Last updated: 04/01/2022
Summary of most recent update: Changes made to the "User Content" section to detail the usage rights of event attendees to their personal performance data received via event Scorecards.
Ryzer builds technologies that enable athletes to connect with coaches, and event attendees with organizers.
By creating a Ryzer account, registering for an event on our platform (“Event”), or accessing or using our services, you are agreeing to enter into a legally binding contract with Ryzer (even if you are using our Services on behalf of a school or business). If you do not agree to this contract (“Contract”), do not sign-up, login, register for an Event, access or otherwise use any of our Services. If you wish to terminate this Contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to Ryzer.com, RyzerEvents.com, RyzerRecruit.com, Ryzer-branded apps (“Ryzer Go”), and other Ryzer-related sites, apps, digital metric distribution reports (“Scorecards”), ranking lists (“Leaderboards”), widgets, communications, and other services that state they are offered under and/or that link to this Contract (“Sites” or “Services”).
This Contract is between you and Ryzer, LLC. Ryzer, LLC is referred to as "we", "us", "our" or "Ryzer" throughout this agreement.
For simplicity, this Contract may refer to the “Ryzer-branded companies” when referring to these three Ryzer-branded companies: Ryzer, LLC, Ryzer Recruit, LLC, and Ryzer Mindset, LLC.
Ryzer, LLC will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
When you join Ryzer or register for an Event, you become a “Member”. If you have chosen not to join our Service and you don’t register for an Event, you may access certain features as a “Visitor”.
In this Contract "you" means any Member or Visitor. This includes any person(s), entity, program, or institution using our Services to assist with their operating of an Event, or their evaluation or discovery of athletes or consumers (“Event Organizer” or “Coach”), or Recruit Users.
In addition to all other terms in this Contract, Event Organizers agree to the Supplemental Terms for Event Organizers.
You represent, warrant and certify that you are at least thirteen (13) years of age. If law requires that you must be older than 13 in order for Ryzer to lawfully provide the Services to you without parental consent (including using your personal data) then you must be of such older age.
To use certain Services, you are given the opportunity to create an account with a password. You agree to maintain the confidentiality of your account information and password and you agree not to use your account for any unauthorized purpose.
You agree you will not create a false identity on Ryzer, misrepresent your identity, create a Member profile for anyone other than yourself or someone you legally represent, or use or attempt to use another’s account.
Ryzer, in our sole discretion, may suspend or terminate your account for any reason without notice, including but not limited to if you or anyone using your account violates or attempts to violate the Contract.
You acknowledge and agree that neither Ryzer nor any of its affiliates will have any liability to you for any unauthorized transaction made using your account that occurs before you have notified us of a possible unauthorized use of your account and we have had a reasonable opportunity to act on that notice.
As between you and others (including your school or employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiting Services purchased by your employing school), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
You agree not to: (i) systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, spiders, or otherwise; (ii) use any trademarks, trade names or other intellectual property of Ryzer or any other party from the Site in any manner that may damage any goodwill in the intellectual property; and (iii) collect usernames and/or email addresses of other Members by electronic or other means for the purpose of sending unsolicited email or other communications.
The following activities on the Site are expressly prohibited: (i) any use of the Site, which in Ryzer's sole and absolute judgment, degrades the reputation, reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (ii) any use of the Site which is unlawful or in violation of the Contract.
Ryzer provides Members and Event Organizers an opportunity to post text, images, videos, hyperlinks to third-party sites, and other data to the Site (collectively, "User Content").
You own the content and information that you submit or post to the Services, and you grant Ryzer and our affiliates a non-exclusive, worldwide, transferable, and sublicensable license to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others (“Usage License”).
When using Scorecards to distribute event performance and other personal information to Members or other event attendees, Event Organizers agree to grant the receiving Member or attendee a Usage License to the User Content distributed via the Scorecard.
You can end the license you granted Ryzer to use specific content by deleting such content from the Services, updating your privacy settings, or generally by closing your account.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including name, likeness, and intellectual property rights). You also agree that your profile information will be truthful. Ryzer may be required by law to remove certain information or content in certain countries.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Ryzer, are entirely and solely responsible for all User Content that you post and for the consequences of Ryzer publishing such User Content on your behalf.
You consent to Ryzer sending communications to you. You authorize us to provide communications to you by email, phone, text message, and/or by mail. In addition, based on the notification preferences you select within your account, Ryzer may send you email and/or text messages (“Alerts”) to notify you of upcoming events that meet your relevancy criteria (e.g. activity type, age, gender, past participation, geographic distance, etc.). Standard data messaging rates may apply.
We charge fees when registrations and/or sales are made on our Site. These fees may vary based on individual agreements between Ryzer and Event Organizers. Event Organizers determine whether to make online registration their primary form of payment and absorb fees into the registration price. Or, Event Organizers may elect to offer online payment as a convenient option to registrants and pass along a fee displayed on the payment page during checkout (“Convenience Fee”). Event Organizers who elect to pass along a Convenience Fee are required to accept another form of payment (i.e., in person payment at the event, physical check, etc.). Contact the Event Organizer to learn more.
If you choose to utilize our paid services including Event registration, you authorize Ryzer and/or its designated payment processor to charge you any applicable fee(s) and store payment information you submit to the Site. Ryzer does not control, and thus cannot disclose, fees levied by your bank and/or credit card company. The fees charged may include certain other charges including without limitation, taxes, facility fees, and fulfillment fees. By clicking the "Submit Payment" button, you agree your credit/debit card or PayPal account will be charged the amount listed. Please note on your credit/debit card statement this charge may appear under the name of the Event Organizer under the following format: "RYZ*Event-Organizer-Name"
Because all transactions are between Event Organizers and their respective attendees, please contact the Event Organizer with any refund or transfer requests. Event Organizers do not offer refunds unless otherwise stated in a specific Event offering. The exact amount depends on the current and specific cancellation and/or refund policies of the Event Organizer.
All Ryzer Convenience Fees are non-refundable unless the Event has been canceled, postponed, or changes locations after you registered (“Event Alterations”). If Event Alterations occur, the Event Organizer will offer you a replacement of equal-or-greater value such as allowing you to attend a different Event or a full refund. If you elect to receive a full refund due to Event Alterations, Ryzer will refund you any applicable Convenience Fees you were directly charged for the transaction upon your request. Such requests can be made by emailing your Registration ID and details of the Event Alteration to email@example.com.
YOU ACKNOWLEDGE THAT RYZER IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY EVENT ORGANIZER. THE FACT THAT RYZER LICENSES THE SERVICES AND/OR THE RYZER TRADE NAME TO AN EVENT ORGANIZER IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, AND/OR PARTNERSHIP WITH SUCH EVENT ORGANIZER.
Ryzer licenses the Services to the Event Organizer and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of the Event Organizer. Ryzer does not endorse any Event Organizer over another. By registering for Event Organizer’s Event or using any features of the Site, you expressly relieve Ryzer from any and all liability arising from your use of the Site, participation at the Event Organizer's Event, or from the content of any third-party website that may be linked to the Site. Without limiting the generality of the foregoing sentence, you acknowledge Ryzer has no responsibility for the quality, safety or legality of an Event, products and/or services associated with an Event, the truth or accuracy of Event content displayed on the Site by an Event Organizer, including guarantees asserted by Event Sponsor, any commitments made by an Event Sponsor, and the value or fulfillment of any obligation between an Event Sponsor and you.
Except as may be applicable in Supplemental Terms for Event Organizers and subject to your compliance with the Contract, Ryzer grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Site for personal, non-commercial purposes. In no event shall you make any derivative use of the Site, access or manipulate any of the Site for the benefit of a commercial use, utilize data mining, robots, or other data extraction tools against the Site, or attempt to reverse engineer or otherwise deconstruct any Content or feature of the Site. You are expressly prohibited from using hidden text of any kind. Ryzer and its third-party content providers reserve all rights not expressly granted to you under this license. Importantly, this license does not include any right of collection, aggregation, copying, or duplication. The license granted to you under this Section shall terminate if you violate the Contract.
All materials contained in the Site, including code language, mobile applications, software, text, videos, photographs, images, logos, sound files and other materials (collectively, Content), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of either Ryzer or, in the case of content licensed by Ryzer from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under the Contract. You may view freely-accessible Content from the Site for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from Content. If you violate the Contract, your permission to access the Site terminates and you must immediately destroy any copies you have made of the Content.
Ryzer™, Ryzer Mindset™, Ryzer Events™, Ryzer Recruit™, and Ryzer Verified™ are trademarks of Ryzer-branded companies. All graphics, logos, page headers, scripts, and trade or service names included in the Site are trademarks or trade dress of Ryzer-branded companies or its third-party content providers. Ryzer-branded companies’ trademarks or trade dress may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any form without the express prior written consent of Ryzer. All other trademarks not owned by Ryzer-branded companies that are displayed on the Site are the property of their respective owners and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any form without the express prior written consent of their respective owners.
Ryzer technology and products, including features that may be available on the Site, are protected by one or more patented features. Specifically, United States Patent 9,852,194. Your access to and use of the Site must not encroach upon or otherwise violate Ryzer's patent rights. International patents and patents pending may also be applicable in their respective countries.
Ryzer may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Site features, database, Content, including User Content. Ryzer may also impose limits on certain features or services or restrict your access to parts or all of the Services without notice or liability. Ryzer shall not be liable to you or any third party should we exercise this right to modify or discontinue the Services.
We value your ideas to make our Services better. By submitting suggestions or feedback regarding our Services to Ryzer, you agree that Ryzer can use and share (but does not have to) such feedback for any purpose without compensation to you.
You acknowledge and agree that regardless of physical location, Ryzer may store and process any data transmitted to the Site at locations both within and outside of the United States.
Ryzer uses Braintree, a division of PayPal, Inc. (Braintree), as one of its payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/payment-services-agreement, and https://www.braintreepayments.com/legal/bank-agreement.
In addition to all other representations and warranties you make under this Contract, you further warrant and represent the following: (a) that your User Content will be truthful; (b) that you will only add User Content that you are authorized to list; (d) that you will not misrepresent your identity or that of any Member/Visitor if you are their authorized representative; (e) that you will keep current all details associated with your Event (e.g. date, description, price, etc.); (f) that you will not transmit any User Content that constitutes spam; (g) that you will only add an Event that is an Activity Type (e.g. baseball, swimming, gymnastics, etc.) supported by Ryzer Alerts; and (g) that you authorize Ryzer Alerts, at its sole and absolute discretion, to place advertisements anywhere on or about your Event content. We reserve all rights to determine the size and positioning of advertisements on Ryzer.com and its mobile application.
The materials comprising the Services are provided by Ryzer to you on an as-is, as-available basis. While Ryzer aims to maintain the Services error-free and safe, you acknowledge that you are using the Services at your own risk.
Ryzer assumes no responsibility for any errors or omissions in the Content or other materials comprising the Site, including errors or omissions associated with Event notifications delivered to you via Ryzer.com and/or its mobile application. We attempt to make Alerts tailored to the primary audience anticipated to attend the Event. While Ryzer seeks to provide the most responsive, current, and relevant information, we cannot commit to precise intervals at which information on the Site will be updated. No advice or information given by Ryzer or any other party on the Site shall create any warranty or liability. Further, any content transmitted or posted to the Site by an Event Organizer or a third party does not necessarily represent the opinions, beliefs, or positions of Ryzer.
We periodically schedule system downtime for maintenance and other purposes. Unplanned outages also may occur. Ryzer shall have no liability for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
RYZER MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RYZER MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, AND RELIABILITY OF THE SITE, ITS TEXT, IMAGES, GRAPHICS, LINKS TO OTHER SITES AND ANY OTHER ITEMS ON THE SITE OR ACCESSED VIA THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL RYZER, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOST REVENUES, LOST PROFITS, OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THIS SITE, THE MATERIALS CONTAINED HEREIN, OR THE INTERNET GENERALLY. THESE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE A MATERIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RYZER AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS RYZER HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), RYZER, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
Members registering for an Event using the Services, refer to the Event Affiliation Disclaimer for disclaimers and limits of liability related to your registering and attending Events.
Both you and Ryzer may terminate this Contract at any time with notice to the other. Upon termination, you lose the right to access or use the Services.
Sections 3, 4, 5, 7, 8, and any applicable Supplemental Terms survive this Contract.
Ryzer shall not be liable to you or any third party for termination of the Services or your account with us. Should you object to the terms of this Contract or any subsequent modifications thereto or become dissatisfied with the Services, our fees, or any other aspect of this Contract in any way, your only recourse is to immediately discontinue use of the Services.
The Contract shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa.
Any dispute between you and us under the Contract or arising out of or relating to your use of the Site, shall be required to be resolved exclusively in the state court located in Polk County, Iowa. You agree to submit to the personal jurisdiction of this court if litigation of the dispute is required. You acknowledge and agree that you will not seek to litigate any claims against Ryzer or its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You and Ryzer agree that any cause of action arising out of or related to the Site must commence within one (1) year after the event giving rise to the claim began; otherwise, such cause of action is permanently barred. The section titles in the Contract are solely used for the convenience of the parties and have no legal or contractual significance. In the event you pursue a legal claim against us, and if we are the prevailing party as determined by the Court, then we shall be entitled to an award of our attorney's fees and litigation expenses.
RYZER HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY AN EVENT ORGANIZER, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, ILLNESS, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH EVENT ORGANIZER AND YOU HEREBY EXONERATE AND FOREVER RELEASE RYZER FROM ANY LIABILITY WITH RESPECT TO THE SAME. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER MEMBERS OR VISITORS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS AND/OR VISITORS REGARDING ANY TRANSACTION ASSOCIATED WITH AN EVENT), YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE RYZER AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED TO YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Contract shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of the Contract shall not be binding upon either party except to the extent incorporated in the Contract. No amendment, waiver or consent may affect the rights or obligations of either party under the Contract unless it is in writing and signed by Ryzer. The Contract does not confer any third-party beneficiary rights. If any provision of the Contract is determined to be invalid, illegal, or unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of the Contract, such failure will not constitute a waiver of that provision or any others.
If you are registering as an entity, you represent that you have the authority to bind the entity to the Contract.
Each Member further represents and covenants that any information submitted to the Site during such Member's registration with the Site shall be true and correct.
The invalidity of any portion of the Contract will not and shall not be deemed to affect the validity of any other provision. If any provision of the Contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
The failure of Ryzer to insist upon the performance of any of the terms of the Contract, or the waiver of any breach of any of the terms of the Contract, shall not be construed as subsequently waiving any such terms, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
In the Contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, and singular includes plural.
All rights and obligations of Ryzer under the Contract are freely assignable and/or delegable by Ryzer in connection with a merger, acquisition, sale of assets, by operation of law, or any other form of assignment, delegation, or succession. Your rights and obligations under the Contract may not be assigned, delegated, transferred, shared, or divided in whole or in part, without the prior written consent of Ryzer.
Ryzer is not responsible for the guarantees of any Event Organizer, nor is Ryzer accountable for the quality or safety of any Event. Event specific questions and concerns should be directed to the specific Event Organizer.
Ryzer does not permit infringement of intellectual property rights. If you believe that any Content on the Site infringes your copyright or other intellectual-property rights, you may notify Ryzer by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, to Ryzer at firstname.lastname@example.org or by mail to Ryzer, PO Box 3868, Urbandale, Iowa 50323.
At a minimum, your correspondence should include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists;
- Identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- Your address, telephone number, and e-mail address.
Ryzer does not condone offensive, obscene, unlawful, infringing, false, spam, or otherwise objectionable material you may encounter in connection with your use of our Services. If you encounter such content, you may notify us at email@example.com or use the "Report Abuse" link associated with the event and we will take action to remove any material that violates the Contract.
Except as explicitly stated otherwise, any legal notices shall be sent by postal mail to Ryzer, PO Box 3868, Urbandale, Iowa 50323.
This Section of Supplemental Terms only applies to Event Organizers that register to use Ryzer Event’s registration services via Ryzer.com for their/its Event. In addition to all other provisions of the Contract, the following terms apply to such Event Organizers:
Ryzer Events registration services include a web development platform for the purpose of building and hosting a website and unique domain (i.e. URL) for your Event ("Website"). Subject to your compliance with the Contract, Ryzer hereby grants to you a limited, non-exclusive, nontransferable license for the duration of your Event's promotion through its completion to make use of RyzerEvents.com technologies that are incorporated in the Website and that are required for the operation of the Website solely for the purpose of operating the Website hosted by Ryzer as provided herein. Your use of the Website does not transfer to you any rights, title, and/or interest in or to any of Ryzer's property, including RyzerEvents.com or Ryzer.com technologies.
At your direction, we may develop custom software, functionality, features, or graphics (“Materials”) not normally provided as part of our standard service. Such Materials are subject to the Content terms outlined in the Intellectual Property Rights section above. We may charge a fee to develop and maintain the requested Materials.
An Event Organizer may enroll for one or more Events through RyzerEvents.com. The license granted to an Event Organizer under this Section is valid for each Event once. Ryzer may renew your license for one or more subsequent Events at its sole discretion.
Notwithstanding the foregoing, you may not in any way use any trademark or service mark of Ryzer or any of its affiliates without first obtaining the express written permission of Ryzer. Unless otherwise agreed to in writing by Ryzer, the transfer or attempted transfer of the Website to any host server other than Ryzer's host servers shall automatically terminate the foregoing license.
In no event shall you make any derivative use of the Website, access or manipulate any of the Website for the benefit of a commercial use beyond the limited license granted in this Section of the Contract, utilize data mining, robots, or other data extraction tools against the Website, or attempt to reverse engineer or otherwise deconstruct any Content or feature of the Website. You are expressly prohibited from using hidden text of any kind. Ryzer and its third-party content providers reserve all rights not expressly granted to you under this license. Importantly, this license does not include any right of collection, aggregation, copying, or duplication. The license granted to you under this Section shall terminate if you violate the Contract.
You acknowledge and agree that Ryzer is in the business of web and mobile application design and development, web hosting, event marketing, and event registration for Event Organizers, and that Company shall have the right to provide to third parties services that are the same or similar to those you license from Ryzer.
We offer payment collection services for each Event. This system allows registrants to pay for your Event online via the Website. You may elect to use these payment collection services by providing to Ryzer, in the format and manner we request, information we need to support these services, including the Event registration fee you want to charge your registrants. You agree to routinely examine the Website to ensure appropriate charges are listed for your Event(s).
If you elect to use our payment collection services, we will collect sales for your Event ("Transactions") through technologies we incorporate into the Website. You agree to pay Ryzer a fee for each Transaction for which payment is collected ("Usage Fee"). During your enrollment, Ryzer will provide a quote to you for the specific Usage Fee(s) associated with your Event(s). Your access to and use of the Services will be deemed full acceptance of the quoted Usage Fee(s). You determine whether the Usage Fee is passed along to buyers in the form of a Convenience Fee or absorbed into the registration price. If you choose to pass along a Convenience Fee to the buyer, you agree to offer buyers a primary payment channel such as in-person payment.
On a scheduled basis, we will remit to you the amount we collected for your Transactions, minus our Usage or Convenience Fee and any applicable third-party fees (e.g. credit card transaction fees) if such third-party fees are not included in our Usage or Convenience Fee. Remittances will be accompanied with a detailed statement ("Statement") showing each registrant's name, the Event name, and the net sales proceeds remitted to you for each registrant. If you have any objection or are otherwise not satisfied with any remittance or Statement ("Claim"), you must provide us written notice of your Claim within 30 calendar days of the date we sent you the Statement ("Claim Period") or your Claim is waived and barred. Once a Claim Period expires, you will be deemed to have accepted the amounts we remit to you as full satisfaction of our obligations in connection with the payment collection services.
If we suspect or know that your Transactions may expose us or your registrants to an unacceptable level of risk, or that you have breached the terms of this Agreement, we may take various actions to avoid liability. The actions we may take include, but are not limited to, prohibiting or suspending your ability to use our services, refusing to process any Transaction, reversing a Transaction, or holding your remittance. If possible, we will provide you with advance notice of our actions. If we believe there is an immediate need to take action such as potential fraud or illegal activity, advance notice may not be provided.
Ryzer Events, at our discretion, may hold an amount or percentage of your remittance (“Reserve”) if your Transactions increase the risk of loss to us or to your registrants through chargebacks, reversals, or any other risk and/or potential liability to us related to your use of our services. We may hold a Reserve as long as we deem necessary to mitigate any risks related to your Transactions. If we place a Reserve on your remittance, we will provide you with notice specifying the terms of the Reserve. We may change the terms of the Reserve at any time by providing you with notice of the new terms.
If you do not use our payment collection Services, then you agree to remit payment to us for the appropriate Usage Fee(s) on a monthly basis.
Ryzer is responsible for maintaining PCI-DSS compliance as it relates to cardholder data that we store, process, transmit, or affect the security of.
You may utilize your own, clearly stated refund policy for your Events. You agree your refund policy will adhere to all laws and that you are solely responsible for all refunds due to your Event registrants. At our discretion, we will assist you in issuing total or partial refunds to any Event registrant. However, we retain all Usage and Convenience Fees paid or due to us regardless of any refund you issue for the related transaction.
If you make Event Alterations, you agree to offer your registrants a replacement of equal-or-greater value such as allowing them to attend a different Event. If a registrant requests a refund due to Event Alterations, you agree to provide a full refund through the Ryzer Events platform within five (5) business days of the request being made regardless of your stated refund policy. If you do not have the funds available with Ryzer to initiate the required refunds, you agree to send Ryzer the necessary funds via ACH within three (3) business days of the request for refund. ACH instructions can be provided by contacting your Ryzer representative or emailing firstname.lastname@example.org. If you anticipate the need to issue refunds for any reason, Ryzer suggests you proactively Reserve funds through our platform to assure the funds are available when you need them.
Since our event marketing, development, and management services are provided in advance of registration, Ryzer retains the Usage and Convenience Fees paid or due to us. However, if Event Alterations result in full refunds being issued to registrants, Ryzer will refund applicable Convenience Fees which were directly passed along to registrants upon request. This does not include Usage Fees absorbed into the registration price.
“Chargeback” means a payment dispute initiated by the cardholder with their card issuing bank. The amount of the disputed transaction is immediately withdrawn from the merchant's bank account. In the event of a chargeback, Ryzer retains the right of full reimbursement from you. We will invoice you for the full amount of the chargeback including our Usage and Convenience Fee(s) and any other applicable fees we are charged as a result of the chargeback. You agree to pay Ryzer within 15 days of the invoice date.
Ryzer cannot provide you legal or tax advice. Considerations related to your sales, use, value added, and other taxes, duties, and charges (collectively, “Taxes”) may vary based on the nature of your Event, your tax status (individual, business, etc.), the location of your event, and other factors. Please consult with your tax and/or legal advisor.
You are solely responsible for determining which, if any, Taxes apply to your use of our services and to your Events and sales. You agree that it is your sole responsibility to, and that you will, collect and remit accurate amounts of all such Taxes to the applicable government authorities (“Tax Authorities”).
If you elect to use our payment collection services to collect Taxes at the time of purchase, we will pay such amounts to you with your Event and sales remittances. You are, in turn, responsible for remitting all such Taxes to the appropriate Tax Authorities. In the event that a Tax Authority requires Ryzer to pay any Taxes attributable to your use of our services, you agree to promptly and fully reimburse Ryzer for such Taxes and all related costs, penalties, interest and expenses.
Notwithstanding the preceding paragraph, in certain jurisdictions, Ryzer may be required by Marketplace Facilitator laws to collect and remit Taxes for your Events and/or sales facilitated using our payment collection services. Ryzer will use certain information you provide us to make determinations related to Taxes (your tax-exempt status, business type, location of your business and/or Events, etc.). You represent and warrant that the information you provide us is true and accurate and that you will notify Ryzer promptly if such information becomes outdated or changes. If using the information you provide we determine your Events and/or sales are governed by Marketplace Facilitator laws, we will collect applicable Taxes and remit them to the Tax Authority. If after consulting with your own legal and/or tax advisor you determine your Events and/or sales are not subject to Taxes in specific jurisdictions, you have the ability to denote the Tax status of your Events and/or sales in the "Billing and Contact Info" section of the Ryzer Events platform. Marking your Events and/or sales as non-taxable in specific jurisdictions will result in Ryzer not collecting or remitting Taxes for your Events and/or sales in those jurisdictions. In the event that a Tax Authority requires Ryzer to pay any taxes attributable to your Events and/or sales as a result of information, interpretation, and/or direction you provide us being untrue or incorrect, you agree to promptly and fully reimburse Ryzer for such Taxes and all related costs, penalties, interest, and expenses.
Notwithstanding paragraph “Taxes” above, Ryzer may, in certain jurisdictions, be required to collect and remit Taxes on the Convenience Fee to the Tax Authorities. In such jurisdictions, we will collect applicable Taxes and remit them to the Tax Authority. You remain responsible for collecting and remitting the correct amount of any Taxes that apply to your use of our services.
Ryzer reserves the right to withhold the payment of any amounts owed to you hereunder and dispose of them as required by applicable local, state, provincial, national or other law, regulation, judgment or order, in each case as determined by Ryzer, or to seek later payment from you of any amounts on Taxes uncollected and unremitted, related to your Events.
Due to United States Internal Revenue Service (IRS) regulations, if Ryzer processes transactions and issues you payouts for more than six hundred dollars ($600) in gross sales during a given calendar year and in the aggregate across all of your accounts, Ryzer is required to report to the IRS (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; (iv) your Tax Identification Number.
If your account has had no activity for a period of time set forth in applicable unclaimed property laws and we hold funds related to your account, then we will notify you as required by applicable laws. If we are unable to reach you and you do not claim your unclaimed funds within the required timeframe, then we may escheat them to the applicable governmental authority in accordance with applicable laws. If, however, you refuse collection of funds for whatever reason (e.g. you believe the funds were attributed to you in error, you have already closed your accounting books for the given period and wish to not reopen them), we may apply the funds to offset general operating expenses used to facilitate the Services to you.
If your license terminates for any reason, your access to and use of the Website shall terminate. You will be entitled to retain the User Content you posted to the Website. Your obligation to pay Ryzer for all accrued Usage and Convenience Fees shall survive the termination. If Ryzer is paid in full, Ryzer will permit you to transfer the Website domain name (i.e. URL) into your name. All other aspects of the Website and the Site shall remain the exclusive property of Ryzer or its third-party content providers.
You acknowledge and agree that your use and access to the Website and/or any of our payment collection Services will be deemed acceptance of all prior charges, fees, collections, and/or remittances of any kind or nature associated with your relationship with us, except those covered by a current Claim Period.
Any of your User Content that is posted to or otherwise incorporated into the Website shall remain your sole and exclusive property. Except as provided in this Section, nothing in the Contract shall be construed to grant Ryzer any ownership right, or license to, your User Content. You hereby grant to Ryzer a non-exclusive, worldwide, non-transferable, royalty-free license to store, edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display and otherwise use your User Content as necessary to furnish the Website to you and promote your Event via any Ryzer technologies, including Ryzer.com, RyzerEvents.com and Alerts. Although you hereby authorize us to promote your Event, we do not guarantee inclusion of such Event within any of our specific technologies or Services. The license you grant us under this Section shall be effective for the duration of the period commencing upon the promotion of your Event through and including the date we receive written notice of revocation of this license from you. Such notice should be sent to email@example.com. You understand that your User Content is your sole responsibility irrespective of whether you post the User Content directly to the Website or if Ryzer incorporates it for you. None of the warranties and representation you make in the Contract are void or voidable by operation of the fact that Ryzer, on your behalf, posts, transmits, or otherwise incorporates your User Content on the Website, Ryzer.com, and/or the Ryzer mobile application. This means that you, and not Ryzer, are entirely and solely responsible for your User Content that is part of the Website and/or promoted on Ryzer.com and its mobile application. You are obligated to routinely examine the Website and your Event listing on Ryzer.com and its mobile application to ensure the appropriate User Content is displayed and to notify Ryzer of any errors.
In addition to all other representations and warranties you make under the Contract, you further warrant and represent the following: (a) that your User Content associated with your Event listing will be truthful; (b) that your Event will be legitimate and not a hoax, scam, or other false scheme of any kind; (c) that you will only add an Event to Alerts that you are authorized to list; (d) that you will not misrepresent your identity or that of the Event Organizer if you are its authorized representative; (e) that you will keep current all details associated with your Event (e.g. date, description, price, etc.); (f) that you will not transmit any User Content that constitutes spam; (g) that you will only add an Event that is an Activity Type (e.g. baseball, swimming, gymnastics, etc.) supported by Alerts; and (g) that you authorize Alerts, at its sole and absolute discretion, to place advertisements anywhere on or about your Event content. We reserve all rights to determine the size and positioning of advertisements on any Ryzer Services.
The Contract applies to the Ryzer Widget, which is a digital tool that allows an Event Organizer to embed the Alerts system directly into its website. If you choose to incorporate the Ryzer Widget into a website, you agree to be bound by the Contract. By default, any Member that registers for Alerts through a given Ryzer Widget will only receive Alerts from the Event Organizer that embedded the widget. However, the Member may manually expand their Alert criteria to activities beyond those sponsored by the originating Event Organizer that embedded the widget.