General Terms and Conditions of UseLast Updated: January 24, 2015
By accessing, browsing or using this Breakbox, Inc. dba Ryze ("Ryze") website (the “Site”), including without limitation by purchasing any products (the "Products") or services (the "Services") or creating a user account on the Site, you, the customer, ("you" or “Customer”) accept, without limitation or qualification, and agree to be bound by these General Terms and Conditions of Use. These General Terms and Conditions of Use shall constitute the complete agreement with respect to the Site, Products and Services.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE.
With respect to the purchase of the Products and Services from the Site, (1) if these General Terms and Conditions of Use are construed to be an offer, this offer expressly limits acceptance by Ryze to the terms of this offer and notice of objection to any different or additional terms is hereby given; and (2) if these General Terms and Conditions of Use are construed to be an acceptance of an offer, this acceptance is expressly conditioned upon Ryze’s assent to any different or additional terms contained in these General Terms and Conditions of Use.
1. Use; Accounts; Amendments & Termination
A. Use of the Site. Ryze grants you a personal, limited, non-transferable, non-exclusive license to access and use the Site. You may use the Site only for your own noncommercial personal use and in compliance with these General Terms and Conditions of Use. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Ryze. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part, without the express written permission of Ryze.
B. Accounts. Upon registration of the Customer’s user account, the Customer affirms its acceptance to these General Terms and Conditions of Use and confirms that it has read and accepted these General Terms and Conditions of Use. Any access codes or passwords provided in connection with any user account should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords.
C. Amendments & Termination. Ryze reserves the right, in its sole discretion and without notice to you, to revise the Products and Services available on the Site and to change, suspend or discontinue any aspect of the Site and Ryze will not be liable to you or to any third party for doing so. Ryze may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes. Ryze may, at any time and without notice, modify these General Terms and Conditions of Use by revising them on the Site. Any purchases made or use of the Site after the date of any such modification shall be controlled by the modified version. Customer should therefore periodically visit this page to review the current General Terms and Conditions of Use. Customer may not modify these General Terms and Conditions of Use except in a writing signed by Ryze. Even after your right to use the Site, Products and Services is terminated, these Terms and Conditions of Use will remain enforceable against you. You may terminate these Terms and Conditions of Use at any time by ceasing all use of the Site, Products and Services. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of these Terms and Conditions of Use with respect to Customer.
2. Product Information and Orders; Terms of Purchase
A. Product Information and Orders. Ryze aims for information contained on the Site (excluding User Submissions) to be complete and reliable. Certain information on the Site may contain pricing errors, typographical errors and other errors or inaccuracies, which Ryze may correct without liability. Ryze also reserves the right to limit quantities purchased by Customers and to revise, suspend, or terminate an offering of Products or Services (including any special event or promotion) at any time without notice (including after an order has been submitted or acknowledged). Ryze does not guarantee that all Products and Services described on the Site will be available. These General Terms and Conditions of Use will apply to each order that you place through the Site.
B. Delivery Times. Ryze aims to meet the delivery times provided to the Customer after an order has been placed. However, Ryze reserves the right to adjust the delivery time for the entire or parts of any order. If you wish not to complete a purchase because of such an adjusted delivery time, then you are entitled to cancel the order with respect to the delayed part. Cancellations must be notified without undue delay. The right to cancel is the only and exclusive remedy available to you because of delays. Any order placed through the Site is binding on the Customer. Ryze reserves the right to decline any order.
C. Risk of Loss. Any Products purchased from the Site will be shipped by a third party carrier. As a result, title and risk of loss for such Products will pass to you upon Ryze's delivery to the carrier.
D. Taxes. Sales taxes, use taxes, or similar taxes will be added where imposed. Your total price will include the price of the Products and Services plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Products and Services.
E. Force Majeure. The conditions of a delivery are contingent upon any causes beyond Ryze’s control including but not limited to Ryze’s inability to acquire the necessary materials, acts of God, war, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, forces of elements, strikes, labor disputes, machinery breakdowns or shortages of or inability to obtain shipping space or transportation.
3. Proprietary Rights
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Site are proprietary to Ryze and its affiliates and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Except as expressly set forth in these General Terms and Conditions of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these General Terms and Conditions of Use are reserved by Ryze.
4. User Submissions
In connection with User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Ryze all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Ryze or any third party; or (iv) impersonates another person. Ryze reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person.
Ryze does not endorse any User Submission or any opinion, recommendation or advice therein, and Ryze expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions of other users that are inaccurate, offensive or otherwise objectionable, and you hereby agrees to waive and hereby do waive any legal or equitable rights or remedies you may have against Ryze with respect thereto.
5. Warranty Disclaimer
You assume all responsibility and risk with respect to your use of the Site and any Products and Services.
THE SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SITE OR ANY SITE LINKED TO THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS OR TIMELINESS, WHICH ARE DISCLAIMED BY RYZE. SPECIFICALLY, BUT WITHOUT LIMITATION, RYZE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Ryze may provide links to websites owned or operated by third parties. Ryze makes no warranties of any kind regarding any other sites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Ryze makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites. Ryze does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
6. Limitation of Liability
YOU AGREE THAT RYZE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SITE, PRODUCTS OR SERVICES; OR (II) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE WEBSITE OR LINKS TO OTHER WEBSITES FROM THE SITE, EVEN IF RYZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT RYZE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL RYZE'S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING UNDER THESE GENERAL TERMS AND CONDITIONS OF USE EXCEED THE AMOUNTS PAID BY YOU TO RYZE IN CONNECTION WITH THE PRODUCT, SERVICE OR EVENT GIVING RISE TO SUCH LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
8. General Provisions
A. Entire Agreement. This writing evidences the entire agreement between the parties and supersedes all prior written or oral representations or agreements. This Agreement may not be altered, modified, or waived orally, by course of performance, course of dealing or usage of trade.
B. Severability. A holding or declaration that any term or condition of these General Terms and Conditions of Use is void and unenforceable shall not render void or unenforceable any other term or condition of these General Terms and Conditions of Use. In such an event, such term or condition shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid term or condition within the limits of applicable law or legal decisions.
C. Waiver; Remedies. The failure of Ryze to exercise any rights or the waiver of Ryze of any breach of these General Terms and Conditions of Use by you shall not prevent a subsequent exercise of such right by Ryze or be deemed a waiver by Ryze of any subsequent breach by you of the same or any other term of these General Terms and Conditions of Use. The rights and remedies of Ryze under these General Terms and Conditions of Use and any other applicable agreement between you and Ryze shall be cumulative, and the exercise of any such right or remedy shall not limit Ryze's right to exercise any other right or remedy.
D. Governing Law. All questions, disputes or actions arising in connection with this Agreement shall be construed, resolved and governed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions and excluding the United Nations Convention on the International Sale of Goods.
Use of your Personal Information
Ryze collects and uses your personal information for the purposes described in this Policy or elsewhere on the Site.
For example, Ryze may use personal information it collects:
• to operate and facilitate your use of the Site and deliver the services you have requested
;• to respond to your communications and requests, provide customer service, request feedback, and otherwise contact you about your use of Ryze;
• to inform you of other products or services available from Ryze and its affiliates and to otherwise provide you with news and information about events, activities, offers, promotions, products, and services we think will be of interest to you;
• conduct research about your opinion of current services or of potential new services that may be offered; and
• to monitor and analyze Site usage and trends and to keep track of the websites, pages and activities of our users visit within Ryze, in order to determine what Ryze services are the most popular in order to deliver customized content and advertising within Ryze.
Changes to this Statement
Ryze will occasionally update this Statement of Privacy to reflect company and customer feedback. Ryze encourages you to periodically review this Statement to be informed of how Ryze is protecting your information.
Ryze welcomes your questions or comments regarding this Statement of Privacy. If you believe that Ryze has not adhered to this Statement, please contact Ryze: firstname.lastname@example.org.