APP TERMS AND CONDITIONS OF USE AND END USER LICENSE AGREEMENT
1. User's Acknowledgment and Acceptance of Terms
2. Acknowledgments; App Limitations
By downloading the App you indicate that you acknowledge and understand that:
(a) USE OF THIS APP IS NOT A REPLACEMENT FOR DIALING 911 IN CASE OF EMERGENCY. You should always comply with your school’s standard operating procedure (SOP) when faced with an intruder or emergency situation.
(b) YOU CANNOT USE THIS APP TO DIAL 911 TO CONTACT EMERGENCY SERVICES. Contacting emergency services via 911 is not an available feature through this App. Telephone systems are localized, so if a person dials 911, the call is routed to their local 911 dispatch office. Because our system is based on a server, for example, in Denver, entering 911 would alert the Denver dispatch office (i.e. the wrong office). Therefore, we have built a failsafe into the system which disallows the you from entering 911 as a recipient of a call for help.
(c) Use of this App is NOT intended and should not be used to supplant your school’s emergency response policy.
(d) This App is only to be used by teachers, administrators, and staff from accredited pre-k - 13+ schools, colleges, and universities.
(e) No one under the age of 18 is authorized to use this App.
(f) You acknowledge and agree that any notifications you initiate through the APP may be disclosed to law enforcement and other third parties as we deem appropriate, in our sole discretion, to protect your personal safety or the safety of others or prevent any unlawful, harmful, inappropriate or dangerous activity. By submitting a notification, you acknowledge and agree that we, our Technology and Service Providers and your selected affiliated school, are authorized but not obligated to take any steps they deem appropriate in our or their sole discretion to follow up on such notifications.
3. Description of Services
This App is designed to help teachers and other school personnel alert designated official(s) if they spot a possible intruder on the school premises. You are solely responsible for providing, at your own expense, all equipment necessary to use the App. To the extent you access the App through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
You understand and agree that temporary interruptions of the services available through this App may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this App, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this App are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure of this App whatsoever.
4. Registration Data and Privacy
In order to access the services on this App, you will be required to create an account when providing your first and last name, mobile phone number, and the name your affiliated school ("Registration Data"). You will also be responsible for maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
5. Conduct on App
Your use of the App is subject to all applicable laws and regulations, and you are solely responsible for the contents and your communications through the App. By initiating a notification or otherwise using any communications or other interactive service that may be available to you on or through this App, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the App may be available to you or other authorized users of the App. You shall not interfere with anyone else's use and enjoyment of the App or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your use of the App without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Apps, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third Party Apps and Information
This App may link you to other Apps on the Internet or otherwise include references to information, documents, materials and/or services provided by other parties. These apps may contain information or material that some people may find inappropriate or offensive. These other apps and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such apps, nor are we responsible for errors or omissions in any references to other parties or their services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the app or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information; License
Copyright © 2018 Ryland Consulting, LLC. All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of content displayed on, or obtained through, this App will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this App infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
8. User's Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this App believes its copyright, trademark or other property rights have been infringed by a posting on this App, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Customer Service for Ryland Consulting, LLC
10801 Starkey Road
Seminole, FL 33777
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our App without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. Disclaimer of Warranties
YOUR USE OF THE APP IS AT YOUR SOLE RISK. ALL SERVICES ON THIS APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY SERVICES, OBTAINED BY YOU FROM THE APP, FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
WE, YOUR SERVICE PROVIDERS AND YOUR SELECTED AFFILIATED SCHOOL ARE NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY TO YOU OR ANYONE ELSE WITH RESPECT TO ANY NOTIFICATION YOU CHOOSE TO SUBMIT USING THE APP, OR WITH RESPECT TO ANY ACTION OR INACTION UNDERTAKEN OR NOT UNDERTAKEN IN RESPONSE TO YOUR NOTIFICATION. YOU ARE SOLELY RESPONSIBLE FOR ANY SUBMITTED NOTIFICATION YOU REPORT THROUGH THE APP, INCLUDING ANY SUBMITTED NOTIFICATION THAT IS VIEWED AS BEING OBSCENE, OFFENSIVE, INAPPROPRIATE, DEFAMATORY, UNTRUTHFUL, ILLICIT, HARASSING, THREATENING, STALKING, DISCRIMINATORY, ABUSIVE, OR PROFANE. WE AND OUR TECHNOLOGY AND SERVICE PROVIDERS RESERVE THE RIGHT TO REJECT AND/OR REMOVE ANY SUBMITTED NOTIFICATION AT ANY TIME AND IN OUR SOLE DISCRETION.
THIS APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICES OF THIS APP AT ANY TIME WITHOUT NOTICE. THE SERVICES AT THIS APP MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH SERVICES.
THE USE OF THE SERVICES THROUGH THIS APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOUR USE OF THE APP CAUSES.
Through your use of the App, you may have opportunities to engage in commercial transactions with other vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this App often represents the opinions and judgments of an information provider, App user, or other person or entity not connected with Ryland Consulting, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Ryland Consulting, LLC spokesperson speaking in his/her official capacity.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, TORT CLAIMS OR BREACH OF CONTRACT CLAIMS,WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP OR OF ANY WEB APP REFERENCED OR LINKED TO FROM THIS APP.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS APP, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof. 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
12. App Store Providers Terms
(a) You will only use the App in connection with a device that you own or control;
(b) You acknowledge and agree that the App Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(c) You acknowledge and agree that we, and not the App Stores, are responsible for addressing any claims you or any third party may have in relation to the App;
(d) You acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not the App Store, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; and
(e) Both you and we acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
13. Security and Password
You are solely responsible for maintaining the confidentiality of your device password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any cell phone or mobile device charges incurred. Therefore, you must take steps to ensure that others do not gain access to your device password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
We strongly encourage you to set “difficult” device passwords. Your name and school affiliation can be changed in the setup section of the App. You are solely responsible for the activity that occurs on your account. You agree to notify us immediately by email at email@example.com of any unauthorized use of your account. We and our Technology and Service Providers will not be liable for any loss or damage caused by any unauthorized use of your account.
14. Export Controls
Software available on or through this App is subject to United States Export Controls. No software from this App may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. International Use
Although this App may be accessible worldwide, this App is not intended for use in locations outside the United States. Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this App is void where prohibited.
16. Termination of Use
17. Governing Law
This App (excluding any linked Apps) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states. As each of these states have laws that may differ from those of Florida, by accessing this App both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this App and the purchase of services available through this App. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of Pinellas County and the United States District Court for Middle District of Florida with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at Ryland Consulting, LLC, 10801 Starkey Road, #104-347, Seminole, Florida 33777 if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the App to inform you of changes to the App or other matters of importance, and such broadcasts shall constitute notice to you.
19. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this App, or use of or access to this App.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of services available through our App arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or these Term of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. Contact Information
END OF RYLAND TERMS AND CONDITIONS END USER LICENSE AGREEMENT
1. Types of Information Collected
In order to better provide you with our services, we collect three types of information about our users: Personally Identifiable Information, Non-Personally Identifiable Information and Location-Based Information.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this App, such as registering for a membership or submitting a notification, we may ask you to provide certain information about yourself. It is completely optional for you to elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, affiliated school, job title and department, telephone and facsimile numbers, and other personal identifying information. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where the App is used so that we can better understand customer behavior and improve our services and advertising.
Location-Based Information: To provide location-based services on our App, We and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by us and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location to better enable school administrative officials to respond to a notification sent out by you to indicate there is an intruder on the school premises.
2. Collection Methods and Use of Information
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) download the App; (b) create an account; (c) sign up for special notification; (d) send email messages to us, or submit forms or transmit other information by telephone or letter. We may also collect information from you at other points on the App that state that such information is being collected.
In addition, we may also collect certain Non-Personally Identifiable Information or Location-Based Information. This information is ultimately used to diagnose problems with our servers or software, to administer the App, to gather demographic information or send out notifications as you direct.
3. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate the App and to deliver our services. For example, we must release your Location-Based Information, Affiliate School and name when you send a notification of an intruder. Personally Identifiable Information will only be shared by us to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who may attempt to use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
4. Updating and Correcting Information
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account on the App at any time. You may also access and correct your personal information and privacy preferences by writing us at:
Ryland Consulting, LLC d/b/a Evalyon
10801 Starkey Road
Seminole, FL 33781
Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past notifications, you cannot delete information associated with past notifications on this App. In addition, it may be impossible to completely delete your information without some residual information because of backups.
5. User Choices on Collection and Use of Information
We may, from time to time, send you email regarding our services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Ryland Consulting, LLC (or agents working on behalf of Ryland Consulting, LLC and under confidentiality agreements) will send you these electronic mail offers and only if you indicated that you do not object to these offers. If you do not want to receive such email offers, simply indicate this within the Evalyon Intruder Alert system when registering and when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.
6. Security of Information
You can be assured that your Personally Identifiable Information is transmitted and stored securely, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet and over wireless networks that are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this App cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
7. Privacy Policies of Third Party Apps or Sites
8. Miscellaneous Privacy Issues
You must be at least 18 years old to have our permission to use this App. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.
Ryland Consulting, LLC
Attn: Privacy Compliance Officer
10801 Starkey Road
Seminole, FL 33777
You may also contact us by email at email@example.com.