PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND MANDATORY ARBITRATION. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.
Ryzer Mindset reserves the right to change or modify the Terms and Conditions applicable to your use of our Services, or any part thereof, or to impose new conditions, at any time. All such changes will take effect immediately after they have been posted on our Services, and you will be deemed to have accepted any such changes by your use of our Services following such time. Therefore, we encourage you to regularly review the Terms and Conditions.
OUR SERVICES ARE NOT DIRECTED TO, OR INTENDED FOR, CHILDREN UNDER 13 YEARS OF AGE. Ryzer Mindset understands that protecting the privacy of young children is important. For that reason, children under the age of 13 may not use the Services. If you use the Services, you affirm that you are at least 13 years old.
You need a Ryzer account in order to use some of our Services. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our Services. While your use of our Services is subject to the Terms and Conditions, other services offered by Ryzer Mindset may be subject to additional terms and conditions.
You may register to create your own account, or your account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
When you register for your account, you will select a valid email address and password. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur under your email address and password, whether or not authorized by you. You agree to immediately notify Ryzer Mindset of any unauthorized use of your email address and password.
You agree that you will NOT:
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
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.
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 us or our affiliates or partners 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) without our prior written consent.
Use the Services to infringe on the privacy of others by posting confidential information or other personally identifiable information without their express authorization.
Use Ryzer Mindset’s 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.
Impersonate another person, whether actual or fictitious, including without limitation impersonating any Ryzer Mindset 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 without our prior written consent.
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.
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 questions, narrative text (e.g., interactive answers in Mindset Training drills) 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.
Some services offered through the Services may be subject to additional terms and conditions established from time to time; your use of such services is subject to those additional terms and conditions which are incorporated into these Terms of Service by reference.
If you have any comments or questions regarding content or materials on our Services, please contact Ryzer Mindset using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our Services violate your copyright, please contact us as provided in the following section of the Terms and Conditions.
Ryzer Mindset respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our Services, including without limitation User Materials, 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 Mindset 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 Mindset 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 Mindset 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 Mindset to locate the material; (iv) information reasonably sufficient to permit Ryzer Mindset 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 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
For the purposes of clarification, only notices pursuant to the DMCA should be directed to Ryzer Mindset’s DMCA agent. All other questions or concerns about our Services or the Terms and Conditions should be directed to Ryzer Mindset as set forth at the end of the Terms and Conditions.
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our Services, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and "look and feel" of our Services, and the software comprising and/or embodying the foregoing (collectively, the "Ryzer Mindset Content"), are owned, controlled or licensed by or to Ryzer Mindset, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our Services gives you no ownership rights in the Ryzer Mindset Content.
You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our Services or the Ryzer Mindset Content except as follows: (i) you may download the Ryzer Mindset Content to your website viewing device for the purpose of viewing it or importing into an intranet or internal software system for your own internal business purposes; and, (ii) you may print portions of our Services and the associated Ryzer Mindset Content for your personal informational or internal business purpose use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of Ryzer Mindset.
Subject to the limitations of our User License and Subscription Agreement, Ryzer Mindset reserves the right to suspend, restrict and/or terminate your access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, Ryzer Mindset reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer.
Ryzer Mindset may offer products and services on or through our Services. When you enroll for such products or services, you accept the specific agreement(s) applicable to such products or services as described in our User License and Subscription Agreement in addition to the Terms and Conditions.
Our Services may provide links to other websites or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by Ryzer Mindset of the content, products or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that Ryzer Mindset has no responsibility or liability for the availability of such websites or resources, or for the content, advertising, products, services or other materials available through such websites or resources.
Unless otherwise explicitly stated, Ryzer Mindset does not endorse or guarantee any third party products or services advertised on our Services or any third parties sponsoring parts of our Services. Your dealings with advertisers or other third parties found on or through our Services are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that Ryzer Mindset will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our Services.
You understand and agree that the TAP assessment and associated reports and content are to be used for informational and educational purposes only.
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).
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 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.
RYZER 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. RYZER 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 RYZER 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. RYZER 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. RYZER 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.
RYZER 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 RYZER 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. RYZER 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. RYZER 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.
RYZER 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 RYZER 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 RYZER 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.
RYZER 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 RYZER 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.
Unless otherwise stated in a separate agreement between you and Ryzer Mindset that governs your use of Ryzer Mindset’s web and/or mobile based application software, the Terms and Conditions shall be governed by and construed under the laws of the State of Iowa, without regard to conflicts of laws rules. 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.
Any dispute between you and us under the Terms and Conditions or arising out of or relating to your use of the Services, 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.
If you cause a technical disruption of our Services or any aspect of its functionality you agree to be responsible for any and all losses, costs, liabilities or expenses Ryzer Mindset may suffer and you agree to be liable for any attorneys’ fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other vendors in law or equity.
You agree to compensate, indemnify, defend, and hold harmless Ryzer Mindset, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our Services or any violation of the Terms and Conditions.
Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
The failure of Ryzer Mindset to enforce any provision of the Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms and Conditions or to act with respect to similar breaches.
Should you have questions or concerns about the Terms and Conditions, please contact us at