[NOTE -- 2026-06-11: The Founding Member pricing provisions in Section 5 (5.1, 5.3, 5.5, 5.7) were revised in June 2026 to implement the "Founding 25" program and to replace the prior binding lifetime-lock language with goodwill founding pricing changeable on 60-day notice. The same revision resolved four open items: (1) Section 5.1(d) gives an involuntary failed-payment lapse a 14-day cure period so it does not forfeit the founding rate, while a voluntary cancellation does; (2) Section 5.3 sets out the clear-and-conspicuous automatic-renewal disclosure, affirmative-consent mechanism, and an annual pre-renewal email reminder, aligned to ROSCA (15 U.S.C. 8401-8405) and state automatic-renewal laws (e.g., Cal. Bus. & Prof. Code 17600-17606); (3) Section 5.5 keeps annual charges non-refundable with access to period end, adds an applicable-law / state-ARL carve-out, and adds a 30-day good-faith renewal-charge refund safe harbor; and (4) the Master Services Agreement Founding Member and refund provisions were conformed to match. These provisions have been reviewed and blessed by the engaged licensed attorney and are final and effective as of the date below. This document is the live, effective Terms of Service. Because Rhody Reviews sells nationally, the engaged attorney's standing guidance is that any future expansion of state-specific automatic-renewal mechanics be run past counsel before going live; the provisions as written are cleared for the current $49/$99 self-service product.]
1.1 These Terms of Service (the "Terms") form a binding agreement between Own The Box Marketing LLC, a Rhode Island limited liability company with its principal place of business at 29 Hunters Ct, Saunderstown, RI 02874 (operating the Rhody Reviews product, referred to as "Rhody Reviews"), and the business entity that creates an account or subscribes to the Rhody Reviews service (the "Customer," "you," or "your").
1.2 By creating an account, by clicking a box indicating acceptance, by completing checkout through Stripe for any Rhody Reviews subscription, or by accessing or using the Rhody Reviews service, the Customer accepts these Terms and represents that the individual accepting these Terms has the authority to bind the Customer entity.
1.3 If the Customer does not accept these Terms, the Customer must not access or use the Rhody Reviews service.
2.1 The Rhody Reviews service is offered exclusively to small business entities organized and operating in the United States.
2.2 The individual accepting these Terms on behalf of the Customer must be at least eighteen (18) years of age.
2.3 Healthcare exclusion. The Rhody Reviews service is not available to, and may not be used by, any healthcare provider or healthcare-adjacent business, including but not limited to medical practices, hospitals, urgent-care clinics, primary-care offices, specialty-care offices, dental and orthodontic practices, mental health and behavioral health providers, substance use treatment providers, chiropractic practices, physical therapy and rehabilitation practices, veterinary and animal hospitals, optometry and ophthalmology practices, audiology practices, cosmetic and aesthetic medical practices (including medical spas, dermatology, and plastic surgery), home health agencies, hospice providers, durable medical equipment suppliers, pharmacies, laboratories, diagnostic imaging providers, and any other entity that is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), a business associate under HIPAA, or otherwise subject to HIPAA, 42 CFR Part 2, state health-privacy laws (including the Washington My Health My Data Act, the Nevada SB 370 health-data law, the Connecticut Data Privacy Act health provisions, and any analog), or any other law that imposes heightened protection on health, mental health, or treatment information. The Rhody Reviews service does not maintain HIPAA-compliant infrastructure, does not enter into Business Associate Agreements, and is not designed to process protected health information. By accepting these Terms, the Customer represents and warrants that the Customer is not such an entity and will not use the service in a manner that causes Rhody Reviews to receive, store, or process protected health information. The Customer's breach of this representation is a material breach of these Terms and entitles Rhody Reviews to suspend or terminate the account immediately.
2.4 The Rhody Reviews service is not available to, and may not be used by, any business engaged in industries restricted by Twilio's 10DLC Acceptable Use Policy or by Stripe's prohibited businesses list, including but not limited to adult content, illegal substances, multi-level marketing schemes, gambling not licensed in the Customer's jurisdiction, and high-risk financial services.
3.1 The Customer is responsible for maintaining the confidentiality of the Customer's account credentials and is responsible for all activities that occur under the Customer's account.
3.2 The Customer is responsible for ensuring that the OAuth authorizations the Customer grants to Rhody Reviews (including Google Business Profile authorization) are current, accurate, and authorized by the underlying account owner.
3.3 The Customer agrees to notify Rhody Reviews promptly at [email protected] of any unauthorized use of the Customer's account or any other security breach known to the Customer.
3.4 The Customer is responsible for ensuring that personnel acting under the Customer's account are authorized to do so and that those personnel comply with these Terms.
4.1 The Rhody Reviews service is a software-as-a-service product that enables small businesses to (a) send automated review-request messages to past customers by SMS and email, (b) monitor public reviews of the business on Google, Yelp, and Facebook, (c) receive artificial-intelligence-generated suggested replies to public reviews for human review and approval, (d) view analytics about review activity, and (e) on the Pro tier, monitor multiple locations, receive a white-labeled customer portal, use available integrations, monitor competitors' review activity, monitor Google Business Profile questions, run A/B tests on request templates, and access the included Buffer Starter scheduling perk.
4.2 The Rhody Reviews service does not (a) post any reply to a public review automatically, without explicit human approval by the Customer, regardless of mode; (b) gate, filter, route, or solicit reviews based on a predicted or expressed sentiment score; (c) generate or post fake or fabricated reviews; (d) contact end customers other than those the Customer affirmatively uploads to the platform and represents are appropriate to contact under the standards in Section 6.
4.3 Rhody Reviews may add, modify, or discontinue features of the service from time to time. Material reductions to the feature set on the Customer's subscribed tier will be communicated at least thirty (30) days in advance.
5.1 Pricing tiers. As of the effective date of these Terms, Rhody Reviews is offered in the following subscription tiers:
(a) Starter -- forty-nine United States dollars ($49) per calendar month, billed monthly, or four hundred seventy United States dollars ($470) per year, billed annually in advance (a savings equivalent to two months). (b) Pro -- ninety-nine United States dollars ($99) per calendar month, billed monthly, or nine hundred fifty United States dollars ($950) per year, billed annually in advance (a savings equivalent to two months), which in each case includes service for one business location. Additional locations are billed at twenty-five United States dollars ($25) per additional location per calendar month, with no maximum. (c) Billing is available monthly or annually, at the Customer's election at checkout.
(d) Founding Member program ("Founding 25"). Rhody Reviews may offer a limited Founding Member program to early Customers. The Founding Member rate is forty-nine United States dollars ($49) per month for the Starter tier and ninety-nine United States dollars ($99) per month for the Pro tier (one location included). The founding-member window opens at launch and closes automatically on the earlier of (i) the date on which the first twenty-five (25) paying Customers have subscribed or (ii) ninety (90) days after launch. A Customer who subscribes within that window and whose subscription remains continuously active receives the Founding Member rate as described in Section 5.3, subject to the price-change notice provisions of Section 5.7. For purposes of Sections 5.1, 5.3, and 5.7, a subscription "remains continuously active" so long as the Customer has not voluntarily cancelled it and any failed payment is cured within the cure period described in this Section 5.1(d). A voluntary cancellation by the Customer, or a downgrade from Pro to Starter, ends Founding Member status; upon either of those events the Customer's pricing reverts to the then-current standard published rate for the applicable tier, on the notice described in Section 5.7. An involuntary lapse caused solely by a failed or declined payment does not, by itself, forfeit Founding Member status if the Customer cures the failed payment within fourteen (14) days after Rhody Reviews first notifies the Customer of the failed payment (the "cure period"). During the cure period Rhody Reviews will attempt to re-charge the payment method on file and will notify the Customer of the failure; if the Customer updates a valid payment method and the charge succeeds within the cure period, Founding Member status continues uninterrupted at the Founding Member rate. Only if the Customer fails to cure within the cure period does the subscription cease to be continuously active for purposes of this Section, and pricing reverts to the then-current standard published rate on the notice described in Section 5.7. The Founding Member rate is a goodwill commitment offered while the Customer remains subscribed; it is not an irrevocable or lifetime price guarantee, and Rhody Reviews may change it as provided in Section 5.7.
5.2 Free trial. New Customers may begin a free trial of fourteen (14) days. A credit card is not required to begin the trial. To continue the service beyond the trial period, the Customer must complete Stripe Checkout and authorize the recurring subscription charge.
5.3 Auto-renewal; automatic-renewal disclosure and consent. Paid subscriptions are automatic-renewal subscriptions. They automatically renew at the end of each billing period (monthly or annual, as elected by the Customer) at the published price applicable to the Customer's tier and billing period, charged to the payment method on file, until the Customer cancels.
(a) Clear-and-conspicuous disclosure. Before the Customer is charged, Rhody Reviews presents the following automatic-renewal terms clearly and conspicuously, in visual proximity to the consent mechanism, at Stripe Checkout: (i) that the subscription continues and renews automatically until the Customer cancels; (ii) the recurring charge amount and the billing interval (monthly, or every twelve (12) months for an annual subscription); (iii) for an annual subscription, that the full annual amount is charged in advance at checkout (for example, $470 for the Starter tier or $950 for the Pro tier) and again every twelve (12) months at the then-applicable annual price; (iv) that the Customer may cancel at any time, and how to cancel (through the Customer dashboard or by contacting [email protected]); and (v) a link to these Terms. This disclosure is made to comply with the Restore Online Shoppers' Confidence Act, 15 U.S.C. Sections 8401-8405 (in particular 15 U.S.C. Section 8403), the Federal Trade Commission's negative-option requirements, and state automatic-renewal laws including the California Automatic Renewal Law, California Business and Professions Code Sections 17600-17606.
(b) Affirmative consent. The Customer must affirmatively consent to the automatic-renewal terms before any charge is made, by an action that consents specifically to those terms (such as checking an unchecked consent box or clicking a clearly labeled "Subscribe and agree to recurring billing" control at checkout). Rhody Reviews does not pre-check the consent control and does not treat mere use of the service as consent to recurring billing.
(c) Annual pre-renewal reminder. For any annual subscription, Rhody Reviews sends the Customer a renewal reminder by email at least fifteen (15) and not more than forty-five (45) days before each annual renewal date. The reminder states that the subscription will automatically renew, the renewal date, the amount that will be charged, and how to cancel. Rhody Reviews sends this reminder as a national practice and to satisfy the pre-renewal-notice requirements of state automatic-renewal laws that apply to subscriptions with a term of one year or longer (including, for example, California Business and Professions Code Section 17602(b) and New York General Business Law Section 527-a).
(d) Acknowledgement of charge and cancellation instructions. After each charge, Rhody Reviews makes available to the Customer an acknowledgement of the automatic-renewal terms, the amount charged, and cancellation instructions, in a manner the Customer can retain.
(e) Founding Member renewals. A Customer enrolled in the Founding Member program under Section 5.1(d) continues to renew at the Founding Member rate while the subscription remains continuously active, except that Rhody Reviews may change that rate on the advance notice described in Section 5.7. The Founding Member rate is a goodwill commitment and is not an irrevocable or lifetime price guarantee.
5.4 Cancellation. The Customer may cancel the subscription at any time through the Customer dashboard or by contacting [email protected]. Cancellation takes effect at the end of the then-current billing period; the service remains available until the end of that period.
5.5 Refunds. Subscription charges, whether billed monthly or annually, are non-refundable, except as set forth in this Section 5.5 or where a refund is required by applicable law. A Customer who cancels an annual subscription is not charged again at the next renewal but retains access to the service through the end of the prepaid annual period; Rhody Reviews does not refund the unused portion of a prepaid annual period on a voluntary cancellation.
(a) Applicable-law carve-out. Nothing in this Section limits any non-waivable refund or cancellation right the Customer has under an applicable state automatic-renewal law. In particular, where a state automatic-renewal law requires a refund because the automatic-renewal terms were not disclosed clearly and conspicuously or the Customer's affirmative consent was not obtained (for example, California Business and Professions Code Section 17603, under which goods or services provided without compliant disclosure and consent may be deemed an unconditional gift), Rhody Reviews will honor that right.
(b) Good-faith renewal-charge safe harbor. As a national practice and regardless of whether a refund is legally required, if a Customer notifies Rhody Reviews at [email protected] within thirty (30) days after an automatic annual renewal charge that the Customer did not intend to renew and has not made material use of the service during that renewal period, Rhody Reviews will, at its discretion, cancel the renewal and refund the renewal charge. This safe harbor applies once per Customer per renewal and does not apply to the initial purchase or to monthly charges.
5.6 Taxes. Stated prices are exclusive of any applicable sales, use, value-added, or similar taxes, which the Customer is responsible for paying.
5.7 Price changes. Rhody Reviews may modify subscription prices with at least thirty (30) days' prior notice. Price changes take effect on the next renewal date following the notice period. Founding Member rates under Section 5.1(d) are an exception to any automatic reversion to standard pricing: a Founding Member's rate does not change automatically while the subscription remains continuously active. Rhody Reviews may, however, change a Founding Member's rate by giving that Customer at least sixty (60) days' advance notice, after which the changed rate takes effect on the next renewal date following the notice period. The Founding Member rate is a goodwill commitment offered while the Customer remains subscribed; it is not an irrevocable or lifetime price lock.
5.8 Payment processing. Payments are processed by Stripe, Inc. The Customer's relationship with Stripe is governed by Stripe's terms of service. Rhody Reviews does not store full payment-card numbers.
6.1 The Customer agrees not to use the Rhody Reviews service to:
(a) gate, filter, route, or selectively solicit public reviews based on predicted or expressed customer sentiment, score, or any similar mechanism, in violation of the Federal Trade Commission's Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465); (b) post or solicit reviews that are fake, fabricated, paid-for in exchange for a positive rating, or otherwise not from a bona fide customer of the Customer's business; (c) post artificial-intelligence-generated replies to public reviews without the Customer's own human review and approval of the content of the reply; (d) send SMS or email messages to recipients with whom the Customer does not have a prior, established business relationship sufficient to support a presumption of consent under the Telephone Consumer Protection Act (47 U.S.C. Section 227) and the CAN-SPAM Act (15 U.S.C. Section 7701 et seq.); (e) harass, threaten, defame, or retaliate against any reviewer or end customer; (f) impersonate any other business or individual; (g) interfere with the integrity, security, or performance of the Rhody Reviews service or any related infrastructure; (h) reverse engineer, decompile, or attempt to extract source code from the Rhody Reviews service, except where such restriction is prohibited by applicable law; (i) resell, sublicense, or provide the Rhody Reviews service to a third party, except where the Customer is an authorized reseller under a separate written agreement with Rhody Reviews; (j) violate any applicable law, regulation, or third-party right in connection with the use of the service.
6.2 Rhody Reviews reserves the right to suspend or terminate any Customer account that, in Rhody Reviews's reasonable judgment, has violated Section 6.1, with or without prior notice depending on the severity of the violation.
7.1 The Customer retains all rights in the data, contact records, business information, reply text, and other content the Customer uploads, generates, or submits to the Rhody Reviews service ("Customer Content").
7.2 The Customer grants Rhody Reviews a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and use Customer Content solely as reasonably necessary to provide, secure, support, and improve the service and to comply with applicable law.
7.3 Contact list warranty. By uploading or providing any contact record to the Rhody Reviews service, the Customer represents and warrants that, for each individual contact:
(a) the contact is a past customer of the Customer's business with whom the Customer has an established business relationship within the meaning of the Telephone Consumer Protection Act and the CAN-SPAM Act, or the contact has otherwise provided prior express consent sufficient to receive review-request communications from the Customer through a service provider; (b) the Customer has not been notified that the contact has revoked consent or requested to be removed from communications; (c) the contact information is accurate and current to the best of the Customer's knowledge; (d) the contact does not appear on any internal do-not-contact list maintained by the Customer.
7.4 The Customer remains the entity responsible under the Telephone Consumer Protection Act, the CAN-SPAM Act, and applicable state law for the lawfulness of contacting each individual on the Customer's list. Rhody Reviews provides infrastructure (including STOP and HELP keyword handling, opt-out propagation, sending-window restrictions, and audit logging) intended to support the Customer's compliance posture but does not warrant the lawfulness of the Customer's contact list.
8.1 The Rhody Reviews service uses artificial intelligence (currently Anthropic's Claude family of models) to generate suggested reply drafts to public reviews and suggested answers to public questions.
8.2 All artificial-intelligence-generated content is provided as a draft suggestion only. The Customer is solely responsible for reviewing, editing, approving, or rejecting each draft before any content is posted publicly. Rhody Reviews does not auto-post any artificial-intelligence-generated content under any circumstances.
8.3 Artificial-intelligence-generated content may contain errors, omissions, or content that is unsuitable for the Customer's intended use. The Customer agrees not to rely on artificial-intelligence-generated content without independent human review.
8.4 The Customer is responsible for the final published content of any reply or other communication the Customer approves through the Rhody Reviews service.
9.1 Rhody Reviews retains all right, title, and interest in the Rhody Reviews service, the underlying software, the Rhody Reviews brand, the Rhody Reviews documentation, and any improvements, derivative works, or feedback contributed by the Customer.
9.2 The Customer retains all right, title, and interest in Customer Content, subject only to the license granted in Section 7.2.
9.3 Feedback. If the Customer submits suggestions, ideas, or feedback about the service, the Customer grants Rhody Reviews a perpetual, worldwide, royalty-free license to use such feedback without restriction or compensation.
10.1 Each party agrees to protect the confidential information of the other party with the same degree of care it uses to protect its own confidential information of similar sensitivity, and in no event with less than reasonable care.
10.2 Confidential information does not include information that is or becomes publicly known through no fault of the receiving party, was rightfully known to the receiving party without restriction prior to disclosure, is rightfully received from a third party without confidentiality obligations, or is independently developed without reference to the disclosing party's confidential information.
11.1 Mutual warranties. Each party warrants that it has the legal authority to enter into these Terms.
11.2 Customer warranties. The Customer warrants (a) that it has the right to upload and process the Customer Content it provides to Rhody Reviews, (b) that its use of the service will comply with all applicable laws, and (c) the contact-list warranties in Section 7.3.
11.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE RHODY REVIEWS SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND RHODY REVIEWS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. RHODY REVIEWS DOES NOT WARRANT ANY SPECIFIC OUTCOME, INCLUDING THE NUMBER, RATING, OR QUALITY OF REVIEWS THE CUSTOMER MAY RECEIVE.
12.1 EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS IN SECTION 13, A PARTY'S BREACH OF SECTION 10 (CONFIDENTIALITY), THE CUSTOMER'S OBLIGATION TO PAY FEES, OR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 EXCEPT AS PROVIDED IN SECTIONS 12.1 AND 12.4, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY THE CUSTOMER TO RHODY REVIEWS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 The limitations in this Section 12 apply to the maximum extent permitted by applicable law and survive termination of these Terms.
12.4 TCPA, CAN-SPAM, and FTC-rule carve-out. The Parties acknowledge that statutory damages under the Telephone Consumer Protection Act (47 U.S.C. Section 227), the CAN-SPAM Act (15 U.S.C. Section 7701 et seq.), the Federal Trade Commission's Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465), and state analogs (collectively, the "Messaging and Reviews Laws") can substantially exceed twelve (12) months of Subscription Fees. Accordingly:
(a) The Customer's indemnification obligation under Section 13.1 with respect to claims under the Messaging and Reviews Laws arising from (i) the Customer's contact list, (ii) the Customer's representations of consent or established business relationship, (iii) the Customer's configuration or use of the Service, or (iv) the Customer's content, is uncapped, is the Customer's primary liability for such claims, and is not subject to the limitations in Sections 12.1 or 12.2.
(b) Rhody Reviews's aggregate liability for claims under the Messaging and Reviews Laws, to the extent any such claim is not fully indemnified by the Customer under Section 13.1, will be capped at the greater of (i) one million United States dollars ($1,000,000) or (ii) the total fees paid or payable by the Customer to Rhody Reviews in the thirty-six (36) months immediately preceding the event giving rise to the claim. This super-cap exists because the standard twelve-month-fees cap in Section 12.2 is not commensurate with the statutory-damages exposure under the Messaging and Reviews Laws, and the Parties have allocated the residual risk through the Customer's primary indemnity in Section 13.1, supported by Rhody Reviews's insurance covenant in any Master Services Agreement and Rhody Reviews's operational controls described in the TCPA / 10DLC SMS Consent Package.
(c) The Parties intend that the structure in this Section 12.4 places primary responsibility for compliance with the Messaging and Reviews Laws on the Customer, who controls the underlying customer relationship, the consent record, and the contact list, while preserving Rhody Reviews's reasonable-reliance defense as the platform that relies on the Customer's representations. The structure is intended to be enforceable in part if not in whole; if any portion of this Section 12.4 is held unenforceable, the remaining portions remain in effect and the cap in Section 12.2 will not be used to backfill the unenforceable portion in a manner that defeats the Parties' express allocation of risk.
13.1 Customer indemnification. The Customer will defend, indemnify, and hold harmless Rhody Reviews, Own The Box Marketing LLC, and their respective members, officers, employees, and agents from and against any third-party claim, demand, or proceeding, and any resulting losses, damages, liabilities, settlements, and reasonable attorneys' fees, arising out of or relating to (a) the Customer Content, (b) the Customer's use of the service in violation of Section 6, (c) the Customer's breach of the contact-list warranties in Section 7.3, (d) any claim by a recipient under the Telephone Consumer Protection Act, the CAN-SPAM Act, the FTC's Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, or any state analog, arising from the Customer's use of the service, or (e) the Customer's breach of these Terms.
13.2 Rhody Reviews indemnification. Rhody Reviews will defend, indemnify, and hold harmless the Customer from and against any third-party claim alleging that the Rhody Reviews service, as provided by Rhody Reviews and used in accordance with these Terms, directly infringes a United States patent, copyright, or trademark. Rhody Reviews's obligation does not apply to claims arising from (a) Customer Content, (b) the Customer's combination of the service with any non-Rhody-Rep product or service, or (c) the Customer's use of the service in violation of these Terms.
13.3 Procedure. The indemnified party must (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defense and settlement, provided that no settlement may be made without the indemnified party's consent if it admits fault or imposes a non-monetary obligation, and (c) cooperate reasonably at the indemnifying party's expense.
14.1 These Terms commence on the date the Customer first accepts them and continue until terminated as set forth herein.
14.2 The Customer may terminate the service at any time by canceling the subscription as described in Section 5.4.
14.3 Rhody Reviews may suspend or terminate the service immediately for the Customer's material breach of these Terms, including any violation of Section 6 (Acceptable Use), non-payment of fees after thirty (30) days past due, or any conduct that exposes Rhody Reviews, other Customers, or third parties to risk of legal liability or service disruption.
14.4 Rhody Reviews may terminate the service on thirty (30) days' written notice for any reason or no reason, with a pro-rated refund of any pre-paid fees for the unused portion of the subscription term.
14.5 Effect of termination. Upon termination, the Customer's access to the service ends. The Customer may export Customer Content for up to ninety (90) days after termination. The audit log will be retained as required by Section 6.2 of the Privacy Policy. Sections that by their nature should survive termination (including Sections 7.4, 9, 10, 11.3, 12, 13, 15, and 16) survive.
15.1 Informal resolution. Before initiating any formal proceeding, the parties agree to attempt to resolve any dispute by good-faith negotiation for at least thirty (30) days following written notice from one party to the other.
15.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Rhody Reviews service that is not resolved through informal negotiation will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, with the seat of arbitration in Providence, Rhode Island. Judgment on the award may be entered in any court of competent jurisdiction.
15.3 Class action waiver. To the maximum extent permitted by applicable law, the parties waive any right to participate in a class action, collective action, or representative proceeding against the other party. If the class action waiver is held unenforceable, the entirety of Section 15.2 is null and void as to the affected claim only.
15.4 Small claims carve-out. Notwithstanding Section 15.2, either party may bring an individual action in small claims court in Washington County, Rhode Island, for any claim within that court's jurisdiction.
15.5 Injunctive relief carve-out. Notwithstanding Section 15.2, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement or misappropriation of intellectual property or breach of confidentiality.
15.6 Governing law. These Terms are governed by the laws of the State of Rhode Island, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16.1 Modifications. Rhody Reviews may modify these Terms from time to time. Material modifications take effect thirty (30) days after notice to the Customer by email or through the dashboard. Continued use of the service after the effective date of a modification constitutes acceptance.
16.2 Notices. Notices to the Customer may be sent to the email address on the Customer's account. Notices to Rhody Reviews must be sent to:
Own The Box Marketing LLC Attn: Legal Notices -- Rhody Reviews 29 Hunters Ct Saunderstown, RI 02874 [email protected]
16.3 Assignment. The Customer may not assign these Terms without Rhody Reviews's prior written consent. Rhody Reviews may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
16.4 Force majeure. Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disturbances, governmental action, internet or telecommunications outages, or third-party service provider failures.
16.5 Independent contractors. The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.
16.6 No third-party beneficiaries. These Terms do not create any rights in favor of any third party.
16.7 Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.
16.8 Waiver. A party's failure to enforce a provision of these Terms is not a waiver of that provision or of any other provision.
16.9 Entire agreement. These Terms, together with the Privacy Policy and any Master Services Agreement signed by the parties, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous understandings, written or oral. In the event of a conflict between these Terms and a signed Master Services Agreement, the Master Services Agreement controls as to the conflicting term.
End of Terms of Service.
Version 1.1 / Effective June 11, 2026 / Own The Box Marketing LLC.