Effective Date: 03/31/2021
Welcome to the Ryzer Recruit (“Ryzer Recruit”, “Recruit”, “we”, “us” or “our”) digital services offered by Ryzer, LLC. Ryzer Recruit is a web and mobile system that provides prospective student athletes the ability to showcase their validated physical and mindset achievements and attributes to college, national/Olympic, and/or professional team coaches as well as the general public.
Ryzer Recruit is owned by Ryzer, LLC (“Ryzer”) and works closely with Ryzer Mindset, LLC (“Ryzer Mindset”). Ryzer builds technologies and services that enable athletes to connect with coaches, and event attendees with organizers. Ryzer Mindset offers an end-to-end online system for helping athletes and teams succeed mentally at every level.
This contract (“Contract”) applies to Ryzer.com and other Ryzer Recruit-related sites, apps, widgets, communications, and other services that state they are offered under and/or that link to this Contract (collectively the “Services”). When you access or use our Services, you are agreeing to be bound by these Terms of Use and by our Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree with the Terms and Conditions, you may not use the Services.
When you participate in a Ryzer sports camp/event or otherwise set up a personal online account with Ryzer, you become a “Ryzer Member”; Or, if you take the TAP assessment through Ryzer Mindset, you receive a personal online Ryzer account and become a “Ryzer Member”.
If you are a Ryzer Events operator, Ryzer Mindset team account administrator, or premium services user of Ryzer Recruit, you are a “Ryzer Coach”.
If you use our Services and you are not a Ryzer Member nor a Ryzer Coach, you may access certain features as a “Visitor”.
In this Contract "you" means any Ryzer Member, Ryzer Coach, or Visitor.
When you use our Service you are agreeing to enter into a legally binding contract with Ryzer (even if you are using our Services on behalf of a school, college, or business). If you do not agree to this Contract, do not join, login, access or otherwise use any of our Services. If you wish to terminate this Contract, at any time you can do so by changing your settings as a Ryzer Member, or deleting your Ryzer and/or Ryzer Mindset account(s), or no longer accessing or using our Services.
All users of the Services must review our Privacy Policy prior to use. By using the Services, you indicate that you have reviewed and understand the information outlined in our Privacy Policy.
We may modify this Contract and our Privacy Policy from time to time. If we make material changes to either, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date. We agree that changes cannot be retroactive.
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 (e.g., creation of a Ryzer Member online resume), you need to have or create a Ryzer user account with a password. If you use the Services that require a Ryzer user account, 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 Recruit, misrepresent your identity, create a Ryzer Recruit Resume for anyone other than yourself (unless you are a Ryzer Member’s guardian/representative and you are helping create their resume on their behalf), or use or attempt to use another’s Ryzer 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 Ryzer Mindset (“Ryzer-branded companies”) nor 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 a reasonable opportunity to act on that notice.
As between you and others (including your school, college, or employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Ryzer Recruit scouting services purchased by your employing college), 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.
The following list of activities are expressly prohibited and you agree not to:
Systematically retrieve data or other content from the Services 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 for any unauthorized purpose.
Penetrate or attempt to penetrate the security measures protecting our Services, including without limitation by hacking, password "mining" or any other illegitimate means.
Probe, scan or test the vulnerability or security of our Services.
Intentionally disrupt the operation or functionality of our Services.
Transmit viruses, "Trojan horses," chain letters, junk mail, "spam" or bulk communications of any kind.
Frame or utilize framing techniques to enclose any portion of our Services without written authorization from Ryzer.
Use any robot or spider to collect information about users for any unauthorized purpose.
Take any action that may impose (as we determine in our sole discretion) an unreasonable or disproportionately large load on the infrastructure of the Services, interfere or attempt to interfere with the proper working of the Services or bypass any measures intended to prevent or restrict access to the Services.
Any use of the Services, which in Ryzer's sole and absolute judgment, degrades the reputation, reliability, speed, or operation of the Services or any underlying hardware or software thereof.
Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service except to the limited extent applicable laws specifically prohibit such restriction.
Use our Services or any information obtained from our Services for any purpose other than your personal and non-commercial use related to any of the Services offered by the Ryzer-branded companies or our affiliates without our prior written consent.
Sell or transfer any information obtained from our Services to a third party.
Use the Services to disseminate unsolicited commercial advertisements of a nature typically characterized as spam, including but not limited to hyperlinks provided by commercial advertisement agencies.
Use the Services to conduct commercial activities and/or sales (such as contests, sweepstakes, barter, advertising or pyramid schemes) and/or fundraising of any kind.
Use the Services to infringe on the privacy of others by posting confidential information or other personally identifiable information without their express authorization.
Use the Services in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity.
Use our Services to violate any applicable law or violate this Contract.
Impersonate another person, whether actual or fictitious, including without limitation impersonating any Ryzer employees, consultants, affiliates, or partners
Use our Services to post, disseminate, submit, transmit, host, share and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Use our Services to post, disseminate, submit, transmit, host, share and/or publish advertisements or solicitations of business.
Use any trademarks, trade names or other intellectual property of Ryzer-branded companies or any other party from the Site in any manner that may damage any goodwill in the intellectual property
Use our Services to post, disseminate, submit, transmit, host, share and/or publish material that is protected by copyright, trade secret, patent, trademark and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent and release with respect to such material as provided in the Terms and Conditions.
Unless you are a Ryzer Coach, collect email addresses, phone numbers, and/or other contact information of Ryzer Members by electronic or other means for the purpose of sending unsolicited email or other communications.
You consent to Ryzer sending communications to you. You authorize us to provide communications to you by email, phone, text message, social media, and/or by mail. Examples include (“Notifications”) to alert you to recent updates or detected information gaps in your User Content (defined in Section 3 below) or that you appear on a Ryzer Recruit Leaderboard (e.g. a “shout out” on social media that you appear on a newly published online leaderboard). In addition, based on the notification preferences you select within your Ryzer account, Ryzer may send you email, social media, and/or text messages (“Alerts”) to notify you of upcoming events that meet your relevancy criteria (e.g. A new “Ryzer Verified” athletic testing event is scheduled in your geographic area). Standard data messaging rates may apply.
Special terms relating to Ryzer Visitors.
Our License to Visitors
Subject to your compliance with this Contract, Ryzer hereby grants you a limited, non-exclusive, nontransferable license for the duration of this Contract to make use of Ryzer’s web and mobile applications. In no event shall you make any derivative use of Ryzer, access or manipulate any of Ryzer’s technologies 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, or attempt to reverse engineer or otherwise deconstruct any Content or feature of Ryzer. 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 this Contract.
Access to Visitors
Visitors can conduct basic web searches and view leaderboards of Recruit free of charge.
Our License to Ryzer Members
Subject to your compliance with this Contract, Ryzer hereby grants you a limited, non-exclusive, nontransferable license for the duration of this Contract to make use of Recruit’s web and mobile applications. In no event shall you make any derivative use of Ryzer, access or manipulate any of Ryzer’s technologies 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, or attempt to reverse engineer or otherwise deconstruct any Content or feature of Ryzer. 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 this Contract.
Access to Ryzer Members
Ryzer Members have the same access as Visitors plus the ability to view other Ryzer Members’ activated resumes free of charge.
Ryzer Member’s Submission of User Content to Our Services and License to Us
Ryzer Recruit provides Ryzer Members an opportunity to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation photographs, images, videos, personal (biographical, contact, and/or academic) information, hyperlinks to third-party sites, and other data to the Services (collectively, “Ryzer Member-submitted User Content"); The Ryzer-Member-submitted User Content combined with Ryzer Coach-submitted User Content collectively makes up one’s aggregate “User Content”.
Any of your User Content that is posted by you or others into Services, or otherwise incorporated into Ryzer, shall remain your property. Except as provided in this Section, nothing in this 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, transferable, sublicensable, 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 without any further consent, notice and/or compensation to you or others. The license you grant us under this Section shall be effective through the date we receive notice of revocation of this license from you.
You and Ryzer agree that we may access, store, process, use, and display any User Content that you provide in accordance with the terms of our Privacy Policy and your choices (including your user settings with other Ryzer-branded companies and their respective privacy policies).
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 Ryzer account.
Our License to Ryzer Coaches
Subject to your compliance with this Contract, Ryzer hereby grants you a limited, non-exclusive, nontransferable license for the duration of this Contract to make use of Recruit’s web and mobile applications. In no event shall you make any derivative use of Ryzer, access or manipulate any of Ryzer’s technologies 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, or attempt to reverse engineer or otherwise deconstruct any Content or feature of Ryzer. 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 this Contract.
Access to Coaches
A Ryzer Member’s activated resume, including their visibility in public searches and leaderboards, is accessible by Ryzer Coaches free of charge.
Payment for Recruit’s Premium Services
Ryzer Coaches may elect to use Recruit’s premium service to discover and evaluate prospective student-athletes. This includes accessing the User Content made available by the prospective student-athlete on the Recruit platform. All fees will be consistent and clearly displayed prior to purchase.
If you buy any of our premium services, you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your premium Services. We may calculate and collect taxes payable by you based on the billing information that you provide us at the time of purchase. All purchases are subject to Recruit’s stated refund policy. Your use of Ryzer Mindset data through Recruit’s premium services is bound by a Contract between you and Ryzer Mindset, LLC found here: Mindset Terms & Mindset Privacy
Ryzer Coaches Submission of User Content
Ryzer Recruit provides Ryzer Coaches an opportunity to submit athletic/mindset assessment data collected upon Ryzer Members (collectively, "Ryzer Coach-submitted User Content"). The Ryzer-Member-submitted User Content combined with Ryzer Coach-submitted User Content collectively makes up one’s “User Content”.
Ryzer Coaches License to Us
You own the Ryzer Coach-submitted User Content that you submit or post to Recruit via the Services of Ryzer-branded companies (e.g. the Ryzer Go app), and you hereby grant Ryzer and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, User Content that you provide through Recruit and/or the services of others, without any further consent, notice and/or compensation to you or others.
You can end this license for specific User Content by deleting it from Ryzer, or generally by closing your account. However, if the User Content you post or submit to Recruit includes the name, likeness, or other personally identifiable information (“Personal Data”) of a specific Ryzer Member or Visitor (“Identifiable Person”), you hereby grant to the Identifiable Person the same non-exclusive license and rights to their Personal Data that this section grants to Recruit. If the Identifiable Person publishes, distributes, or otherwise shares the User Content which includes their Personal Data, you may lose the ability to delete it from Recruit and/or other Ryzer-branded companies’ Services.
Resumes, Scorecards, and Leaderboards
Recruit allows sharing of User Content in many ways, such as resumes, scorecards, and leaderboards. User Content that you post or submit to Recruit via Ryzer Go or other Ryzer-branded companies’ Services may be seen by other Ryzer Members or Visitors. Where we have made display settings available, we will honor the choices you make about who can see content or information. However, there are some scenarios in which User Content may be published without your further consent. For example, if you utilize the Ryzer Go app to collect Personal Data including athletic performance data of an Identifiable Person, and you utilize the scorecards Service to share User Content, the identifiable Person’s First and Last Name, School, and performance data may appear on leaderboards accessible by other Ryzer Members and Visitors. The Identifiable Person or their guardian/representative can have their Personal Data redacted from such leaderboards by contacting Ryzer.
We are not obligated to publish any User Content on Recruit’s Services and can remove it with or without notice.
Copyrights
All materials contained in the Services, 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 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 or share the links to freely-accessible Content from the Services 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 Services terminates and you must immediately destroy any copies you have made of the Content.
Trademarks
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 Services are trademarks or trade dress of Ryzer or its third-party content providers. Our 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 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.
Changes to Our Services
Ryzer may change, suspend or discontinue any aspect of the Services at any time, including the availability of any of the Services’ 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.
Suggestions
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.
Data Transmittal
You acknowledge and agree that regardless of physical location, Ryzer may store and process any data transmitted to the Services at locations both within and outside of the United States.
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 Services. While Ryzer seeks to provide the most responsive, current, and relevant information, we cannot commit to precise intervals at which information on the Services will be updated. No advice or information given by Ryzer or any other party on the Services shall create any warranty or liability. Further, any content transmitted or posted to the Services by a Ryzer Member, Ryzer Coach, or 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 Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers.
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 RYZER 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.
RYZER 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. RYZER 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 RYZER, 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. RYZER MAKES NO SUCH WARRANTY. RYZER 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. RYZER 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.
RYZER 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 IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL RYZER 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 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.
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 OUR SERVICES, 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.
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. RYZER 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. RYZER 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 CONTENT OR MATERIALS ON OR FROM THE SERVICES, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICES.
RYZER 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 RYZER, 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 RYZER 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.
RYZER 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 RYZER BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
YOU ACKNOWLEDGE THAT RYZER IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND AN EVENT ORGANIZER THAT CONDUCTS RYZER VERIFIED ATHLETIC TESTING. 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. YOU FURTHER ACKNOWLEDGE THAT RYZER IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND RYZER MINDSET INVOLVING THEIR MINDSET ASSESSMENT SERVICES.
Ryzer licenses data from Ryzer Mindset and their affiliates including Event Operators (“Recruit Data Providers”). Ryzer has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of the data derived from the Recruit Data Providers. Ryzer does not endorse any Recruit Data Provider over another. You acknowledge Ryzer has no responsibility for the products and/or services associated with a Recruit Data Provider, the truth or accuracy of content provided to Ryzer from a Recruit Data Provider.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. Ryzer advises you to read and be aware of all Terms of Use and Privacy Policies from any Recruit Data Provider that applies to you. If you find any inaccuracies in your content, reach out to the relevant Recruit Data Provider per their respective Terms of Use and Privacy Policies.
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, 6, and 7 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.
In the unlikely event of a legal dispute, you and Recruit agree to resolve it in Iowa courts using Iowa law
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.
YOU HEREBY FULLY AND COMPLETELY RELEASE, FOREVER DISCHARGE, HOLD HARMLESS AND AGREE TO DEFEND AND INDEMNIFY RYZER AND THE RYZER-BRANDED COMPANIES 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 CONTENT IN OUR SERVICES. THE LICENSE, CONSENT AND RELEASE HEREIN IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, LICENSEES AND ASSIGNS.
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 OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY A RECRUIT DATA PROVIDER, 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 RECRUIT DATA PROVIDER 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 RYZER MEMBERS, RYZER COACHES, OR VISITORS OF THE SERVICES, 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, 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 SERVICES. 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.
You further represent and covenant that any information submitted to the Services 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.
If you encounter problems with the Content within our Services, here is how to let us know.
Ryzer is not responsible for the actions of any Ryzer Coach that operates an event that produces Ryzer Verified data. Specific questions and concerns about Content relating to Ryzer Verified testing results should be directed to the specific Ryzer Coach that operated the event.
Ryzer is not responsible for the actions of Ryzer Mindset in their offering the TAP assessment to collect mindset data, nor for the actions of Ryzer Coaches that offer the TAP assessment through an event they operate. Specific questions and concerns about Content relating to mindset data should be directed to Ryzer Mindset.
Ryzer respects the valid intellectual property rights of others. If you believe that any content or materials on our Services, including without limitation User Content, infringes your copyright or other intellectual-property rights, we will respond to allegations in accordance with the Digital Millennium Copyright Act (the "DMCA").
The DMCA provides a process for copyright owners to give notification to online service providers concerning alleged copyright infringement. When Ryzer receives a valid DMCA notification, we respond by removing (or disabling access to) the allegedly infringing content or materials. After removing such content or materials, Ryzer will take reasonable steps to contact the owner of the removed content or materials so that a DMCA counter notification may be submitted. After receiving a valid counter notification, Ryzer generally restores the allegedly infringing content or materials, unless we receive further notice from the copyright owner that a legal action has been filed seeking a court order to restrain the alleged copyright infringer from engaging in the allegedly infringing activity.
If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our Services, including without limitation User Materials, violate your copyright, you may submit a notification pursuant to the DMCA by providing our DMCA agent with the following information in writing (please see 17 U.S.C. §512(c)(3) for further detail):
(i) your physical or electronic signature;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Ryzer to locate the material (e.g., the URL (web page address) of the location where the copyrighted work exists;
(iv) information reasonably sufficient to permit Ryzer to contact you, such as an address, telephone number, and, if available, an email address;
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
(vi) a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
Ryzer’s designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Ryzer, LLC
Attn: Heather Gayer – Ryzer Recruit (DMCA Notice)
PO Box 3868
Urbandale, Iowa 50323
Email: dmca_recruit@ryzer.com
For the purposes of clarification, only notices pursuant to the DMCA should be directed to Ryzer’s DMCA agent. All other questions or concerns about our Services or the Terms and Conditions should be directed to Ryzer Recruit as set forth at the end of the Terms and Conditions.
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 customerservice@ryzer.com
Do you have general feedback, questions, or concerns? Here is our contact info.
Web: https://ryzer.com/help/
Email: customerservice@ryzer.com
Phone: 515-598-9540
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