RateYourBurn

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RATE YOUR BURN
Terms of Use

Effective Date: March 1, 2013.

  • Terms

    Welcome to RateYourBurn! The RateYourBurn website and services are provided by RATEYOURBURN LLC (“RYB”, “we” “us” or “our”). By using www.rateyourburn.com and its sub-domains, including our platform for connecting communities interested in physical fitness, as well as our online resources including informational articles, blogs, forums, commentary and other interactive services relating to physical fitness (the “Website”), and the services and features made available through the Website and any related RYB mobile device application (collectively, the “Services”), you indicate your unconditional acceptance of these Terms of Use; If you are using the Services in your capacity as an employee, you must have the ability to bind your employer by your use of the Services. If you do not agree with any of these terms, your only recourse is to immediately discontinue use of the Services. RYB has the right, but is not obligated, to enforce these Terms of Use through termination of a user’s account, community moderation, active investigation, litigation and/or prosecution, or other actions that are appropriate in RYB’s determination.

    RYB is a platform for connecting communities interested in physical fitness and brings together gyms, trainers, instructors and clients. RYB empowers users to review their fitness experiences, creating a platform to cull both positive feedback and constructive criticism. The average class rating is rolled up under each gym/studio to an average instruction score, rewarding gyms who foster quality teaching.

  • Modifications

    Please read these Terms of Use carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Use from time to time for any reason, which shall be effected by posting of the updated Terms of Use to our Website. Your use of the Services following any modification to these Terms of Use constitutes your acceptance of the modified TOU. Access to the Website, and use of the Services are subject to these Terms of Use and the RYB Privacy Policy available on the Website.

  • RYB is Only a Platform

    The Services include a platform to foster a community of individuals interested in fitness and to share information by providing reviews and information about classes, instructors, services and/or facilities that may be useful in assisting other users with choosing a class, instructor, service, or facility. RYB does not take part in the interaction between users, and does not monitor or have control over transactions between users. RYB does not monitor or control postings, reviews or ratings (collectively “Reviews”) provided by users on the Website, nor of the actions or omissions whatsoever of any user. RYB cannot confirm that each user is who they claim to be. RYB cannot guarantee that the exercise classes or regimes discussed on our Services are safe for every individual. You are solely responsible for deciding whether it is safe for you to exercise; RYB is not responsible for any injuries you sustain in the course of your exercise regime, regardless of whether you exercise more in order to achieve goals or promotions included on the Website.

    WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH USER, INSTRUCTOR AND FITNESS CENTER ON OUR WEBSITE IS A LEGITIMATE USER, INSTRUCTOR OR FACILITY, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF USERS, INSTRUCTORS, OR FACILITIES AND THE INFORMATION THEY PROVIDE VIA OUR WEBSITE. WHEN INTERACTING WITH OTHER USERS, INSTRUCTORS, OR FITNESS CENTERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DO NOT KNOW. NEITHER RYB NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. RYB AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THIRD PARTY PRODUCT OR SERVICE OFFERINGS.

  • Access; Registered Users

    • General Access. You may be accessing and using the Website as (i) a registered user or (ii) a member of the general public simply using the functionality, and/or reviewing the content, that is publicly available on the Website. RYB hereby grants to you, on the Terms of Use set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our Website from time to time. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the Website, the Content, and the Services without the consent of RYB; use the Website, the Content, and the Services for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained as part of the Services or the Content; remove any copyright or other proprietary notations from the Website, the Content, or the Services; or transfer the Content or the Services to another person or "mirror" the materials on any other server.
    • Registered Users. Certain of our Services are reserved for registered users on our Website. To register, RYB may require you to submit your Facebook account login credentials, or other third-party social network service provider account information (“Third Party Social Networking Account”) as indicated on the Website from time to time. The Third Party Social Networking Account information that you provide to login will be your “Login Credentials”. You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. you agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken. You may not (i) create more than one account to access the Website, (ii) share your Login Credentials with any third party nor (iii) transfer your account to any third party. RYB is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or to remarket the Website or to provide access to the Services to any third party. You will not be entitled to create a new account to access the Website if your prior Login Credentials have been terminated by RYB.
    • Social Network Login Credentials. By connecting to our Services with a Third Party Social Networking Account, you give us permission to access, store and use your information from such third-party social network service provider including, but not limited to, your user ID, any information that you have expressly authorized the third-party social network service provider to share with us. Information received by RYB will be subject to our Privacy Policy. Any such third-party social network service provider accessed from the Services is independent from RYB, and RYB has no control over the terms or content of that web site. Your use of any third-party social network service provider is subject to its term of service and privacy policy. We request that our users exercise caution and good judgment when using third-party social network service providers. You should always review, and if necessary, adjust your privacy settings on social network service providers and other third-party websites and services before linking or connecting them to our Services.
    • Profiles. Upon registering for our Services, a user profile may automatically be created for you. In such case, you may select a username to display with your profile information. RYB is not responsible for any personal information you choose to share with other users, and we encourage all users not to share personal information.
    • Acknowledgement to Receive Email. As a registered user of RYB, you agree to receive emails promoting any special offer(s). We may from time to time send you our newsletter with information about upcoming events, special promotions, and product and service offerings from us and our partners. You may opt-out from receiving special promotions or our newsletter by emailing info@rateyourburn.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

  • Website Content and Contributions

    Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Use. The term “Content” means all information, Reviews, text, images, data, links, software, or other material as provided on the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

    The Website contains both Content proprietary to RYB as well as user-contributed Content (“Contributions”). Contributions, include, but are not limited to, your Reviews, postings, messages, commentary, text, images, photographs, videos, audio files, or other materials. The Content and Contributions may contain typographical errors, other inadvertent errors or inaccuracies. RYB does not warrant that any Content is accurate, complete, or current. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

    You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:

    • The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
    • The Content may not be modified.
    • Copyright, trademark, and other proprietary notices may not be removed.

    Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

    Your access and use of the Content is governed by these Terms of Use, and any use of the Content not explicitly permitted under these Terms of Use constitutes a violation of these Terms of Use and may be addressed by RYB through any and all available remedies in law and/or equity at the sole discretion of RYB.

  • Use of Contributions
    • Responsibility for Your Contributions The Website and the Services contain the capability for users to post, publish or otherwise make available Contributions through the Services. You understand that all Contributions are the sole responsibility of the individual who provided the Contribution. You are solely responsible for any and all Contributions you make available on the Services. You assume all risks associated with your Contributions, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Contributions that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Contributions as described herein. You may not suggest that your Contributions are in any way sponsored or endorsed by RYB. You may be subject to liability, if your Contributions (including Reviews) contains information that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or contains material that is unlawful.
    • Contributions by Other Users. You understand that RYB does not control, and is not responsible for Contributions made available by users of the Services, and that by using the Services, you may be exposed to material that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and/or Contribution, that you may not rely on said Contributions, and that under no circumstances will RYB be liable in any way for any Contributions or for any loss or damage of any kind incurred as a result of the use of any Contributions posted, emailed or otherwise made available on the Website and/or via the Services. RYB has no obligation to, and makes no representation or warranty that it screens Contributions for any specific purpose prior to publication by users, but that RYB shall have the right (but not the obligation) in its sole discretion to refuse, delete, modify and/or move any Contributions that is available via the Service, for violating the letter or spirit of these Terms of Use or for any other reason.
    • Monitoring We have the right, but not the obligation, to monitor Contributions submitted to our Website through an online discussion forum or chat room or other service provided through our Website that allow users to communicate to other users (“Public Areas”), to determine compliance with these Terms of Use and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any Public Areas provided through this Website. Without limiting the foregoing, we have the right to remove any material that RYB, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable, and you are solely responsible for the Contributions that you post on the Services.
    • RYB Disclosure of Contributions. You acknowledge and agree that RYB may store and/or preserve Contributions and may also disclose Contributions and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Use; (c) respond to claims that any Contribution(s) violates the rights of third-parties in accordance with these Terms of Use; and/or (d) protect the rights, property, or personal safety of RYB, its representatives and/or agents, its users or the public.
  • Suggestions and Improvements

    By posting Contributions or sending us any ideas, suggestions, documents or proposals ("Feedback"), you represent and warrant and agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against RYB and its users any claims and assertions of any moral rights contained in such Feedback. Furthermore, by posting Contributions to any public area of the Website and/or the Services, you automatically grant RYB all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Contribution on the Website and/or Services by any party for any purpose.

  • Intellectual Property Rights.

    Unless otherwise noted, all Content contained on this Website is the property of RYB and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Any reproduction, modification, creation of derivative works from or redistribution of Content, and/or copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of RYB. You further agree not to reproduce, duplicate or copy Content available on the Website and/or through the Service without the express written consent of RYB, and agree to abide by any and all copyright notices displayed on our Website and/or through the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. The service marks and trademarks of RYB, including without limitation RYB, Rate Your Burn, and the RYB logos are service marks owned by RYB. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

  • Claims of Infringement

    If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," You declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is: gillian@rateyourburn.com, or send to RateYourBurn (attn: Gillian Casten), 71 Fulkerson St. #108, Cambridge, MA 02141.

    In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.

  • Conduct

    This Website and any and all information and/or materials provided through the Services are provided solely for informational purposes. If you choose to contribute Contributions (including any Reviews) or provide information and/or materials to RYB for any purpose whatsoever, you agree that any and all information provided to RYB and/or contributed through the Services is true and accurate. If any Contribution, information and/or other material submitted by you to RYB is found to be untrue, inaccurate, not current or incomplete, RYB reserves the right, but is not obligated to, suspend or terminate your use and/or access to the Website and/or the Services and to refuse any and all current or future use of the Website and/or the Services in its sole discretion.

    It is RYB’s goal to foster a community of objective and factual forum for reviews and information which will aid users in making informed decisions regarding which fitness instructors, services and/or facilities to choose. In the spirit of honesty and objectivity, it is strictly forbidden to solicit, purchase, coerce or fabricate a review (“Solicited Contribution(s)”) on or through the Website, and RYB reserves the right to take any and all action it deems necessary to remove such Solicited Contribution(s) and to ensure that conduct of this type does not continue including, but not limited to, removing or editing Solicited Contribution(s) and preventing any and all parties associated with such Solicited Contribution(s) from using and/or accessing the Website by suspending or removing their associated accounts.

    Without limitation of the foregoing, you agree to not use the Website or Services to:

    • Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, Contributions that are unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
    • Write a fake or defamatory review, or post false information about another user, instructor, or fitness center;
    • Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by RYB;
    • Trade reviews with other businesses, or compensate someone or being compensated to write or remove a review;
    • Threaten, stalk, or otherwise harass any individual;
    • Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contributions that victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • Harm minors in any way;
    • Impersonate any person or entity, including, but not limited to, a representative of RYB, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contributions transmitted to or through the Website and/or the Services;
    • Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contribution that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contribution that infringes any proprietary rights of any third party including, but not limited to, patent, trademark, trade secret, and/or copyright rights throughout the world
    • Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation on the Website and/or through the Services;
    • Collect personal data about other users for any purpose, including, but not limited to commercial or unlawful purposes;
    • Use any unauthorized automatic means, including, but not limited to, automated robots, spiders, and/or data mining tools to download and/or extract data from the Website;
    • Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
    • Act in a manner that negatively affects other users’ ability to access the Website and/or participate in the Services;
    • Engage in any activity that is contrary to or that would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
    • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
    • Intentionally or unintentionally violate any applicable local, state, national or international law.

    You also agree that you will not harvest, collect or store information about the users of this Website or the Contributions or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

  • Minors

    RYB services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor.

  • No Solicitation

    Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form users for employment, contracting, or any other purpose not related to the Service facilitated through RYB without express written permission from RYB.

    You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of RYB.

  • Indemnification

    By using the Services, you agree to indemnify, hold harmless and defend RYB from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.

  • Use and Access to the Website and/or Services

    RYB maintains this Website as a service to the user community that visits the Website subject to these Terms of Use. You are responsible for obtaining any equipment and Internet service necessary to access our Services and for paying any fees for the equipment and service You select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or services. You acknowledge that the Website and any mobile applications are evolving and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you.

    Use of the Services or Content beyond the scope of authorized access granted to you by RYB constitutes a breach of this TOU, and RYB reserves the right to pursue any and all available remedies in law and/or equity at the sole discretion of RYB resulting from such breach including, but not limited to, freezing or removing the user’s account, removing or modifying Contribution(s) posted by the user, and/or preventing the user from accessing and/or posting Contribution(s) to the Website in the future.

  • Disputes; Release

    RYB expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other users and any disputes that arise from those interactions with other Users. RYB may monitor disputes between Users, but is not obligated to monitor such disputes.

    Because RYB is not responsible for or involved in any contact between users or in the assessment or provision of Reviews, in the event that you have a dispute with one or more Users, you hereby release RYB (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.

    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, and any other similar laws which may apply in the jurisdiction in which you reside.

  • Disclaimers

    YOU AGREE THAT USE OF THE WEBSITE, THE CONTENT AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

    RYB DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY INTERACTIONS, CORRESPONDENCE, TRANSACTIONS, AND OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION INSTRUCTORS, SERVICES, FITNESS CENTERS, OR OTHER USERS ON OR THROUGH THE WEBSITE (INCLUDING ON OR VIA LINKED WEBSITES OR ADVERTISEMENTS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD-PARTY ADVERTISEMENTS, PAYMENTS, SERVICES, DELIVERY OF GOODS, WARRANTIES (INCLUDING PRODUCT WARRANTIES), PRIVACY AND DATA SECURITY, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE. RYB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    NEITHER RYB NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. RYB AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  • Limitations on Liability

    UNDER NO CIRCUMSTANCES SHALL RYB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RYB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE AND/OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

    ANY CLAIMS BROUGHT BY YOU OR RYB MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  • Termination

    We may terminate any user’s access to our Website, including access to any Public Areas, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Use, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website.

    You may terminate this Agreement at any time by ceasing all use of the Service. RYB will have no obligation to provide a refund of any amounts previously paid to RYB. Even after your right to use the Service is terminated or suspended, these Terms of Use will remain enforceable against you.

  • Miscellaneous
    • Governing Law; Dispute Resolution. These Terms of Use shall be governed by the laws of the State of New York, USA, without regard to its conflict of law provision to the extent such laws would apply the laws of another jurisdiction.
    • Links to Third-Party Web Sites. The Services may contain links to non-RYB web sites. These links are provided to You as a convenience, and RYB is not responsible for the content of any linked web site. Any non-RYB web site accessed from the Services is independent from RYB, and RYB has no control over the content of that web site. In addition, a link to any non-RYB web site does not imply that RYB endorses or accepts any responsibility for the content or use of such web site. Use of any third party site is subject to its term of service and privacy policy. We request that our users exercise caution and good judgment when using third-party web sites.
    • No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by RYB of that third party or of any product or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. RYB does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
    • Assignment. You may not assign or transfer these Terms of Use in whole or in part to any third party. These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors, permitted transferees, and permitted assigns.
    • Headings; Severability. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
    • Entire Agreement. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
    • For Additional Information. If you have any questions about these Terms of Use, please contact support@rateyourburn.com.

Copyright © 2013, Rate Your Burn All Rights Reserved.

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