LAST UPDATED APRIL 26, 2017
PLEASE REVIEW THE TERMS SECTION ENTITLED “DISPUTE RESOLUTION”
WE MAY CHANGE OR MODIFY THESE TERMS AT ANY TIME AND IN OUR SOLE DISCRETION. WE WILL PROVIDE NOTICE OF SUCH CHANGES, SUCH AS BY SENDING A NOTIFICATION OR POSTING A NOTICE ON OUR WEBSITE, AND WILL UPDATE THE “LAST UPDATED” DATE ABOVE. PREVIOUS VERSIONS OF OUR TERMS AND PRIVACY NOTICE ARE FOUND HERE. YOUR CONTINUED USE OF ANY OF THE SERVICES WILL CONFIRM YOUR ACCEPTANCE OF THE REVISED TERMS. WE ENCOURAGE YOU TO FREQUENTLY REVIEW THE TERMS TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING THE SERVICES AND DELETE YOUR REZILITY ACCOUNT.
Please note: There may be times when we will provide new or additional services featuring their own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the new or additional services control to the extent there is a conflict with these Terms.
In addition to the other responsibilities, rules and provisions outlined in these Terms, you represent and agree, by using any of the Services, that you:
- Are at least 13 years old and a resident of the United States;
- Will not post via any of the Services any User Content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
- Are solely responsible for your use of the Services, for any Content you post to or via the Services, and for any consequences thereof;
- Acknowledge that all User Content you submit, post, or display may be viewed by other users of the Services and through third-party services and websites if consistent with the explicit purposes of the Services, our Privacy Notice, or as otherwise specifically authorized by you;
- Agree to post via the Services only User Content that you are comfortable sharing with others under these Terms and our Privacy Notice;
- Acknowledge we may remove from the Services any User Content for any reason whatsoever;
- Have granted to us a non-exclusive, perpetual, fully-paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display all User Content you post on or through the Services, subject to our Privacy Notice and applicable law, provided that our uses and disclosures are consistent with the explicit purposes of the Services, our Privacy Notice, or as otherwise specifically authorized by you;
- Understand that you are using the Services at your own risk, and we are not responsible for the User Content you share through the Services;
- Are and at all times shall remain in full compliance with our Community Guidelines;
- Confirm that advertising revenue supports some of the Services and advertisers we select may display messages and promotions in combination with or adjacent to your User Content. You also agree we may include advertising and promotions in combination with the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. We may provide you with the ability to remove certain advertisements but in such event the removed advertisement will be replaced with another advertisement;
- Confirm we are not responsible for, and do not endorse any User Content posted within any of the Services. We do not have any obligation to prescreen, monitor, edit, or remove any User Content, but reserve the right to do so and reserve the right to remove User Content for any reason. If your User Content violates these Terms, you shall bear sole legal responsibility for that User Content, and agree to indemnify, defend, and hold us harmless against claims arising against us as a result of your posting of User Content;
- Shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices if incorporated in or accompanying any User Content you or others post to or through any of the Services;
- Shall not, except as permitted in these Terms, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any User Content of others posted to or through the Services by us or other users;
- Confirm you possess all rights and licenses needed to post the User Content you provide to or via the Services and that the User Content you post on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- Shall pay for all required royalties, fees, and any other monies owed by reason of User Content you post on or through the Services; and
- Have the legal right and capacity to enter into these Terms in your jurisdiction.
- If you are a RezilityTM Strategic Alliance Partner, click here for additional terms that apply to you.
- Our Privacy Notice explains how we handle member and visitor data collected and generated in the course of visiting or using the RezilityTM website and app. You acknowledge having read our Privacy Notice and agree to allow us to collect and use Your Information and User Content as described in that notice.
- Some of the information and Services available through the RezilityTM website and app are licensed from third parties and are covered by additional terms and disclosures of those third parties that may be viewed using the links below:
- The RezilityTM chat function is provided by PubNub.
- Email marketing for RezilityTM is provided by MailChimp.
- RezilityTM sign-in integration with Facebook.
- Except for persons duly authorized to create accounts on behalf of their employers and/or clients, you agree you will not sell, transfer, license or assign, or allow others to use, your account user name, password, list of followers, or any other account registration information or account rights.
- All account registration information you provide to us must at all times be true, accurate, current and complete. You agree to update your information as and when necessary for all of your account registration information to be true, accurate, current and complete.
- You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. You agree to be held responsible by us and others if you fail to maintain the security of your account.
- You agree to use a strong password, and to change your password at least every sixty (60) days.
- Each of the Services contains content owned or licensed by Rezility (“RezilityTM Content”). RezilityTM Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Rezility, Rezility owns and retains all rights in the RezilityTM Content and the Services.
- The RezilityTM name and logo and related additional marks we own and use in connection with the Services are exclusively our proprietary trademarks and service marks. They may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all custom graphics, button icons, page headers, and scripts are our exclusive service marks, trademarks and/or trade dress, and such items may not be copied, imitated or used, in whole or in part, without our prior written permission.
- You are hereby granted a limited, non-exclusive, non-sublicensable license to access and use the Services and RezilityTM Content solely as needed to use the Services in strict accordance with these Terms. This license is revocable by Rezility at any time for any reason whatsoever. Except as otherwise specifically provided in these Terms, this license does not include any right to:
Our Rights and Policies
We reserve the right to:
- Modify or terminate your account and/or your access to the Services for any reason, without notice, at any time, and without liability to you. You do have the ability to terminate your account at any time. Upon account termination (either by us or you), all licenses and other rights granted to you in these Terms will immediately cease;
- Modify or discontinue, temporarily, or permanently, the Services or any features or portions thereof without prior notice. We will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof. Although it is our intention for the Services to be available as much as possible, there will be occasions when some or all of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment;
- Force forfeiture of any user name for any reason;
- Remove, edit, block, and/or monitor User Content within our discretion. We may continue to store User Content that we remove from the Services, but only as consistent with our Privacy Notice;
- Integrate paid services, sponsored content, and/or commercial communications as part of the Services; and
- Post, disclose or otherwise use feedback, suggestions, ideas or other information or materials regarding us or the Services that you provide, whether by email or otherwise. Any such feedback shall be treated as non-confidential and shall become our sole property. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive any rights you may have to such feedback (including any copyrights or moral rights). Please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
In addition to the other responsibilities outlined in these Terms, you are solely responsible for:
- Your interaction with other users of the Services, whether online or offline.
- All data charges you incur through the use of the Services.
- All activities conducted via the Services by a person acting under your user name and password, except in the case such information is wrongfully misappropriated.
- Keeping a backup of all your User Content. We are not a backup or storage service. We will not be liable to you for any modifications, suspension, or discontinuation of the Services, or the loss of any User Content.
- Throughout your use of the Services, you may encounter links that direct you from the Services, whether they are communications you receive from the Services or on the Services themselves. These links may direct you to third party websites or features in images or comments within the Services.
- The Services also includes third-party content that we do not control, maintain or endorse. Functionality of the Services may permit interactions with a third-party website or features, including applications that connect one of the Services or your profile with a third-party web site or feature. For example, you may be provided the ability to share your User Content with a third party, which may be publicly posted on the third party’s service or application. Using this functionality usually requires you to log in to your account on the third-party service and you do so at your own risk.
- We do not control any User Content that you share on these third party websites or the web sites themselves.
- By using the Services, you acknowledge and agree we are in no way responsible or liable for any third-party services or features.
- Your correspondence and business dealings with third parties found through the Services are in no way our responsibility.
- If you choose to use applications to connect your profile or one of the Services with a third party service (called “Applications”), you are doing so at your sole discretion and risk. These Applications may interact with, connect to or gather and/or pull information from and insert information in your profile. By using such Applications, you acknowledge and agree to the following:
- If you use an Application to share information, you are consenting to information about your profile being shared by Rezility as set forth in our Privacy Notice;
- Your use of the Application may cause personally identifiable information to be publicly disclosed and/or associated with you, even if we have not provided such information; and
- Your use of an Application is at your own risk and option, and you will hold us harmless for activity related to the Application.
In addition to the other restrictions outlined in these Terms you agree that you will not:
- Create an account for anyone other than yourself without permission from them;
- Solicit, collect or use the login credentials of other users of the Services without permission from them;
- Engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
- Impersonate another person, user or entity;
- Post private or confidential information into the public areas of the Services.
- Use any of the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services and your User Content, including but not limited to, copyright laws, patent laws, trademark laws, trade secrets and all applicable intellectual property rights of third parties;
- Change modify, adapt or alter any of the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or us;
- Send, create or submit unwanted emails, messages, comments, likes or other forms of harassing communications to any users of the Services;
- Interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Specifically, you shall not inject content or code or otherwise alter or interfere with the way any page on our website is rendered or displayed in a user’s browser or device;
- Use any automated process (e.g. robot, spider, crawler, scraper) to access or use the Services or use any process, whether automated or manual, to capture data or anyone’s User Content from any Service for any reason;
- Compromise the security of the Services or user information;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with Rezility or that we have endorsed you or any product, services, brand or entity without our express written consent to do so; or
- Develop any third-party applications that interact with User Content or the Services without our prior written consent.
DISCLAIMERS; LIABILITY LIMITS
NO WARRANTIES: YOU AGREE YOUR USE OF AND ACCESS TO ALL OR ANY PART OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOTWITHSTANDING ANYTHING CONTRARY HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR USE OF THE SERVICES OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT AND/OR USE OF THE SERVICES. WE ARE NOT LIABLE IF WE ARE UNABLE TO PROVIDE THE SERVICES (OR ANY PART THEREOF), INCLUDING WITHOUT LIMITATION DUE TO, DIRECTLY OR INDIRECTLY: (a) THE FAILURE OF ANY MERCHANT TO SATISFY ANY COMPLAINTS, AGREE TO ACCEPT RETURN OF ANY GOODS, REFUND ANY AMOUNTS PAID OR OTHERWISE COMPLY WITH THESE TERMS, (b) THE FAILURE OF ANY PART OF THE SERVICES, ANY WIRELESS CARRIER, TELECOMMUNICATIONS OR ELECTRICAL FAILURE, (c) ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND REZILITY’S REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS REGARDING THE PERIOD OF TIME WITHIN WHICH WE BE ABLE TO PRESERVE YOUR USER CONTENT.
IN NO EVENT SHALL ANY OF THE REZILITY PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, LOST REPUTATION, LOST BUSINESS OR GOODWILL, OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE DISCLAIMERS AND LIMITATIONS OF OUR LIABILITY SET FORTH IN THIS AGREEMENT INCLUDE, WITHOUT LIMITATION, DAMAGES FOR, ARISING OUT, OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, ANY BREACH OF THESE TERMS OR ANY CLAIM BY YOU OR ANY THIRD PARTY. IN ANY CASE, OUR SOLE LIABILITY TO YOU IS LIMITED TO THE LESSER OF ANY FEES ACTUALLY RECEIVED FROM YOU BY US DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR $5.00. THE PROVISIONS HEREOF ALLOCATE THE RISKS BETWEEN US AND YOU. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Indemnity: You agree to indemnify us and hold harmless our company and its officers, directors, managers, members, suppliers, strategic alliance partners, agents and employees, and Rezility’s affiliates (collectively, the “Rezility Parties”), from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of or related to your use of the Services. Your indemnification of Rezility Parties includes, without limitation, third-party claims of any nature or sort, any infringement, injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of the Services and/or your breach of these Terms.
Dispute Resolution: Any claim between you and any participating merchant shall be handled directly by the applicable merchant in accordance with its policies. Any claim between you and us arising out of or related to these Terms and/or the Services shall be resolved exclusively within the federal and state courts residing within Howard County, State of Maryland, U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek equitable relief in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of its intellectual property rights.
YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE RELATING TO US, THE SERVICES AND/OR THESE TERMS. You also Waive Any Class Action Claim.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class actions, private attorney general actions, consolidation of your dispute with any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and a court will have no jurisdiction to hear such claims.
If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Notices and Procedures for Copyright or Trademark Infringement Claims: We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that your work as displayed on the Services has been copied in any way that constitutes copyright or trademark infringement, please notify us in writing at the address shown below. Your written notice should include: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of a right that is allegedly infringed; (ii) a description of the copyrighted work or trademark that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable us to locate the material on our website(s); (iv) your name, address, telephone number, email address and all other information reasonably sufficient to enable us to contact you; (v) a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright or trademark owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner or licensee of a right that is allegedly infringed. Upon receipt of notices complying with the DMCA or other applicable law, we will act to remove or disable access to any infringing material and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Notices of copyright or trademark infringement should be directed to:
Enterprise Technology Company LLC
11000 Broken Land Parkway
Columbia, MD 21044
Attn: Rezility Administration
By email: email@example.com
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL OR TRADEMARK MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Miscellaneous: You may not assign your rights or obligations hereunder without our prior written consent. These Terms, our Privacy Notice, and all other documents referenced herein, represent the entire agreement between you and us, which may only be amended as described herein. If any part of these Terms are found invalid, the balance of these Terms shall remain enforceable; provided, however, that the Services shall not be offered where prohibited by law. The provisions addressing our proprietary rights, disclaimers and limitations of liability, indemnity and this Miscellaneous Section shall survive expiration or termination of your Account. The failure to enforce any of these Terms or Privacy Notice on any occasion shall not prevent enforcement on any other occasion or the enforcement of any other Term hereof, or any provision of our Privacy Notice. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
Other Documents: By using or accessing the Services, you agree that we can collect and use such content and information in accordance with these Terms the Privacy Notice as amended from time to time. You may also want to review the following documents, which provide additional information about your use of Rezility:
- Community Guidelines: These guidelines outline our expectations regarding the content you post to Rezility and your activity on the Services.
Contact Us: If you have any questions about us or any of the Services, please email us at either firstname.lastname@example.org (for service-related inquiries) or email@example.com (for legal or compliance-related inquiries).