Last updated June 9, 2020
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, APP OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SITE OR APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
IMPORTANT: THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN RALLYHOOD AND YOU, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH RALLYHOOD THROUGH FINAL AND BINDING ARBITRATION. PLEASE SEE THE DISPUTES CLAUSE IN SECTION 22 BELOW FOR MORE INFORMATION.
You acknowledge and agree that you have the legal power and authority to enter into these Terms. 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
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Site, App and Service on a computer, tablet device or mobile phone that you own or lawfully control. If you have accessed or downloaded the App from any “app” store or distribution platform, such as the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only, and we are solely responsible for the App; (ii) the App Provider has no obligation to furnish any maintenance and support services for the App; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and (v) you will comply with all applicable third-party terms of service when using the App.
All materials contained on, in, or available through the Site, App and Service, including all information, data, text, photographs, images, graphics, logos, button icons, sound, music, audio clips, data, forms, graphs, videos, typefaces, and other material, and software the selection and arrangement thereof, and all source code, software compilations, and other materials (“Our Content”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with Our Content, whether registered or not, are our sole property or the property of third parties. Our Content includes 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, which 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 Site, App, and 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. Our Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Site, App or Service, any ownership rights in Our Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Site, App or Service, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
3. Use Limitations
You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Site, App or Service. You may not copy (except as expressly permitted by these Terms) or publish the Site or App for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Site, App or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Site and App, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Site, App or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations. 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.
4. Account Access
a. Individual Users. There is no charge to access and browse the Site, App or Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Site, App or Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Site, App or Service may be upgraded from time to time to add support for new functions and services.
5. Account Credentials
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.
Each Rally is managed by an administrator (the “Administrator”). By using the Service, you acknowledge the Administrator’s authority to (i) add or remove members from the Rally; (ii) discontinue the Rally; (iii) cancel or reschedule the Rally (iv) add or remove additional administrators; (v) resign his or her role as an Administrator and appoint a member as Administrator; (vi) view and download email list of Rally members; (vii) view and download Rally registration summaries; (viii) view and download reports for volunteer sign-up and other participation records; (ix) set permission for certain features withing the Rally; (x) designate a Rally as public, meaning open to any Rallyhood member, or private meaning open only to those invited or approved to joining the Rally; (xi) delete or remove content from the Rally page that, in the Administrator’s sole discretion is inappropriate or unsuitable, abusive, illegal, or disruptive or otherwise in violation of the restrictions in these Terms.
a. Payment to Rallyhood. Administrators and Business Administrators are responsible for any and all payments of fees due to Rallyhood and related taxes for the use of the Service. Failure to make payment in accordance with these Terms may result in the suspension or termination of the Administrator’s account and cancellation of any rallies they manage. All payments are non-refundable. Pricing terms are subject to change with thirty (30) days’ notice; such notice may be posted to the Site. All prices are exclusive of taxes. You are responsible for the payment of all applicable taxes.
b. Payments to Administrators or Business Administrators. Payments of fees or charges to an Administrator or Business Administrator are made through Stripe, a third-party payment processor. In the event an Administrator or Business Administrators issues a refund, such refund is also proceed through Stripe. Stripe returns both Stripe’s fees and platform fees. Administrators and Business Administrators have the ability to set their own fees, charges and refund policies.
c. Rights Concerning Your Information
Rallyhood may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, profiles, and postings to the Service; however, Rallyhood is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, solicitations or inaccuracy contained in any information transmitted to any such locations through the Service.
Rallyhood will cooperate with law enforcement or a court order requesting or directing Rallyhood to disclose the identity of anyone posting any information or material prohibited by these Terms. Rallyhood may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Rallyhood, its clients, or the public.
d. 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.
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 Site, App, Service or Our Content; b. copy, reproduce, republish, upload, post, transmit or distribute the Site, App, Service or Our Content; 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 Site, App, Service or Our Content; d. knowingly or negligently permit other individuals or entities to use or copy the Service or "frame" or "mirror" the Site, App or Service on any other server or wireless or Internet-based device; e. access the Site, App or Service to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Site, App or Service, (iii) copy any ideas, features, functions or graphics of the Site, App or Service, (iv) monitor its availability, performance or functionality, or (v) 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; g. 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; h. 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; i. 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; j. 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 Site, App, or 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; k. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Site, App or 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; l. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, to the Site, App, Service or any Rallyhood (or Rallyhood supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to the Site, App, Service or to any Rallyhood (or Rallyhood supplier) facilities used to deliver the Site, App or Service; m. create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Site, App, or Service; and n. 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.
The Site, App and Service are controlled and operated by Rallyhood from the United States and are not intended to subject Rallyhood or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Rallyhood does not represent or warrant that the Site, App or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
g. Termination, Suspension of Service, and Other Rallyhood Actions for Breach
Rallyhood may terminate your password, account or use of the Site, App or Service if you breach or otherwise fail to comply with these Terms or Rallyhood’s payment policies. In addition, Rallyhood may terminate your access to the Site, App or Service at any time in its sole discretion. If access to or use of the Site, App or Service is suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe.
h. Third Party Content
i. Copyright Infringement
We respect the intellectual property rights of others, and require that people who use the Site, App and Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy https://rallyhood.com/home/dmca.php.
By using the Site, App or Service, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, App or Service or the creation, placement or transmission of any message, information, software or other materials through the Site, App or Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
k. Service Interruptions
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.
l. Disclaimer of Warranties
THE SITE, APP AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE SITE, APP OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SITE, APP, SERVICE OR OUR CONTENT; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, APP OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE SITE, APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SITE, APP OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE, APP AND SERVICE.
m. Limitation of Liability
IN NO EVENT WILL RALLYHOOD OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, APP, SERVICE, OR OUR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SITE, APP OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL RALLYHOOD’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE SITE, APP OR SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO USE IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM OR THE AMOUNT OF $500.00 U.S. DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SITE, APP, SERVICE OR OUR CONTENT 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 AND ACCESS 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 Site, App, 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., PO BOX 163507, Austin, TX 78716.
o. Modification to Terms
Rallyhood reserves the right to modify the Terms or its policies relating to the Site, App or Service at any time, effective upon posting of an updated version of the Terms on the Site or App. You are responsible for regularly reviewing the Terms. Continued use of the Site, App or Service after any such changes will constitute your consent to such changes.
p. 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.
q. GOVERNING LAW; ARBITRATION OF DISPUTES; NO CLASS ACTION.
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.
r. Force Majeure
Except for payments due under this Agreement, neither party will be responsible for any failure or delay in its performance due to causes beyond its reasonable control, including, but not limited to, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, material shortages, or fuel crises, provided that such party gives prompt written notice thereof to the other party and uses its diligent efforts to resume performance.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may assign or transfer our rights and obligations under these Terms (i) to our affiliate(s) (where “affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with such party), or (ii) in connection with a merger, acquisition or sale of all or substantially all of our assets. This Agreement and all of its provisions will inure to the benefit of and become binding upon the parties and the successors and permitted assigns of the respective parties.
t. Entire Agreement; Additional Terms
If you have not entered into a Customer 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 a Customer Agreement, 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 Customer Agreement, the Customer Agreement will govern and control.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.
If you have any questions regarding these Terms or the Site, App or Service, please contact us at email@example.com.
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