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DATACAPTURE ED™ DEMO APP TERMS AND CONDITIONS OF USE AND END USER LICENSE AGREEMENT

 

1.   User's Acknowledgment and Acceptance of Terms

 

Ryland Consulting, LLC, (referred to as "us" or "we") provides the DataCapture mobile application and various related services (together referred to as this "App") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services on this App, users shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

 

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS APP, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE APP NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS APP, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS APP, IS TO STOP USING THE APP AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS APP.

 

These Terms of Use are effective as of June 20, 2021. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this App and these Terms of Use periodically and to be aware of any modifications. Your continued use of this App after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

 

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this App and/or its contents.

 

2.   Acknowledgments; App Limitations  

 

By downloading the App you indicate that you acknowledge and understand that:

 

(a) You acknowledge and agree that the Terms of Service are solely between you and Ryland Consulting, LLC, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Service and any law applicable to Ryland Consulting, LLC as provider of the App.

(c) You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to Ryland Consulting, LLC as provider of the software.

(d) You acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Ryland Consulting, LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service.

(e) You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(f) You and Ryland Consulting, LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your license of the App, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to your license of the App against you as a third-party beneficiary thereof.

 

3.   Description of Services

 

This App is designed to demonstrate DataCapture Ed on iPads.  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.

 

We reserve the sole right to either modify or discontinue the App, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this App shall also be subject to these Terms of Use.

 

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 by providing a 4-digit PIN code, your first and last name, and email address ("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 © 2015 Ryland Consulting, LLC. All Rights Reserved.

 

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, functionality, video, graphics, music, sounds, and other material and services that can be viewed by users on our App. 

 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Ryland Consulting, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this App in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted content available on or through the App. Any unauthorized use of the content appearing on this App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

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.

 

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Ryland Consulting, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Ryland Consulting, LLC or its Affiliates.

 

Subject to these Terms of Use, we grant you a nonexclusive, limited, non-transferable, freely revocable license to use the App for your personal, noncommercial use only and as permitted by the features of the App. We reserve all rights not expressly granted herein. We may terminate this license at any time for any reason or no reason. Except as expressly authorized in this Section 4, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the App, including in each case any content contained therein, other than the content that you legally store within the App.

 

8.   User's Materials

 

Subject to our Privacy Policy, any communication or material that you transmit through this App or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.  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:

 

Ryland Consulting, LLC

attn: Customer Service Dept

6713 Sandwater Trail N

Pinellas Park, FL 33781

gcleveland@me.com

 

 

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, 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

 

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this App shall be limited to the amount you paid us for the services on the App during the one (1) month period before the act giving rise to the 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.

 

11.    Indemnification

 

You agree to defend, indemnify and hold harmless us and our Technology and Service Providers, affiliates, officers, directors, employees, contractors, agents, representatives and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees or invoices from emergency service providers for their services) arising from: (a) your use of and access to the App, including any data or content transmitted or received by you; (b) your violation of any term of these Terms of Use; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule, regulation or affiliated school policy; (e) any claim or damages that arise as a result of any of your submitted notifications; or (f) any other party’s access and use of the App by using your device password, case number or other appropriate security code. 

 

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

 

App Store Providers will be third-party beneficiaries to these Terms of Use if you access the App Stores for applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third-party beneficiaries are not parties to this agreement and are not responsible for the provision or support of the app in any manner. Your access to the app is subject to terms set forth in the applicable third-party beneficiary’s terms of service. The following additional terms apply to your use of the app obtained through the Apple App Store:

 

(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 email address can be changed in the setup section of the App. You are solely responsible for the activity that occurs on 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

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11 and 13-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

 

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.

 

18.    Notices

 

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 gcleveland@me.com, if by email, or at Ryland Consulting, LLC, 6713 Sandwater Trail N, Pinellas Park FL 33781 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.

 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.

 

19.    Entire Agreement

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this App is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

20.    Miscellaneous

 

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use.

 

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.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

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. 

 

We may assign or transfer these Terms of Use, in whole or in part, without restriction.

 

21.    Contact Information

 

Except as explicitly noted on this App, the services available through this App are offered by Ryland Consulting, LLC, a Florida limited liability company, located at 6713 Sandwater Trail N, Pinellas Park FL 33781.  If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at Department of Consumer Affairs Consumer Information Division,1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. If you notice that any user is violating these Terms of Use, please contact us at gcleveland@me.com.

 

- END OF RYLAND TERMS AND CONDITIONS END USER LICENSE AGREEMENT -

 

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PRIVACY POLICY

 

This Privacy Policy discloses the privacy practices for the DataCapture mobile application (the "App"). Ryland Consulting, LLC, the provider of the App (referred to as "us," "we" or Ryland Consulting, LLC), is committed to protecting your privacy. Please read the information below to learn the following regarding your use of this App. 

 

You acknowledge that this Privacy Policy is part of our Terms of Use, and by accessing or using the App, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this App.

 

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by registered users and posting the revised Policy. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this App and this Policy periodically and to be aware of any modifications. Your continued use of the App after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

 

1.   Types of Information Collected

 

The App stores two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information.

 

Personally Identifiable Information: This refers to information that identifies you within the App. When you engage in certain activities on this App, such as registering when first opening the App, The App may ask you to provide certain information about yourself. It is completely optional for you to elect to engage in these activities, however. 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.

 

2.   Collection Methods and Use of Information

 

Ryland Consulting, LLC does not remotely collect any Personally Identifiable Information or Non-Personally Identifiable Information about you.  The App requires this information on your local device so as to provide you (a) secure access to the  App by use of a 4-digit PIN code; (b) your first and last name for reports that the App generates, (c) your email address so that the App may transmit reports to you.

 

Personally Identifiable Information may be referred to in order to resolve disputes, troubleshoot problems and enforce our agreements with you, including the App Terms of Use and this Privacy Policy.

 

3.   Release of Information

 

By not acquiring your Personally Identifiable Information, Ryland Consulting, LLC cannot sell, trade, or rent your Personally Identifiable Information nor Non-Personally Identifiable Information to others.

 

4.   Updating and Correcting Information

 

We encourage you to promptly update your Personally Identifiable Information within the App if it changes for your own purposes.

 

5.   Security of Information

 

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 and email systems that are beyond our control; and (b) 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

 

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information the App collects from you. Other sites and apps accessible through the App have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on the App may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these developer of apps and/or advertisers directly if you have any questions about their use of the information that they collect.

 

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 users that are under 18 years of age. 

 

If you have any questions about this Privacy Policy, the practices of this App, or your dealings with this App, please contact us by sending a letter to:

 

Ryland Consulting, LLC

attn: Privacy Compliance Officer

6713 Sandwater Trail N

Pinellas Park, FL 33781

gcleveland@me.com

 

- END OF PRIVACY POLICY -

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