Disclaimer of Warranty
This site is provided on an “AS IS” basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the information is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the information is with the User.
PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM 3RD PARTY WEB SERVICES. ALL SUCH CONTENT IS PROVIDED TO YOU “AS IS.” THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME. PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM AMAZON WEB SERVICES. ALL SUCH CONTENT IS PROVIDED TO YOU “AS IS.” THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.
Limitation of Liability
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall RightScale or any other contributor or supplier, be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages.
Both parties (RightScale and User) agree not to disclose to any third party, confidential information of RightScale, User, or anyone with a business or employment relationship with RightScale or User. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the services
Both parties (RightScale and User) shall indemnify and hold harmless the other side (the User and RightScale) and its Client, their owners, officers, directors, agents, and employees, from and against all claims, liabilities or costs (including attorney’s fees and court costs), brought by any other party, including private parties or governmental entities.
This Consent shall be governed by the laws of the State of California, USA, without regard to choice of law principles, regardless of where RightScale is performing work or providing services directly or indirectly.
These terms and condition represent the complete agreement concerning subject matter hereof. If any provision of this contract is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this terms and conditions.
Mandatory Mediation and Binding Arbitration
If differences cannot be resolved, RightScale and User agree to mandatory mediation and binding arbitration using the meditation and arbitration services of the Better Business Bureau (BBB) for all business dealings. Detailed rules and procedures for mediation and arbitration can be found on the web site of the BBB.
RightScale is constantly striving to better its product offering and will contact User using the email provided after signup for these and other purposes: sending welcome emails, sending password reset information, notification of billing, follow-up on signup, and for other messaging needs.
Method of Notice
User irrevocably agrees to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of RightScale for any matter or any proceeding for which notice is required. This includes updates to the terms of this agreement.
Fees charged by RightScale include the costs of mailing. All actual “mailing costs” charged by carriers such as the US Postal Service to deliver mail to recipients are “passed through” to User at the cost imposed by such delivery providers without markup. Any charges above “mailing costs” are merely RightScale service fees and should not be considered a resale of said delivery provider services.
RightScale is a value-added provider of Amazon Web Services.
RightScale is a general partnership operated by Thorsten von Eicken and Jonathan Siegel. RightScale charges may appear as ELCTECH or THE ELECTRIC CONNECTION, LLC, our current payment processor account. Any questions? For fastest response: Contact RightScale Online or by phone at 866.863.7365. RightScale-may also be contacted by mail at:
402 East Gutierrez Street
Santa Barbara, CA 93101