Website Terms of Use

Please read these Terms of Use carefully before using this website. By using this website you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use the website.

Relay, Inc. may modify all or any part of these Terms of Use from time to time without notice to you; you should check back often so you are aware of your current rights and responsibilities. Your continued use of this website after changes to the Terms of Use have been published constitutes your acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.

Eligibility

Accounts made available through this website are available only to (1) persons of legal age to form a binding contract and who are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions, or (2) in their discretion, their minor child over the age of 13. If you are a minor over the age of 13, your parent or guardian must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. Under no circumstances will an account made available through this website be available to minors under the age of 13. By registering, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions and are either accepting these Terms of Use on behalf of yourself or your child. You may not transfer or share your account with anyone, except that if you are a parent or guardian, you may permit one child over the age of 13 to use the account instead of you (in which case you may not use that account). You are liable for all activities conducted through the account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure accounts. 

Registration and Membership

To obtain an account through this website, you will be required to choose a user name which must comply with the naming conventions listed below. You are encouraged to use a pseudonym or gibberish, especially if you are a minor. User names shall not: (1) contain names that are associated with Relay, Inc. or its affiliates or employees; (2) contain swear words or derogatory remarks in any language; (3) infringe on the rights of or defame any living or dead person or entity; (4) contain names of celebrities or media personalities; (5) violate third party’s trademarks, publicity rights or other proprietary rights; (6) be associated with any religion, religious practice or deity; (7) be related to alcohol, illegal substances, sex or any criminal activity; (8) be a partial or complete sentence; or (9) utilize a misspelling or other tool or method to circumvent the naming restrictions herein.

Upon registration for an account, you must select a password. You are responsible for the security of your password and should not disclose your password to any third party. We never ask you for your password by telephone, live-chat or email, and you should not disclose it this way if someone asks you to do so. Although we may offer a feature that allows you to “save” or “remember” your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your account. Relay, Inc. is not responsible for any transactions reflected in your account resulting from your sharing your password or third any party access to your account. You are also required to provide complete and accurate data which may include, without limitation, your name, address, telephone number, billing address, e-mail address and date of birth. If you provide inaccurate information, your account may be suspended or terminated. If you believe that your password or other account information has been compromised, please contact our customer service.

Copyrights

Relay, Inc. owns the intellectual property rights in all text, images, software or other content available on this website or has obtained applicable rights to such text, images, software or other content from applicable third parties who own the content. You may not redistribute or copy any part of this website without the prior written consent of Relay, Inc. However, Relay, Inc. gives you permission to view, copy, print, and distribute material on this website subject to the following conditions:

• You may use the material only for internal, informational, noncommercial purposes.
• You may not alter the material.
• You must include on any copy of the material (or portion thereof) our copyright notice.
• You may establish a hypertext link to the Relay website from your website so  long as the page containing the link properly attributes the linked site to us and does not in any way imply our sponsorship of your site. However, you may not, without obtaining our prior written consent, republish, redistribute or otherwise make any copies, of the materials on our website, as a part of the link, including by framing or similar means, or otherwise.

No other use of the material within this website (or portion thereof) is permitted without our prior written consent.

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

Trademarks

The trademarks, logos and service marks (the “Marks”) used on this website are the property of Relay, Inc. or other third parties. You may not use these Marks without the prior written consent of Relay, Inc. or other applicable third parties.

Contributions 

By posting or otherwise submitting Your suggestions, comments, ideas and/or other feedback (collectively “Feedback”) to any of our web properties governed by these Terms of Use, including our various community forums and blogs, You grant to Relay a non-exclusive, royalty-free, sublicensable, irrevocable, worldwide license to use, store, reproduce, save, modify, create derivative works to, and distribute the Feedback.

Content and Liability Disclaimer

We use reasonable efforts to include accurate, complete and current information on this website. However, we do not warrant that the content on this website is accurate, complete, current, or free of technical or typographical errors. In short, we are human. It is your responsibility to verify any information before relying on it. We reserve the right to make changes and updates to any information contained within this website without prior notice.

Access to, and use of, this website and the content included in this website is at the risk of the user. We have provided links to certain other websites solely for your convenience, and we are not responsible for the content of any other websites. You must take appropriate precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NEITHER WE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.

Your Conduct

You must comply with all applicable local, state, national and international laws and regulations when you use our website. Any attempt by anyone to deliberately damage this website is a violation of criminal and civil laws. We reserve the right to seek damages from anyone doing so to the fullest extent permitted by law. Neither we nor our lawyers are kidding.

You also will not post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.

Monitoring Your Use of This Website and Your Conduct 

Relay, Inc. is under no obligation to monitor the material residing on or transmitted to this website (or any server used in connection with this website). However, anyone using this website agrees that we may monitor the website (and any server used in connection with this website) to (1) comply with any necessary laws, regulations or other governmental requests; and (2) to operate the server properly or to protect ourselves and our users. We reserve the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.

Privacy 

We encourage you to review our Privacy Policy at relaypro.com/legal/relay-privacy-policy/

Dispute Resolutions

Any claims arising out of the use of this website shall be resolved by arbitration in Wake County, North Carolina in accordance with the then current rules of the American Arbitration Association. The internal laws of the State of North Carolina (other than conflicts of law rules) and of the United States of America shall apply. A single arbitrator engaged in the practice of law shall conduct the arbitration. The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. If one or more of the provisions contained in these Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. 

Notice and Procedure for Making Claims of Copyright Infringement

To file a notice of infringement with us, please provide the following information to our designated copyright agent listed below:

• A description of the copyrighted work or other intellectual property that you claim has been infringed.
• A description of the material that you claim infringes the copyrighted work listed in item #1.
• An address, telephone number, and an email address where the alleged infringing party can contact you.
• The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
• The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Your electronic or physical signature.

To file a counter notification with us, please provide the following information to our designated copyright agent below:

• A description of the material that we have removed or to which we have disabled access.
• Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Wake County, North Carolina if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
• The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• Your electronic or physical signature.

We have registered a designated agent with the United States Copyright Office pursuant to 17 U.S.C. 512(c).

Please send notifications of infringement and counter notifications to our designated copyright agent at: General Counsel Relay, Inc. 4200 Six Forks Road, Suite 1800, Raleigh, NC 27609

Effective May 8, 2018.