DATACAPTURE ED™ DEMO 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) 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.
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.
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
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
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
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 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
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 email@example.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.
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
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.
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
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.
Ryland Consulting, LLC
attn: Privacy Compliance Officer
6713 Sandwater Trail N
Pinellas Park, FL 33781
Copyright © 2015-2021 Ryland Consulting, LLC | All Rights Reserved