Service Provider: RallyNow LLC through www.rallynow.com (“Provider”).
Users: Any person or organization using Provider’s services as defined in this Agreement, including but not limited to registered users who have established accounts with Provider (hereafter “User(s)”, “you”, or “your”).
ACCEPTANCE OF TERMS
MODIFICATIONS TO THIS TOU
Provider reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this TOU on a regular basis to keep yourself apprised of any changes. You can always find the most recent version of the TOU at the Provider website.
An account (“Account”) is required for all Users of the Service, except for those portions to which Provider may allow access without an Account. You agree to provide accurate and complete information about yourself and promptly update your information upon any changes. Provider reserves all rights to pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Provider cannot guarantee the accuracy of any information submitted by any User of the Service, nor any identity information about any User.
You must be at least 13 years of age to use the Service. Provider cannot ensure that other Users will not provide Content or access to Content that parents or guardians may find inappropriate or that any User may find objectionable. You may learn more about protecting children’s privacy online by visiting www.ftc.gov.
To activate your Account, you must select a User name which will be used to identify you within the Service (“User Name”). You are fully responsible for all activities conducted through your Account or under your User Name. You must also select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or User Name. Your disclosure of your password to any other person is entirely at your own risk.
Any data, account history and account names residing on Provider’s Servers may be deleted, altered, moved, or transferred at any time for any reason in Provider’s sole discretion.
You acknowledge that, notwithstanding any copyright or other rights you may have with respect to items you may create using the Service, and notwithstanding any value attributed to such content or other data by you or any third party, Provider does not provide or guarantee, and expressly disclaims (subject to underlying intellectual property rights in the content), any value, cash or otherwise, attributed to any data residing on Provider’s servers.
You understand and agree that Provider has the right, but not the obligation, to remove any content (including your content), in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Provider does not control, and is not responsible for Content made available through the Service and that by using the Service, you may be exposed to Content that may be inaccurate, misleading, or otherwise objectionable. Furthermore, the Provider site and Content available through the Service may contain links to other websites that are completely independent of Provider. Provider makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Provider be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Provider does not pre-screen or approve Content but that Provider shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for violating the letter or spirit of the TOU or for any other reason.
You agree that you do not own the account you use to access the Service, nor do you own any data Provider stores on Provider’s servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Provider.
THIRD PARTY CONTENT, SITES, AND SERVICES
The Provider site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Provider, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Provider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that Provider is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Provider, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Provider’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”) at firstname.lastname@example.org
Attn: Copyright Agent
720 N. 10th St.
Renton, WA 98057-5525
Please provide the Agent with the following Notice:
Identify the material on the Provider site that you claim is infringing, with enough detail so that it may be located on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
Provider will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is sexually explicit or pornographic;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including but not limited to a Provider employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);
that includes personal or identifying information about another person without that person’s explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if posted in areas of the Service which are not designated for such purposes or emailed to Provider Users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
that includes links to commercial services or web sites, except as specifically allowed within the site;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other Users’ ability to use the Service;
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
Additionally, you agree not to:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
“stalk” or otherwise harass anyone;
collect personal data about other Users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service unless expressly permitted in writing by Provider;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to Provider’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Provider website;
use any form of automated device or computer program that enables the submission of postings on Provider without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
use any form of automated device or computer program (“flagging tool”) that enables the use of Provider’ “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU; or
permit the use of the Service by unauthorized persons.
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Provider’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Provider. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Provider.
NO SPAM POLICY
Sending unsolicited email advertisements to Provider email addresses or through Provider computer systems is expressly prohibited by this TOU and constitutes a violation of this TOU. As Provider’s servers are located in Washington State, sending unsolicited email advertisements to Provider email addresses or through Provider computer systems is a violation of the Revised Code of Washington Chapter 19.190, as well as a violation of other federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE
You acknowledge that Provider may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Provider has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Provider reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
Provider grants you a limited, revocable, nonexclusive license to access the Service for your own use while you are in full compliance with the TOU. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Provider.
Use of the Service beyond the scope of authorized access granted to you by Provider immediately terminates said license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Provider.
TERMINATION OF SERVICE
You may terminate your account and use of the Service at any time. Provider, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Provider believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Provider shall not be liable to you or any third party for any termination of your access to the Service.
You are not permitted to use any marks which are proprietary to Provider, including, but not limited to, the mark "RallyNow” or “rallynow.com” except as explicitly authorized by Provider.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Provider. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Provider, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Provider does not claim ownership of content that its Users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Provider an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Provider all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
DISCLAIMER OF WARRANTIES
The Service is provided “as is” and “as available.” Provider makes no representation or warranty of any kind whatsoever that the information provided through the Service, or other content or websites that may be accessible directly or indirectly through the Service, will be free from error, omission, interruption, defect, of delay in operation. Your use of Provider site and content is at your own risk. Provider does not guarantee that the functions of this site will be error-free or uninterrupted, or that this site and server will be absolutely virus-free. Your use of this site involves transmission of data over facilities which are not within the control of Provider, its content providers and advertisers. Therefore, Provider assumes no liability for delay, corruption of data, interruption of service, or interception of data transmissions outside of its direct control. Provider disclaims any and all such representations and warranties to the maximum extent permitted by law.
Without limiting the generality of the foregoing, Provider disclaims to the maximum extent permitted by law any and all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors or omissions in the service, or any part thereof, (iv) warranties relating to the transmission or delivery of the service, (v) warranties relating to the accuracy, reliability, correctness or completeness of data, and (vi) warranties otherwise relating to performance, nonperformance, or other acts or omissions by Provider or any third party. Further, there is no warranty that the service or products will meet your needs or requirements or the needs or requirements of any other person. Provider MAKES no representations or warranties as to: (1) the accuracy, completeness, reliability, currentness or timeliness of the content, textual material, graphics, links, or data transmission capabilities provided by the service; and (2) compliance with or satisfaction of any governmental regulations requiring disclosure of information concerning products or services offered by content providers or product suppliers or on THE Provider website.
the editors and content providers of this site have consulted sources
believed to be reliable and accurate in assembling the content of
this site, information provided may not be error-free.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify, defend, and hold harmless Provider, its members, officers, directors, employees, agents, licensors, principals, consultants, information-providers, subsidiaries, affiliates, co-branders or other partners and suppliers from and against all liabilities, claims, actions, demands, losses, expenses, damages and costs, including reasonable attorneys' fees and accounting fees, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site.
Governing Law and Venue.
This TOU and the relationship between you and Provider shall be governed in all respects by the laws of the State of Washington without regard to conflict of law principles and venue shall be in King County, Washington. Notwithstanding this, you agree that Provider shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
You agree to submit any disputes, controversies or claims arising out of this TOU or your use of the Service to binding arbitration. The party requesting arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to costs, expenses and reasonable attorneys' fees, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Provider’s failure to act with respect to a breach by you or others does not waive Provider’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Provider under this TOU shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Provider.
All or any of Provider’s rights and obligations under this TOU may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of Provider’s assets. You may not assign or transfer this TOU or any or all of your rights hereunder without the prior written consent of Provider, and any attempt to do so is void. Notwithstanding anything else in this TOU, no default, delay or failure to perform on the part of Provider shall be considered a breach of this TOU if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Provider.
This TOU sets forth the entire understanding and agreement between you and Provider with respect to the subject matter hereof.
The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this TOU.
If any provision of this TOU shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
Provider may give notice to you by means of a general notice on its website at www.rallynow.com when you log in to your Account, by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this TOU shall be mailed or faxed to:
Attn: Copyright Agent
720 N. 10th St.
Renton, WA 98057-5525
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU using reporting methods set forth on the Provider website such as by flagging a posting for review, or by emailing Provider at email@example.com.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Provider to pursue legal action to enforce the TOU, you will be liable to pay Provider the following amounts as liquidated damages, which you accept as reasonable estimates of Provider’s damages for the specified breaches of the TOU:
If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Provider one thousand dollars ($1,000) for each such message.
If you send unsolicited email advertisements or post unsolicited advertisements to Provider email addresses or through Provider computer systems, you agree to pay Provider twenty five dollars ($25) for each such message.
If you post Content in violation of the TOU, other than as described above, you agree to pay Provider one hundred dollars ($100) for each Item of Content posted.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages, you agree to pay Provider one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Provider an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except your own Content) in violation of these Terms without Provider’s express written permission, you agree to pay Provider three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Provider’s actual damages, to the extent such actual damages can be reasonably calculated. In its sole discretion, Provider may elect to issue a warning before assessing damages.
Notwithstanding any other provision of the TOU, Provider retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.