Thank you for visiting Rallyhood.com (the “Site”). These Terms of Service (the “Terms”) govern your access to and use of Rallyhood’s websites and services (collectively, the “Service”) and the information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively, the “Content”). “Rallyhood” means Rallyhood Inc., a Texas corporation. If you have questions regarding the Terms or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.
BY USING THE SERVICE YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS. You acknowledge and agree that you have the legal power and authority to enter into these Terms and that you have not falsely identified yourself nor provided any false information to gain access to the Service. If you are entering into the Terms on behalf of a company or other entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms "you" or "your" refers to such entity
1. Account Obligations
You, and not Rallyhood, are responsible for safeguarding the passwords that you use to access the Service and for any activities or actions under your password. Please use strong passwords with your account. You agree to promptly notify Rallyhood if you become aware of, or suspect, any unauthorized use of a password or account, a breach of security, or unauthorized copying or distribution of Content. You must also update your profile information of any changes so that your profile information remains current.
2. Rights Concerning Your Information
3. User Feedback
All feedback, suggestions, ideas, and other submissions disclosed to Rallyhood in connection with your use of the Service (collectively, "Feedback") will be Rallyhood's property. Such disclosure of Feedback will constitute an assignment to Rallyhood of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. Rallyhood will be under no obligation to maintain any Feedback in confidence, pay any compensation for any Feedback, or respond to any Feedback.
The RALLYHOOD name and logo and other related names, design marks, product names, feature names and related logos (including, without limitation, RALLY, RALLY-SITE, and RALLIES) are trademarks of Rallyhood and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Rallyhood. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Rallyhood and may not be copied imitated or used, in whole or in part, without the express prior written permission of Rallyhood.
5. Rallyhood Ownership
Except for Content provided by users, all right, title and interest in the Service and all content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (collectively, the "Works") are the sole property of Rallyhood or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Rallyhood owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as specifically permitted herein is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Rallyhood and its licensors irreparable injury, which may not be remedied at law, and you agree that Rallyhood and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
6. License Grant and Restrictions
Rallyhood grants you a personal, non-exclusive, non-assignable, license to access and use the Service as provided by Rallyhood for your personal use and enjoyment in the manner permitted by these Terms. You acknowledge and agree that, except as otherwise authorized by Rallyhood in writing, you will not: a. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or the Works; b. copy, reproduce, republish, upload, post, transmit or distribute the Service or the Works; c. modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Works; d. knowingly or negligently permit other individuals or entities to use or copy the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device; e. access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes; f. attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Rallyhood or its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access; g. attempt to probe, scan or test the vulnerability of a system, account or network of Rallyhood or its customers or suppliers, or any Rallyhood product or service; h. interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mailbombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, software; i. forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to Rallyhood or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity; j. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information; k. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, to the Service or any Rallyhood (or Rallyhood supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Rallyhood (or Rallyhood supplier) facilities used to deliver the Service; l. create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and m. knowingly: (i) send spam or otherwise duplicative or unsolicited messages in violation if applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.
7. Termination and Suspension of Service
Rallyhood may terminate your password, account or use of the Service if you breach or otherwise fail to comply with these Terms or Rallyhood’s payment policies. In addition, Rallyhood may terminate a free account at any time in its sole discretion. If Service is suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe
You will defend, indemnify and hold Rallyhood harmless from and against any and all liabilities, including reasonable attorneys’ fees, arising out of or relating to your acts or omissions in connection with your use of the Service, your breach or violations of the Terms or any claim that Content that you have posted to the Site (or otherwise used in connection with the Service) infringes or violates someone else's rights.
9. Disclaimer of Warranties
It may be necessary for Rallyhood to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Rallyhood provides no assurance that you will receive advance notification of such activities or that the Service will be uninterrupted or error-free. Any degradation or interruption of the Service will not give rise to a refund or credit of any fees paid by you. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, (A) THE SERVICE IS PROVIDED "AS-IS" AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RALLYHOOD, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE, OR OTHERWISE RELATING TO THE TERMS, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NONINTERFERENCE.
10. Limitation of Liability
IN NO EVENT WILL RALLYHOOD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME, LOSS OF DATA OR GOOD WILL, EVEN IF RALLYHOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF RALLYHOOD IN CONNECTION WITH THE SERVICE AND/OR THE TERMS, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (I) THE AMOUNT OF THE PAYMENTS MADE TO RALLYHOOD FOR THE SPECIFIC SERVICE(S) GIVING RISE TO SUCH CLAIM IN THE SIX (6) MONTHS PRIOR TO SUCH CLAIM OR (II) $500. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR
PERTAINING TO THE SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR
AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS
OF LIABILITY WILL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE
AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR
THE SERVICE PROVIDED HEREUNDER. Certain states and/or jurisdictions do not allow the
exclusion of implied warranties or limitation of liability for incidental, consequential or certain
other types of damages, so the exclusions set forth above may not apply to you.
Rallyhood may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in Rallyhood’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Rallyhood’s account information. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Rallyhood (such notice will be deemed given when received by Rallyhood) at any time by the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Rallyhood, Inc., P.O. Box 1303, Austin, Texas, 78701, ATTN: President.
12. Modification to Terms
Rallyhood reserves the right to modify the Terms or its policies relating to the Service at any time, effective upon posting of an updated version of the Terms on the Site. You are responsible for regularly reviewing the Terms. Continued use of the Service after any such changes will constitute your consent to such changes.
13. Customer Communications; Disclosure
From time-to-time Rallyhood may ask whether or not you wish to receive marketing and other non-critical Service-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by notifying Rallyhood. Because the Service is a hosted, online application, Rallyhood may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.
a. This Agreement will be governed by Texas law and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service, with the exception of claims for injunctive relief, will be resolved in arbitration administered by the American Arbitration Association and located in Austin, Texas. You may not under any circumstances commence or maintain against Rallyhood any class action, class arbitration, or other representative action or proceeding. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Rallyhood may be commenced only in the federal or state courts located in Travis County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. b. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect. c. No joint venture, partnership, employment, or agency relationship exists between you and Rallyhood as a result of this agreement or use of the Service. The failure of Rallyhood to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Rallyhood in writing. d. Neither party will be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot, unavailability of the Internet or the intervention of any governmental authority. e. If you have not entered into another agreement with Rallyhood regarding the subject matter contained in the Terms, then the Terms comprise the entire agreement between you and Rallyhood and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Rallyhood have entered into another agreement regarding the subject matter set forth in the Terms that is a written and signed agreement between you and Rallyhood, then the Terms should be read and interpreted in conjunction with such agreement and, in the event of a conflict between the Terms and a written, signed agreement between the parties, the written, signed agreement will govern and control.
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