Last Updated: August 9th, 2024
These Website Terms and Conditions ("Terms of Use") constitute a legally binding agreement between you, the user of the public portions of this website (the "Site"), and Metacommerce Inc. (dba Rally.Fan), the owner and operator of the Site ("Rally," "we," "us," or "our").
By accessing or using the Site, or by clicking "Create Account" to accept or agree to these Terms of Use when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the Site.
1. Terms
These Terms of Use apply to the use of the Site and all content, materials, and functions on the Site. By accessing and using the Site, you agree to be bound by these terms and conditions. If you do not agree to these Terms of Use, you are not authorized to use the Site.
2. User Responsibility
You are solely responsible for your use of the Site and its content, materials, and functions, and for complying with all applicable laws and regulations.
3. Terms of Use Subject to Change
Rally reserves the right, at its sole discretion, to modify or replace these terms and conditions at any time without notice to you. You are responsible for checking these Terms of Use for changes. Continued use of the Site after any changes to these Terms of Use will constitute your acceptance of such changes. If you do not agree to the new terms and conditions, you must stop using the Site.
4. Acceptance of Terms
BY ACCESSING AND USING THE RALLY.FAN WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE.
5. Eligibility
THIS SITE IS INTENDED FOR USE BY INDIVIDUALS WHO ARE 18 YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT AUTHORIZED TO USE THE SITE AND MUST EXIT IMMEDIATELY.
6. Prohibited Use
You agree not to use the Site or its content, materials, and functions for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any parts of the Site or any other computer systems or networks connected to the Site.
In addition, you agree not to use the Site or its content, materials, and functions to:
7. Email Communication and Consent
By creating an account, signing up for our services, or otherwise providing us with your email address, you consent to receiving emails from our team. These communications may include, but are not limited to, account-related notifications, updates on our services, promotional offers, newsletters, surveys, and other marketing communications.
7.1. Types of Emails You May Receive
7.2. Managing Your Email Preferences
You can manage your email preferences at any time by clicking the "unsubscribe" link in the footer of any marketing email you receive from us. Please note that you cannot opt out of receiving transactional emails that are necessary for the operation of your account.
7.3. Legal Compliance
Rally is committed to ensuring that all email communications are compliant with applicable laws and regulations, including but not limited to the CAN-SPAM Act (USA) and CASL (Canada). This means that we will:
8. Links to the Site and From Social Media
You may link to the website's homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of Rally's reputation. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Rally where none exists.
The website may provide certain social media features that allow you to share information with your social network or to make connections with other users. You understand that such features may collect your personal data and that you are using such features at your own risk. Rally has no control over the privacy practices of such third-party websites and is not responsible for the privacy policies or practices of any third party.
Rally reserves the right to disable any social media features or any links at any time without notice. You may not use these features or any content on the website for any commercial purpose or to suggest any form of association, approval, or endorsement on the part of Rally.
9. Links from Site
The website may contain links to third-party websites or resources. Rally has no control over these websites or resources and you acknowledge and agree that Rally is not responsible for the availability or accuracy of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Rally shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource. You are solely responsible for complying with the terms and conditions of use for such websites and resources.
10. Revisions and Errata
The materials appearing on the website may include technical, typographical, or photographic errors. Rally does not warrant that any of the materials on the website are accurate, complete, or current. Rally may make changes to the materials contained on the website at any time without notice. Rally does not, however, make any commitment to update the materials.
The website may contain certain historical information. Historical information is not current and is provided for your reference only. Rally reserves the right to modify the contents of the website at any time, but we have no obligation to update any information on the website.
11. Intellectual Property
The Site and all content, materials, and functions on the Site, including, but not limited to, text, graphics, images, and software, are the property of Rally or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are permitted to access and use the Site and its content, materials, and functions solely for your own personal, non-commercial use. Any other use of the Site or its content, materials, and functions, including, but not limited to, the modification, distribution, transmission, performance, publication, or display of the content, is strictly prohibited. Rally and its licensors reserve all rights not expressly granted in these terms and conditions. You agree not to use any trademarks, service marks, or logos displayed on the Site without the prior written consent of Rally or the relevant rights holder.
12. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, AND FUNCTIONS ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND RALLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR FUNCTIONS INCLUDED ON THE SITE. RALLY DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND RALLY WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS. RALLY ALSO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY CONTENT, MATERIALS, OR FUNCTIONS ON THE SITE WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT. TO THE FULLEST EXTENT PERMITTED BY LAW, RALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability
RALLY, ITS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS ON THE SITE,EVEN IF RALLY OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Indemnification
You agree to indemnify and hold Rally, its employees, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.
15. Governing Law
These Terms of Use and the relationship between you and Rally shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. You and Rally agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any legal matter arising from these Terms of Use.
16. Entire Agreement
These Terms of Use, together with the Subscription Agreement, the Privacy Policy, and any other legal notices published by Rally on the website, shall constitute the entire agreement between you and Rally concerning the website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Rally's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
17. Limitation on Time to File Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. Feedback
You may submit comments, ideas, or other feedback about the website or Rally's products and services ("Feedback"). You agree that all Feedback is non-confidential and becomes the sole property of Rally. Rally is free to use, disclose, reproduce, or distribute the Feedback to others without limitation or obligation. You agree not to submit any Feedback that is protected by copyright, trademark, trade secret, or any other proprietary right without the express permission of the owner of such right. You are solely responsible for any damages resulting from your submission of Feedback.
19. Contact Information
If you have any questions or concerns about these Terms of Use, or the website in general, you may contact Rally at friends@rally.fan. You may also report any violations of these Terms of Use or inappropriate use of the website to the same contact information.