Terms of Service
Date of Last Revision: October 31, 2017
PLEASE READ THIS TERMS OF SERVICE ("TERMS OF SERVICE") CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, MOBILE APPLICATIONS, THE SUBSCRIPTION SERVICES, OR OTHER SERVICES WE PROVIDE, OR CLICKING THAT YOU AGREE WHEN PROMPTED BY RYLO, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES AND YOU MUST IMMEDIATELY UNINSTALL ALL RYLO SOFTWARE.
The Terms of Service constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Rylo Inc. and its affiliated companies (collectively known as "Rylo" or "we" or "us" or "our"), concerning your access to and use of the www.rylo.com website ("Website"), Rylo subscription services ("Subscription Services"), the Rylo iOS and Android mobile applications ("App") and the software contained in or provided with Rylo hardware products (collectively known as the "Services").
PLEASE NOTE THAT THIS TERMS OF SERVICE CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.
The Services include the following functionalities:
- The Subscription Services ("Subscription Services") provide an online platform for users to upload, store, view, and share their videos ("Videos") or photographs ("Photos") using the Services.
- The Website allows a user to view information on our product and Services, purchase our camera, and sign up for and access the Subscription Services.
- The App provides the ability to view, save, edit, store, and share Videos and Photos captured by the user with the Services.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into this Terms of Service by reference. In the event any supplemental terms conflict with the terms of this Terms of Service, the supplemental terms shall control to the extent of such conflict.
Rylo makes no representation that the Services are appropriate or available in locations other than where they are operated by Rylo. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Rylo to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by this Terms of Service.
Purchases & Payment
Rylo bills you through an online billing account for purchases of products and/or services. You agree to pay Rylo all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Rylo to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Rylo reserves the right to correct any errors or mistakes in pricing even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Rylo. Rylo may change prices at any time. All payments shall be in U.S. dollars.
Please review our Return Policy posted on our Website prior to making any purchases.
Regarding Your Registration
By using the Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; and
E. your use of the Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rylo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rylo has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that is not closely related to a user's actual name.
Regarding Content You Provide
The Services may provide you with the opportunity to chat or participate in blogs, message boards, online forums and other functionality and to create, submit, post, store, display, transmit, perform, publish, distribute or broadcast content and materials to Rylo and/or to or via the Services, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Unless otherwise agreed in writing, Rylo does not claim any ownership rights in your Contributions and nothing in this Terms of Service will be deemed to restrict any rights that you may have to use and exploit your Contributions. Any Contributions you transmit to Rylo will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Rylo and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Terms of Service;
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Rylo), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of the Terms of Service or any applicable law or regulation.
By posting, uploading, submitting, displaying, storing, transmitting, performing, publishing, distributing or broadcasting Contributions to or via the Website or Services, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Rylo an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, store, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Rylo does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Terms of Service, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
Rylo has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that Rylo determines are inappropriate or otherwise in violation of this Terms of Service.
You hereby authorize Rylo to grant to each end user with whom you share or transmit Contributions a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their personal, internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
Guidelines for reviews
Rylo may accept, reject or remove reviews posted or submitted to or via the Website or Services ("Reviews") in its sole discretion. Rylo has absolutely no obligation to screen Reviews or to delete Reviews, even if objectionable or inaccurate. You shall comply with the following criteria when posting or submitting a Review: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) Reviews must not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative Reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post Reviews, whether positive or negative. Reviews are not endorsed by Rylo, and do not represent the views of Rylo or of any affiliate or partner of Rylo. Rylo does not assume liability for any Review or for any claims, liabilities or losses resulting from any Review. By posting or submitting a Review, the reviewer hereby grants to Rylo a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Rylo to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to such Reviews.
Subject to the terms and conditions set forth herein, Rylo hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the particular Services for which you have paid or are otherwise eligible, solely in accordance with this Terms of Service. You acknowledge that as between the parties, Rylo exclusively owns all right, title and interest in and to the Services and all related documentation, including all intellectual property rights therein, and you hereby assign to Rylo all right, title and interest that you acquire in and to the Services. Rylo reserves all rights in and to the Services not expressly granted herein. If you are accessing the Services via the App, then Rylo grants you a revocable, non-exclusive, non-transferable, limited right to install and execute the App on wireless handsets owned or controlled by you. You shall use the Services strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any software contained in or provided with the Services (collectively, "Software"); (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Services; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Rylo or its affiliates, partners, suppliers or the licensors of the Services; (e) use the Services for any purpose for which they were not designed or intended; (f) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (h) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Rylo or other intellectual property of Rylo in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Services.
All content on the Website, the App or provided through the Services ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Rylo, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Rylo graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Rylo in the United States and/or other countries. Rylo’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Rylo.
Company Content is provided to you "AS IS" and, except as expressly set forth herein, may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Rylo reserves all rights not expressly granted to you in and to the Company Content and Marks.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Services. You acknowledge that this Terms of Service is concluded between you and Rylo only, and not with Apple Inc. or Google, Inc. (each an "App Distributor"), and Rylo, not an App Distributor, is solely responsible for the Rylo application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Rylo application is limited to a non-transferable license to use the Rylo application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Rylo is solely responsible for providing any maintenance and support services with respect to the Rylo application, as specified in this Terms of Service, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Rylo application. (3) WARRANTY: Rylo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Rylo application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Rylo application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Rylo application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rylo’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Rylo, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Rylo application or your possession and/or use of the Rylo application, including, but not limited to: (i) product liability claims; (ii) any claim that the Rylo application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Rylo application or your possession and use of the Rylo application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF SERVICE: You must comply with applicable third party terms of agreement when using the Rylo application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Rylo application. (8) THIRD PARTY BENEFICIARY: Rylo and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Terms of Service, and that, upon your acceptance of the terms and conditions of this Terms of Service, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service against you as a third party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Services ("Submissions") provided by you to Rylo are non-confidential and Rylo (as well as any designee of Rylo) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Rylo makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Rylo. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
B. attempting to impersonate another user or person or using the username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
E. deleting the copyright or other proprietary rights notice from any Website content
F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any Rylo employees or agents engaged in providing any portion of the Services to you
I. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
J. making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
K. selling or otherwise transferring your profile
L. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Rylo
M. tricking, defrauding or misleading Rylo and other users, especially in any attempt to learn sensitive account information such as passwords
N. using any information obtained from the Website in order to harass, abuse, or harm another person
O. using the Services as part of any effort to compete with Rylo or to provide services as a service bureau
P. using the Website in a manner inconsistent with any and all applicable laws and regulations
Third Party Websites and Content
The Website or App may contain (or you may be sent through the Website or the Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites or any Third Party Content, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications or software you use or install from the Website or App. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Rylo takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Sweepstakes and Contests
Rylo may operate or participate in contests, sweepstakes, or other similar promotions (collectively known as, "Promotions"). You should review the rules ("Official Rules") of each Promotion in which you participate through the Services, as they may contain additional important information about Rylo’s rights and ownership of submissions made through the Promotion and as a result of your participation in the Promotion. To the extent that the terms of conditions of such Official Rules conflict with this Terms of Service, the terms and conditions of such Official Rules will control.
Rylo reserves the right but does not have the obligation to:
A. monitor the Website for violations of this Terms of Service;
B. take appropriate legal action against anyone who, in Rylo’s sole discretion, violates this Terms of Service, including without limitation, reporting such user to law enforcement authorities;
C. in Rylo’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Terms of Service or any Rylo policy;
D. in Rylo’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Rylo’s systems;
E. otherwise manage the Website in a manner designed to protect the rights and property of Rylo and others and to facilitate the proper functioning of the Website.
Term and Termination
The Terms of Service shall remain in full force and effect while you use the Services or are otherwise a user or member of the Services, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THE TERMS OF SERVICE, RYLO RESERVES THE RIGHT TO, IN RYLO’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION, AND RYLO MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN RYLO’S SOLE DISCRETION.
In order to protect the integrity of the Website and Services, Rylo reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Services.
Upon termination of this Terms of Service or any particular Service, all licenses granted to you in connection with the terminated Service(s) shall immediately terminate and you shall immediately cease all use of the terminated Service(s). Notwithstanding the foregoing, if Rylo terminates your access to the Subscription Services, you shall have [five (5)] calendar days from the date of termination to download your content stored via the Subscription Services. Any payment obligations arising prior to termination shall not be affected by termination. If Rylo terminates your access to a Subscription Service without cause prior to the end of the subscription period for which you have paid, Rylo will refund you the pro-rata portion of the applicable fee for the relevant subscription period.
Any provisions of this Terms of Service that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Terms of Service, shall be deemed to survive for as long as necessary to fulfill such purposes, including intellectual property ownership rights, your representations with respect to Contributions, and the following Sections: Disputes, Disclaimers, Limitations of Liability, Indemnity, Assignment and Miscellaneous.
CERTAIN STATES ALLOW YOU TO CANCEL THIS TERMS OF SERVICE AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN A CERTAIN NUMBER OF DAYS FOLLOWING THE DATE OF THIS TERMS OF SERVICE AGREEMENT. TO CANCEL, CONTACT A RYLO CUSTOMER EXPERIENCE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTED BELOW OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Rylo terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Rylo reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
To Terms of Service
Rylo may modify the Terms of Service from time to time. Any and all changes to the Terms of Service will be posted on the Website or otherwise communicated to you in writing and revisions will be indicated by date. All modifications to this Terms of Service will become effective thirty (30) days after the date they are posted or communicated to you, except changes implemented to comply with law which shall become effective immediately. If you have purchased any Subscription Services for which your subscription period is longer than one (1) month, and we modify this Terms of Service with respect to such Subscription Services, you may inform us of your wish to cancel such Subscription Services within thirty (30) days after we post or communicate to you such modifications, and we will refund you the pro-rata portion of your subscription fee covering the remaining duration of the subscription period. You agree to be bound to any changes to the Terms of Service when you use the Services after any such modification becomes effective. It is therefore important that you regularly review the Terms of Service and keep your contact information current in your account settings to ensure you are informed of changes.
Rylo reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Rylo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Rylo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Rylo, 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 the Services.
A. Governing Law; Jurisdiction. The Terms of Service and all aspects of the Website and Services shall be governed by and construed in accordance with the internal laws of the State of California, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Northern District of California County, State of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from the Terms of Service. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from the Terms of Service. In no event shall any claim, action or proceeding by you related in any way to the Website or Services be instituted more than two (2) years after the cause of action arose.
B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to the Terms of Service ("Dispute"), you and Rylo agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
C. Binding Arbitration. IF YOU AND RYLO ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, EITHER YOU OR RYLO MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THE ARBITRATION SHALL BE COMMENCED AND CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES ("AAA CONSUMER RULES"), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE WWW.ADR.ORG. THE DETERMINATION OF WHETHER A DISPUTE IS SUBJECT TO ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND DETERMINED BY A COURT RATHER THAN AN ARBITRATOR. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY THE AAA CONSUMER RULES AND, WHERE APPROPRIATE, LIMITED BY THE AAA CONSUMER RULES. IF SUCH COSTS ARE DETERMINED BY THE ARBITRATOR TO BE EXCESSIVE, RYLO WILL PAY ALL ARBITRATION FEES AND EXPENSES. THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE OR ONLINE. THE ARBITRATOR WILL MAKE A DECISION IN WRITING, BUT NEED NOT PROVIDE A STATEMENT OF REASONS UNLESS REQUESTED BY A PARTY. THE ARBITRATOR MUST FOLLOW APPLICABLE LAW, AND ANY AWARD MAY BE CHALLENGED IF THE ARBITRATOR FAILS TO DO SO. EXCEPT WHERE OTHERWISE REQUIRED BY THE APPLICABLE AAA RULES OR APPLICABLE LAW, THE ARBITRATION WILL TAKE PLACE IN UNITED STATES OF AMERICA, STATE OF CALIFORNIA, NORTHERN DISTRICT OF CALIFORNIA. EXCEPT AS OTHERWISE PROVIDED IN THE TERMS OF SERVICE, YOU AND RYLO MAY LITIGATE IN COURT TO COMPEL ARBITRATION, STAY PROCEEDINGS PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR.
D. Restrictions. YOU AND RYLO AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN RYLO AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
E. Exceptions to Informal Negotiations and Arbitration. You and Rylo agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Rylo’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Rylo will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Rylo agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Rylo reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Rylo cannot control the nature of all of the content available on the Website or through the Services. By operating the Website and Services, Rylo does not represent or imply that Rylo endorses any blogs, contributions or other content available on or linked to by the Website or through the Services, including without limitation content hosted on third party websites or provided by third party applications, or that Rylo believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions or Services. Rylo is not responsible for the conduct, whether online or offline, of any user of the Website or Services.
YOU AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND YOUR USE OF THE WEBSITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RYLO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RYLO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (F) ANY LOSS OF DATA, CONTENT OR OTHER INFORMATION STORED ON THE WEBSITE OR VIA THE SERVICES AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. RYLO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RYLO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitations of Liability
IN NO EVENT SHALL RYLO OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF RYLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RYLO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RYLO FOR THE SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO THE CAUSE OF ACTION WHICH GAVE RISE TO THE LIABILITY.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Rylo, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Services, and/or arising from a breach of the Terms of Service and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Rylo reserves the right, at your expense, to assume the exclusive defense, control and/or settlement of any matter for which you are required to indemnify Rylo, and you agree to cooperate, at your expense, with Rylo’s defense of such claims. Rylo will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
The Terms of Service is binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under the Terms of Service without Rylo’s prior written consent. Rylo will be permitted to assign its rights under the Terms of Service at its sole discretion.
Rylo is located in the State of California in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with Rylo occur in the United States. You are responsible for compliance with all applicable laws, rules, and regulations applicable to your use of the Services.
Except as explicitly stated otherwise, any notices given to Rylo shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that Rylo shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Rylo arising from any such loss or corruption of such data.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
The Terms of Service constitutes the entire agreement between you and Rylo regarding the use of the Services. The failure of Rylo to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service operates to the fullest extent permissible by law. Rylo shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Rylo’s reasonable control. If any provision or part of a provision of the Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Rylo as a result of the Terms of Service or use of the Website and Services. Upon Rylo’s request, you will furnish Rylo any documentation, substantiation or releases necessary to verify your compliance with the Terms of Service. You agree that the Terms of Service will not be construed against Rylo by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Service and the lack of signing by the parties hereto to execute the Terms of Service.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact Rylo as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
P.O. Box 77234
San Francisco, CA 94107