TERMS AND CONDITIONS
Relola, Inc. (“Relola,” “we,” “us”, “our”) provides www.relola.com (the “Site”) with the “Information” (as defined below) (collectively, the “Network”), subject to your agreement to abide by the terms and conditions set forth in this agreement (“Agreement”) and any separate agreement that governs your use of the Relola Services (defined below). This Agreement governs the relationship between Relola and you, our site visitor (“you” or “your”), with respect to your use of this Site and any other material related thereto. It is important that you carefully read and understand the terms and conditions of this Agreement. These Terms and Conditions are effective as of January 1, 2015.
By visiting or using the Site, including without limitation, (i) accessing, using, and/or downloading Information, (ii) accessing any user account you have with Relola, (iii) using any Relola service, including but not limited to Reloladex, Relola Reports, Agent Toolkit, your user account, etc. (“Relola Services”) (iv) sending messages, information, data, text, software or images, or other Information to us, or (v) using the Site to access any Relola product available for sale or download, including the Relola App (“Product”), you agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by this Agreement. If you do not agree to these terms and conditions, please do not use the Network.
This Agreement contains disclaimers of warranties & limitations on liability that may be applicable to you.
We reserve the right at any time to change the terms and conditions of this Agreement; change the Network, including eliminating or discontinuing any Information or other feature of the Network; change any price, fee or charge associated with the Network; or deny or terminate your use of and/or access to the Network.
Any change we make will be effective immediately upon our making such change available on the Network or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Network thereafter you accept such change. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Information and Products Provided in Connection with the Network
1.1 Please note that any Product made available on, by, or through the Network, as well as any Information provided on, by, or through the Network or as part of or in connection with a Product or otherwise, including but not limited to data, text, software, images, audio and video clips, links and references (collectively, the “Information”), are owned by Relola, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. You must retain all trademark, copyright, and other proprietary notices on downloaded or printed Information, and any such download or copy is subject to the terms and conditions of this Agreement and shall remain the property of Relola and/or its licensors and/or suppliers.
2. Limited Permitted Use of Information
2.1 The use of the Information is conditioned on your acceptance of any license agreement and/or other additional term or condition that is presented or provided in connection with any such Information, including agreements of third parties. By acquiring or using such Information, you agree to such terms and conditions. You may not download, copy, or use any of the Information except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit, or publicly display the Information without the written consent of Relola or, if so indicated in writing by Relola, its licensors or suppliers. You understand and agree that you may not authorize, encourage, or allow any Information used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise Relola promptly of any such unauthorized use. You acknowledge and agree that Relola reserves the right to, and may, retain or delete the information, music, photos, video, and other materials that you submit, at any time, in its sole discretion.
3. Code of Conduct
You agree not to:
3.1. restrict or inhibit any other visitor from using the Network, including, without limitation, by means of “hacking” or defacing any portion of the Network;
3.2. express or imply that any statement you make is endorsed by us, without our prior written consent;
3.3. transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us);
3.4. engage in spamming or flooding on or related to the Network or us;
3.5. upload any material that contains any virus, worm, or other files, scripts, or programs designed to damage or allow unauthorized access to the Network;
3.6. use the Network or Information in any manner that is unlawful, including accessing the Network or Information from any location where such access may be illegal or otherwise prohibited;
3.7. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Network or Information;
3.8. remove any copyright, trademark, or other proprietary right notice contained in or on the Information or Network;
3.9. “frame” or “mirror” any part of the Network without our prior written authorization;
3.10. link to any page or content on any website other than the Network;
3.11. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Network or Information;
3.12. harvest or collect information about any Network visitor without his or her express consent. When using the Network or Information, you agree to comply with all applicable laws, rules and regulations.
4. Ownership and Restrictions
4.1 The Network is owned and operated by Relola and/or in conjunction with others pursuant to contractual arrangements, and the Information (and any intellectual property and other rights relating thereto), unless otherwise indicated, is and will remain the property of Relola and its licensors and suppliers. The Information is protected by U.S. and international copyright, trademark, patent, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Network or Information or any Product without our prior written permission. The Information, Network and Products be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Relola or, if so indicated in writing by Relola, its licensors or suppliers. Use of the Network or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership right by using the Network or Information.
4.2 The trademarks, logos, and service marks displayed on the Network (collectively, the “Trademarks”) are the registered and unregistered trademarks of Relola, our licensors and suppliers, or others. Nothing contained on the Network should be construed as granting, expressly or by implication, estoppel or otherwise, any license or right to use any of the Trademarks without the express written permission of Relola, our licensors or suppliers, or the third-party owner of such Trademarks. Absent such express written permission, use of the Trademarks is expressly prohibited.
5. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material hosted by Relola infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Relola to locate the material on the Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Relola a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent by mail to the following address: Relola, Inc., 1339 61st Street, Emeryville, CA 94608 Attn: Copyright Agent [ ] We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Network, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Network shall immediately cease, and you shall destroy all copies of information that you have obtained from the Network, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Relolas rights of ownership shall survive any termination.
7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE NETWORK (INCLUDING ALL INFORMATION) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) RELOLA AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELOLA’S REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTY THAT THE INFORMATION AND SITE IS CURRENT AND/OR UP-TO-DATE. RELOLA’S REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION OR NETWORK, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE NETWORK OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE NETWORK, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE NETWORK AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF RELOLA OR ANY OF RELOLA’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR PRODUCTS OR INFORMATION SHALL CREATE ANY WARRANTY.
7.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Network or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.
7.3 RELOLA AND RELOLA’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE NETWORK AND/OR INFORMATION. RELOLA AND RELOLA’S REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE NETWORK AND/OR THE INFORMATION BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THIS WEB SITE.
7.4 THROUGH YOUR USE OF THE NETWORK AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. RELOLA’S REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
7.5 A possibility exists that unauthorized alterations could be made by third parties to the Information and/or Network. In the event that a situation arises in which the completeness or correctness of the Network or Information is in question, please contact us at firstname.lastname@example.org with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.
7.6 YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAWS THAT VARY FROM STATE TO STATE.
8. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER RELOLA NOR ANY OF RELOLA’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE NETWORK, INFORMATION, PRODUCTS, AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS NETWORK, THE INFORMATION OR ANY LINKED SITE IS TO STOP USING THE NETWORK, THE INFORMATION, OR LINKED SITE, AS APPLICABLE. RELOLA’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE NETWORK, INFORMATION, AND/OR PRODUCTS, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE NETWORK, INFORMATION, AND/OR PRODUCTS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully indemnify, defend and hold Relola, any of Relola’s representatives, and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any material you submit to us or transmit to the Site infringes or otherwise violates the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.
10. Jurisdictional Issues
We make no representation that the Information and/or Network is appropriate or available for use in all jurisdictions outside the United States. Those who choose to access the Network from jurisdictions outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Ability To Contract
You affirm that you are at least 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
12. Contacting Relola Regarding the Network
Should you have any question, comment, or complaint regarding this Agreement or the Site, please contact us at: support[AT]relola.com
13. Notice for California Users
Under California Civil Code Section 1789.3, California Network users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Choice of Language
The parties to this agreement have expressly requested and required that this Agreement and all other related documents, be drawn up in the English language.