Terms of Use

1. General Applicability.

Please read these Terms of Use (the “TOU”) carefully before using this or any other Rally website (the “Sites”). By accessing and using the Sites, you acknowledge and agree to abide by this TOU as well as the terms of the Community Etiquette page. If you do not agree to the terms contained herein, you are not authorized to use the Sites.

2. Limited License and Ownership.

The information contained on the Sites is solely for non-commercial use within your organization or in support of your use of the Rally services and products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of Site materials (including Community Content as defined below) which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Rally or any third party.

ALL CONTENT ON RALLY SITES IS PROTECTED BY COPYRIGHT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS CONTRIBUTED BY USERS OF THE RALLY WEBSITE WITH THE INTENT AND UNDERSTANDING THAT SUCH CONTENT IS CREATED FOR GENERAL DISTRIBUTION AND CONSUMPTION BY ALL USERS OF THE RALLY ON-LINE COMMUNITY (THE “COMMUNITY CONTENT”). EXCEPT WITH RESPECT TO THE COMMUNITY CONTENT, AND EXCEPT AS OTHERWISE SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM RALLY. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITES FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

You acknowledge and agree that Rally and users of the Rally Sites are granted a non-commercial, non-exclusive, royalty free right and license to any Community Content posted by you to the Sites to copy, distribute, make derivative works from and otherwise use such Community Content, provided the user provides proper attribution to your contributed content.

You acknowledge and agree that Rally owns all legal rights, title and interest in and to the Sites and the Rally generated content contained therein, including any Rally trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide trademark and copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Rally’s prior written permission. Except as expressly provided herein, Rally does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

3. Privacy And Protection Of Information.

See Rally’s Privacy Statement relating to the collection and use of your information.

4. Compliance With Applicable Laws; Export Control Laws.

User access to the Sites is governed by all applicable laws, rules and regulations. All information available on the Sites is subject to export control laws. You agree to use the Sites and post, publish or disseminate information in relation thereto in strict compliance with all laws, rules and regulations. All Rally products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

5. Trademarks.

Rally is a registered tradename of Rally LLC and all rights in such tradename are reserved for use by Rally LLC. All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.

6. General Disclaimer and Indemnity.

Rally assumes no responsibility for the accuracy of the information contained on its Sites and makes no warranty and assumes no responsibility with respect to the Community Content. Rally may change the programs, services or products mentioned at any time without notice. Reference to non-Rally products or services, particularly in Community Content, is for information purposes only and constitutes neither an endorsement nor a recommendation of such products or services by Rally.

You acknowledge that temporary interruptions in the availability of the Sites may occur from time to time as normal events. Rally takes no responsibility for viruses or other destructive or intrusive computer programs that may introduced into your computing environment resulting from your access to or use of the Sites. The content at the Sites may be out of date, may refer to products, programs or services that are not or are no longer available in your geographic location, or may include technical inaccuracies or typographical errors.

ALL INFORMATION PROVIDED ON THE SITES ARE PROVIDED “AS IS” WITH ALL
FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. RALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. RALLY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY RALLY PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF RALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Upon the request of Rally, you agree to defend, indemnify and hold harmless Rally and its suppliers, affiliates, and their representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the Sites.

7. Links to Third Party Sites.

The Sites may contain links to third party sites. Access to any other Internet site linked to the
Sites is at the user’s own risk and Rally is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Rally provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

8. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the Sites. Rally is not liable for any unauthorized use of any accounts you establish through the Sites (e.g., through Rally’s online support-related services) by you, your employees, agents or any third party.

9. Submissions.

With the exception of purchase information required for the purchase of products and services, Rally does not want to receive confidential or proprietary information through its Sites. Any information sent to Rally or contributed as Community Content, with the exception of such purchase information, will be deemed NOT CONFIDENTIAL and NOT PROPRIETARY. You grant Rally a perpetual, royalty free, paid up, unrestricted, irrevocable license to display, use, modify, perform, create derivative works, sublicense, reproduce, transmit, and distribute any information you send Rally, for any and all commercial and non-commercial purposes, except as limited by the Rally Privacy Policy. You also agree that Rally is free to use any ideas, concepts, or techniques that you send Rally for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques. You are prohibited from posting or transmitting to or from the Sites any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws, rules or regulations. However, if such communications do occur, Rally will have no liability related to the content of any such communications.

It is neither the policy nor a practice of Rally to review or monitor areas on the Sites where users may transmit or post communications, including bulletin boards, chat rooms, and user forums to determine that such communications comply with this TOU and applicable laws, rules and regulations; however, Rally reserves the right to review such communications but has no such obligation. Rally shall have no responsibility or liability for the content of any communications posted to the Sites, nor for any errors or violations of any applicable laws, rules or regulations.

10. Copyright Policy.

We may terminate an account, deny access to a Website or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide us written notice at: info at rallyrecruitmentmarketing dot com with the following information description of where the material that you claim is infringing is located on our Website, networks or other repositories; and (3) Your address, telephone number, and email address. If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

11. Miscellaneous.

Rally makes no representation that content in the Sites are appropriate or available for use in any location, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Sites from any location do so on their own initiative and are responsible for compliance with applicable local laws. This TOU constitutes the entire agreement between you and Rally LLC (“Rally”) (or as applicable its licensors or licensees) and governs your use of the Sites. The TOU and all related documents shall be written and interpreted in the English language. The TOU and the relationship between you and Rally shall be governed by the laws of the Commonwealth of Massachusetts, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. In the case of any violation of these rules and regulations, Rally reserves the right to seek all remedies available by law and in equity for such violations. Rally may revise this TOU at any time by updating this posting. You should visit this page from time to time to review the then-current TOU because they are binding on you.