RALLY Terms of Use/End User License Agreement
Rally Social, LLC (“Rally” or “us” or “we” or “our”) owns and operates the rallysocial.io web site (the “Site”) and a related mobile application (“App”), through which Rally provides and makes available a social media and content sharing platform (collectively with the Site and App, the “Service(s)”). These Terms of Use/End User License Agreement (“Agreement”) apply to anyone (“you”) who signs up for a Rally account (“Account”) or otherwise uses the Services. All use of Rally’s Services by you and any other Account holder or user of the Services is subject to the terms and conditions contained in this Agreement.
This Agreement only applies to the Services identified above. Other sites, apps, services, or other online content may have their own terms or conditions which should be reviewed.
This Agreement is effective as of: March 5, 2026
IMPORTANT, PLEASE READ CAREFULLY: THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND RALLY, GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES, AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES. BY REGISTERING AN ACCOUNT FOR THE SERVICES, BY CLICKING ANY BOX OR BUTTON INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY OTHERWISE ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. ACCORDINGLY, YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY YOU REPRESENT AND WARRANT THAT: (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND MAY BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT; AND (2) SUCH ENTITY HAS FULL POWER AND AUTHORITY, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. THE SERVICES ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO BE SO BOUND, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY OTHER RALLY SERVICES. DO NOT USE THE SITE, ANY OF ITS CONTENT, OR OTHER RALLY SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
Rally may offer promotions, sweepstakes, contests, or features that have their own special terms, and to the extent any portion of those special terms conflict with the terms of this Agreement, the special terms will govern for that specific portion unless stated otherwise.
You understand and agree that Rally may modify this Agreement at any time without prior notice. You should visit the Site from time to time to review the current version of this Agreement. In the event of a modification to this Agreement, you will be prompted to accept the Agreement as modified when you next log in to the Services. If you do not accept the terms of the Agreement as so modified, you shall not be permitted to log in to the Services. You may read a current, effective version of this Agreement at any time by selecting the applicable link on the Site. By using the Site or any other Rally Services subsequent to any modification of this Agreement, you agree to be bound by such modification(s).
In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Qustodio, Net Nanny and Kaspersky Safe Kids. Please note that Rally in no way endorses or is responsible for these services.
Provision of Services.
Purpose of the Services. The purpose of the Site is to provide you with information about Rally’s Services, such as the variety of features and ways in which you can use the Services. The Services are intended for communication, educational, and entertainment purposes as well as for other interactive uses. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. You agree you will only use the Site and any other Rally Services for their intended purposes, and not for other commercial ventures without first seeking approval from Rally. You may not use the Site or any other Services to establish any independent data files, databases, compendiums, or any other reference materials.
License/Grant of Rights. Subject to the terms and conditions of this Agreement, Rally hereby grants to you as a registered Account holder a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Services in a manner that is consistent with the other terms in this Agreement and the intended purposes of the Services for the duration of any subscription or other authorized permission to access and use the Services. You agree this is the grant of a license, not a transfer of title, and under this license you may not attempt to decompile or reverse engineer any software contained on or through our Services or transfer the content to another person or “mirror” the content on any other server. Rally reserves the right to terminate this license for any or no reason and at any time without notice to you including, but not limited to, for breach of any term contained in this Agreement. All rights not expressly granted to you are reserved by Rally and its licensors. There are no implied rights.
Eligibility Requirements. By entering into this Agreement, you represent and warrant that you meet the following minimum requirements (“Eligibility Requirements”): (i) you have the necessary rights and authority to enter into and perform the obligations required of you as an Account holder under this Agreement; (ii) all account and billing information, and all data and information which you transmit using the Services (collectively, “Account Data”) is and will remain within your right to use and is accurate, complete and current; (iii) your use of the Services will comply with all applicable laws and regulations; and (iv) you will not infringe the rights of any third party (including, without limitation, any intellectual property rights or privacy rights) in your use of the Services.
Restrictions. You agree you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Rally. The Services shall not be used for or in any high risk environment. You may not use the Services to establish any independent data files, databases, compendiums, or any other reference materials. You shall not (and shall not allow any third party to): (i) permit any third party to access or use the Services except as envisioned by the Services in its normal operation or as set forth in this Agreement; (ii) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Services; (iii) use any unauthorized robot, spider, scraper, or other automated means to access the Services, or engage in any scraping, data-mining, harvesting, data aggregating or indexing of the Services except to have a copy of your own Account Data; (iv) create any derivative works based on the Services; (v) remove any proprietary notices, labels, or marks from the Services or associated content; (vi) frame or mirror any content forming part of the Services; (vii) access the Services to build a competitive product or service; or (viii) copy any ideas, features, functions or graphics of the Services.
Responsibility for Account Access. If you are a registered Account holder and use a username and password or other Account access information, you will be responsible for all activities occurring under your Account and for keeping your password secure. Rally assumes no responsibility or liability for the violations of anyone using your Rally Account. You shall provide Rally with prompt notice if you suspect your Account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any person’s use of the Services under your Account, or of any unauthorized access to or use of your Account, you agree to immediately notify Rally at support@rallysocial.io of any unauthorized use of your username and password or any other breach of security you know about in related to the Services. Any Account holders may cancel their Rally Account(s) at any time by contacting support@rallysocial.io. Rally may investigate any complaints and violations that come to its attention and may take any (or no) action it believes is appropriate in response to such matters including, but not limited to, issuing warnings, removing any content at issue, and/or terminating Accounts. Under no circumstances will Rally be liable in any way for any data or other content transmitted or viewed by you or any other users of the Services including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. Without limiting any of its other rights or remedies, Rally reserves the right to suspend your access to the Services if Rally reasonably believes that you have materially violated the restrictions and obligations in this Agreement. If Rally suspends or terminates your Rally Account, you acknowledge that all information and content associated with your Account will no longer be available to you.
Access to and Use of the Services. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Retention Limits. You acknowledge that Rally may establish general practices and limits concerning use of the Services including, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Rally's Services on your behalf. You agree that Rally has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted through the Services. You acknowledge that Rally reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Rally reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Service. The App and certain other Services that are available via a mobile device including, without limitation: (i) the ability to upload content through the Services via a mobile device; (ii) the ability to receive and reply to messages and receive and send text messages from a mobile device; (iii) the ability to browse the Site and other Services from a mobile device; and (iv) the ability to access certain features through the App (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may apply to your use of such Mobile Services.
Approval Required for Commercial Use. The Services may be used for personal use and, with Rally’s prior written approval, certain Rally customers may use the Services for direct commercial endeavors. If you are a Service Provider (as defined in Section 6(b), below), you acknowledge and agree that any commercial use of the Services shall be subject to the terms of a Service Agreement between the applicable person or entity seeking to use the Services for commercial endeavors and Rally.
Account Holder Cooperation. As a Rally Account holder, you agree that you shall: (i) reasonably cooperate with Rally in all matters relating to the Services; (ii) respond promptly to any Rally request to provide information, approvals, authorizations, or decisions that are reasonably necessary for Rally to provide the Services in accordance with the terms of this Agreement; and (iii) provide such materials or information as Rally may reasonably request so that we can provide the Services and ensure that such materials or information are complete and accurate in all material respects.
Intellectual Property Rights and Ownership.
Rally Content. Other than the exceptions referenced in this Agreement, the major exception being user generated content which remains the property of the respective Account holder or other user of the Services that uploads or posts such content as set forth in Section 5, below, all other content or material available on or through the Services is the property of Rally including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, graphics, images, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files (collectively, “Rally Content”). All Rally Content is either owned by Rally or made available to Rally through arrangements with third parties.
Intellectual Property Rights. Certain elements of Rally Content available through the Services including, but not limited to, text, graphics, photographs, images, video, audio, color selections, organization and layout, are protected by United States and international copyright laws or other applicable intellectual property laws. Any Rally Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works from, or reverse engineered without permission, except that you may print out one copy of each page on the Site solely for non-commercial personal or educational use. Unauthorized use of any Rally Content may result in violation of copyright, trademark, and other applicable laws related to intellectual property protections.
Restrictions on Use of Rally Content. You acknowledge that no right, title, or interest in or to any Rally Content is transferred to you as a result of you accessing, downloading, or printing Rally Content from the Services, and you will not use, copy or display Rally Content except as permitted under this Agreement. No other use is permitted without Rally’s prior written consent. You must retain and display all copyright, trademark, and other proprietary notices contained in the Rally Content on any authorized copy you make of Rally Content. You may not sell, transfer, assign, license, or sublicense any Rally Content. The use or posting of any Rally Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Rally Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of the Rally Content. Rally Content protected by this Section 2 includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party Rally Content.
Trademarks. RALLY and other trademarks, service marks, and logos of Rally (the “Rally Trademarks”) used and displayed on or through the Services are registered or unregistered trademarks or service marks of Rally. Other company, product, and service names, logos, or marks available through the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” and, collectively with the Rally Trademarks, the “Trademarks”). Nothing available on or through the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or through the Services without the prior written consent of Rally for each such specific use. The Trademarks may not be used to disparage Rally or the applicable owner of any Third-Party Trademark, Rally's or the applicable third party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Rally's prior written consent. All goodwill generated from the use of any Rally Trademark shall inure to Rally’s benefit. All rights not expressly granted herein are reserved to Rally.
Term & Termination.
Term, Termination and Automatic Renewal. The “Term” of this Agreement shall begin when you register to set up a Rally Account or otherwise start using our Services and, unless otherwise notified by Rally, such Term shall continue for as long as you maintain an Account or for as long as you otherwise use the Services.
Rally Right of Termination. Rally reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and/or your Account and/or your access to all or any part of the Services at any time and for any reason without prior notice or liability including, without limitation, in response to your breach of any term in this Agreement. Rally reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.
Effects of Termination. Upon any termination of this Agreement: (i) all rights Rally granted to you shall terminate and Rally shall no longer provide you with access to the Services; (ii) you shall cease using the Services; and (iii) Rally shall delete all of your Account Data.
Fees; Payments; Taxes.
Fees. You acknowledge that free versions of the Services may not include all features and functionality that are included for holders of paid subscription-based Accounts, and Rally reserves the right to charge for any portion of the Services and to change its fees (if any) from time to time in its discretion. All fees paid by you for your use of any portion of the Services are non-refundable. Any subscriptions will renew automatically for consecutive monthly or annual renewal subscription periods (as applicable) unless you cancel or terminate your subscription-based Account prior to the expiration of the then-current subscription period. *For the RALLY iOS mobile app, subscriptions can be managed in the App Store.
Increases. Rally reserves the right to increase its fees with reasonable advance notice on the Site; provided, however, that fee increases will not take effect until the start of the next subscription period.
Taxes. All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the Services, or your access to the Services. You shall be solely responsible for all such taxes, duties and charges, as applicable.
Late Payments. If you have a paid subscription for the Services, then continued access to your Account is conditioned on timely payment of applicable subscription fees. At Rally’s discretion, access to your Account may be suspended or terminated in the event any Account subscription fees are not paid on time.
User Generated Content and Account Data.
User Generated Content. The Services may allow you, as an Account holder, to upload your own user generated content (“UGC”) in certain locations or as part of your use of the Services. Any UGC you transmit, post or otherwise make available on or through the Services, which includes any comments, pieces, ideas or other information, material or content you make available in any form including, but not limited to, any visual or audio data, is made available to Rally on a non-proprietary and non-confidential basis. You hereby grant to Rally and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (i) displaying and demonstrating the capabilities and functioning of the Services; (ii) marketing the Services, in any media now known or hereafter developed; and/or (iii) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other Account holder to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.
Consent to Use Personal Data. You hereby agree that to the extent you include in your UGC any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”), Rally may process and disclose such information as necessary to: (i) fulfill Rally’s obligations under this Agreement; (ii) comply with any applicable legal obligations; (iii) avoid any imminent harm to you or another person; (iv) carry out tasks in the public interest; or (v) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. Account holders shall at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other Account holders or users of the Services to Rally and its Service Providers (as defined in Section 6(b), below) or their respective affiliates, subcontractors, agents, successors and/or assigns.
Account Data. Your Account Data will not be used by Rally except as described in this Agreement. Rally agrees to protect your Account Data with no less than industry-standard information security tools and procedures. You hereby grant to Rally and its licensors a limited, non-exclusive, non-transferable, royalty-free right to use, reproduce, manipulate, and display your Account Data solely in connection with providing the Services to you. Rally may analyze your Account Data, and the data of other Rally Account holders, to create aggregated and anonymized statistics or data that do not generally identify you or any individual, household, user, browser, or device and Rally may, both during and after the Term, use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining all of your Account Data. Rally shall operate the Services in a manner that provides reasonable information security for your Account Data, using commercially reasonable data backup, security, and recovery protections.
Privacy Policy. All information provided by you or collected by us is governed by our Privacy Policy available at https://rallysocial.io/privacy-policy, which is hereby incorporated by reference into this Agreement.
Regulations. Rally reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold harmless Rally from any claims resulting from any action taken by Rally during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Rally or law enforcement.
Content Moderation. You acknowledge and agree that Rally may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, but not limited to, to address any UGC that Rally determines is inappropriate or disruptive to the Services or to any other user of the Services. Rally has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC.
UGC Representations and Warranties. You represent and warrant to Rally that any UGC you make available on or through the Services is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.
No Endorsement. The transmitting, posting, or making available of UGC through the Services does not indicate any approval or endorsement by Rally of such UGC. Rally is not responsible for, and hereby disclaims any and all liability that may arise from the UGC or any act of accessing, browsing, contributing to, or otherwise using the Services.
DMCA Notice Procedure. 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 materials available on or through the Services infringe your copyright, you (or your agent) may send Rally a notice requesting that the material be removed, or that access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://copyright.gov/ for details). Notices and counter-notices with respect to the Services should be sent via registered mail to Rally’s designated agent for notice of claims of copyright infringement at designatedagent@rallysocial.io
By Mail
Rally Social, LLC
[ADD MAILING ADDRESS – SHOULD NOT BE A PERSONAL ADDRESS BUT CANNOT BE A P.O. BOX.]
Attn: Copyright Agent
By Email
designatedagent@rallysocial.io
Under the DMCA, notices must include all of the following details:
An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;
A description 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 Rally to locate the material, such as its URL;
Information reasonably sufficient to permit Rally to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement, made under the penalty of perjury, that the information in the notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Rally takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any Accounts and/or users that are connected to valid and repeat copyright infringement complaints.
If you believe that any UGC available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to support@rallysocial.io detailing your allegation. support@rallysocial.ioRally takes infringement of intellectual property rights seriously and will investigate the matter support@rallysocial.io.
10. Additional Responsibilities. You are solely responsible for all UGC and any other Account Data that you or anyone using your Account uploads on or through the Services. Rally does not guarantee the accuracy, integrity or quality of UGC or any user’s Account Data.
Acceptable Use Policy.
Interactions with Others. In using the Services, you may interact with other Account holders and users of Rally’s Services. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with the terms of this Agreement. Rally is not responsible for the conduct of any other Account holder or user of the Services who may interact with you, regardless of whether it is done through the Rally Services. Much of the information and other content circulated through the Services is UGC. Rally cannot guarantee that any UGC is accurate, complete, reliable, or updated on any regular basis. Rally has no direct control over any UGC, and therefore Rally is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any UGC. None of the UGC available on or through the Services is fact-checked or maintained by Rally.
Interactions with Third-Party Providers of Content and Services. By using the Services, you may also need to interact with persons or entities engaged by Rally to provide content and other services to Account holders and other users of the Rally Services (such persons or entities are referred to as “Service Providers” and their services are referred to as “Third-Party Services”). Rally makes no representation or warranty: (i) that any Service Provider shall be willing or able to provide you with Third-Party Services; (ii) that any Service Provider or Third-Party Service shall be satisfactory or meet your needs; (iii) as to the completeness or quality of any Third-Party Service; (iv) as to the truth, accuracy, completeness, quality, or usefulness of any information communicated to you by a Service Provider (“Third Party Information”); or (v) as to the qualifications or expertise of any Service Provider. Rally does not endorse or recommend any Service Provider or Third-Party Service, and is not involved with the substance of your relationship with any Service Provider. You acknowledge that Third-Party Information does not represent Rally's opinion or advice. In no event shall Rally: (x) be liable for any damages whatsoever resulting from your reliance on Third-Party Services or Third-Party Information; (y) have responsibility for any act or failure to act of any Service Provider; or (z) refund any amounts paid by you for any Third-Party Service (including instructions performed by Service Provider). You acknowledge that Service Providers are not employees of Rally. You hereby release the Rally Parties (as defined below) from any claims, actions or demands arising or resulting from the acts of Service Providers.
Compliance with Applicable Law. You agree that you are responsible for your UGC and your use of the Services. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to: (i) United States export control law and any other laws regarding the transmission of technical data exported from your country of residence; (ii) all anti-spam, privacy, and anti-terrorism laws and regulations; and (iii) any applicable laws requiring the consent of subjects of audio and video recordings. You agree that you are solely responsible for your compliance with all such laws and regulations.
Prohibited Conduct. In connection with your access to and/or use of the Services, you agree that you will not attempt to impersonate third-party individuals or entities and if you do, you agree that we may disable or transfer your Account into the control of the person or entity you are impersonating, or to any other third party in Rally’s sole discretion. You further agree that you will NOT transmit, post or otherwise make available through use of the Services any UGC or Account Data that:
Violates this Agreement, including, without limitation, the Rally Privacy Policy or any applicable laws, rules, or regulations;
Is unlawful, harassing, abusive, tortious, threatening, harmful, hateful, libelous, defamatory, obscene, offensive, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, is invasive of another’s privacy, or is otherwise objectionable;
Intentionally discriminates against or harasses particular individuals or groups, or promotes physical harm of any kind against any group or individual;
Incites, promotes, or engages in any planning or advocacy for violence, rioting, illegal activities or contributes to the creation of weapons, illegal materials, or otherwise is violent in nature, illegal, or would give rise to criminal or civil liability in any way;
Includes the Personal Information or other non-public data of any other person without that person’s express consent;
Constitutes protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or any regulation, rule, or standards issued thereunder, or similarly protected sensitive Personal Information under any applicable state law, rule, or regulation;
Infringes any third party's intellectual property rights or other third-party rights;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Provides any false, deceptive, fraudulent, or misleading information or content to Rally, other Account holders or users of the Services, Service Providers or any other third party through your use of the Services;
'Impersonates any person or entity, including any Rally employees, misrepresents yourself or falsely states or otherwise misrepresents your affiliation with any person or entity;
Implies Rally endorses any of your statements or positions;
Disrupts, interferes with, or imposes an unreasonable burden on the Services, the infrastructure of the Services, and/or servers or networks connected to the Services; or
Constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
5. Other Prohibitions. Additionally, in connection with your access to and/or use of the Site, App, or any other Rally Services, you agree that you will NOT:
Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Services and/or Rally’s computers, servers or networks, or any other Account holder’s or other users’ computers or systems;
Make unauthorized attempts to modify any information stored on or through the Services;
Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site, App, Rally Content, or any other Rally Services;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Services;
Delete or alter any material posted on or through the Services by Rally or any other person or entity; or
Cause Rally to violate any applicable law, rule or regulation, including those regarding the export of technical data.
Rally reserves the right, but has no obligation, to review any UGC or Account Data, investigate any claim related to UGC or Account Data, or take appropriate action, in its sole discretion, against the person or entity at the origin of the content that creates any liability for Rally. Such actions may include removing, exercising any indemnity and termination rights contained in this Agreement, and reporting such UGC or Account Data to law enforcement authorities.
External Sites and Services.
External Sites. The Site and certain other Services contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The display of links is not meant to imply that Rally guarantees, approves, or recommends the External Sites or any information, products, or services available on or through those External Sites. The content of such External Sites is developed and provided by others, and the links are not meant to indicate any association between the External Sites and Rally. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Rally is not responsible for the content of any linked External Sites including, without limitation, any links displayed on such External Sites, and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk, and will be subject to the terms of service, privacy policies, and other agreements or policies applicable to such External Sites.
Third-Party Social Media. Rally may also allow for integration and other interactions between the Services and other third-party social media platforms. This may include integration with third-party buttons or plugins available on or through the Services that when used, may allow you to share content from our Services or other content with other persons on or through the third-party social media platforms or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the respective level of sharing. Rally has no control over these third-party social media platforms and you use these interaction functions at your own risk. Rally is in no way liable for any harm to you as a result of using one of these social media interaction functions.
Warranty Disclaimers.
Disclaimer. TO THE EXTENT PERMITTED BY LAW, RALLY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “RALLY PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SITE, SERVICES AND RALLY CONTENT. THE RALLY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND RALLY CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE RALLY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE RALLY CONTENT OR ANY OTHER INFORMATION CONVEYED ON OR THROUGH THE SERVICES OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA FROM WHATEVER CAUSE. YOU ACKNOLWEDGE AND AGREE THAT YOU USE THE SERVICES AND RALLY CONTENT AT YOUR OWN RISK.
Additional Disclaimer. THE RALLY PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE RALLY PARTIES DO NOT WARRANT THAT THE RALLY CONTENT OR ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO RALLY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
Services Provided “As Is.” TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ANY RALLY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE RALLY PARTIES DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE RALLY PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.
Limitations of Liability; Damages Cap.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY RALLY PARTY BE LIABLE TO ANY ACCOUNT HOLDER OR OTHER USER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH RALLY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (i) THIS AGREEMENT; (ii) THE USE OR INABILITY TO USE THE SERVICES; (iii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (iv) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES.
Damages Cap. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RALLY PARTIES FOR ALL DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU OR THE APPLICABLE ACCOUNT HOLDER(S) TO RALLY IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.
Basis of the Bargain. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 ARE A FUNDAMENTAL BASIS OF THE BARGAIN, THAT RALLY HAS SET ITS FEES IN RELIANCE ON THE ENFORCEABILITY OF THESE PROVISIONS, AND THAT THEY SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY MAY FAIL ITS ESSENTIAL PURPOSE.
Scope of Applicability. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE RALLY PARTIES TO ANY ACCOUNT HOLDER OR OTHER USERS OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Remedy. IF YOU ARE DISSATISFIED WITH RALLY’S SERVICES OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Indemnification.
Account Holder Indemnification. You agree to defend, indemnify, and hold harmless the Rally Parties from and against any claims, actions, demands, losses, costs, damages, liabilities, judgments, awards, and expenses including, without limitation, reasonable legal and accounting fees, costs of defense and direct, indirect, punitive, special, individual, consequential, or exemplary damages the Rally Parties suffer in relation to or resulting from, or for the purpose of avoiding, any third-party claim or demand that relates to: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Services, or the use of the Services by any person or entity using your password; (iii) any violation of an applicable law or regulation by you through your use of the Services; or (iv) your violation of an applicable law through your use of the Services.
Indemnification Process. Rally shall provide notice to you of any such indemnification claim, suit, or proceeding. Rally reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 10. In such case, you agree to cooperate with any reasonable requests in assisting Rally's defense of such matter. Your indemnification obligations shall survive the termination this Agreement.
Children’s Information.
Rally may provide Services to teenagers who are between 13-18 years old and whose parent(s) or guardian(s) has provided verified consent for any such teenager to use the Services.
The Services otherwise are not directed at, marketed to, nor intended for, individuals under 13 years of age. No one under the age of 13 is authorized to use the Services, and minors younger than 13 are not permitted to provide any information on or through the Services without the verified consent of any such minor’s parent(s) or legal guardian(s). If you are under 13 years of age, DO NOT: use or provide any information on or through the Services; use any of the Services’ features; use any interactive or public commenting feature on the Services; and/or provide any information about yourself to Rally.
Rally does not and will not knowingly collect or request any information, including Personal Information, from any person under 13 years of age without the consent of the minor’s parent(s) or legal guardian(s). If Rally learns that we have received Personal Information from any person under 13 years of age without the appropriate consent of the minor’s parent(s) or guardian(s), Rally will delete that information.
If you are a parent or legal guardian of a child under the age of 18, and would like to provide consent for your child to use Rally’s Services, believe your child may have used or uploaded or posted information through the Services inadvertently or without authorization, and such information is publicly available, or if you believe Rally might otherwise have information from or about any person under 13 years of age, please contact us immediately at [ADD EMAIL ADDRESS].
Accessibility.
Rally is working to maintain the accessibility and usability of the Site. It is important to note that the Site’s accessibility efforts are ongoing as we work to implement improvements consistent with accessibility guidelines over time.
For assistance in better understanding the content of this page or any other page on the Site, please call [INSERT PHONE NUMBER – TOLL FREE IF POSSIBLE] during Rally’s normal business hours, which are Monday to Friday (excluding holidays) from 9 am through 5 pm Eastern time. If you would prefer to provide feedback by email, please write to us at contact@rallysocial.io and be sure to specify the webpage where you may be having issues related to assistive technology such as screen readers, so that we can look into making that page more accessible.
Miscellaneous.
International Concerns. Rally operates the Services from the United States. We make no claims concerning whether the Services including, without limitation, any Rally Content, may be downloaded, viewed, or appropriate for use outside of the United States. If you access the Services or Rally Content from outside of the United States, you do so at your own risk and are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By using the Services, you agree and acknowledge that information about you, including any Personal Information, may be transmitted to, processed in, and stored in the United States.
Export Controls. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any portion of the Services to countries or persons prohibited under the export control laws. By accessing, using, or downloading the Services, including without limitation any Rally Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Services and any Rally Content.
No Responsibility for Technical Issues. Rally is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Rally’s computer or network systems, including any Rally hardware or devices, that may or may not result in the disclosure of any Personal Information you provided to us. Rally does not assume any liability or responsibility for your use of the Internet or the Services including, but not limited to, any change your computer, device, or related systems may sustain as a result of accessing or using the Services.
Feedback. Rally does not accept unsolicited content or ideas you may attempt to transmit to us directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Rally unsolicited content or ideas, you agree that Rally may use such content and ideas in any way Rally wishes without any compensation to you.
Use Caution When Posting. Any information you submit or provide on or through the Services may be publicly accessible. You should be careful to protect any confidential, proprietary, or otherwise important and private information. Rally is not liable for the security of any information transferred through the Internet or any other network that you may use.
Opinions and Recommendations. You acknowledge that any opinions or recommendations available on or through the Services are not necessarily those of Rally nor endorsed by Rally. Rally does not guarantee or promise that any opinions or recommendations available on or through the Services are accurate or will be helpful to any issue you may have. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. YOU AGREE THAT RALLY IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM THAT MIGHT RESULT FROM USING OR IMPLEMENTING IN ANY MANNER ANY OF THE OPINIONS OR RECOMMENDATIONS FOUND THROUGH THE SERVICES.
Notice for California Residents. If you are a California resident, in compliance with your rights under California Civil Code Section 1789.3, you have the right to contact Rally with any complaints or to seek additional information. You may email Rally at contact@rallysocial.io. You may also call _____________________ [ADD PHONE NUMBER]. For any physical documents, you may send mail to _________________________ [ADD ADDRESS]. If California users have any questions or complaints about Rally, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Hearing impaired persons may call (800) 735-2929 via TTY device.
Governing Law. Any question, claim, or controversy arising out of or related to this Agreement (a “Dispute”) will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any conflicts of laws provision.
Disputes. In the event of any Dispute, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Tennessee. You hereby irrevocably and unconditionally consent to waive any objection to the venue of any such litigation in the courts of the State of Tennessee, and you expressly agree not to plead or claim in any Tennessee court that such litigation brought therein has been brought in an inconvenient forum.
Waiver. Any failure of Rally to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Rally unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Severability. If any provision of this Agreement is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect to the extent permitted by law.
Interpretation. Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly otherwise in specific instances, use of the words “include,” “includes,” or “including” in this Agreement shall not be limiting and “or” shall not be exclusive.
Entire Agreement; Survival. This Agreement constitutes the entire agreement of the parties with respect to the Services and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Rally, with respect to the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination or expiration of this Agreement.
If you need to contact Rally for any reason not already specified in this Agreement, please use the following contact information:
ADDRESS: _________________________________
PHONE: _________________________________
EMAIL: _________________________________
18. Contact
For questions or concerns, contact:
Email: info@entersquare.social
Mail: Entersquare LLC
803 S. Garden St. Fl 201
Columbia, TN 38401