Last Updated: May 12th, 2017
1. Rthm Site and Rthm Services
Rthm’s Site is made available to you for the purpose of providing you with information about the services offered, including the Rthm Services and their associated applications (each a “Service”).
2. Acceptance and Modification of Terms
3. User Accounts
To access and use certain features of the Site and the Rthm Services, you will need to create an account (referred to as a “User Account”) or sign-in through your Facebook account.
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Site: and (c) be responsible for all activities that occur under such password or account.
Further, you agree to immediately notify Rthm of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. Rthm shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
5. Suspension and Termination of Access
All content and data made available by Rthm through the Site or the Rthm Services (the “Rthm Content”) is owned solely and exclusively by Rthm. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Rthm Content; (b) market, sell, re-sell or make commercial use of the Site, Rthm Services or any Rthm Content; (c) systematically collect from the Site, Rthm Services and use any Rthm Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Site, Rthm Services or the Rthm Content.
If you make any information, data or content available to Rthm on or through the Site or Rthm Services, including by contacting us, or providing comments or ideas about our Services or the Site or Rthm Services (referred to herein as “User Content”), you are deemed to grant Rthm a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Site or Rthm Services without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Site or Rthm Services, or that is made available using your User Account. If you create any User Content, you represent that you have the right to do so.
7. Use Restrictions
8. Personal Information
10. Sales and Refund
If you have questions about your return or refund, we would be happy to help. Please contact us at: customerservice@Rthm.ca
11. Site and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE SITE, THE SERVICES, ANY RTHM CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE SITE, THROUGH RTHM OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, RTHM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
RTHM DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR RTHM CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY RTHM CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. RTHM SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, RTHM OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY RTHM CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, RTHM CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SITE, RTHM AND ITS SERVER ARE FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT RTHM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE OR RTHM. EXCEPT AS OTHERWISE AGREED IN WRITING, RTHM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE OR RTHM.
IF YOU ARE DISSATISFIED WITH THE SITE, RTHM, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF RTHM IN OPERATING THE SITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SITE, RTHM AND SERVICES.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RTHM, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE SITE, RTHM SERVICES, OR ANY RTHM CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
IN NO EVENT WHATSOEVER SHALL ANY OF RTHM, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF SITE, RTHM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE SITE OR THE USE OF, OR RELIANCE ON, ANY RTHM CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE SITE, RTHM OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE SITE, RTHM, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
Rthm shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Rthm’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
You agree to indemnify and hold Rthm and Company Parties harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Site, Rthm, and Services offered.
All product, brand and company names, logos, trade-marks and brand elements displayed on the Site or Rthm or used in connection with the Services are the trade-marks of Rthm (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Site, Rthm or in connection with the Services without the express written consent of Rthm or the owner of the mark, as appropriate, is strictly prohibited.
18. Entire Agreement
It is the express will of Rthm that these Terms and all related documents on the Site, Rthm are in English.
20. Conformance with Law
23. Contact Us