The English version of this page shall apply exclusively for the interpretation of this Agreement. Any translations of the current page shall be understood to be non-binding.

RSS.COM Terms and Conditions

This Agreement was last modified on May 30, 2025.

Please read these Terms of Service (“Terms of Service”) carefully before using the site or services offered at https://rss.com (the “Site”) which are operated by RSS America, LLC (“RSS America, LLC,” “RSS America,” “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions between RSS America, LLC and you (“you,” “your,” or “yourself,”) for your use of the Site, and any information, content, or materials that you access, use, or receive from the Site. If you as an individual use this Site for yourself, or sign up for a plan using your business email domain or in the name of a business entity, that entity is the user and “your,” “you,” and “yourself” in these Terms of Service refers to that business entity which, by accepting these terms, you represent that you have the requisite authority to so bind. Please note that these Terms of Service hereby incorporate by reference any additional terms and conditions we mention below, post through the Site or otherwise make available to you (collectively, the “Agreement”).

BY ACCESSING OR USING THE SITE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR CONTRIBUTING CONTENT (AS DEFINED BELOW) OR OTHER MATERIALS TO THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, POLICIES (INCLUDING OUR “PRIVACY POLICY,” ACCESSIBLE AT HTTPS://RSS.COM/PRIVACY-POLICY/ AND NOTICES CONTAINED OR REFERENCED HEREIN, AND YOU AND WE FURTHER AGREE TO RESOLVE ANY DISPUTE BETWEEN US THROUGH A DISPUTE RESOLUTION PROCEDURE DESCRIBED IN SECTION 21 BELOW TITLED: “GOVERNING LAW; ARBITRATION AND DISPUTE RESOLUTION.” PLEASE CAREFULLY REVIEW THAT SECTION FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE AT LEAST 13 YEARS OLD. ADDITIONAL FEATURES OR PROGRAMS MAY REQUIRE A HIGHER AGE LIMIT, AS NOTED BY APPLICABLE ADDITIONAL TERMS. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME. RSS AMERICA, LLC MAY CHANGE ANY OF THE TERMS OF THIS AGREEMENT AT ANY TIME BY POSTING REVISIONS TO THE SITE, AND CHANGES ARE EFFECTIVE FROM THE DATE POSTED. YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, YOU MUST EXIT THE SITE IMMEDIATELY, AND YOU MUST NOT USE THE SITE.

SITE DESCRIPTION

The Site allows podcasters to publish and host podcast shows and episodes by uploading Content via a web browser accessing our Site. We then host, generate and update the Content via a Really Simple Syndication (“RSS”) podcast feed (“RSS feed”) and produce a dynamic website that includes a list of recent podcasts, an archive, and a streaming media player. The stream is available on the Site and is reachable via the main podcast directories.

CONSIDERATION

You acknowledge and agree that this Agreement is entered into in consideration of your use of the Site pursuant to the terms of this Agreement and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge.

PRICING

If you subscribe to the Site, then you acknowledge and agree that you will be charged according to our pricing (located at https://rss.com/pricing/). Notwithstanding the foregoing, certain Site users and podcasters may be subject to a separately agreed upon pricing structure, as may be determined by us in relation to usage that is beyond our typical plans. For example only, enterprise services are available to our paying subscriber customers who utilize significant bandwidth or support beyond the average engagement of our typical subscriber customers. If you are deemed to be an enterprise customer (i.e., using more than the typical use of our “All in One Plan” based on the average bandwidth consumption of our active subscribers per month), a RSS America representative may contact you for special enterprise pricing of bandwidth. We reserve the right to change all pricing, and if we do, we will provide reasonable notice of such change on the Site or via email. Your continued use of the Site after the pricing change becomes effective constitutes your agreement to the changed pricing.

SUBSCRIPTION

Charges are processed via a third-party payment processor (currently Stripe, which has its own Services Agreement (located at https://stripe.com/ssa). By providing your payment method and subscribing to the Site, you authorize our third-party payment processor, as applicable, to charge your payment method the applicable charges and any applicable sales, value-added or similar taxes.

AUTO-RENEWAL

Your subscription automatically renews at the end of each subscription term. To cancel your subscription, you can do it anytime through our self-service option: log into dashboard.rss.com, go to the Subscription section under your Account, and select Unsubscribe. If you prefer, you can also contact support@rss.com and we will assist you with the cancellation. While you may cancel your payment subscription prior to the automatic renewal at any time, your subscription shall be discontinued upon the expiration of the then-current subscription term.

TRIALS

From time to time, we may offer trial subscriptions for a specified period and to certain users at a reduced rate or free of charge. The length of such trials may vary, and we reserve the right, at our discretion, to modify or withdraw the terms of the trial at any time without any liability.

ACCOUNT

To access and use the Site, you will need to register and create an account with certain requested information (“Account”). You may create a free Account. For the purpose of creating your free Account, you’ll need to provide us with a valid email address and a password. Your free Account allows you to create and upload podcast episodes for free, subject to limitations on certain features, as determined in our discretion. To access certain other functionalities and services, we require subscriptions to paid Account plans.

You can provide optional billing information such as address, phone number and tax ID. Your email and password data will be securely stored by us. Optional billing information will be securely stored by us and by our third party secure payment processor (see the Subscription section of this Agreement). Your credit card information will be stored only by our secure payment processor. We will not store your credit card information.

You agree to provide accurate, current and complete information about your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading. You are responsible for maintaining the confidentiality of your password and Account and agree to notify us at support@rss.com if any of the passwords or log-in credentials are lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised. You are responsible for all activities that occur under your Account.

ACCEPTABLE USE AND RESTRICTIONS

By using the Site, you agree to the following restrictions and conditions upon such use. The restrictions and conditions described herein are not exhaustive. By violating these Terms of Service or allowing or enabling others in doing so, we may suspend or terminate your use of the Site at our discretion.

By using the Site, or transmitting or submitting any Content, information or other materials through the Site, you agree to not, and to not allow or otherwise enable others to:

  • Infringe, violate, or otherwise misappropriate the legal rights of us or others, including but not limited to intellectual property rights, privacy, and publicity rights;
  • submit Content, information, or other materials that are malicious, false, inaccurate, pornographic, defamatory, libelous, obscene, harassing, incendiary, abusive, threatening, offensive, racist, deceptive, encouraging harmful or criminal conduct;
  • engage in, promote, or encourage illegal activity;
  • attempt to, or harass, abuse or harm another person or group of people;
  • collect or store any personally identifiable information form the Site or from other users of the Site without their express permission;
  • use for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, offering or disseminating fraudulent goods or services, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing or pharming);
  • upload, process, host, use, or distribute Content or other technology that may interfere with, intercept, or expropriate any system, program or data, including viruses, Trojan horses, or worms; access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; attempt to probe, scan or test the vulnerability of the Site or any of our systems or network, or breach any authentication or security measures; use any meta tags or other metadata or hidden text utilizing our trademark, logo, URL or product name without our express written consent; attempt to reverse engineer, decipher, decompile, or disassemble any portion of the Site or the software used to provide the Site and services;
  • use the Site, or any portion of it, for any commercial purpose or for the benefit of any third party other than as expressly permitted by these Terms of Service or as agreed to us in writing; sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party;
  • use another user’s account without permission;
  • hotlink to resources hosted by the Site, including your podcast episodes;
  • make any automated use of the Site, or take any action to cause or to potentially cause a disproportionate or unreasonably large load on our servers or network infrastructure;

YOU UNDERSTAND AND AGREE THAT ANY LIABILITY, LOSS OR DAMAGE THAT OCCURS AS A RESULT OF THE USE OF ANY CONTENT, INFORMATION, OR OTHER MATERIALS THAT YOU MAKE AVAILABLE OR ACCESS THROUGH YOUR USE OF THE SITE IS YOUR SOLE RESPONSIBILITY. We are not responsible for any public display or misuse of your Content, information, or other materials. We do not obligate ourselves to pre-screen or monitor any user content, information, or other materials, or use of users on the Site, but we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms of Service, and to comply with applicable law or other legal requirements. We are not obligated to, but we reserve the right to, remove or disable access to the Site or any Content, information, or other materials, at any time and without notice, if we, in our sole discretion, consider any content, information, materials, or use to be objectionable or in violation of these Terms of Service. We have the right to investigate violations of these Terms of Service or other conduct that affects the Site or services, and we may also cooperate with or consult with law enforcement or other governmental authorities regarding violations of the law.

RSS FEEDS ACCESS AND AUTHORIZED USE

Third parties are authorized to access, index and link RSS feeds hosted by RSS America, LLC, subject to the following conditions:

  1. Contents of RSS feeds may not be duplicated, altered, modified, or manipulated without express written permission of RSS America, LLC and/or the owners of the content of such RSS feeds;
  2. Our RSS feeds and the content of our RSS feeds may not be cached under any circumstances or conditions without prior written authorization. Audio and video files specified in our RSS feeds must not be cached and they must be always delivered directly by RSS America, LLC via our content distribution network (CDN);
  3. When audio and video files included in RSS feeds hosted by RSS America, LLC are used in conjunction with a third party web player, a native mobile player or any other interactive player, they must be never preloaded (e.g. the “preload” attribute of the HTML <audio> tag must be always set explicitly to “none”). Audio and video files specified in RSS feeds hosted by RSS America, LLC shall only be loaded upon explicit user interaction with the “Play” button or equivalent.
  4. RSS feeds are available on an “AS IS” and “AS AVAILABLE” basis, and with no warranties whatsoever, whether express or implied. Users and third parties access and use the Site at their own risk. RSS America, LLC makes no representations and hereby disclaims any warranty of quality, merchantability, suitability or fitness for any purpose, technical and standards compliance, freedom from malware or other harmful components. RSS America, LLC makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for the content of feeds hosted on the Site, nor for any third-party application, nor for any product or service advertised, offered or provided buy any third party on or through its service or any hyperlinked website;
  5. By accessing any RSS feed hosted on RSS America, LLC's Site, you release, discharge, hold harmless and indemnify RSS America, LLC, its customers, officers, directors, employees, and representatives from and against any and all claims, liabilities, damages, awards, settlements, losses and expenses including, but not limited to attorneys’ fees and costs of investigation, due to or arising from your access and use of such material;
  6. RSS America, LLC may revoke your right to access any feed(s) hosted on the Site, and/or remove all or part of any RSS feed from its Site for any reason, and at any time without notice.

GIFT CARDS

Gift cards have no monetary value and are non-refundable (unless otherwise prohibited by law), non-transferable, and may only be redeemed for services at RSS.com, not exceeding the remaining credit balance on the card. Lost or stolen gift cards are non-redeemable. All services attainable through gift card redemption are subject to RSS’s gift card terms and these Terms of Service. Gift cards must be redeemed within 5 years of purchase unless otherwise specified by the purchasers' State law.

INTEGRATION WITH THIRD PARTY SERVICES

We allow you to automatically convert your audio podcast episodes into videos and publish them on YouTube via an integration with Google APIs. To use this optional feature (also known as PodViz), you will need to authenticate into YouTube and authorize us to manage your existing YouTube account. RSS America, LLC’s use and transfer to any other app information received from Google APIs will adhere to Google API Services User Data Policy (located at https://developers.google.com/terms/api-services-user-data-policy#additional_requirements_for_specific_api_scopes, including the Limited Use requirements).

Integration with other third party services or platforms may be subject to additional terms and conditions, as communicated to you prior to utilizing such applicable features.

CONTENT

You are solely responsible for your Account, the activity that occurs while signed in to your Account or are otherwise using the Site, for any content, information or other materials submitted by you or on your behalf, which may include, but is not limited to, your podcast show and episodes (“Content”), and for any content, information, or other materials we may host or publish on the Site on your behalf. You agree not to transfer, send, post or otherwise upload any Content to the Site if you are not the owner of or do not have all required rights, licenses, and permissions to publish, distribute, host, or otherwise use in connection with the Site. Any unauthorized use of copyright protected material within your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, making available or otherwise communicating to the public via the Site), independent of whether it is or becomes unauthorized at a later point is strictly prohibited. You retain ownership of your Content. You hereby grant to RSS America (and its designees) a worldwide, sublicensable, transferable, non-exclusive right and license to use, copy, modify, publish, distribute, and process your Content, and all other content, information, and other materials that you provide through the Site, without any further consent, notice, or compensation to you or others. Additionally, other users of the Site may access or share your Content via the Site, social media, email, or otherwise, and we are not responsible for any third party sharing or use thereof.

For removal of your Content from the Site, please send an email to support@rss.com and we will process the request for removal, provided that we may retain copies, not accessible to the public, for backup or archival purposes.

For removal of Content from the Site published by others, including (but not limited to) violations of this agreement or copyright laws, please send an email to support@rss.com with a detailed description of your request. See also section 15 Copyright Infringement in this Agreement.

PUBLICITY

We reserve the right to use your company and podcast show and episodes’ name and logo as a reference in marketing or promotional materials on our Site or other public and private communications. If you do not wish us to use your information for this purpose, you can opt-out at any time by sending an email to support@rss.com with a subject line of 'Publicity Opt Out.'

COPYRIGHT INFRINGEMENT

If you own a copyright and believe the Site, or any component thereof, including without limitation, any information, content, or materials found on or associated with the Site, has infringed your copyright, please immediately notify us at support@rss.com with a subject line of “Notification of Claimed Infringement.” As required by the Digital Millennium Copyright Act, and any other applicable laws, we will take the required action to remedy the situation. Please provide all information required by applicable laws in order for us to proceed and handle any such claim.

TERMINATION; DELETION OF ACCOUNT

We may restrict, suspend, or terminate your access to the Site at any time, with or without cause or notice, which may result in the forfeiture and destruction of all Content, information, or materials associated with you and your use of the Site. We retain sole discretion to determine whether you have breached this Agreement or our policies. Your non-compliance with this Agreement may result in: (i) the suspension of your access to the Site; and/or (ii) the permanent removal of your Content from the Site; and/or (iii) the termination of your Account and your right to use the Site. By using the Site, you accept that RSS America may, at any time and at its own discretion, close the Site or parts of the Site and discontinue the Site or parts thereof.

If you’d like to delete your Account, please use our self-service option by logging into http://dashboard.rss.com, go to the Account section, and select Delete Account. If you prefer, you can also contact support@rss.com and we will assist you with the account deletion. In such case, your rights and obligations under these Terms of Service will also terminate except for any obligations of yours that have arisen as a consequence of your use of the Site before the deletion of your account. For the avoidance of doubt, any subscription fees already paid will not be refunded. You understand and agree that it may not be possible to completely delete your Content from the Site records or backups, and that your Content may remain accessible elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you stopped using the Site.

You acknowledge, consent, and agree that we may access, maintain, share, disclose, destroy or delete your account information, personal information, other Content, information, or materials, and access to the Site if required to do so by applicable laws, rules, or regulations. You agree that some of the obligations in these Terms of Service will be in force even after your account is terminated. All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive termination, including, without limitation, ownership provisions, intellectual property, warranty disclaimers, indemnity, limitations of liability, and terms regarding disputes between us.

RSS America is not obligated to ensure the deletion of any Content from any servers or systems operated by third party distributors, or to require that any user of the Site or any third party distributor deletes any of your Content. We have no obligation to retain Content or your data from the Site at any time after cancellation, termination or expiration of your agreement with RSS America. Notwithstanding the foregoing, you acknowledge and agree that RSS America will be entitled to use aggregate, non-identifying data both during and beyond the term of your agreement with RSS America for analytics, as well as to develop, improve and deliver the Site and any services or products thereon.

UPON OUR TERMINATION OF YOUR ACCOUNT OR ACCESS TO THE SITE, ALL RIGHTS GRANTED BY US TO YOU IN THESE TERMS OF SERVICE WILL AUTOMATICALLY TERMINATE AND IMMEDIATELY REVERT TO US, BUT THESE TERMS OF SERVICE WILL REMAIN IN FULL FORCE AND EFFECT WITH RESPECT TO YOUR PAST USE OF THE SITE INCLUDING ALL RIGHTS GRANTED BY YOU TO US.

LINKS TO OTHER SITES

Our Site may contain advertisements or links to third-party sites that are not owned, controlled, or operated by RSS America, LLC.

RSS America, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party entities, sites or services. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit, as your dealings with such parties is subject to any terms and conditions associated with such parties. RSS AMERICA, LLC DOES NOT CONTROL, REPRESENT OR ENDORSE SUCH THIRD PARTIES OR THEIR MATERIALS OR CONTENT, MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO, AND SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF YOUR DEALINGS WITH OR THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.

YOU USE THIRD PARTY MATERIALS AT YOUR OWN RISK AND SUBJECT TO ANY ADDITIONAL TERMS OR POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY CONTENT OR MATERIALS).

LIMITED LICENSE

Subject to your compliance with this Agreement, RSS America, LLC grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement. You agree that you will not, nor permit any other party to, attempt to discover, copy, reverse engineer, disassemble, translate, or otherwise alter any executable code or other properties on the Site. In the event such information is discovered by you, you agree to keep such information strictly confidential. We have the right to pursue legal recourse and penalties against you for failure to comply with this obligation. RSS America, LLC hereby reserves all rights not expressly granted to you in this Agreement, and therefore nothing in this Agreement or on the Site will be construed as granting to you any additional license rights in or to the Site or any RSS America, LLC information, content, materials, or intellectual property located or displayed therein. Additionally, except for any rights to access third party content through the Site, no rights are hereby granted to you with respect to any such third party content.

LIMITATION OF LIABILITY; INDEMNIFICATION

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RSS AMERICA, LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, PARTNERS, OR AGENTS (“RSS PARTIES”), BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER OR NOT DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL, RESULTING FROM YOUR ACCESS OR USE OF THE SITE (OR INABILITY TO USE THE SITE) (INCLUDING LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, INFORMATION, OR OTHER CONTENT) OR ANY OF THE INFORMATION, CONTENT, OR MATERIAL FOUND ON OR ASSOCIATED WITH THE SITE, UNDER ANY LEGAL THEORY AND EVEN IF RSS PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND IN ANY EVENT RSS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT IN ANY CIRCUMSTANCE FOR AN AMOUNT HIGHER THAN ONE HUNDRED U.S. DOLLARS ($100.00). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RSS PARTIES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES INCURRED BY RSS PARTIES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM YOUR USE OF THE SITE, INFORMATION, CONTENT OR MATERIALS, YOUR INFORMATION, CONTENT OR MATERIALS, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR ACTUAL OR ALLEGED VIOLATION, MISAPPROPRIATION OR INFRINGEMENT OF ANY THIRD-PARTY’S RIGHTS. RSS America, LLC reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification hereunder, and in such case you agree to cooperate with any reasonable requests to assist us in the defense of such matter.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE, AND ANY USER INFORMATION, INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREON OR RELATED THERETO, IS AT YOUR SOLE RISK. THE SITE, INFORMATION, CONTENT, AND MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

RSS Parties ARE NOT LIABLE FOR and do not warrant that a) the Site, Content, or materials, will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site, Content, or materials, are free of viruses or other harmful components; or d) the results of using the Site, Content, or materials, will meet your requirements.

You agree that RSS America, LLC, its successors, subsidiaries, affiliates, licensors, and suppliers are not responsible for or liable for any offensive or illegal conduct, any defamatory information, content, or material found on or associated with the Site. You are solely responsible for all Content, information, or materials you upload to the Site.

User content, information, or other materials, statements, opinions, advice, offers, or other such information made available through the Site, but not directly by us, are those of their respective authors. Such authors are solely responsible for such content, and they should not necessarily be relied on. We do not guarantee the accuracy, completeness, or usefulness of any content, information, or other materials on the Site, and we do not endorse or adopt, nor are we responsible for, the reliability or accuracy of any statement, opinion, or advice made by parties other than RSS Parties. We take no responsibility and assume no liability for any content, information, or other materials that you or any other party posts or sends through the Site. Under no circumstances will RSS Parties be responsible for any loss or damage resulting from anyone’s reliance on information or other content, information, or other materials, on the Site, or transmitted to users.

GOVERNING LAW; ARBITRATION AND DISPUTE RESOLUTION

Those who choose to access or use the Site from locations outside of the United States of America do so on their own initiative and are responsible for compliance with local laws to the extent applicable.

  1. PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT AND YOUR USE OF THE SERVICE TO BINDING ARBITRATION RATHER THAN PROCEED IN COURT. THIS SECTION ALSO INCLUDES A WAIVER OF JURY TRIAL. BY ACCEPTING THIS SECTION YOU AGREE THAT THIS SECTION IS REASONABLY NECESSARY TO PROTECT THE LEGITIMATE BUSINESS INTERESTS OF RSS AMERICA.
  2. Mandatory Informal Dispute Resolution Process. You and RSS America agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, if either you or RSS America wants to bring or resolve a Dispute (as defined below), you or RSS America must follow the mandatory informal dispute resolution process as a precondition to the ability to file an arbitration demand or lawsuit. You understand and agree to the mechanisms for resolving any Dispute between us (the term “Dispute” being given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and RSS America, whether based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and RSS America that arise from or in any way relate to or concern any Content, products or services provided by RSS America, including but not limited to the Services, any other aspect of these Terms of Service (including their applicability and their conformance to applicable law), and any disputes relating to any other communications either of us received from the other.
    1. Notice. You or RSS America must first send to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice also must contain your email address and (if different) the email address associated with your RSS America account. Our Notice must be sent to your email address or other contact information associated with your RSS America account, and you consent to receive any such Notice as part of these dispute resolution terms. You and we must include in any Notice to each other a personally signed statement (from you or us—not from your or our counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing RSS America to disclose your RSS America account details to your attorney while seeking to resolve your claim. We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute. You must send your Notice to RSS America at support@rss.com. FOR THE NOTICE TO BE EFFECTIVE, IT MUST INCLUDE YOUR NAME AND THE NAME, ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS OF YOU AS AN INDIVIDUAL AND (IF APPLICABLE) YOUR ORGANIZATION CLAIMING A DISPUTE, AS WELL AS A CLEAR STATEMENT THAT YOU AND (IF APPLICABLE) YOUR ORGANIZATION ARE INITIATING THE DISPUTE RESOLUTION PROCESS PURSUANT TO THE TERMS OF SERVICE. In the case of a Dispute initiated by you or us, it is the sender’s responsibility to prove that the sender provided the notice in the manner that is required in this paragraph.
    2. Good Faith Effort to Informally Resolve Dispute. After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and RSS America agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and RSS America agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If you and RSS America do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or RSS America may commence a proceeding as noted below.
  3. Arbitration Agreement. Except where prohibited by applicable law, any Dispute arising out of or relating to this Agreement shall be determined by binding arbitration in the State of Delaware before a single arbitrator. The arbitration proceedings and communications shall be conducted and provided in the English language and be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (provided, however, that if both parties affirmatively elect and agree in writing, JAMS’ Streamlined Arbitration Rules & Procedures (https://www.jamsadr.com/rules-streamlined-arbitration/) can be used instead). Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude either party from seeking provisional remedies (including but not limited to preliminary, interim, or injunctive relief) relating to the subject matter of the arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits or as may be necessary in connection with a court application for a preliminary or interim remedy, a judicial challenge to an award or its enforcement or unless otherwise required by law or judicial decision. Each party shall bear its own costs and attorney’s fees, and the prevailing party will be entitled to reasonable attorneys’ fees, costs and necessary expenditures incurred in connection with such arbitration, as determined by the arbitrator, provided it is in an amount in proportion to the prevailing award and not to exceed the proportionate amount prevailed. Without limiting the generality of the foregoing, all costs of the arbitration (including but not limited to the fees and expenses of JAMS) shall be split evenly between the parties. The findings, reasoning and decision of the arbitrator shall be in writing. NOTWITHSTANDING THE ABILITY TO OPT OUT OF THE ARBITRATION REQUIREMENTS PURSUANT TO THIS SECTION, THE PARTIES AGREE THAT, UNLESS PROHIBITED BY APPLICABLE LAW, WHETHER ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT IS IN ARBITRATION OR IN COURT, EACH PARTY WAIVES AND RELINQUISHES ALL RIGHTS TO A JURY TRIAL.
  4. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE TO SUPPORT@RSS.COM WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST “ACCEPT” THE TERMS. FOR THE OPT-OUT TO BE EFFECTIVE, IT MUST INCLUDE YOUR NAME AND THE NAME, ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS OF YOU AS AN INDIVIDUAL AND (IF APPLICABLE) YOUR ORGANIZATION OPTING OUT OF THIS ARBITRATION PROVISION, AS WELL AS A CLEAR STATEMENT THAT YOU AND (IF APPLICABLE) YOUR ORGANIZATION ARE OPTING-OUT OF THE ARBITRATION REQUIREMENT OF THESE TERMS AND CONDITIONS AND THAT YOU DO NOT WISH TO RESOLVE ANY CLAIMS OR DISPUTES WITH RSS AMERICA RELATED TO THE SERVICE THROUGH ARBITRATION. ANY OPT-OUT RECEIVED AFTER THE INITIAL THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID.
  5. YOU AND RSS AMERICA ALSO AGREE TO GIVE UP THE ABILITY TO SEEK TO REPRESENT, IN A CLASS ACTION OR OTHERWISE, ANYONE BUT EACH OF YOU AND RSS AMERICA, INCLUDING IN ARBITRATION AND IN STATE OR FEDERAL COURT. THEREFORE: YOU AND RSS AMERICA MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF. You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in THIS Section.
  6. Related Cases and Mass Filings. If your Notice involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if RSS America asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Filing.” The following procedures will apply to a Mass Filing:
    1. Acknowledgment of Related Cases procedure. If you or RSS America, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Section 21.vi. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the proceedings described in this Section 21.vi.
    2. Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor RSS America will be required to pay any such filing fees. You and RSS America also agree that neither you nor we shall be deemed to be in breach of this Section 21.3 for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
    3. Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Disputes may then be administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation process.
    4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and RSS America agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Disputes, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award. If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply. JAMS’ mass arbitration fee schedule shall apply, as necessary.
    5. Opting Out. If your claim is not resolved as part of the Bellwether Arbitration and Global Mediation process outlined above, the parties shall also have the opportunity to opt out of arbitration and bring the pending Dispute to the state or federal courts located in Delaware, unless mandated by law to be filed in another state or federal court. The parties have 30 days from the date of the failed Global Mediation process to opt out. This shall not provide an opportunity for either party to opt out of arbitration for other claims. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Arbitration Opt Out Notice to RSS America as set forth above in Section 21.iv with a copy to the attorney representing RSS America in the arbitration proceeding. This written notice must be signed by you, even if it is also signed by your attorney. The written notice cannot be signed by an agent or other representative of yours in lieu of your signature. It must include a statement that you wish to opt out of arbitration within 30 days after the conclusion of the Global Mediation process. RSS America may exercise its equivalent opt-out right by sending written notice to you or your attorney, agent, or representative if you are represented.
    6. Enforcement of Subsection. A Court of competent jurisdiction shall have the power to enforce Section 21.vi, including by injunctive, declaratory, or other relief.
  7. If for any reason (including due to your opting out of arbitration, as described above), a Dispute arising out of or relating to this Agreement is not able to be submitted to arbitration under this Section, then the parties agree that the state or federal courts located in the State of Delaware have exclusive jurisdiction over any such Dispute.
  8. These Terms are governed by and will be construed under applicable federal law and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.

ELIGIBILITY

OUR SITE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY REMOVED FROM THE SITE BY US. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Site, you affirm that you either have been authorized to use the Site by your parent or legal guardian who is at least the age of majority in your jurisdiction or that you are at least the age of majority in your jurisdiction.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Such modifications or changed terms or conditions shall be effective immediately. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. IF YOU DO NOT AGREE TO ANY OF THIS AGREEMENT OR ANY CHANGES TO THIS AGREEMENT, DO NOT USE, ACCESS OR CONTINUE TO ACCESS THE SITE OR DISCONTINUE ANY USE OF THE SITE IMMEDIATELY. YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

MISCELLANEOUS

This Agreement, along with our Privacy Policy, constitutes the entire Agreement between RSS America, LLC and you for the subject matter hereof. This Agreement supersedes any prior, contemporaneous, oral or written understandings or agreements between us and you. Any changes to this Agreement must be in a writing signed by an officer of RSS America, LLC. If any portion of this Agreement is found or held to be void, unlawful, or otherwise unenforceable, then the specific portion of the Agreement shall be severable from the remainder of the Agreement without affecting the validity, enforceability, or lawfulness of the remainder of the Agreement. Any failure by us to require performance of any provision of this Agreement will not affect our right to require performance at any time thereafter, nor will a waiver of any default or breach of this Agreement or any provision of this Agreement constitute a waiver of any subsequent default or breach or a waiver of the provision itself. If you choose to provide us with any feedback, ideas, or other commentary, including without limitation by sending RSS America, LLC, or any of our employees or agents, any ideas for services, products, modifications, enhancements, features, content, refinements, technologies, content offerings, strategies, promotions, artwork, code, diagrams, or other materials (collectively, “Feedback”), then without regard to what your accompanying communication may state, you agree that: we have no obligation to consider or implement your Feedback or to return to you any or all parts of any Feedback for any reason; Feedback provided is not confidential and we are under no obligation to keep any Feedback you provide confidential or to refrain from disclosing or using it in any way; and you perpetually and irrevocably grant to RSS America, LLC and our successors and assigns unlimited permission to use the Feedback and any derivatives thereof for any reason and without restriction, free of charge, and without any attribution of any kind, including without limitation by using, offering, promoting, making, selling, offering for sale any products or services that incorporate or embody Feedback, whether in whole or in part and whether or not modified or as provided. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You acknowledge and agree that no partnership, employment, joint venture, or agency relationship exists between you and RSS America, LLC as a result of this Agreement or your use of the Site.

CONTACT US

If you have any comments, complaints, suggestions, or questions about this Agreement or the Site, or would otherwise like to contact us, then please contact us at support@rss.com.