Terms of Use - Ryker Product Solutions

Terms and Conditions

We welcome you to our websites (the “Websites”). The Websites are designed to provide information to sell products, as a resource regarding the products and to create a community of like-minded people interested in the topics we discuss (the “Products and Services”). The Website is owned by Ryker Product Solutions. These terms and conditions apply to all websites, apps, products, services and content, provided by, operated by and/or hosted by Ryker Product Solutions and its affiliates (collectively “Ryker” and “Ryker’s Products and Services”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.

The Websites are protected by United States, individual state and international copyright, trademark and trade secret laws. All rights reserved. In addition to all applicable laws, by accessing and using this site, you agree to be subject to the following Terms and Conditions. Certain features of the Websites may only be accessible by registered users.

Eligibility

Participation in Ryker’s Products and Services is void where prohibited. Ryker’s Products and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By participating, you represent and warrant that you are 18 or older, and that you agree to and will abide by all of these Terms and Conditions.

Member Account, Password and Security

If you register on one of our Websites, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your login, password, and payment method(s). You must notify Ryker immediately of any breach of security or unauthorized use of your account. Ryker will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss Ryker or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.

Electronic Communications

You may communicate with Ryker electronically via the Websites and you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyrights and Trademarks

All Website design, text, graphics, logos, button icons, audio and video clips, the selection and arrangement thereof, pricing and financial information, and all software is the exclusive property of Ryker or its content suppliers, Copyright © 2020, Ryker ALL RIGHTS RESERVED.

Permission is granted to electronically copy and to print in hard copy portions of the Websites for personal, non-commercial purposes including reviewing information herein, for understanding and/or using the products and services of Ryker or for using this web site as a resource for use of Ryker’s products or services. Permission is also granted to download, reproduce and distribute the images of Ryker’s products for the purpose of promoting Ryker’s products and services. The Permissions granted herein are subject to and contingent upon your agreement not to state or imply any affiliation, association, sponsorship, license or other relationship between yourself and Ryker other than what may truthfully exist; and your agreement not to libel, disparage, tarnish or otherwise harm the goodwill and reputation of Ryker or to use Ryker’s images for illegal purposes, for immoral purposes, to violate any regulation, for any sexually explicit purpose or to violate or infringe the rights of any third party.

Any other use of materials from Ryker’s Websites– including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of Ryker, is strictly prohibited.

Except as noted in context or herein, all trademarks, service marks, trade dress, product names and company names or logos cited herein are the property of Ryker with ALL RIGHTS RESERVED.

Personal Information

In providing Ryker’s Products and Services, Ryker may collect and use certain “Personal Information” such as your name, contact information, address, telephone number, account information, and credit card, debit card or billing information. This Personal Information may be used to provide you products and services, to communicate with you, and to improve our offerings of products and services. We do not sell or share personal information that we collect with companies, organizations and individuals outside of Ryker and its affiliates unless one of the following circumstances applies:

  • With your consent. We may share personal information with companies, organizations or individuals outside of Ryker when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
  • For external processing.  We may provide personal information to our affiliates or other trusted businesses or persons to process it for us, such as service providers who assist us in processing orders, based on our instructions and in compliance with our confidentiality and security measures.
  • For legal reasons.  We may share personal information with companies, organizations or individuals outside of Ryker if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
    • comply with any applicable law, regulation, legal process or enforceable governmental request.
    • enforce applicable terms and conditions, including investigation of potential violations.
    • detect, prevent, or otherwise address fraud, security or technical issues.
    • protect against harm to the rights, property or safety of Ryker, our users or the public as required or permitted by law.

We may use and share non-personally identifiable information publicly and with our partners – like publishers, advertisers, connected sites or analytic companies. For example, we may share information publicly to improve our offerings of products and services and to show trends about the general use of our services.

Any posting of personal information, such as your name and contact information, by you in a public forum, such as on a Ryker Website or your own or a third party website or webpage constitutes a waiver of any confidentiality with respect to that personal information. Ryker does not monitor content posted by you or third parties which may contain personal information.

Public Information

The Websites may allow you to voluntarily submit information including submissions of reviews, critiques, editorials, testimonials, commentary, forum or blog discussions or similar type submissions via posting, public chat, email, messaging or other communication means. Ryker treats all voluntary information submitted to it as “Public Information.” Any material you post or publish on Ryker’s Websites, shall be treated as “Public Information” and you hereby waive any claim to confidentiality. Confidential and/or private or personal information should not be published on Ryker’s, your own or third party websites or webpages. Any confidential or personal information used in placing a product or service order and directly related correspondence should be communicated directly with Ryker using alternate means of communication. Please exercise caution when voluntarily disclosing any information.

When using Ryker’s web site, please do not post material that: contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity. As a non-limited list of examples, it a violation of this policy to provide any communication which:

  • violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
  • unfairly interferes with any third party’s uninterrupted use and enjoyment of this site.
  • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • uploads copyrighted or other proprietary material of any kind on this site without the express permission of the owner of that material.
  • includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
  • uploads or transmits viruses or other harmful, disruptive or destructive files.
  • disrupts, interferes with, denies service to or otherwise harms or violates the security of this site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through  Ryker or  affiliated or linked sites, “flames” any individual or entity  (e.g., sends repeated messages related to another user and/or makes  derogatory or offensive comments about another individual), or repeats  prior posting of the same message under multiple threads or subjects.

We reserve the right to remove all or any portion of any entry or any other content that does not comply with the above at our sole discretion.

You represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Use, and that its disclosure and use will not cause injury to any person or entity. You hereby indemnify Ryker for any claim asserted against Ryker by a party based on the use and publication of any content you provide, including any costs and attorneys’ fees. You grant Ryker, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, perform, archive, store, distribute, reproduce and create derivative works from Public Information, in any form, media, software or technology of any kind now existing or developed in the future. You also grant Ryker and its affiliates and related entities the right to use your name and any other information about you that you provide as Public Information in connection with the use, reproduction or distribution of such material.  You hereby grant Ryker the right to use any material, information, ideas, concepts, know-how or techniques contained in any public communication you send to us for any purpose whatsoever.  All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Third Party Statements

Ryker is not responsible for Third Party Statements. Reviews, critiques, editorials, commentary, forum or blog discussions or similar type statements posted by third parties are not intended to imply sponsorship, adoption, belief or endorsement of them by Ryker.

Links

As a courtesy, this site may include external links to other sites of possible interest. You may access these sites directly or through this site. Ryker is not responsible for the content in other sites, and links from Ryker to other sites are not intended to imply endorsement of them by Ryker.

Ryker grants permission for third parties to post links to the home page of Ryker’s Websites for the purposes of promoting Ryker’s goods and services and for referring people to Ryker’s Websites. Deep-linking to pages of Ryker’s Websites and framing content from Ryker’s Websites is prohibited.

Third Party Rights Policy

Ryker respects the rights of third parties. In the event that a third party believes that content on an Ryker site violates that party’s rights, the following policy applies:

  1. The complaining party should provide a notice to Ryker informing Ryker of the asserted violations. To be effective, a “Notice” must be a written communication to Ryker’s agent at the address below which includes the following:
    1. identification of the work or rights alleged to be infringed;
    2. identification of the material claimed to be infringing or which is the subject of the violation and identifying information for the party allegedly committing the violation;
    3. the complaining party’s contact information, including a complete name, address, telephone and e-mail address;
    4. a statement under penalty of perjury that the complaining party has a good faith belief that use of the material is unauthorized, that the information in the Notice is accurate and, that the complaining party is authorized to act on behalf of the owner; and
    5. a physical or electronic signature of a person authorized to act on behalf of the complaining party.
  2. Upon receipt of a sufficient Notice, Ryker will review the Notice, will notify the party allegedly committing the violation and will temporarily remove or disable the allegedly violative material.
  3. Ryker will provide the allegedly violating party an opportunity for 10 business days to provide a Counter-Notice defending the allegedly violating material and will forward any Counter-Notice to the complaining party.
  4. Upon receipt of a Counter-Notice, Ryker may at its option restore the removed or disabled material in no less than 10 business days unless the complaining party notifies Ryker that it has sought a court order for injunctive relief..

Security

Ryker takes standard precautions in seeking to ensure that our systems are secure and that they meet industry standards, including the application of firewalls for our Internet-based systems. When appropriate, Ryker employs the use of encryption technologies, user authentication systems (e.g., passwords) and access control mechanisms.

You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Ryker and/or content providers who provide content to Ryker. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.

Non-commercial Use

Ryker’s Products and Services may not be used in connection with any commercial purposes, except as specifically approved by Ryker. Unauthorized framing of or linking to any of our Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of membership privileges.

Disclaimer

Ryker makes every effort to provide helpful information and to keep all data at this site accurate and up to date, but makes no warranties or representations regarding the data. Users agree that all access and use of this site and externally linked pages, are at the user’s own risk. RYKER IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. RYKER DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RYKER DOES NOT WARRANT THAT USE OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE WEBSITE OR ANY MATERIALS ARE FREE OF BUGS, VIRUSES OR ERRORS OR THAT ALL DEFECTS WILL BE CORRECTED. IN ADDITION, RYKER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

Except as specifically stated on this site, neither Ryker nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Cookies and Log Files

Ryker may use the “cookie” feature of your browser to assist in providing you directed products or services. Cookies identify a specific browser and certain usage history. Ryker may choose to use cookies to identify you and to recall previous requests from your browser in order to better serve you. You may choose to disable the cookie feature of your browser; however, cookies may be required for certain portions of the Websites to function correctly. Ryker may use log and tracking files that gather information such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. Ryker may use such information to analyze trends, administer the Websites, track user’s movement in the aggregate, and to analyze broad demographic information for aggregate use. Ryker may hire third parties to assist in analyzing its log files. Any third party companies are prohibited from using your information in any manner other than to help Ryker to provide you with Ryker’s products and services.

Misuse Of Site

Ryker reserves the right in its sole discretion to refuse service, to edit or remove information, to terminate accounts and/or cancel any orders if it believes your use of Ryker’s Websites violates the policies for use, is a misuse of the Websites, provides inappropriate content, violates any rights of others, violates the law or is harmful to the interests of Ryker.

Consent

In addition to all applicable laws, your use of the Websites constitutes your consent to the above terms and conditions of use. Ryker may update this policy from time to time. Your continued use of the Websites constitutes your consent to the updated policy.

Applicable Law

This site and the relationship between you and Ryker shall be governed by the laws of the United States and the State of Illinois. By using the Websites you consent to this exclusive choice of law and to exclusive jurisdiction and venue for any disputes between you and Ryker in the federal and/or state courts located in or whose jurisdiction covers Chicago, Illinois.

Statute of Limitations

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 Websites, the Products and Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Our Address:

Ryker Product Solutions, Inc.
Chicago, IL
812-431-6511
info@rykerproducts.com