Records and Data Management, Inc.

User Terms of Use Agreement

Date of last revision: October 26, 2017

This terms of use agreement—and incorporated Privacy Policy (available at—(together, “Agreement”) is between Records and Data Management, Inc., a New Mexico corporation (“Company” or “we”) and technology user (“User” or “you”) that has decided to use the Company’s services; any Company website or app; or any features, products, graphics, text, images, photos, audio, video, computer code, or all other forms of data and communications (collectively, “Content”) made available by the Company (together, “Services”).

By using the Services in any way, you agree to be bound by thE Agreement. If you do not accept and agree to be bound by all of the terms of the Agreement, do not use the Services.

The Agreement is subject to change by the Company at any time. It is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of the new, updated, or amended Agreement.

I. Description of the Services

The Company, through the website, provides a website/platform for technology users (such as business executives, solution providers, and integrators) (“Users”) and technology providers (“Providers”). Users can search and read content concerning technology and technology providers, and save that content to individual electronic storage. Providers can upload content and obtain stats on user activity. Users and Providers can interact by Users subscribing to Providers (and their content) and by Users requesting additional information from Providers through the Services. Furthermore, the Company provides an online forum to organize and execute trade shows for Providers and Users to present and discuss technology.

II. Your Use of the Services

A. Your Representations and Eligibility to Use Services

By registering and using the Services, you represent and warrant you: (i) have the authority and capacity to enter the Agreement; (ii) are 18 years or older; (iii) are not precluded or restricted in anyway by any laws from using the Services and Content; and, (iv) are not otherwise precluded or ineligible to use the Services and have not been previously suspended from using the Services under any name or entity.

B. Truthfulness of Information

You confirm all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.

C. Limited Use of Services

The Services are only for the uses specified in the Agreement. You may not use the Services or any Content contained in the Services in connection with any commercial endeavors outside of the Services and the Agreement. The Company reserves the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services, including illegal use of Content and unauthorized access of or linking to the Services.

D. No Infringement: Company

You agree that the Company’s Services contain proprietary information and material that is owned by the Company and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws. The Company’s ownership extends to all content (except Provider’s content, which is owned by the Provider and licensed for use by the Company), features, and functionality on the website or app, and in Company communication that is protected or protectable under the law. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in the Agreement or otherwise in writing by an authorized agent of the Company. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way. In no way should your use of the Services be construed to diminish the Company’s intellectual property rights or be construed as providing you a license or the ability to use the Services in any context other than as expressly permitted under the Agreement.

E. User-Stored Content

Users are able to save various articles and contents to individual electronic storage. Such storage is not a guarantee of continued access to that content; the Company, in its sole discretion, may decide to remove content from its Services or from storage of a User, particularly where that content engages in prohibited activities under these terms.

F. Prohibited Activities

You shall not engage in the following activities:

1. Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same;

2. Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;

3. Use the Services to display, retain, or circulate any inappropriate or objectionable content, in the sole discretion of the Company;

4. Access an account without permission of the accountholder or Company;

5. Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;

6. Spam any comments section with offers of goods and services, or inappropriate messages;

7. Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services;

8. Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;

9. Use, save, or post content which violates another’s intellectual property rights, including trademarks, copyright, and republication and retention restrictions; and,

10. Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

III. Disclaimers, Waivers, and Indemnification

A. No Guarantees, Endorsements, or Investigation

The Company does not provide any guarantees or endorsements of, or review for accuracy or appropriateness, any content, materials, or information provided by Users, Providers, or third parties. You accept all risks relating to any reliance on any content, materials, or information, or any association with any User, Provider, or third party.

B. Disclaimer of Warranties

All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, the Company makes no warranty that access to the Services will be uninterrupted, secure, complete, error free, or meet your particular requirements.

C. Waiver of Liability

You waive any liability of or claims against the Company for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of or associated with using the Services or Content. You waive any claim or liability stemming from the negligence of the Company. You also waive any liability of the Company based upon the negligence, recklessness, intentional acts, or accidental conduct of users or any third party. You understand the Company does not control or investigate its users or third parties.

D. Scope of Waiver

You understand and agree the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed. This includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

E. Indemnification

If the Company is subject to complaint, demand, mediation, arbitration, litigation, or other pursuit based upon your conduct stemming from use of the Services, Content, or related activities, you agree to indemnify the Company for all costs, expenses, and fees (including attorneys’ fees by the attorneys of the Company’s choice) it expends in defending itself against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, violation of the Agreement or any other terms or conditions of the Company; misuse of the Services or Content; interactions with other users or third parties; use of intellectual property on or through the Services; and any such actions performed by an agent, entity, or representative on your behalf. You agree to indemnify the Company as soon as the Company incurs the costs, expenses, and fees, whether those are billed by event, or in week, month, or some other interval.

IV. Termination and Content Rights

A. Right to Remove Content

The Company reserves an unrestricted right to remove any content at any time without advanced notice.

B. Right and Grounds to Terminate Your Access

To protect the Company and its Users and Providers, the Company reserves an unrestricted right to refuse, terminate, block, or cancel your access to and involvement with the Services at any time, with or without cause. You acknowledge here that you have no right to use of the Services should the Company terminate or suspend your access. Primary reasons warranting termination (and primary reasons leading to suspension pending investigation of claims or evidence of the following) include:

1. Violating any of the provisions of the Agreement;

2. Hindering or interfering with the Company in providing its Services;

3. Making misrepresentations, lying, or deceiving the Company, or other Users or Providers; and,

4. Using the Services or Content in violation of any international, federal, state, or local law, or applicable regulation, rule, or order by any regulatory, governing, or private authority, or a court of competent jurisdiction.

C. No Right to Services

You neither possess nor retain any ownership of or rights to the Services or any content generated by the Company.

D. Termination

User may terminate User’s account by written notice to the Company at any time.

E. Content after Termination—Users

Upon termination of Services—either by the Company or through your cancellation—you will have thirty days to notify the Company, in writing, that you wish to save the information stored in your individual electronic storage and pay the then-current fee for transfer, as set by the Company. The fee must be paid within the notification period. Transfer of the content of your storage is for your personal viewing. Transfer does not convey any rights or ownership of such content beyond possession for your personal viewing. Should it come to the attention of the Company, in its sole discretion, that you intend to use the content for any other use, the Company reserves the right to refuse transfer.

F. Survival

After termination, the Company retains all rights to content as specified in the Agreement. Sections II—V of the Terms of Use survive after termination.

V. General Provisions

A. DMCA Violations

If you believe any content on the Company’s website infringes on your copyright, you may request the content’s removal by contacting the following address: The Company will respond to all requests in a timely manner.

B. Successors and Assignees

The Company may assign the Agreement at any time. You may not assign the Agreement without express written permission from the Company.

You agree that any waiver or protections afforded to the Company are also provided to its affiliates, directors, officers, principals, employees, agents, and successors in their role and relationship with the Company. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.

C. Arbitration

The exclusive means of resolving any dispute or claim arising out of or relating to the Agreement (including any alleged breach), or the Services, shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. Parties understand and accept that, by agreeing to arbitration, Parties are foregoing their access to a trial by jury.

D. Governing Law and Venue

The Agreement will be governed by and construed in accordance with the laws of the State of Colorado. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. Each party agrees to waive the following defenses to any action brought in Colorado:forum non conveniens and lack of personal jurisdiction.

E. Waiver

If one party waives any term or provision of the Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under the Agreement or the Privacy Policy, that party retains the right to enforce that term or provision at a later time.

F. Severability

If any provision of the Agreement or the Privacy Policy is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of those agreements will remain in effort and be construed and enforced consistent with the purpose of those agreements.

G. Understanding of Agreement

You acknowledge that you understand the terms and conditions of the Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into the Agreement, and have either done so or chosen not to do so in entering the Agreement. Regardless of your choice, you intend to be fully bound by the Agreement.

H. Entire Agreement

The Agreement, including the Terms of Use and Privacy Policy, constitutes the entire agreement between the Company and you, and supersedes all prior agreements, representations, and understandings, oral or written, between the Parties.