Below is our privacy policy for information on how we collect, use and disclose personally identifiable information from our users:
DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.
REGISTRATION DATA; ELIGIBILITY
To access certain areas and features of the Service, you may be required to register with Relay. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via by us (the "Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to Relay, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Relay. Relay is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You are under no obligation to use or continue to use the Service and may stop using the Service without notice to Relay.You may not use the Service if you are under 13 years of age (or the age of majority in your jurisdiction).
GRANT AND RESTRICTIONS
Subject to the terms, conditions and limitations set forth in these Terms, Relay grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Relay that replace and/or supplement the original Application, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your right to use of the Application will immediately cease, and you will have infringed the copyright and other rights of Relay, which may subject you to prosecution and damages. Relay reserves all rights not expressly granted to you in these Terms.
RECOMMENDATIONS
Relay attempts to be as accurate and helpful as possible. Relay may, through the Service, provide offers for local products and services available from third parties. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Relay makes no guarantee or warranty about any of these services or products, and you agree that Relay will have no liability related to such services or products purchased. If you have reason to believe that a third party product or service you purchased as a result of a recommendation from the Service does not meet your expectations, you must work solely with the third party product or service to resolve your claim. Relayreserves the right, at its sole discretion, to not make a recommendation for a requested product or service.Relay may, through the Service, provide assistance with ordering third party services or products when requested via the Service. Relay does not process payment and will send you to the third party vendor or a third party payment processor to collect your payment. Payments processed are governed by the terms of service of the payment processor, not Relay. Charges will include all taxes, including sales tax, excise tax, and value added tax, when applicable. We do not issue Value Added Taxes (VAT) invoices for any purchases made through the Service. We will not book any services or products which include alcohol, adult entertainment, or any other services or products which we deem to be undesirable, in our sole discretion. Relay makes no guarantee or warranty about any of these services or products, and you agree that Relay will have no liability related to such services or products purchased.
CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS
In exchange for Relay providing you with access to the Service, you consent to Relay collecting and using technical data, personal information and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system, location, and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services. You also consent to our communicating with you about the Service.
COMPATIBILITY WITH MOBILE DEVICES
Relay does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
CARRIER CHARGES
The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.
NO EMERGENCY SERVICES
The Service is not able to provide any emergency assistance. If you have an emergency, do not use the Service and please call 911.
ELECTRONIC COMMUNICATIONS
When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
THIRD-PARTY INTERACTIONS
Your use of the Service and your contact, interaction or dealings with any third parties arising out of your use of the Service is solely at your own risk. The recommenders used by Relay are independent contractors and not agents or employees of Relay. Relay is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these recommenders or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
YOUR CONDUCT
You agree that you are solely responsible for your conduct while using the Service and that you will not do any of the following in connection with the Service:Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;Harass, threaten, or intimidate Service employees with inappropriate language or behavior;Collect any personally identifiable information about other users (except as specifically authorized by Relay), or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users of the Service;Use the Service for any commercial purpose;Use the Service for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or polices established from time-to-time by Relay;Create an account, post any content, or otherwise use the Service if you are not at least 13 years of age;Modify, adapt, hack, reverse engineer, or emulate the Service;Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and infringe upon or violate the rights of Relay, our users or any third party.Relay will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Service. Your use of the Service is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at Clegg Venture’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.
THIRD-PARTY CONTENT
Relay may provide third-party content via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. Relay does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Relay is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.
ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
Relay may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service, in accordance with our privacy policy. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Relay is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Relay advertisers or third-party information accessible via the Service.
TRADEMARKS
The Relay name and logo are trademarks or registered trademarks of Relay, Inc. in the United States and in various international jurisdictions. These marks may not be reproduced or used without Relay'sprior written permission. You may not use any metatags or any other “hidden text” using “Relay” or any other name, trademark or product or service name of Relay without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Relay and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners.
OWNERSHIP
The Service (including, but not limited to, the Application) contains the valuable proprietary content of Relay and our licensors and is protected by copyright and other intellectual property laws and treaties. You will not use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of these Terms.
TERMINATION OR MODIFICATION OF APPLICATION
Relay reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Relay be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).
TERMINATION
If you breach any of the terms or conditions of these Terms or Relay discontinues the Application, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application, if any, in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the License section will not survive termination of these Terms. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of Relay. Relay and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the Application that you have downloaded. Cancellation may result in the immediate deletion of any content that you have submitted to Relay. Although your content may not be accessible we may keep such Content for a reasonably commercial time for legal and internal purposes.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, location, posted materials, IP addresses and traffic information.
INFORMATION AND PRESS RELEASES
The Application may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RELAY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT RELAY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. RELAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY RELAY OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
INDEMNIFICATION
You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of these Terms or your violation of the rights of any third party; or (iii) any User Content you share.
LIMITATION OF LIABILITY
IN NO EVENT WILL RELAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF RELAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL CLEGG VENTURE’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.
COPYRIGHT COMPLAINTS
If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. See 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Relay has adopted a policy of terminating, in appropriate circumstances and at Clegg Venture’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Relay may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
APPLICABLE LAW AND VENUE
The Terms and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms, you and Relay will submit to the exclusive jurisdiction of the state and federal courts in the State of Utah.
EXPORT LIMITATIONS
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
US GOVERNMENT RIGHTS
The Application and related documentation are “Commercial Items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through § 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
MISCELLANEOUS
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. Only you and Relay are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.
OUR CORPORATE ADDRESS
Relay
3301 North Thanksgiving Way, Lehi, UT 84043
You may also contact our member support team at support@relayapp.us.
Security of your Personal Information
You are responsible for safeguarding and preventing unauthorized access to the user information and password that you use to access the Relay website. You agree not to disclose your password to any third party and you are responsible for any activity using your account, whether or not you authorized that activity. You must immediately notify Relay of any unauthorized use of your account. Relay endeavors to secure your personal information from unauthorized access, use or disclosure by putting into place physical, electronic and managerial procedures to safeguard the information we collect through this Site. For example, when we collect credit card information, we use a secure server with Secure Socket Layer (SSL) encryption software and store such credit card information using encryption methods designed to prevent unauthorized access. Additionally, your account information is accessible online only through the use of a password.
Children Under Thirteen Relay does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
This website (the “Site”) is operated by Relay, Inc. (referred to herein as “Relay”, “we”, “us”, and “our”). Your use of the site is subject to the following terms and conditions.
Consent: By accessing this Site, you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not accept these terms, do not use the Site. If you find any material on the Site objectionable, you should not use the Site.
Additional Terms: There may be special terms applied to certain services such as subscriptions, purchases, contests or other features. These terms are posted in connection with the applicable service.
Intellectual Property Rights: The materials, functions and content contained in this Site are our property and are protected by applicable copyright and trademark law. You may not use our trademarks, service marks, logos, trade dress, trade names, employee names, copyrights, information, content, data, images, photographs, audio and video material, distinctive phrases used by us, artwork, text, graphics, multimedia content, compilations, and other material that you see or read on the Site and all related code and material of any kind or nature (collectively, the “Content”). You agree not to reproduce, duplicate, copy, sell, re-sell or exploit our Content without the prior written consent of us or the rightful owner of such Content. We grant you a limited, revocable, non-transferable license to access and download Content that is specifically configured on the site to enable the download of particular Content. In this case, you may download one copy of such Content to a single computer for your personal, non-commercial home use only given that you keep intact all copyright and other proprietary notices, and do not modify the Content. We reserve the right to refuse services and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests. Revisions, Modifications, and Errata: We reserve the right to change, modify, add or remove any part of these terms at any time without prior notice. Any changes are effective as of the date they are posted. Your continued Site use means that you understand and accept these changes.
The materials on our Site may include technical, typographical, or photographic errors. We do not warrant that any of the materials on our Site are accurate, complete, or current. We may make changes to the materials on the Site at any time, without notice. However, we do not make any commitment to update the materials.
Links: We have not reviewed the websites linked to our Site. We do not control and are not responsible for any such websites. We do not endorse or represent any information or materials available on other linked websites. Any websites accessed from links provided on our Site must be done at your own risk.
Privacy: Please review our privacy policy for better understanding of how we respect your privacy.
Persons under the age of 18 may not enroll as Brand Partners or customers. The Site is not intended for children under 18. If you are less than 18 years old, you may browse the Site but may not make any purchases or provide your information to us. We do not solicit or knowingly collect personal information from children under 18.
Use of Site: We grant you a personal, non-commercial, non-exclusive, limited, revocable, non-transferable license to access and use the site, conditioned upon your continued acceptance of and compliance with these Terms of Use. Your access and use of the site is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, modify, copy, publish, display, transmit, link, sell, license, or in any way exploit the content of the Site. We do not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the internet or other communication networks.
Rules of Conduct: By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that: is defamatory, abusive, harassing, threatening or an invasion of a right of privacy of another person, bigoted, hateful, or racially or otherwise offensive, violent, vulgar, obscene, pornographic, or otherwise sexually explicit, or reasonably expected to harm any person or entity. Is illegal or encourages or advocates any illegal activity or discussions (iii)Infringes or violates any right of a third party including, but not limited to: copyright, patent, trademark, proprietary rights, right of privacy, distribution of another’s personal information, confidentiality obligation (iv)Is commercial, business related or advertises or offers to sell any products, services, or solicits othersContains a virus or other harmful component, or tampers with, impairs or damages the site or connected network, interferes with any persons use of the site, or (vi)Does not generally pertain to the designated topic or theme of the public forum, violates and applicable restrictions, is disruptive or destructive in any way.
Consent to Receive Communications: By accessing and using the Site and its features and/or creating an account, you consent to receive any communications related to these Terms of Use, your account, and your use of the Site (collectively, “Communications”) via email and SMS. If you do not wish to receive Communications, you must notify us. Your consent to receive such Communications is separate from any elections you make to receive marketing and other promotional communications, which are elections governed by our Privacy Policy.
Accounts: Some services on this Site may require you to create an account to participate in or secure additional benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity in any way. You also agree to not allow any third party use of your account or password, promptly notify us of any unauthorized use of your account information or any other breach of security that you become aware of involving or related to the Site, exit from your account at the end of each session, not store account information on public or third party computers or devices. You understand and acknowledge that you are fully responsible and liable for all activities and charges including, but not limited to, product purchases that occur under your account or password. We are not responsible or liable for any loss, theft, damage or unauthorized use that arises from your failure to comply with these requirements.
We reserve the right to take necessary action to protect the security of your account, including, but not limited to, asking you to change your password, requesting additional information in order to authorize purchases or other actions under your account, or terminating your account for failure to comply to these Terms of Use or for any other reason whatsoever.
Submissions: The word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audio, names or other materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Site.
If you submit, upload or post submissions to or through this Site, you grant us a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
Any submitted materials or information must be true, accurate, authorized and complete. You agree that you will not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law. Submissions may not contain viruses, Trojans, worms or any other programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware and must not infringe any intellectual property of any individual, entity, or third party or violate the privacy of individuals. You are solely responsible for Submissions you distribute on or through the site.
You should be cautious about information provided by others and acknowledge that any Submission posted is at your own risk. We are not responsible for and do not endorse the opinions, advice or recommendations posted or sent by users in any public forum including, but not limited to, a chat area, message board, conversation page, or blog. We disclaim any and all liability in connection therewith.
We may, at any time, refuse, modify or delete Submissions if it deems inappropriate, illegal, or harmful to others. We do not undertake any obligation to monitor the Site for such material.
Termination: We reserve the unrestricted right, in our sole discretion, to restrict, suspend, or terminate your access to or use of the site and/or to terminate the licenses granted herein at any time for any reason or no reason. You understand and agree that any termination of your access or use of the site may be affected without prior notice to you, and that such termination may result in the forfeiture and destruction of all information and content associated with you and your activities on the site.
Products: All materials and information, as well as any products, services, tools, applications, features, and functionalities, provided by us on or through the Site are for informational purposes only and are not in any way intended to provide medical or business advice or training. Nothing on the Site is intended to be used and should not be used for medical diagnosis or treatment, or to take the place of the advice of a physician or other qualified health provider. Any product recommendations provided on the Site or generated through any tools available on or through the Site are general recommendations only based on general factors and are not intended to be, and do not take the place of a medical diagnosis or individual consultation. Individual results from the use of our products will vary depending on the individual, and we make no guarantee regarding the results you may experience from using these products. None of our products are intended to diagnose, treat, cure, mitigate, or prevent any disease or disorder. All products should be used strictly in accordance with their instructions, warnings, and guidelines. We cannot account for individual sensitivities or reactions. We recommend that you carefully review the ingredient list for each product before purchase and consult with your physician or other qualified health provider before use, especially if you have any certain conditions or sensitivities. We strive to be as accurate as possible in describing our products and services on the Site, but make no warranty that product descriptions, colors, or other information contained on the Site is accurate, complete, current, or error-free. Colors may vary depending on your individual monitor settings. The Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors, inaccuracies, or omissions at any time without prior notice, including with respect to product pricing and availability. To the extent product orders are placed based on incorrect pricing or availability, we reserve the right to cancel such orders. Copyright Infringement Complaints: We respect the intellectual property rights of others and make every effort to secure appropriate clearances for all content available on the Site. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. This procedure is exclusively for notifying us that your copyrighted material has been infringed. The notification must be a written communication that includes the following:
Relay
3301 North Thanksgiving Way Lehi, UT 84043
Identification of the work(s) claimed to be infringed and a statement of ownership to such work(s);Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;Information sufficient to permit us to contact you including an address, phone number, and email address;
A statement that you have 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;
A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; andYour physical signature.
Disclaimer: Your use of the Site is at your sole risk. Any content or information contained within the Site is provided “as is” with no representations or warranties of any kind. We do not warrant that the functions on the Site will be uninterrupted or error-free, that defects in or on the Site will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components.
Any materials downloaded or obtained through the use of this Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. Under no circumstances will we be liable in any way for any materials including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the misuse of any material posted, emailed, or otherwise transmitted via the Site.
The Site and materials are for informational purposes only. You assume all responsibilities and obligations with respect to the use of Site materials to achieve your intended results. You assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use or application of any Site materials, including advice you give to any third party.
Limitations of Liability: You understand and agree that under no circumstances will we or our licensors, licensees, resellers, distributors, service providers or suppliers (collectively “Parties”) be held liable to you or any other person or entity for any damages of any kind or nature, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating in any way to the Site, the use or the inability to use the Site, unauthorized access to or alteration of your transmissions or data, the materials available on the Site, statements or conduct of any third party on or in connection with the Site, or any other matter relating to the Site or information contained within the Site, even if any of these parties have been advised of the possibility of any damages. Because some jurisdictions do not allow limitation of implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You irrevocably agree to defend and hold us and our parties harmless from and against all claims or demands regarding your misuse of the Site or any materials on the Site, any violation by you of any term of these Terms of Use, any submitted materials and your violation of any law or rights of another party. Indemnification under these Terms of Use shall include, but not be limited to, any liability or expenses, losses, damages (actual and consequential), suits, judgments, litigation costs, court costs, and attorney fees. This indemnification obligation will survive any termination of these Terms of Use.
Dispute Resolution: Most concerns can be quickly resolved by contacting our customer service department.
You agree that any cause of action you may have arising out of or related to these Terms of Use or the Site must occur within one (1) year after the cause of action accrues or the cause of action shall be permanently barred.
General Provisions: No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions, which will remain in force.
Governing Law and Venue: The laws of the State of Utah shall govern all matters relating to or arising from these Terms of Use and your use of the Site and any services, features, materials, applications, contests, or functionalities of the Site, without regard to conflict of law principles. Jurisdiction and venue of any matter not subject to arbitration shall reside in the Federal District for the District of Utah or any state court in Utah County, in the State of Utah, in the United States.
Contact Us: If you have any questions or concerns regarding the Terms of Use, please contact us.
Mailing Address:
Relay
3301 North Thanksgiving Way Suite 125
Lehi, Utah 84043
Email Address: support@relayapp.us
Last Updated: January 2, 2020
