Please read this End User License Agreement carefully before clicking the “I Agree” button, downloading or using the Rev App, Revolution App system, website, or application.
By clicking the “I Agree” button, you are agreeing to be bound by the terms and conditions of this End User License Agreement.
If you do not agree to the to the terms of this End User License Agreement, do not click on the “I agree” button and do not download or use the Rev App, Revolution App website or application.
Rev App, Revolution App is a website and application that can be used on desktop, iOS, Android, Windows mobile devices. Rev App, Revolution App functions as a third party resource tool for Independent Sales Organizations (ISO’s) and does not dictate day to day operations of the ISO or provide legal advice to any ISO or End User. Rev App, Revolution App does not act as an employer for any End User.
Rev App, Revolution App grants End User a revocable non-exclusive, non-transferable, limited license to download, install and use the website and application solely as resource database for use by the individual End User or Independent Sales Organization strictly within the terms of this agreement. The End User shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The End User acknowledges that, as between the Rev App, Revolution App and contributing parties and the End User, that any information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of the Rev App, Revolution App and contributing parties, even if suggestions, comments, and/or ideas made by the End User are incorporated into the Confidential Information or related materials during the period of this Agreement.
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Rev App, Revolution App software and website shall remain with Rev App, Revolution App, a proprietary system of The Brand Executives. Except for those rights expressly granted in the EULA, no other rights are granted, whether express or implied.
We may ask End Users certain information about themselves during the Rev App, Revolution App registration and use process. Rev App, Revolution App employs the use http cookies to gather data on End User activity on the Rev App, Revolution App application and website. That information will be used for purposes of monitoring usage and engagement of Independent Sales Organizations and End Users. This information may be used to analyze user patterns, develop new software, or provide additional resources through Rev App, Revolution App. Rev App, Revolution App may also disclose this information to The Brand Executives for the purpose of business analysis. Rev App, Revolution App may disclose specific End User data through optional features that allow the End User to correspond and/or communicate with other Rev App, Revolution App users via email, or external application programming interfaces outside of the Rev App, Revolution App platform. By choosing to use Rev App, Revolution App services End User indicates understanding and acceptance of the Personal Information and Privacy clause this End User License Agreement. Rev App, Revolution App may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of this EULA, or protect the rights, property or safety of Rev App, Revolution App, The Brand Executives, its users or the public.
The Rev App, Revolution App website and application may enable access to Licensor’s, external Application Programming Interfaces and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Rev App, Revolution App is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Rev App, Revolution App Application or External Service, including but not limited to financial, media and location information, is for general informational purposes only and is not guaranteed by Next-Exec or its agents. You will not use the External Services in any manner that is inconsistent with the terms of the Rev App, Revolution App EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you
You agree not to and you will not permit others to:
License, sell, rent, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit Rev App, Revolution App and/or any content provided by Rev App, Revolution App, or make the application or website available to a third party.
All content provided by Rev App, Revolution App is disclosed to the recipient in order to act as an informative resource for the sole purpose of proliferating proprietary sales and marketing information. End User License Restrictions require End User to protect the confidential information and material provided by Rev App, Revolution App. End User Agrees to be subject to terms of non-disclosure.
End user agrees to be bound by the terms of non-disclosure of confidential information
The term “Confidential Information”; means any information or material which is proprietary to the Rev App, Revolution App and contributing parties, whether or not owned or developed by the Rev App, Revolution App and contributing parties, which is not generally known other than by the Rev App, Revolution App and contributing parties, and which the End User may obtain through any direct or indirect contact with the Rev App, Revolution App and contributing parties.
Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the Rev App, Revolution App and contributing parties concerning the business, technology and information of the Rev App, Revolution App and contributing parties and any third party with which the Rev App, Revolution App and contributing parties deals, including, without limitation, business records and plans, interview and selection processes, remuneration, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.
A. “Confidential Information” does not include:
– matters of public knowledge that result from disclosure by the Rev App, Revolution App and contributing parties;
– information rightfully received by the End User from a third party without a duty of confidentiality;
– information independently developed by the End User;
– information disclosed by operation of law;
– information disclosed by the End User with the prior written consent of the Rev App, Revolution App and contributing parties; and any other information that both parties agree in writing is not confidential.
The End User understands and acknowledges that the Confidential Information has been developed or obtained by the Rev App, Revolution App and contributing parties by the investment of significant time, effort and expense, and that
the Confidential Information is a valuable, special and unique asset of the Rev App, Revolution App and contributing parties which provides the Rev App, Revolution App and contributing parties with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the End User of the Confidential Information, the End User agrees as follows:
A. No Disclosure. The End User will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Rev App, Revolution App and contributing parties
B. No Copying/Modifying. The End User will not copy or modify any Confidential Information without the prior written consent of the Rev App, Revolution App and contributing parties.
C. Unauthorized Use. The End User shall promptly advise the Rev App, Revolution App and contributing parties if the End User becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
If it appears that the End User has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Rev App, Revolution App and contributing parties shall be entitled to an injunction to restrain the End User from disclosing the Confidential Information in whole or in part. Rev App, Revolution App and contributing parties shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
Upon the written request of Rev App, Revolution App and contributing parties, the End User shall return to the Rev App, Revolution App and contributing parties all written materials containing the Confidential Information. The End User shall also deliver to the Rev App, Revolution App and contributing parties written statements signed by the End User certifying that all materials have been returned within five (5) business days of receipt of the request.
Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.
The End User acknowledges and agrees that the Confidential Information is provided on an “AS IS” basis.Rev App, Revolution App and contributing parties make no warranties express or implied with respect to the confidential information provided by the Rev App, Revolution App resource and hereby expressly disclaims any and all implied warranties of merchantability and fitness for a particular purpose. Rev App, Revolution App and contributing parties in no event shall be held liable for any direct, indirect, special, or consequential damages in connection with or arising out of the performance or use of any portion of the confidential information. The Rev App, Revolution App and contributing parties do not represent or warrant that any product or business plans disclosed to the End User will be marketed or carried out as disclosed, or at all. Any actions taken by the End User in response to the disclosure of the Confidential Information shall be solely at the risk of the End User.
The obligations of this Agreement shall survive 3 Years from the Effective Date or until the Rev App, Revolution App and contributing parties sends the End User written notice releasing the End User from this Agreement. After that, the End User must continue to protect the Confidential Information that was received during the term of this Agreement from unauthorized use or disclosure indefinitely.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, and representatives, from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and acknowledged by both parties. This Agreement shall be construed under applicable State Laws. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the expressed consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the term of this Agreement.
Rev App, Revolution App reserves the right to modify, suspend or discontinue, temporarily or permanently, the Rev App, Revolution App website and application, or any service to which it connects, with or without notice and without liability to you.
Rev App, Revolution App (Licensor) shall not be liable to End User (Licensee) for any lost profits, lost revenues or opportunities, downtime, or any consequential damages or costs, resulting from any claim or cause of action based on breach of contract, negligence or any other legal theory, even if Licensor knew or should have known of any possibility thereof. In no event shall Licensor’s aggregate liability exceed the amounts actually paid to Licensor by the individual Licensee in the 12 month period immediate preceding the event given rise to the claim. Rev App, Revolution App provides a no-cost resource for active members of Independent Sales Organizations eliminating aggregate financial liability of Rev App, Revolution App for at any point during the End User License agreement.
As an expeditious and economical way to settle employment disputes without the need to go through the courts, Independent Sales Organizations utilizing the Rev App, Revolution App network and the end user (“Employee”) agree to resolve disputes between them which may arise out of or relate to Employee’s application or candidacy for employment, employment, or termination of employment with Employer through binding arbitration under their Mutual Arbitration of All Claims Agreement (“Agreement”). Employment with Employer is a voluntary relationship for no definite period of time, and nothing in this Agreement or any other Employer document constitutes an express or implied contract of employment for a definite period of time. This Agreement does not in any way alter the “employment at will” relationship between Employee and Employer. Rev App, Revolution App is an optional resource tool for Independent Sales Organizations. Any Independent Sales Organization (ISO) and End User indemnify Rev App, Revolution App for all liabilities or losses incurred in connection with legal action or arbitration proceedings resulting from employment disputes, claims or disagreements whatsoever. The mutual arbitration terms acknowledged by any qualified End User of Rev App, Revolution App and the employing ISO are defined in individual Mutual Arbitration of Claims Agreements. Any ISO that provides access to Rev App, Revolution App to an End User that has not entered into a Mutual Arbitration of Claims contract with the ISO is in direct breach of the terms of use of Rev App, Revolution App. Any Independent Sales Organization that utilizes Rev App, Revolution App indemnifies Rev App, Revolution App and The Brand Executives from any and all liability resulting from legal action put forth by any End User employed at stated Independent Sales Organization.
The failure of either party to insist in any one or more cases upon the strict performance of any term, covenant, or condition of this Agreement will not be construed as a waiver of subsequent breach of the same or any other covenant, term, or condition; nor shall any delay or omission by either party to seek a remedy for any breach of this Agreement be deemed a waiver by either party of its remedies or rights with respect to such a breach.
If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other persons or circumstances, and, to this end, the provisions hereof are severable.
For questions regarding this End User Agreement, please contact privacy@revolution-app.com
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