Terms and Conditions
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Use Rhody Report at Your Own Risk. We provide the material available through this Service for informational and entertainment purposes ONLY. You may only use the material, information, and the services available through this Service for your personal and non-commercial use. We do our best to ensure that information we post to this website and the services herein is both timely and accurate, and that the services offered are reliable. Despite our efforts, however, content or services on this Service may, from time to time, contain errors.
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LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, SERVICE PROVIDERS OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
DISPUTE RESOLUTION (the following to be considered an Mediation Agreement between us and you)
You agree to mediate – rather than litigate in court – any and all claims or disputes between the parties (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of ours) that arise out of or in any way relate to this Service and products or services that we, our affiliates and/or our Service Providers (on our behalf) may provide to you in connection with your use of this Service; provided, however, that in no event shall this provision prevent you from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against us on your behalf. Mediation will be binding and judgment on the award rendered in the mediation may be entered in any court having jurisdiction thereof.
In mediation, there is no judge and no jury, and review of mediation decisions in the courts is very limited. Instead, disputes will be resolved by a mediator, whose authority is governed by the terms of this Agreement. You agree that an mediator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An mediator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with us. Discovery may be limited in mediation, and procedures are more streamlined than in court. Notwithstanding the above, you may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or any other federal, state, or local government agency authorized by law to hear your claims.
Class Action Waiver: You agree that all claims or disputes between us will be arbitrated individually, and that there will be no class, representative, or consolidated actions in mediation. If you or we bring a claim in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor we may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this mediation agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this mediation agreement shall not prohibit you or us from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our mediation agreement and that if this class action waiver is found to be unenforceable by any court or mediator then the entire mediation agreement set forth in this section will not apply to any claim or dispute between you and us. This class action waiver may not be severed from our mediation agreement.
Informal Dispute Resolution: You and the Rhody Report that operates the Service agree to try to resolve disputes informally before resorting to mediation. If the dispute cannot be resolved by telephone, you agree to notify us of the dispute by sending a written description of your claim to so that we can attempt to resolve it with you. If we do not satisfactorily resolve your claim within 30 calendar days of receiving notice of it, then you may pursue the claim from a local, Rhode Island mediation service. Neither you nor we may initiate mediation without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.
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