Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using ryanscott.com you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use ryanscott.com. Ryan Scott LLC a company located in the State of New York of the United States of America reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide notice of such change by any reasonable means, including without limitation posting the revised draft of this agreement on our Terms and Condition Page. You can determine when this agreement was last revised by referring to the date of this agreement. You should always check this Agreement prior to using the ryanscott.com. Your continued use of ryanscott.com following the posting of changes to this Agreement will mean that you accept those changes.
A. Restricted Uses.
The website ryanscott.com is owned and operated by Ryan Scott LLC. The contents of ryanscott.com are copyrighted under United States copyright laws. Except as stated herein, none of the material on the ryanscott.com may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this agreement, and solely for as long as you are permitted by Ryan Scott LLC to access and use ryanscott.com, you may not download any copies or particular materials from the ryanscott.com for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of Ryan Scott LLC copyright and other proprietary rights.
Ryan Scott LLC trademarks, trade names, service marks and logos appearing on ryanscott.com and third party websites are proprietary trademarks of Ryan Scott LLC. The use of any of our trademarks or any other content made available through the Ryan Scott LLC’s website, except as expressly provided in this agreement, is strictly prohibited.
B. Information submitted through ryanscott.com.
C. Registration; User Names and Passwords.
You may be required to register with ryanscott.com in order to access certain areas of the Ryan Scott LLC website, for example, to purchase Ryan Scott products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access ryanscott.com, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to ryanscott.com, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with ryanscott.com that occur in connection with your user name. You agree to immediately notify Ryan Scott LLC of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or ryanscott.com, and to ensure that you "log off" and exit from your account with ryanscott.com at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
D. Rules of Conduct.
We expect users of ryanscott.com to respect the law as well as the rights and dignity of others. While using this website you agree to comply with all applicable laws, rules and regulations. In addition, your use of the ryanscott.com is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to ryanscott.com pursuant to the following:
You agree not to:
1.Post, transmit, or otherwise make available through or in connection with ryanscott.com:
Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
2.Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities.
3.Any virus or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
4.Any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam” or investment opportunity, or any other form of solicitation that is not expressly approved by Ryan Scott LLC in advance.
5.Any personally identifiable information of another individual, without the prior consent of such individual.
6.Any material, non-public information about a company, without the proper authorization to do so.
7.Use ryanscott.com for any fraudulent or unlawful purpose.
8.Use ryanscott.com to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of ryanscott.com
9.Impersonate any person or entity, including without limitation any representative of Ryan Scott LLC; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with ryanscott.com; or express or imply that we endorse any statement you make.
10.Interfere with or disrupt the operation of ryanscott.com or the servers or networks used to make our servers available; or violate any requirements, procedures, policies or regulations of such networks.
11.Restrict or inhibit any other person from using ryanscott.com (including without limitation by hacking or defacing any portion of this website).
12.Use ryanscott.com to advertise or offer to sell or buy any goods or services for any business purpose, without Ryan Scott LLC express prior written consent.
13.Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, ryanscott.com
14.Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of ryanscott.com.
15.Remove any copyright, trademark or other proprietary rights notice from ryanscott.com or materials originating from Ryan Scott LLC.
16.Frame or mirror any part of the ryanscott.com.
17.Create a database by downloading and storing ryanscott.com content.
18.Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," in any way gather ryanscott.com content or reproduce or circumvent the navigational structure or presentation this website without Ryan Scott LLC express prior written consent.
Additionally, you acknowledge and agree that you (and not Ryan Scott LLC) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use of ryanscott.com, and for paying all charges related thereto.
E. Forums and Submissions.
Ryan Scott LLC may offer features through ryanscott.com that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described apply to the Forums and Submissions. Additionally, without Ryan Scott LLC express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other ryanscott.com visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through ryanscott.com ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Ryan Scott LLC without restriction. You grant Ryan Scott LLC the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through ryanscott.com complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in ryanscott.com. The Forums include the opinions, statements and other content of third parties, including Ryan Scott LLC Independent Sales Representatives. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including Ryan Scott LLC Independent Sales Representatives) through the Forums or otherwise through ryanscott.com are those of such third parties and not of Ryan Scott LLC, and Ryan Scott LLC does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from ryanscott.com at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that Ryan Scott LLC has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of ryanscott.com. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE RYANSCOTT.COM WEBSITE, YOU DO SO AT YOUR OWN RISK.
Any promotions made available through ryanscott.com may be governed by specific rules that are separate from this Agreement. By participating in any such promotions, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Ryan Scott LLC urges you to read the applicable rules, if any, which will be linked from the particular promotion, and to review the Security and Privacy Statement, which in addition to this Agreement, will govern any information you submit in connection with such promotions.
G. Purchases and Other Transactions.
If you wish to purchase any product or service or to make a payment to your Ryan Scott account through ryanscott.com (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through ryanscott.com will be treated by Ryan Scott LLC in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
Ryan Scott LLC reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through ryanscott.com are subject to change without notice, and Ryan Scott LLC shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Ryan Scott LLC refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through ryanscott.com, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
H. Intended Audience.
Ryan Scott LLC controls and operates ryanscott.com from its offices located in the State of New York, U.S.A., and ryanscott.com is not intended to subject Ryan Scott LLC to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through ryanscott.com are presented solely for the purpose of providing services and promoting products available in the United States. Ryan Scott LLC makes no representation or warranty that ryanscott.com, in whole or in part, or any products, services, or materials made available through ryanscott.com, are appropriate or available for use in other locations. Those who choose to access ryanscott.com from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
I. Are Children Allowed to purchase ryanscott.com?
ryanscott.com does not sell products for purchase by children. We sell products for purchase by adults. If you are under 18, you may use ryanscott.com only with the involvement of a parent or guardian. We are not responsible or cannot monitor who uses or purchases from ryanscott.com and are not responsible for any purchases made by persons not of age.
J. Links to or From Other Sites.
Except as otherwise expressly stated by Ryan Scott LLC on ryanscott.com, Ryan Scott LLC is not affiliated or associated with operators of any third party websites that link to or are linked from ryanscott.com. Ryan Scott LLC expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from ryanscott.com. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from ryanscott.com because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Ryan Scott LLC shall have the right, at any time and at its sole discretion, to block links to ryanscott.com through technological or other means without prior notice.
RYANSCOTT.COM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. RYAN SCOTT LLC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH RYANSCOTT.COM. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. RYAN SCOTT LLC MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY RYAN SCOTT INDEPENDENT SALES REPRESENTATIVES; (B) THAT RYANSCOTT.COM WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE RYANSCOTT.COM WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT RYANSCOTT.COM OR THE SERVERS OR NETWORKS THROUGH WHICH THE RYAN SCOTT LLC WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the ryanscott.com website and the servers from which website is operated, ryanscott.com may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the ryanscott.com. If you become aware of any unauthorized third party alteration to the Ryan Scott LLC’s website (ryanscott.com), contact us at [email protected] a description of the material(s) at issue and the URL or location on ryanscott.com where such material(s) appear.
L. Limitation of Liability.
IN NO EVENT SHALL RYAN SCOTT LLC, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "RYAN SCOTT ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) RYANSCOTT.COM, (C) YOUR USE OF OR INABILITY TO USE RYANSCOTT.COM, OR (D) THE ACTS OR OMISSIONS OF RYAN SCOTT LLC INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF RYAN SCOTT LLC OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. RYAN SCOTT LLC IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. RYAN SCOTT LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY RYAN SCOTT INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL RYAN SCOTT LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, RYANSCOTT.COM, OR YOUR USE OF OR INABILITY TO USE RYANSCOTT.COM EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING RYANSCOTT.COM.
You will indemnify and hold Ryan Scott LLC harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with ryanscott.com; (b) any violation of this Agreement or any other Ryan Scott LLC terms, conditions or policies by you or through any account you may have with ryanscott.com; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through ryanscott.com infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of ryascott.com visitor, user, or customer, or any other third party; and you agree to reimburse Ryan Scott LLC on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
N. Termination and Enforcement.
This Agreement is effective until terminated by Ryan Scott LLC. You agree that Ryan Scott LLC, at its sole discretion, may terminate your access to or use of ryanscott.com, at any time and for any reason, including without limitation if Ryan Scott LLC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section D above). Upon any such termination, your right to ryanscott.com will immediately cease. You agree that any termination of your access to or use ryanscott.com may be effected without prior notice and that Ryan Scott LLC may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Ryan Scott LLC shall not be liable to you or any third party for any termination of your access to ryanscott.com or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Ryan Scott LLC reserves the right to takes steps that Ryan Scott LLC believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of ryanscott.com and/or a third party claim that your use of ryanscott.com is unlawful or violates such third party's rights).
O. Information or Complaints.
If you have a question or complaint regarding ryanscott.com, please send an email to [email protected]. You may also contact us by writing to Ryan Scott LLC, 26 West Broadway, Suite 201, Long Beach NY 11561 Attn: Customer Service. or by calling us at 855-527-7727.
P. Governing Law.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Ryan Scott LLC. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and Ryan Scott LLC relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Ryan Scott LLC relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to ryanscott.com, by email, or by regular mail, at Ryan Scott LLC’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement 2017, Ryan Scott LLC, All rights reserved.