TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE--THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER.
We welcome you to our site. RHEO AI (“Rheo”, “us”, or “we”) ask that you review these Terms and Conditions (“Terms”), which are intended to constitute a binding agreement that conditions your use of this site . We have tried to avoid unnecessary legal verbiage and remain transparent about our efforts protect our rights in order to provide you with access to the content available on this site. If you do not wish to be bound by these Terms after you have read them, please leave the site. If you remain on this site, or return thereafter, you agree to be bound by these Terms.
1. Intended Audience.

This site is intended for information use by our customer and potential customers. Our site is not intended for use or access by children under the age of 16. If you are under the age of 16, please do not use our site. Rheo is located in, and this site is operated from, the United States. Users of this website located outside the United States should be aware that their personal information (including that associated with their devices) may be transferred and stored in the U.S. by Rheo and our service providers.

2. Limited License to Use this Site.

Original material which we post on this site is protected by intellectual property laws.  Subject to your compliance with these Terms‚ we grant you a limited license to access our site, view its content, and interact with its interactive features. This license is limited to you and it may not be transferred to any other person.

3. Acceptable User Conduct.

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

  • Download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of our site‚ except and to the extent expressly permitted under these Terms;
  • Remove any copyright‚ trademark or other proprietary rights notice contained in or on our site;
  • Use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of our site;
  • Reformat or frame any portion of any parts of our site;
  • Create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment or use of our site;
  • Transmit or upload to our site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of our site or any computer or other device or system‚ or the enjoyment of our site by any user;
  • Use our site to violate the security of or gain unauthorized access to any computer or computer network or other device or system;
  • Take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on our site, servers, or the IT infrastructure used to operate and make our site available; or
  • Use our site to violate these Terms or any applicable local‚ state‚ federal or international law.
4. Accounts.

Rheo grants access to the site an any non-public areas of the Site to an organization’s designated administrator (the “admin”). The admin may permit individuals to access non-public portions of the Site. The admin controls access by end-users and is responsible for their use of the site in accordance with these Terms. In order to access restricted portions of this site, you are required to create an account on this site (your “Account”) and provide your contact information. Rheo reserves the right to refuse or reject any request to create an account for you for any or no reason at Rheo’s sole discretion.

If you have a password for access to non-public areas of the site, you are responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Rheo shall not be under any duty to inquire as to the authority or propriety of any instructions given to Rheo by you or via your password and shall be entitled to act upon any such instructions and Rheo will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, statements and other information received from Rheo. You must notify Rheo immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Rheo in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

If Rheo has reason to suspect that you have breached these Terms, or that any of your Information is not authorized, correct, current and complete, Rheo may, in addition to taking or reserving any other remedies against you, terminate your Account. Rheo reserves the right to erase any or all of your information from this site, as well as to terminate your Account without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Any suspension, termination or cancellation of your Account shall not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation.

As between you and Rheo, your contact information, data and other information made available through your Account or that you otherwise make available from time to time on the site (collectively, “Your Information”) is owned by you. You hereby irrevocably grant Rheo a worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, assignable, sublicensable, transferable rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Information in connection with the site and the services provided to you through the Site.

5. Intellectual Property Rights.

All content and functionality on this site, including any text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Rheo or our licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. Our site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction without our permission is prohibited.

Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any or all part of our site without the prior consent of the copyright owner.

The Rheo.ai name, the Rheo.AI logo and all related names, logos, product and service names, designs and slogans are the trademarks of Rheo.ai. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on our site are the trademarks of their respective owners.

6. Third-Party Links.

From time to time our site may include links to other sites maintained by third parties, and some of the content appearing on our site may be supplied by third parties (“Linked Sites”). We have no responsibility for any Linked Site, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. We may provide Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by us of the Linked Sites. We have no responsibility for the content of the Linked Sites. We encourage you to read any applicable terms and conditions or privacy policies at any Linked Sites.

7. Electronic Communications.

When you use our site or send emails to us you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our digital properties. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

8. Privacy.

Please review our Privacy Policy to learn about how we process your personal information when collected through this site.

9. Feedback.

You may have the ability to submit questions, comments suggestions, reviews, ideas, and other information regarding our site or our services ("Feedback"). You agree that Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. Unsolicited Email, Spamming & Spoofing.

You may not use this site to transmit unsolicited email. You may not send unsolicited email to this site or to anyone whose email address includes the domain name used on this site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.

11. Violations/Indemnification.

Your access privileges are conditioned on your adherence to the terms of these Terms. If you violate any of these Terms, you agree that we may deny you access to the site. You further agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of any violations of these Terms. If asked to do so, you agree that you will not attempt to access this site.

12. DISCLAIMER OF WARRANTIES.

WE DO NOT OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN ON THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 12 AND OTHER TERMS OR PROVISIONS OF THESE TERMS, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

13. LIMITATION OF LIABILITY.

WE DO NOT ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON THIS WEB SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.

14. Complete Agreement/No Representations.

These Terms constitutes the entire agreement between you and us relating to your access to and use of this site and supersedes any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by these Terms are reserved by us. These Terms may not be modified, either expressly or by implication, except as set forth below in section 15.

15. Modifications.

Our employees are not authorized to vary the terms of these Terms. You agree that we may modify these Terms in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms. You agree to review this page at least once every thirty (30) days. As a courtesy, we will also notify you by email at the address you have provided to us. Please register the appropriate email address at contact@rheo.ai. You will be deemed to have agreed to the new Terms if you continue to access this site after having been notified of a revision or modification by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised Terms are first posted (whichever is sooner). If you do not provide us with a valid email address to send you information on revisions or modifications to these Terms, then you agree that you will have waived your right to notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It will be your responsibility to review this page for possible modifications.

16. Dispute Resolution/Jurisdiction.

YOU AND RHEO.AI AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute, claim or controversy between you and RHEO.AI, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'Rheo') arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of California. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Rheo will provide such notice by e-mail to your e-mail address on file with Rheo and you must provide such notice by e-mail to contact@rheo.ai. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussion and negotiation. If the dispute cannot reach an amicable settlement, and following the expiration of the notice period, either party may initiate arbitration.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Judgment on the Award may be entered in any court having jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Rheo and you agree that any dispute hereunder will be submitted to arbitration on an individual basis only. Neither Rheo nor you are entitled to arbitrate any dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of California.

17. Governing Law and Jurisdiction.

All matters relating to our digital properties and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

18. Construction.

If any portion of these Terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.

19. Contact.

To ask questions or comment about these Terms and/or our privacy practices, please email us at contact@rheo.ai.