Last updated and effective Date: 09/14/2023
Ryzer Mindset offers an end-to-end online system for helping athletes and teams succeed mentally at every level. Ryzer Mindset (hereinafter Mindset) is majority-owned by Ryzer, LLC (hereinafter “Ryzer”), but is a separate company.
You may need to create a Ryzer account to use all or part of the Ryzer Mindset Services. By creating a Ryzer account and accessing our Services, you are agreeing to enter into a legally binding contract with both Ryzer and Ryzer Mindset (even if you are using our Services on behalf of a school or business). If you do not agree to these contracts (“Contracts”), do not sign-up, login, take the Troutwine Athletic Profile (TAP) assessment, access or otherwise use any of our Services. If you wish to terminate these Contracts, at any time you can do so by closing your account and no longer accessing or using our Services.
These Contracts apply to Ryzer.com (including Mindset.Ryzer.com and EliteTraining.Ryzer.com), Ryzer-branded apps (“Ryzer Go”), and other Ryzer-related sites, apps, digital metric distribution reports (“Scorecards”), ranking lists (“Leaderboards”), widgets, communications, including all the Content contained therein, and other services that state they are offered under and/or that link to this Contract (“Sites” or “Services”). “Content” means information, images, data, text and/or applications obtained by us from our licensors or publicly available sources and provided to you in our Sites and/or Services.
For simplicity, this Contract may refer to the “Ryzer-branded companies” when referring to these two Ryzer-branded companies: Ryzer, LLC and Ryzer Mindset, LLC.
Ryzer Mindset, LLC will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
In this Contract "you" means any User of our Services. This includes any person(s), entity, program, or institution using our Services to assist with their evaluation, discovery and/or coaching of athletes, including Ryzer Users.
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-branded companies, 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.
Mindset, 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 Mindset 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 Sites 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-branded companies or any other party from the Sites 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 Sites are expressly prohibited: (i) any use of the Sites, which in Mindset's sole and absolute judgment, degrades the reputation, reliability, speed, or operation of the Sites or any underlying hardware or software thereof, and (ii) any use of the Sites which is unlawful or in violation of the Contract.
Ryzer-branded companies provide Users an opportunity to post text, images, videos, hyperlinks to third-party sites, and other data to the Sites (collectively, "User Content").
You own the content and information that you submit or post to the Services, and you grant Ryzer-branded companies 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”).
You can end the license you granted Ryzer-branded companies 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-branded companies 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-branded companies, are entirely and solely responsible for all User Content that you post and for the consequences of Ryzer-branded companies 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 (SMS), push notification, 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 (SMS) (“Alerts”) to notify you of upcoming events that meet your relevancy criteria (e.g. activity type, age, gender, past participation, geographic distance, etc.).
If you join our Member sharing and discovery service, Ryzer Connect (“Connect”), we will send emails and/or text messages (SMS) to you and/or the Member you represent (i.e. your child or player you coach) with instructions to establish your/their Connect account and resume.
Standard data messaging rates may apply.
Mindset has a number of defined subsets of our Services (“Products”). Some Products of ours are provided free of charge, while there are other Products that require payment before they can be accessed.
You may purchase a Product directly from Mindset or receive it through a third party (e.g., you take the TAP and receive premium reporting paid for by a sports team you are a member of).
When purchasing a Product directly from Mindset, you will pay a fee plus applicable taxes in advance of accessing the Product (e.g., you first make a fee payment and then are able to access Elite Mindset Training content). Tax rates are calculated based on the information you provide and the applicable rate at the time of your purchase.
If you choose to purchase a Product, you authorize Mindset and/or its designated payment processor to charge you any applicable fee(s) and store payment information you submit to the Site. 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 following format: "RyzerLLC".
Mindset may from time to time make price changes to Products.
Tax rates are based on the rates applicable at the time of your purchase. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
All Mindset product fees are non-refundable unless a product-specific criteria itemized at the time of purchase authorizing a refund is later triggered (e.g. satisfaction guarantee criteria is met by a User to obtain a refund).
Mindset grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Sites for personal, non-commercial purposes. In no event shall you make any derivative use of the Sites, access or manipulate any of the Sites for the benefit of a commercial use, utilize data mining, robots, or other data extraction tools against the Sites, or attempt to reverse engineer or otherwise deconstruct any Content or feature of the Sites. 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 Sites, 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-branded companies 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 Sites 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 Sites terminates and you must immediately destroy any copies you have made of the Content.
Ryzer™, Ryzer Mindset™, Ryzer Events™, Ryzer Connect™, and Ryzer Verified™ are trademarks of Ryzer-branded companies. All graphics, logos, page headers, scripts, and trade or service names included in the Sites are trademarks, copyrights, 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 Sites 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.
Mindset may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Sites’ features, database, Content, including User Content. Mindset may also impose limits on certain features or services or restrict your access to parts or all of the Services without notice or liability. Mindset 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 Mindset, you agree that Mindset 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, Mindset 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; (c) that you will not misrepresent your identity or that of any User if you are their authorized representative; (d) that you will not transmit any User Content that constitutes spam. We reserve all rights to determine the size and positioning of advertisements on http://Ryzer.com and its mobile application.
YOU AGREE THAT THE TAP ASSESSMENT DOES NOT MEASURE AN INDIVIDUAL'S CLINICAL OR MENTAL PERSONALITY, DOES NOT CREATE MEDICAL INFORMATION, DOES NOT MAKE A MEDICAL OR PSYCHOLOGICAL DIAGNOSIS, AND DOES NOT FALL UNDER THE UNITED STATES HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA).
Our Services may allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation photographs, videos, biographical information, your answers to survey/assessment questions, text submitted in forms, and other materials (collectively, "User Materials"). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services.
By using our Services and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the Ryzer Mindset Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys’ fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.
You further acknowledge that Ryzer Mindset has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from our Services, without prior notice, any User Materials, including without limitation User Materials that violate the Terms and Conditions.
We periodically schedule system downtime for maintenance and other purposes. Unplanned outages also may occur. Mindset shall have no liability for the resulting unavailability of the Sites or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers, or third party applications integrated with our Sites.
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED "AS IS," "WITH ALL FAULTS," "AS AVAILABLE," WITH NO WARRANTIES WHATSOEVER AND THEREFORE MINDSET EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
MINDSET DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SERVICES, THE FUNCTIONALITY OF THE SERVICES, OR THE AVAILABILITY OF THE SERVICES. MINDSET CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINDSET, OR FROM OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. MINDSET MAKES NO SUCH WARRANTY. RYZER MINDSET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. MINDSET DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MINDSET EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. RYZER MINDSET IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL MINDSET BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY USER MATERIALS POSTED ON OR THROUGH THE SERVICES OR TRANSMITTED TO USERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OR OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. RYZER MINDSET TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED THROUGH THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR WEBSITES PROVIDED BY ITS ADVERTISERS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. MINDSET IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. MINDSET IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICES, VIEWING, PLAYING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE SERVICES, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICES.
MINDSET ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR USER COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL MINDSET, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USE DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER OR NOT MINDSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATIONS OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM THE SERVICES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
MINDSET ASSUMES NO RESPONSIBILITY FOR ANY CONCLUSIONS, OPINIONS, OR DECISIONS MADE BY OTHERS, INCLUDING USERS YOU HAVE SHARED YOUR INFORMATION WITH, RELATING IN ANY WAY TO OUR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, UNDER NO CIRCUMSTANCES SHALL MINDSET BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
Both you and Ryzer may terminate this Contract at any time with notice to the other unless there is a different agreement in writing. 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.
Mindset 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.
Unless otherwise stated in a separate agreement between you and Mindset, you agree that the courts of Iowa shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state courts in Polk County, Iowa. 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 Sites, 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 Mindset 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 Mindset agree that any cause of action arising out of or related to the Sites 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.
MINDSET HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR 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 MINDSET 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, LIABILITIES, 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 Mindset. 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 Mindset 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 Mindset under the Contract are freely assignable and/or delegable by Mindset 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 Mindset.
Mindset does not permit infringement of intellectual property rights. If you believe that any Content on the Sites infringe your copyright or other intellectual-property rights, you may notify Mindset by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act as follows:
Ryzer Mindset’s designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Ryzer Mindset LLC
Attn: Heather Gayer (DMCA Notice)
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.
Mindset 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 firstname.lastname@example.org 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 Mindset, PO Box 3868, Urbandale, Iowa 50323.
This Section of Supplemental Terms only applies to Team Account Administrators (e.g., Coaches, Staff, etc.) that set up a Mindset team account, get invited to join a Mindset team account as an Administrator by an existing Team Account Administrator, or access a Mindset team account (or content derived from a Mindset team account) through a different Ryzer Site. In addition to all other provisions of the Contract, the following terms apply to such Team Account Administrators:
"Enterprise" means an entity such as a company, organization, school, sports team, consulting organization or other legal entity, including all the individuals that are included as making up the entirety of the entity.
"Order Form" means an online ordering form, invoice, or other written agreement specifying the Services to be provided hereunder and applicable pricing fees, if any, that is entered into between you and Mindset.
"Product" means a defined subset of our Services made available for use by individuals or Enterprises.
"You" or "your" includes both you the individual person and also the associated school, college, corporation, partnership, non-profit organization, services organization, or other legal entity for which you are accepting this Agreement, and Affiliates of that school, college, corporation, partnership, non-profit organization, services organization, or entity.
You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, You may not access the Services for purposes of monitoring the availability, performance or functionality of the Services, or for any other benchmarking or competitive purposes.
This Agreement is effective between you and Ryzer Mindset as of the date you accept this Agreement by accepting online through our Services, or by consummating a Product Purchase through online order, online account activation, written agreement, purchase order, or invoice payment.
Some of our Products for teams may be available free of charge depending upon your organization type and status (e.g., a college team that uses Ryzer Events for their camp registration platform). If you are entitled to receive a Product(s) of ours free of charge, you will complete the appropriate Order Form or activate the Product(s) through your relationship with our parent Ryzer.
We will then make the Product(s) available to you free of charge until the earlier of (i) the termination of the applicable Product(s) per Section 6; or (ii) if your access to the Product free of charge was provided based upon your status as a Ryzer customer, your termination as a customer of Ryzer.
Additional terms and conditions may appear on the free version Order Form. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU INPUT OR ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE USE OF OUR SERVICES WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE IN THE FREE VERSION OR EXPORT SUCH DATA, BEFORE TERMINATION.
NOTWITHSTANDING SECTIONS 4, 5, & 8, FREE VERSION SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY.
Upon completing a Product purchase through an Order Form, we will make the purchased Product available to you pursuant to this Agreement.
When purchasing a Product directly from Mindset, you will pay a fee plus applicable taxes in advance of accessing the product. Products for teams are purchased in two manners: (i) one-time fee for a specified product (e.g., you pay a set fee and receive a set number of Mindset Credits); or (ii) a subscription where you pay a subscription fee plus applicable taxes in advance on a monthly/annual basis or some other recurring interval disclosed to you prior to your purchase (e.g., you pay an annual subscription fee for a Mindset team account).
Tax rates are calculated based on the information you provide and the applicable rate at the time of your purchase.
If you choose to purchase one or more of our Products and pay online, you authorize Mindset and/or its designated payment processor to charge you any applicable fee(s) and store payment information you submit to the Site. 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 following format: "RyzerLLC".
Other ordering and payment methods may be available through an Order Form on our Sites, e.g., Purchase Order, Invoice, Check payment, etc.
Mindset may from time to time make price changes to Products, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the applicable Product of the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your purchase or annual/monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
All Mindset Product fees are non-refundable unless a product-specific criteria itemized at the time of purchase authorizing a refund is triggered (e.g. satisfaction guarantee criteria is met by a user to obtain a refund).
Subscriptions to Mindset will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. Contact our Customer Support team at email@example.com for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
During the term of this Agreement, we shall be permitted to identify you as a customer and to hyperlink from our web site to your Internet website and/or social media account. With prior written consent, we shall be permitted to use your name and additional content in news releases, articles, brochures, marketing materials, advertisements and other publicity or promotions. No specific consideration or endorsement fee shall be required for this right.
The relationship between you and us is that of independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.