RelayRight Terms of Use
Last Updated and Effective: December 13, 2023
Welcome to RelayRight! The RelayRight Platform is a digital application designed to help political candidates harness the power of supporters’ personal connections to amplify key campaign messages through texts. The Platform hosts campaign-approved content, like news, events, and fundraising messages, for supporters to text to their contacts. Using this Platform, campaigns can empower their supporters to drive voter contact through personalized messages – and help win elections.
BY ACCESSING OR USING THE PLATFORM AND/OR SERVICES YOU ARE INDICATING THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, MEET ALL OF THE ELIGIBILITY REQUIREMENTS HEREIN, HAVE READ AND UNDERSTAND THESE TERMS OF USE (THE “TERMS”), AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND OUR PRIVACY NOTICE, WHICH IS HEREBY INCORPOATED BY REFERENCE.
If you are accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM AND SERVICES.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1.1 Key Terms
As used in these Terms of Use:
- “App” refers to any downloadable application (including, a mobile application) owned or operated by us, through which access to the Services is available, including the RelayRight mobile application. References to the “App” include any and all features, functionality, tools and content available on or through each such application.
- “RelayRight,” “we,” or “us” refer to RelayRight, LLC and our officers, directors, employees, contractors and agents. To the extent applicable, they also refer to our affiliates, service providers and licensors, and their respective officers, directors, employees, contractors and agents.
- “Platform” refers, collectively, to any and all Websites, Apps, and other technology through which RelayRight provides the Services.
- “Platform Content” refers to any and all videos, text, photos, information and other content included, provided or made available on or through the Platform, including all User Content except Your Content.
- “Services” refers to any services or products provided by RelayRight and its service providers, and any and all related services and promotions.
- “User Content” or “Your Content” refers to videos, text, photos, information and other content captured, recorded, streamed, stored, shared or otherwise made available or caused to be made available by users on or through the Platform.
- “Users” means any and all persons that access or use the Platform. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the Website and accessing or using the Services.
- “Website” refers to any website owned or operated by RelayRight (including the website currently located at com/RelayRight), through which access to the Services is available. References to the “Website” include any and all features, functionality, tools and content available on or through each such website.
1.2 Platform Rules and Supplemental Terms
Your access to and use of the Platform is governed by the terms and conditions of these Terms of Use, our Privacy Notice, currently located at RallyRight.com/RelayRight/Privacy-Policy (as described in more detail in Section 11.1 below), any and all other policies and rules referenced herein, posted on the platform, or otherwise communicated to users (the “Platform Rules”).
Certain of the features, functionality, tools, content and promotions available on or through the Platform may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use.
If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
1.3 Amendment of Terms
RelayRight reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Platform after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Platform.
No other modification, amendment, supplement of or to the Terms will be binding on RelayRight unless it is in writing and signed by an authorized representative of RelayRight.
1.4 Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Platform, and may subject you to civil and criminal penalties.
2.1 Right to Use
Subject to your compliance with the Terms, RelayRight grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Platform, including the right to download and install a copy of the App on each mobile device that you own or control and to run such copy of the App solely for your own personal use, for the sole purpose of using the Services to connect political campaigns and organizations with individuals who are willing to go door-to-door to make contact on behalf of their campaign or organization. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. In certain situations, RelayRight has licensed materials from third-parties which are incorporated into the Platform or may be used by you during your use of the Platform (“Third Party Materials”). In such situations, RelayRight grants you a non-exclusive, non-transferrable, non-sublicensable, revocable limited sub-license to use and access the Third Party Materials in the United States subject to the terms and conditions of these Terms. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by RelayRight, in the manner permitted by the Terms.
2.2 Set-Up and Operating Requirements
In order to use the Services, you must:
- have internet access (e.g., WiFi or 3G /4G with a data plan);
- download the App on your smartphone or tablet;
- register for an account (as set forth in more detail below in the “Accounts” section below); and
- provide and maintain complete, accurate and up-to-date account information, including contact information for your emergency contacts.
If any of the above requirements are not met, you will not be able to use some or all of the Services.
2.3 Service Limitations
In addition to the set-up and operating requirements, there are certain other circumstances that may limit the availability or effectiveness of the Services.
- Service Area – The Platform is currently configured for use in the United States only, and is not intended for use outside of the United States.
- Service Interruptions – The Services can be interrupted for any reason that disrupts internet access or GPS capabilities, including in the event of:
- electrical power outages
- natural disasters
- electronic interference
- an outage affecting the data transport service
- failure of originating or terminating access lines
- network congestion and/or reduced routing speed RelayRight’s network or another network (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks)
- compatibility issues
- equipment failures relating to your equipment or RelayRight’s equipment, including, hardware or software failures or misconfiguration affecting RelayRight, its offices, data centers, and/or any of its service providers
2.4 Acknowledgements
YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
- RELAYRIGHT DOES NOT AND CANNOT GUARANTEE THAT THE PLATFORM WILL BE CONTINUOUS OR ERROR-FREE. FOR EXAMPLE, THE PLATFORM WILL NOT BE AVAILABLE OUTSIDE OF THE SERVICE AREA OR UNDER CIRCUMSTANCES SET FORTH ABOVE.
- IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR PLATFORM IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE PLATFORM.
- YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR CONTENT. ABUSE OF THE SERVICES MAY SUBJECT YOU TO CIVIL AND CRIMINAL FINES AND PENALTIES.
2.5 Modifications and Updates to the Platform and Services
RelayRight reserves the right, in its sole discretion, to modify or discontinue offering the Platform and/or Services, in whole or in part, including any Website, App, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of User Content and Your Content at our sole discretion at any time without prior notice to you.
We may from time to time develop and provide updates for the App, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If you do not, portions of the App may not properly operate. All Updates will be deemed part of the App and be subject to all terms and conditions of the Terms.
You agree that RelayRight has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
2.6 International Users
The Platform is controlled and operated within the United States and is not intended for use outside of the United States. You are hereby prohibited from accessing or using the Platform from any territory where the Platform or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the Platform from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
3.1 Account Registration
While certain Platform Content is publicly available, you must register for a user account before you are able to use any of the Services. You may register to create an account directly via the Platform.
No person or entity may have more than one active account at any given time.
For enterprise clients (each, an “Enterprise Customer”), including political committees and campaigns, designated administrators will set up the primary account, and will identify the employees or representatives who are eligible for account log-in credentials or sub-accounts that will be linked to the Enterprise Customer’s account or subsidized by Enterprise Customer. RelayRight will provide user IDs for each of the employees or representatives identified by Enterprise Customer for account log-in access or sub-accounts. Each user ID will be assigned to a specific User. User IDs are not transferable. When an Enterprise Customer notifies RelayRight that an employee or representative is no longer eligible for account log-in credentials or a sub-account (for example, if the employee has left the client’s employ), RelayRight will remove access for that account log-in or sub-account. When the client notifies RelayRight of an employee or representative who is newly eligible for account log-in credentials or a sub-account, RelayRight will promptly send the client a new user ID for the new employee. (For simplicity, both administrator accounts and sub-accounts will be referred to hereafter as “accounts.”)
3.2 Account Set-Up
Your account and account profile page will be created based upon the information you provide to us.
You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. Please note that the name and contact information that you submit when you register may be shared in accordance with your selections in your account settings when you share Your Content.
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account or any other account that you may connect to your account. You agree not to disclose your username or password to any third party, and you agree to immediately notify RelayRight of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. RelayRight cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.1 Payment/ Credit Cards
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES TO RELAYRIGHT, THROUGH RELAYRIGHT’S THIRD PARTY PAYMENT PROCESSING SERVICES PROVIDER (“THIRD-PARTY PAYMENT PROCESSOR”). YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE CREDIT CARD OR PAYMENT ACCOUNT DETAILS TO SUCH THIRD-PARTY PAYMENT PROCESSOR, AND PROMPTLY UPDATE ALL INFORMATION TO KEEP SUCH INFORMATION CURRENT, COMPLETE AND ACCURATE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. Please note that the payment information, including name and contact information, that you submit when you register will be collected, stored and processed by such Third-Party Payment Processor in accordance with the privacy policies and terms and conditions of such Third-Party Payment Processor.
If RelayRight is unable to successfully charge your credit card or payment account for fees due, or invoices are not paid in full when due, we reserve the right to restrict or suspend access to your account, or terminate your account (including, any employee accounts associated with your account). If you terminate your account for any reason or if we terminate your account due to your breach, such termination will be effective immediately, and you will be immediately billed for any unbilled fees incurred prior to the effective date of termination. You will not receive a refund for any amounts you already paid for that billing period. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.
We may contact you via email regarding your account, for example, in connection with a problem with your credit card or payment account.
4.2 No Refunds
Unless RelayRight agrees or states otherwise in writing, all fees and charges are nonrefundable.
4.3 Third Party Charges and Mobile Alerts
You are solely responsible for any fees or charges incurred to access the Platform through an internet access provider or other third party, including without limitation data charges incurred if you are not connected to WiFi access, charges to receive SMS messages or other internet or mobile access, which may be billed to you or deducted from your prepaid balance by your internet or mobile provider. You agree that RelayRight is not liable in any way for any third party charges.
4.4 Responsibility for Contributions / Redirection of Payments to Agents and Third Parties
Political committees, candidates, and campaigns using the Platform acknowledge and agree that RelayRight has no control over and shall not be responsible in any way for: (i) contributions solicited through the Platform; or (ii) your ability to deliver on promises made or communicated through the platform. You acknowledge and agree that as between RelayRight and you, you shall be solely responsible for all refunds, chargebacks, third-party chargeback fees, and fees related to the foregoing (“Deduction Amounts”) related to the contributions you solicit through the Platform and in no event shall RelayRight be responsible in any way for such Deduction Amounts.
4.5 Campaign Finance Laws
Political contributions are governed by campaign finance laws. RelayRight makes its commercially reasonable best efforts to ensure that all contributions solicited through the Platform are in accordance with these laws. Nonetheless, you acknowledge and agree that you are responsible for ensuring your own compliance.
Any time you access or use the Platform, you are required to comply with our User conduct guidelines, as set forth below.
Public Areas: Your Content may be viewed by other Users and by other persons or entities, including through third party services and websites. Thus, you should only capture, record, upload, stream, share or store videos, images, information and other content that you are comfortable sharing with others.
You are not authorized to access or use the Platform:
- in any manner other than how the Platform is intended or designed to be utilized;
- to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
- to collect, store or use any information from or about another User, other than to provide aid to such User or as otherwise authorized and intended by such User;
- to “stalk” or harass any other User;
- for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, pornographic, objectionable, vulgar, lewd, offensive, threatening, hateful, violent, or threatening or promoting violence or actions that are threatening to any other person;
- to promote illegal or harmful activities or substances, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
- to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- in any manner that violates, breaches, or circumvents any local, state, federal, or other law, rule or regulation, including any rule or order of a court or administrative body;
- in any manner that violates, breaches, or circumvents the rights of any person or entity, including infringing or misappropriating such party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- if you are not able to form legally binding contracts (for example, if you are under 18);
- if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or
- for any other purposes that are not expressly permitted by the Terms.
Further, you may not:
- access, copy, distribute, share, publish, use or store any Platform Content, including any information from or about any other User, for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other Users or any other third party, including by disclosing, selling, renting, distributing or exposing any Platform Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Platform;
- access, copy, distribute, share, publish, use or store, or prepare derivative works from any Platform Content that belongs to RelayRight, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
- share your user ID/username or transfer your account to another party without our consent;
- circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Platform if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Platform;
- access, search, collect information from, or otherwise interact with the Platform by “scraping,” “crawling” or “spidering” the Platform, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by RelayRight, unless you have been specifically authorized to do so in a separate agreement with RelayRight;
- use, display, mirror or frame the Platform, or any feature, functionality, tool or content of the Platform, RelayRight’s name, any RelayRight trademark, logo or other proprietary information, without RelayRight’s express written consent;
- interfere with, disrupt, damage or compromise the Platform or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Platform or otherwise imposing an unreasonable or disproportionately large load on the Platform;
- access, tamper with or use non-public areas of any of the Platform, RelayRight’s computer systems, or the technical delivery systems of RelayRight’s providers;
- probe, scan, or test the vulnerability of any system or network of RelayRight or its providers, or breach or circumvent any security or authentication measures of such system or network;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RelayRight or any of RelayRight’s providers or any other third party to protect the Platform;
- forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Platform;
- export or re-export the Platform, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- otherwise abuse the Platform or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
5.1 Responsibility for User Content
Ultimately, all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed in such User Content. You understand that by using the Platform, you may be exposed to User Content that is offensive, harmful, inaccurate, misleading, fraudulent or otherwise inappropriate. Under no circumstances will RelayRight be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content.
We may, but are not required to monitor or control the User Content captured, recorded, uploaded, streamed, shared or stored on or through the Platform, and we cannot take responsibility for such User Content. Any use or reliance on any User Content is at your own risk.
5.2 Reporting Misconduct
If you feel that another User has violated the Terms, abused the Platform or otherwise acted inappropriately, you may report the User to RelayRight at Admin@RallyRight.com. RelayRight reserves the right, but assumes no obligation, to investigate and take appropriate action in response to such reports. Regardless of its action or inaction, in no event will RelayRight be liable for the acts or omissions of any User or any third party.
If you are a California resident, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. See the “California Residents” subsection below for the full information required under California Civil Code §1789.3.
5.3 Investigations
RelayRight reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that RelayRight has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Platform or Services by any User, to access, review, preserve and disclose any User Content, or to remove or disable access to any User Content, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against RelayRight, (iii) to enforce and to ensure a User’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of RelayRight, its Users or members of the public, and (vi) for the purpose of operating and improving the Platform and Services (including for customer support purposes).
5.4 User Cooperation
You agree to cooperate with and assist RelayRight or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
You may cancel your account at any time.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Platform and Services at any time for any reason, and (ii) screen or delay the posting or delivery of Your Content.
RelayRight reserves the right to suspend or terminate your account or your access to the Platform if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, out-dated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “General User Conduct” section below and elsewhere in the Terms.
If your account is deactivated or cancelled, RelayRight will have the right, but not the obligation to delete Your Content.
If RelayRight has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to RelayRight’s reasonable satisfaction.
6.1 Policy Enforcement
When an issue arises, we reserve the right to consider such User’s performance history and the specific circumstances in applying our policies, and to determine how strictly to enforce such policies in an effort to achieve a fair outcome for all parties involved.
7.1 The Platform
The Platform and Services, including any Website, and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Services, and all intellectual property rights therein are the exclusive property of RelayRight and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Platform or Services.
You hereby grant RelayRight an unrestricted license to utilize all data generated by its provision of the Platform and/or Services in an aggregated and/or anonymous format for its commercial benefit, including, but not limited to, sharing such aggregated and/or anonymous data with third parties. Such aggregated and anonymous data does not identify any individual or entity.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with RelayRight (the “RelayRight Marks”) are the property of RelayRight, and that you are not permitted to use the RelayRight Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Platform or Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of RelayRight or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at RelayRight’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RelayRight or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
7.2 Your Content
By capturing, recording, uploading, streaming, sharing, or storing Your Content, you hereby grant RelayRight a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish, and display Your Content in any and all media as necessary to provide the Services to you, including, customer support services, and otherwise operate the Platform, including for product development and de-bugging purposes.
You agree that this license includes the right for RelayRight to provide, promote, and improve the Platform and Service and to make Your Content available to other companies, organizations or individuals who have a business relationship with RelayRight (“partner”) for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such use.
Such additional uses by RelayRight, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media. You further grant us the right to use, copy, distribute, post, broadcast, publicly perform, publish and display your name, city, state and other information in connection with Your Content as described herein or elsewhere on the Platform, subject to any applicable data protection laws.
RelayRight does not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to RelayRight under these Terms.
You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of your Content by other users and our third party partners.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Your Content, and that neither Your Content, nor RelayRight’s use of Your Content (or any portion thereof) on or through the Platform or in connection with the Services will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.
You understand that Your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Your Content for such use, it may subject you to liability. RelayRight will not be responsible or liable for any use of Your Content by RelayRight, any other User, or any third party in accordance with the Terms.
7.3 Feedback
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Platform (“Feedback”). You may submit Feedback by e-mailing us, at Admin@RallyRight.com. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of RelayRight. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by RelayRight or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to RelayRight all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect RelayRight’s rights in such improvements, enhancements and modifications.
8.1 Users
Users are required by the Terms to provide accurate information and, although RelayRight may conduct certain limited checks and/or institute certain processes designed to help verify information provided by Users, we do not guarantee the completeness or accuracy of any information provided by any User, including the User’s purported identity, credentials or background.
Any indication that a User has been “verified” (or similar language) only means that the User has completed a relevant verification process. It is not an endorsement, certification or guarantee by RelayRight about the User, including of the User’s identity, credentials or background. Any such description is intended only help you to evaluate and you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform.
We recommend that you exercise due diligence when deciding to communicate or interact with another User, and we will not be responsible or liable for any damage or harm resulting from your interactions with other Users.
8.2 Campaigns, Committees, and Candidates
RelayRight does not control or endorse any political campaign, committee, candidate, or cause, or any conformance or legality of the representation of any such campaign, committee, candidate, or cause described on the Platform or elsewhere. RelayRight cannot and does not control whether political campaigns, committees, candidates, or causes, and agents of the same, will complete their representations or promises they make on the Platform or elsewhere. In the event you have a dispute with a campaign, committee, candidate, or cause, or suffer any harm arising out of or connected with any campaign, committee, candidate, or cause, you hereby waive all claims and release RelayRight (and their subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers, and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any donation, contribution, or representation made by any campaign, committee, or with regards to such dispute.
8.3 Links to Third Party Websites and Services
The Platform may also provide links to third party websites, resources or services (“External Websites”). You acknowledge and agree that RelayRight is not responsible or liable for (i) the availability, terms or practices of such External Websites, or (ii) the content, products or services available on or through such External Websites, including that any information provided is complete, accurate or up-to-date. Links to such External Websites do not imply any endorsement by RelayRight of such External Websites, or the content, products or services available on or through such External Websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such External Websites, or the content, products or services available on or through such External Websites.
We will not be responsible or liable for any damage or harm resulting from your interactions with such External Websites, or the content, products or services available on or through such External Websites.
8.4 Third Party Providers
You acknowledge that as part of using the Platform, you may be able to access or integrate with the website content of, correspond with, or purchase products and services from, third parties via such third parties’ websites or applications. You acknowledge and understand that access to, or communication with, these third parties or usage of these third parties products and services is at your own risk.
RelayRight makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third party website is between you and the relevant third party, and not RelayRight.
- The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:
- You acknowledge and agree that (i) these Terms of Use are concluded between you and RelayRight only, and not Apple, and (ii) RelayRight, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between RelayRight and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RelayRight.
- You acknowledge that, as between RelayRight and Apple, Apple 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, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between RelayRight and Apple, RelayRight, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
- 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.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.
- Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App.
- The following terms apply to any App that you download from Android app store (“Google Play”) These terms are in addition to all other terms contained in these Terms of Use:
- You acknowledge and agree that these Terms of Use are between you and RelayRight only, and not with Google, Inc. (“Google”).
- You acknowledge and agree that your use of the App must comply with Google’s then-current Google Play Terms of Service and that Google is only a provider of Google Play where you obtained the App.
- You acknowledge and agree that RelayRight, and not Google, is solely responsible for the App.
- You acknowledge and agree that Google has no obligation or liability to you with respect to App or these Terms of Use.
- You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to App.
11.1 Warranties by Users
You represent and warrant to RelayRight that:
(i) you have the power and authority to accept and agree to the Terms;
(ii) you own or control all of the rights necessary to grant the rights and licenses granted herein;
(iii) you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Your Content or otherwise in connection with your access to or use of the Platform and Services;
(iv) you will comply with all applicable laws, regulations, and rules governing such the use of the Platform and Services, including, without limitation, the Telephone Consumer Protection Act and its implementing rules and regulations, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the CAN-SPAM Act of 2013 ;
(v) the exercise by RelayRight of the rights granted by you hereunder will not cause RelayRight to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
(vi) all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
11.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, RELAYRIGHT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE PLATFORM OR SERVICES, OR THAT USE OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY PLATFORM CONTENT. TO THE EXTENT THAT RELAYRIGHT MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
11.3 Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM IS AND REMAINS WITH YOU.
WITHOUT LIMITING THE FOREGOING, RELAYRIGHT DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE PLATFORM, (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, AND (III) ANY USER OR PLATFORM CONTENT ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE PLATFORM.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE PLATFORM, SUBMITTING AND TRANSMITTING YOUR CONTENT, COMMUNICATING OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE USER CONTENT OF OTHER USERS ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE RELAYRIGHT AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
IN NO EVENT WILL RELAYRIGHT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RELAYRIGHT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS RELAYRIGHT’S TOTAL AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE TOTAL FEES PAID BY YOU TO US IN THE IMMEDIATELY PRECEEDING THREE (3) MONTH PERIOD FROM THE DATE THE CLAIM ARISES OR ONE HUNDRED U.S. DOLLARS (US$100).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
11.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RELAYRIGHT AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
11.5 Exclusions
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
11.6 Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold RelayRight its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, allegations, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Platform, including any and all features, functionality, tools, content and promotions available on and through the Services, (ii) any allegation the Platform was used in a manner to send a message in violation of any applicable law, rule, regulation or industry best practice, including but not limited to the Telephone Consumer Protection Act or any state law equivalent; (iii) Your Content, (iv) any interactions with any other User, (v) your breach or alleged breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (vi) your gross negligence or willful misconduct.
11.7 Obligation to Defend
You agree that, at RelayRight’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) RelayRight may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of RelayRight (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
11.8 Implied Indemnity.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND RELAYRIGHT HAVE AGAINST EACH OTHER ARE RESOLVED.
12.1 Governing Law
The Terms shall be governed by and interpreted in accordance with the laws of the State of Georgia without regard to conflict of law principles. Subject to the below arbitration provisions, you and RelayRight agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform, including the Website in the federal or state courts located in Georgia and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that RelayRight retains the right to submit any such action to any court of competent jurisdiction. RelayRight also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
12.2 Binding Arbitration
In the event of a dispute arising under or relating to this Agreement, the Platform or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent RelayRight from seeking injunctive relief in any court of competent jurisdiction as necessary to protect RelayRight’s proprietary interests.
12.3 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST RELAYRIGHT ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND RELAYRIGHT OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
12.4 Future Amendments to this Section
Both of us agree that if we make any amendment to this Dispute Resolution section (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and RelayRight. We will notify you of amendments to this section by posting the amended Terms on the Platform. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Platform immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RelayRight in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
Reporting Claims of Copyright Infringement
We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
DMCA Agent
RelayRight
575 Pharr Road NE
Unit 53095
Atlanta, GA 30355
Phone: (404) 593-0333
Email: support@rallyright.com
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Counter-Notification Procedures
If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above).
Pursuant to the Act, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.
The Act allows us to restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the Act.
14.1 Privacy
Our collection and use of information about Users is governed by our Privacy Policy. Electronic Communications.
When you access or use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms.
14.2 Entire Agreement
These Terms, including these Terms of Use, our Privacy Notice, the applicable Supplemental Terms and any and all Platform Rules, constitute the entire and exclusive understanding and agreement between you and RelayRight regarding your access to and use of the Platform, including the Services and App, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and RelayRight and regarding the subject matter hereof.
14.3 Assignment
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. RelayRight may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
14.4 No Agency
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
14.5 Survival of Terms
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.
14.6 Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by RelayRight (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
14.7 Waiver
Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of RelayRight. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
14.8 Remedies
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
14.9 Severability
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
1.10 Headings
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
14.11 Third Party Beneficiaries
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
14.12 Construction
In the Terms, unless the context requires otherwise: (i) ”herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears; (ii) ”or” connotes any combination of all or any of the items listed; and (iii) ”including” (and any of its derivative forms) means “including but not limited to.”
14.13 Contact Us
If you have any questions or concerns, please contact RelayRight at Admin@RallyRight.com.
You can also write to us at:
RelayRight, LLC
575 Pharr Road NE, Unit 53095
Atlanta, GA 30355
14.14 California Residents
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Platform or Services or requests to receive further information regarding use of the Platform or Services may be sent to the above address or to Admin@RallyRight.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
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