Ryft – Website Terms of Service

THE FOLLOWING TERMS OF SERVICE (THE "TERMS") GOVERN ITS USER(S) ("YOU", "YOUR" OR "USER") ACCESS AND USE OF OUR WEBSITE FOUND AT https://www.ryft.io/, INCLUDING ANY APPLICABLE SUBDOMAINS (THE "WEBSITE"), WHICH IS OWNED AND OPERATED BY RYFT DATA, INC. ("RYFT" "WE", "OUR", "US" OR THE "COMPANY"), DIRECTLY OR VIA OUR AFFILIATES.  THE WEBSITE IS PROVIDED SOLELY FOR YOUR OWN USE. BY ACCESSING OR USING OUR WEBSITE, OR CLICKING "I AGREE" OR A SIMILAR BUTTON OR BOX, YOU AGREE TO THESE TERMS. YOUR USE OF THE WEBSITE IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE AND CONSENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS YOU SHOULD IMMEDIATELY STOP USING THE WEBSITE. 

Your use of the Website may be subject to additional guidelines, terms or policies, including our Privacy Policy, available at https://www.ryft.io/legal/privacy-policy, our Copyright Policy, available at https://www.ryft.io/legal/copyright-policy along with such other policies of which you may be notified by us from time to time, all of which may be modified by us in accordance with their applicable provisions.

1. REPRESENTATIONS & WARRANTIES

By using the Website, you hereby represent and warrant that: (1) if you are an individual or an individual accepting these Terms on behalf of a legal entity, that you are at least 18 years old or of sufficient legal age to accept these Terms in accordance with the laws of your jurisdiction; (2) if you are an individual accepting these Terms on behalf of a legal entity, you are authorized to do so. You further represent, warrant and undertake that: (i) you will access and use the Website in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and these Terms of Service; (ii) you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you and all such information and content, without breach of contract or applicable laws and regulations (a) are true, accurate, current and complete and we may rely on such information and content; (b) are not meant to harm Ryft or any third party;  and (c) do not contain or include viruses, malware or other malicious code.

2. USE RESTRICTIONS

The Website and the content available thereon are provided to you for information purposes. You may use the Website for your information purposes and to contact us but you may not (a) make available or use the information on the Website on any other platform or for the benefit of any third party; (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Website or the Content (as defined below) for any commercial purposes; (c) use any Website or Content, to transmit any illegal, immoral, unlawful and/or unauthorized materials, or interfere with or violate users' rights to privacy and other rights, or harvest or collect personally identifiable information about users without a legal base; (d) send "spam" or unauthorized commercial communications; (e) use the Website, to transmit or otherwise make available any malicious code, including any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (f) interfere with or disrupt the integrity, performance or operation of the Website, or any part thereof, including any servers or networks provided by third party service providers; (g) gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Website, or access the Website via automated means (including "crawlers" and "spiders"); (h) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble the Website or the Content, or any material that is subject to our proprietary rights, including without limitation for non-internal or commercial purpose (i) simulate or derive any source code or algorithms from the Website, or use the Website or Content to develop a competing product or service; (j) misrepresent or impersonate any person or entity, or falsely state your affiliation, or express, imply that we endorse you in any manner, or represent or distribute inaccurate information about the Website and (k) attempt or assist another in doing any of the foregoing.

3. CONTENT; TRADEMARKS; PROPRIETARY RIGHTS

"Content" means any information, data, text, photos, graphics, in static or interactive feature, which is provided or otherwise made available to you through the Website. The Content is owned and/or licensed by the Company. You are prohibited from using the Content for any purpose, including, without limitation, copying or making any alteration of or derivative works based upon it, and the Content is at all times subject to these Terms. 

Any and all trademarks, logos, service marks, product names, and trade names of the Company appearing on or through the Website are exclusively owned by the Company or its affiliates. All other trademarks, logos, service marks, product names, and logos appearing on or through the Website are the property of their respective owners. You may not use or display any trademark, logo, service mark, product name, trade name, or logo appearing on the Website without the owner's prior written consent.

Between you and the Company, the Company retains sole and exclusive ownership of all rights, titles and interests in the Website, the Content and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Website, the Content and the Company's technology related and described herein. 

4. LINKING TO OUR WEBSITE; THIRD PARTY WEBSITES & SERVICES

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, or breach any contract, policy, applicable law or regulation.

The Website may contain links to websites or pages that are not maintained by Company, or online services by third parties. Links to third party websites and applications are provided for your convenience and information only. Third party websites and services are not under the Company’s control, and the Company is not responsible for the content or accuracy of those sites or the products or services offered on or through them. The inclusion of a link through the Website does not imply the Company’s endorsement of the third-party website or service, or that the Company is affiliated with the third-party websites' or services' owners or sponsors.

You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, services resources or advertisements, or as a result of your reliance on the completeness, accuracy or existence of any advertising, products, services or other materials on, or available from, such websites or resources. We recommend that you be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit or third-party service you elect to choose.

5. PRIVACY

We will use any personal information that we may collect or obtain in connection with the Website in accordance with our privacy policy which is available at https://www.ryft.io/legal/privacy-policy.

6. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH UNDER THE TERMS, THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS, WILL BE FREE FROM VIRUSES, WHILE  RYFT ATTEMPTS TO PROVIDE ACCURATE CONTENT, WE DO NOT REPRESENT OR UNDERTAKE THAT DATA AND CONTENT OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CURRENT, OR THAT THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE PERFORMANCE AND RESULTS OF YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS. 

7. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR IMPROPER USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RYFT FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE THE WEBSITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RYFT FOR USING THE WEBSITE DURING THE THREE (3) MONTHS PRIOR TO THE LAST EVENT GIVING RISE TO LIABILITY OR, IF NO FEES WERE PAID, $100. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

8. INDEMNITY

You agree to indemnify, defend, and hold harmless the Company, its affiliates and their respective  employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) your breach of these Terms; (b) your use, attempted use or inability to use the  Website; or (c) your violation of any law or regulation.

9. TERM AND TERMINATION

These Terms are effective until terminated by either party. The Company, in its sole discretion, has the right to terminate these Terms and/or your use of or access to the Website, or any part thereof, immediately at any time and with or without cause. The Company shall not be liable to you or any third party for termination of the Website, or any part thereof. You may stop using the Website at any time. If you object to any provision of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website. Sections ‎2-‎3, ‎6-‎9 and ‎11 shall survive termination of these Terms.

10. UPDATES

Ryft has the right to update these Terms from time to time, with or without notice, at our sole discretion; we encourage you to review the Terms regularly. The last revision will be reflected in the "Last Updated" heading. Your continued use of our Website following any such amendments or updates will be considered as your consent to the amended Terms. At all times, the latest version of these Terms shall be binding and prevail over any other version.

11. MISCELLANEOUS 

These Terms constitute the entire agreement between the parties concerning the subject matter hereof. These Terms shall be governed by the laws of the state of New York without giving effect to any principles of conflicts of laws thereof, and the eligible courts in New York County, New York shall have exclusive jurisdiction and venue over all disputes between the parties related to these Terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein without the express written consent of the Company. The Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. The failure of the Company to act with respect to a breach of these Terms by you or others shall not constitute a waiver and shall not limit the Company's rights with respect to such breach or any subsequent breaches. You and Ryft are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Ryft.

12. CONTACT US

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy https://www.ryft.io/legal/copyright-policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@ryft.io.