Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AND IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS OLDER, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS ON YOUR BEHALF. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

iRYZE.com ("the Site") is owned and operated by iRYZE, LLC (“iRYZE”). The following terms (“Terms of Use”) govern your use of: (i) the content and information (“Site Content”) made available on the Site; and (ii) any iRYZE workbooks (also known as RYZERS) available for download (“Downloaded Content”). “Content” shall be deemed to include, without limitation, Site Content, Downloaded Content, product descriptions, iRYZE trademarks, service marks and logos and Submissions, as defined below in the Section entitled “Submissions.”

iRYZE reserves the right to change, modify, or remove portions of these Terms of Use at anytime. It is your responsibility to periodically check these Terms of Use for any such updates or modifications. BY USING AND/OR CONTINUING TO USE THE iRYZE.COM WEBSITE (FOLLOWING A MODIFICATION TO THESE TERMS OF USE), YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS, AS THE SAME MAY BE SUBSEQUENTLY MODIFIED OR CHANGED BY iRYZE. You also agree and consent to the Privacy Policy.

Registration
When you register with the Site, we will open up a registered user account. When you register, you represent that you are providing complete and accurate information about yourself, including accurate and up-to-date billing information. You agree to keep this information up-to-date. You are responsible for all activities under your registered user account, including all legal liability incurred from the use of your account by others. You are responsible for keeping your password confidential. You may not use the Site in any way that is unlawful or is in violation of these Terms of Use, guidelines or any policies posted on the Site.

Privacy
Our Privacy Policy explains the practices that apply to your information when you use the Site. Your ongoing use of the Site signifies your consent to the information practices disclosed in our Privacy Policy.

Your Use of the Site and Content
The Content is the property of iRYZE or its licensors and assigns and is protected by copyright, patent and trademark laws as well as other intellectual property and unfair competition laws, and may not be downloaded, reproduced, distributed, transmitted, modified or otherwise appropriated in any form or by any means, without the express written consent of iRYZE.

Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Downloaded Content License Terms and Digital Rights Management
Subject to your compliance with these Terms of Use, iRYZE hereby grants you a limited, non-sublicensable, nontransferable, nonexclusive license to use Downloaded Content (subject to the restrictions noted below) purchased by you through the Site for your own personal, noncommercial use. You shall not, except as expressly provided for herein,: (i) remove any proprietary notices and/or language from the Content; (ii) sell, distribute, download, or publicly display the Content received through the Site to anyone, including, but not limited to, others in the same organization, without our express prior written consent, which may be withheld for any reason; or (iii) make any modifications to the Content. In connection with the limited license provided for herein, the following shall apply:

Payment and Billing
All licenses to Downloaded Content are nonrefundable, non-returnable and may not be exchanged. You must select a payment method to pay us for any purchases you make from us. YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, OUR BILLING AGENT) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the Site and apply those charges to your next billing cycle. All purchases for Downloaded Content are final and nonrefundable. You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or credit card company. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Submissions
In these Terms of Use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through the Site. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”); and (b) that you Distribute on or through the Site for which you do not seek Consideration (such as in our Public Forums (as defined below). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

Our policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through the Site. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).

Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

Cooperation; Removal of Submissions
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Terms of Use, and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

Public Forum and Communication
"Public Forum" means an area, site or feature offered as part of the Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Site users, including a chat area, message board or social community environment.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.

Disclaimer of Warranties and Liability
THIS SITE AND THE CONTENT AND INFORMATION PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SITE ITSELF. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, DOWNLOADABLE MATERIAL OR ANY INFORMATION YOU OBTAIN FROM THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ANY NEGLIGENT ACT OR OMISSION OR ANY CONTINGENCIES BEYOND OUR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT OR INFORMATION THROUGH THE SITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO AMOUNTS PAID TO US BY YOU IN CONNECTION WITH YOUR USE OF THIS SITE.

Special Disclaimer
iRYZE.com does not warrant that the information contained in the Content is in every respect accurate or complete, and it is not responsible for any errors or omissions or the results obtained from the use of such information. Furthermore, the Content is not intended to be a substitute for professional advice. Reliance on any information appearing in the Content is strictly at your own risk.

Indemnification
You agree to indemnify and hold iRYZE, and its members, officers, directors, employees, affiliates, agents, subsidiaries, parents, distributors, and licensors and their respective assigns and/or successors-in-interest harmless form any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against iRYZE due to or arising out of your use of the Site and/or the Content or your breach of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Cancellation or Termination
Either you or we may cancel or terminate your registration or use of the Site at any time. Cancellation of your registration is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (i) any term of these Terms of Use or our enforcement or application of these Terms of Use; (ii) the information available on the Site or any changes we make to the Site; (iii) your ability to access and/or use the Site and/or Content; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. We may also terminate your license to all Content acquired from us in the event of any breach by you of the terms contained in these Terms of Use.

User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Electronic Transactions and Notice
Your affirmative act of purchasing or registering for the Site constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Site. We can send you electronic notices (i) to the e-mail address that you provided to us during registration or (ii) by posting the notice on the applicable Web page.

Links to other sites
iRYZE.com has not reviewed any of the websites which link to this Site or to which this Site links. iRYZE.com is not responsible for the content of any other websites or pages linked to or linking to its Site. iRYZE.com does not endorse or otherwise sponsor such links. Such links are provided solely for your convenience and information. Following links to any other websites or pages shall be at your own risk. These other websites or pages would have their own terms and conditions governing them. You should read these terms and conditions carefully before using other websites or pages.

General Terms