Rally, Inc. (“Rally,” “us,” “we,” or “our”) provides online marketing (the “Service”) through the use of the www.rallyapp.com website (the “Site”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access the Site or use the Service.
By accessing the Site, you agree to be bound by these Terms whether or not you use the Service. If you disagree with any part of the Terms, then you may not access the Site or use the Service.
Rally may change the Terms from time to time, on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued access of the Site and/or your use of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent an arbitrator or a court determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall apply on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid the Terms being deemed illusory or unenforceable.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site or the Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, WHICH PROVIDES THAT YOU AND WE AGREE TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND GIVE UP ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR A JURY. YOU HAVE THE RIGHT TO OPT OUT OF YOUR AGREEMENT TO ARBITRATE ALL DISPUTES. See section 5.
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Rally (“Account”). You represent and warrant that all information provided by you to us is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis. In the event you change or deactivate your mobile telephone number, you agree to update your account information on the Site within 48 hours to ensure that no messages are sent to the person who acquires your old number.
For additional information on the terms of participating in our online community, please visit the Site.
As a registered user of the Services, you may receive or establish a user name and a password. You are solely responsible for maintaining the confidentiality and security of your password and Account. You understand and agree that you are individually and fully responsible for all actions and postings made from your Account. Any account you create is not transferrable. You agree to notify us immediately if you become aware of any unauthorized use of your Account.
Rally does not pre-screen or regularly review all contributed content. However, we reserve the right (though not the obligation) to remove, without notice, any content posted.
By posting any content, you represent and warrant (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or (b) such posted content is in the public domain, or (c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the Site: (a) adult content, pornography, explicit sexual images, or nude images; (b) content containing explicit, vulgar, or obscene language; (c) content promoting hate, abuse or destructive actions; (d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content; (e) content promoting pirated software; (f) content intending for phishing or spreading malware; (g) content disparaging of any person or entity; (h) content in violation of any law or regulation; or (i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.
By posting or contributing content to the Service, or by providing any feedback, suggestions, ideas, and other submissions to Rally, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Service, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of our license rights to others. You further waive any and all moral rights in and to such content in favor of us. For greater certainty, this means, among other things, we have the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner we choose, without any notice or obligation to you whatsoever.
Rally hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Service as provided by us solely for your personal use in the manner permitted by the Terms. You shall not attempt or engage in potentially harmful acts directed against the Service, including, without limitation, any one or more of the following:
(a) Using the Service in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account you are not authorized to access; (e) creating more than one Account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking use of the Service; (g) violating or attempting to violate any security features of the Service; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Service; (j) interfering or attempting to interfere with the use of the Service by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Service; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Service without our express written permission; (l) tampering with the operation, functionality, or the security of the Service; (m) attempting to override or circumvent any security or usage rules embedded into the Service that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Service; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Service by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Service; (r) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Service; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this Service without our express written permission; (v) acting illegally or maliciously against our business interests or reputation or the merchants promoted via the Service; (w) hyperlinking to the Service from any other website without our initial and ongoing consent; (x) using the Service or any of its content to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with us; (y) reselling or repurposing your access to the Service or any purchases made through the Service; or (z) using the Service or any of its resources to solicit other users of the Service, merchants or our other business partners to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with us.
Violations of system or network security may result in civil or criminal liability. You agree it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
Pursuant to 47 U.S.C. section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material harmful to minors.
Rally makes no representation or warranty as to the accuracy or fitness for use of any offers posted via the Service or that any third party will honor or acknowledge any such offers posted via the Service. We are not responsible for providing any value for any offers posted via the Service. We are not responsible for the change of information at third party sites or stores including, but not limited to, rebate information, pricing, availability or fitness for use. You understand that we do not and cannot review all material made available through websites linked or linking to any part of the Service. We do not warrant that the Service, or any functions contained in content available via the Service, will be uninterrupted or error free, that defects will be corrected, or that the Service or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL RALLY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE), ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RALLY HAD ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You agree that all of Rally’s trademarks, trade names, service marks, and other logos and brand features displayed via the Service (collectively, “Marks”) are trademarks and the property of Rally. You agree not to display or use our Marks in any manner without our prior permission. Merchant trademarks are the property of the respective merchant. The display of a merchant trademark via the Service does not necessarily mean that we have an affiliation with the merchant.
All right, title and interest in the Service, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Rally or its licensors, and you have no rights whatsoever in any of the foregoing. You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of Rally or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part. All content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (“Works”) are the property of Rally, its licensors, or applicable third party rights holders (such as merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Rally owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Rally and its licensors irreparable injury, which may not be remedied at law, and you agree that Rally and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
Notice and Takedown Procedure
It is our policy to respond expeditiously to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
We expect all users of any part of the Service will comply with applicable copyright laws. If we receive proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the user Account, regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Service in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content to allow a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Rally’s designated agent to receive notification of alleged infringement under the DMCA is:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our designated agent the following information in a written communication (sent via email):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Site;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury under the laws of the United States of America, 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”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorney fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide our designated agent the following information in a written communication (sent via email):
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of U.S. District Court for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury under the laws of the United States of America, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our designated agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with section 512(i)(1)(a) of the DMCA, we will, in appropriate circumstances and in our discretion, disable and/or terminate the accounts of users who are repeat infringers.
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree and give us permission to use your name, picture, content, and information in connection with commercial, sponsored, or related content served or enhanced by us. For example, this means you permit us, a merchant, or other third party to pay us to display your name, picture, content, and/or information, without any compensation to you.
RALLY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE RALLY FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY RGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “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.”
RALLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE, INCLUDING, BUT NOT LIMITED, TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
- The laws of the state where you use the Service govern the Terms for your use of the Service and the Site, as well as any dispute, claim, or controversy (“claim”) that may arise between you and us, without regard to conflict of law provisions. Our goal is to resolve claims fairly and quickly. Accordingly, for any claim or dispute that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). The Notice should be sent by email addressed to: firstname.lastname@example.org. The Notice must: (1) include your name, residence address, and the email address and/or mobile telephone number associated with your Account; (2) describe the nature and the basis of the claim or dispute; and (3) set forth the specific relief sought. If you and we cannot reach an agreement to resolve the claim or dispute within 30 days after we receive such Notice, then either party may, as appropriate in accordance with this section, commence an arbitration proceeding. You agree to file any claim or dispute you may have against us within one year after such claim or dispute arose; otherwise, your claim or dispute is barred permanently.
Arbitration. If you are a resident of or have your principal place of business in the U.S., you and Rally agree to resolve through final and binding individual arbitration any claim between you and Rally, including its affiliates, officers, directors, employees and agents and its affiliates’ officers, directors, employees and agents (whether or not such dispute also involves a third party), regarding any aspect of your relationship with us, including the Terms, and other terms and/or policies incorporated by reference, your relationship or use of Rally, the Service, your rights of privacy and/or publicity, or any contacts you may have with Rally, directly or indirectly, for any reason (“Dispute”).
- If you cannot resolve a Dispute with us informally pursuant to section 5.1, then you and Rally agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules, except that we will reimburse you for all AAA administrative fees in Disputes subject to the Supplementary Procedures for Consumer-Related Disputes unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules.
- The Federal Arbitration Act governs the arbitrability of all Disputes between you and Rally. The arbitrator will decide whether the Dispute can be arbitrated.
- You and Rally agree that each of us may file Disputes against the other only on your or our own behalf, and not on behalf of any government official or other person, or any class of people. You and Rally agree not to participate in a class action, a class-wide arbitration, claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Rally is a party to the proceeding. You and we agree not to combine a claim subject to arbitration under the Terms with a claim not eligible for arbitration under the Terms. You and we agree to waive the right to a trial by jury for all Disputes.
- You may opt out of this agreement to arbitrate. If you do so, neither you nor Rally can require the other to participate in an arbitration proceeding. To opt out, you must notify us by email within 30 days of the date that you first became subject to this arbitration agreement. In order to opt out, you must send an email to email@example.com, and you must include (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your Account; and (3) a clear statement that you want to opt out of the arbitration agreement in the Terms.
- If the prohibition against class actions and other claims brought on behalf of third parties contained in section 5.2.3 is found to be unenforceable, then all of section 5.2 will be null and void as to that Dispute.
- This arbitration agreement will survive the termination of your relationship with Rally.
- If you opt out of the arbitration agreement, if a court finds the arbitration agreement to be unenforceable, or if you neither are a resident of, nor have a principal place of business in, the U.S., you agree to resolve any claim you have with us exclusively in a state or federal court located in Salt Lake City, Utah, and to submit to the personal jurisdiction of the courts located in Salt Lake City, Utah, for purpose of litigating all such disputes.
You acknowledge and agree to defend, indemnify and hold harmless Rally, its affiliates, officers, employees and agents, including for costs and attorney fees, from any claim or demand made by any third party due to or arising out of your use of the Service, your violation of the Terms, the infringement by you or made under your Account, of any intellectual property or other right of any person or entity, or arising out of, or related to, any products or services purchased by you in connection with the Service. Even if you agree to defend us, we shall maintain control of the defense of the claim or demand, including choosing counsel and strategy.
Rally disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. We reserve the right to modify, suspend, or discontinue the Service or access to the Service without any notice at any time and without any liability to you.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, we may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If a court of competent jurisdiction or an arbitrator finds any provision of the Terms to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If a court or an arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms will not be affected in any way.
You acknowledge and agree that any violation or breach of the Terms may cause Rally immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and we reserve the right, in our sole discretion, to seek and obtain preliminary injunctive relief immediately (including, without limitation, temporary restraining orders), and seek and obtain permanent injunctive relief regarding any violation or breach of the Terms. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in the Terms, including but not limited to by preliminary or permanent injunction.
In addition to any injunctive relief discussed above, if you are involved, or cause others to be involved, in behavior that violates section 2.6(d)-(z) above, you agree to pay us the total amount of all actual damages (including, but not limited to, direct, indirect, consequential and incidental damages) caused by such a violation of the Terms for which you bear responsibility. Further, you acknowledge, for violations of section 2.6(d)-(z), actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating section 2.6(d)-(z), you agree to pay liquidated damages to us as described in the schedule set forth in section 6.6 below.
Furthermore, you agree the amounts of liquidated damages described in section 6.6 below are reasonable estimates of Rally’s damages for violations of section 2.6(d)-(z).
You further agree, to the greatest extent permitted by applicable law, every remedy described by the Terms, including the liquated damages set forth in sections 6.5 and 6.6, shall be cumulative and in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute or otherwise.
For purposes of this schedule of liquidated damages, “Item of Content” means each and every offer of any type featured on the Site or any user (or any other third party in any manner). Each offer of any kind featured on the Site is a single Item of Content. Each Item of Content is an individual, discrete Item of Content, even if it contains the same or substantially similar content as one or more other Items of Content.
For purposes of this schedule of liquidated damages, “Instance of Unauthorized Conduct,” or “Act” means each individual time Rally’s servers are accessed in connection with, or in facilitation of, a violation of section 2.6(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated below, each day our servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
For each violation of section 2.6(d)-(z), you agree to pay liquidated damages to Rally in the amount specified below. You further acknowledge and agree the imposition of liquidated damages for each such violation is independent and distinct, and the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
A. $50 Per Item of Content Copied in Violation of Section 2.6 in Violation of Section 2.6(h) or (k)
You agree to pay $50 per violation for each Item of Content accessed or obtained via Rally (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site, or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Service without our express written permission.
B. $100 Per Instance of Unauthorized Conduct in Violation of Section 2.6(d)-(e)
You agree to pay $100 per violation for each (1) act of logging onto a server or account(s) that you are not authorized to access, or (2) act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity as set forth in section 2.6(d)-(e).
C. $1,000 Per Instance of Unauthorized Conduct in Violation of Section 2.6(f)-(g)
You agree to pay $1,000 per violation for each (1) act of emulating or faking usage of the Service, or (2) act of violating or attempting to violate any security features of the Service as set forth in section 2.6(f)-(g).
D. $10,000 Per Instance of Unauthorized Conduct in Violation of Section 2.6(h)-(z)
Certain technology can be misused to facilitate harm to Rally, its users, and/or its affiliates on a massive scale.
You agree to pay $10,000 for each: (1) act of using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (2) act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Service; (3) act of interfering or attempting to interfere with the use of the Service by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Service; (4) act of causing, allowing or assisting machines, bots, or automated services to access or use the Service without our express written permission; (5) act of tampering with the operation, functionality, or the security of the Service; (6) act of attempting to override or circumvent any security or usage rules embedded into the Service that permit digital materials to be protected; (7) act of attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breach any security or authentication measures; (8) act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Service; (9) act of harvesting or collecting email addresses or other contact information of other users or clients from the Service by electronic or other means; (10) act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Service; (11) act of engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service; (12) act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (13) act of deep-linking to any portion of this Service without our express written permission; (14) act of acting illegally or maliciously against the business interests or reputation of Rally or the merchants promoted via the Service; (15) act of hyperlinking to the Service from any other website without our initial and ongoing consent; (16) act of using the Service or any of its content to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly, with Rally; (17) act of reselling or repurposing your access to the Service or any purchases made through the Service; or (18) act of using the Service or any of its resources to solicit other users of the Service, merchants or other business partners of Rally, to become users or partners of other online or offline services that compete or potentially compete, directly or indirectly, with us.