use this website (this "Site") of Rycan Technologies Inc. ("Rycan").
By accessing or using this Site, you agree to abide by this TOU, as well as any rules, policies, or
guidelines posted or otherwise promulgated by Rycan regarding access or use of this Site. If you access or
use this Site on behalf of your employer, you represent and warrant that you are authorized to accept this
TOU on your employer's behalf.
Rycan reserves the right to add, delete, or otherwise modify any provision of this TOU at any time, without
prior notice, by posting an amended TOU on this Site. Your continued access or use of this Site indicates your
agreement to be bound by any such amended TOU. No modification or waiver of any provision this TOU will be binding
on Rycan unless Rycan posts it on this Site or consents to in a writing signed by Rycan.
Any information, data, text, software, music, audio, photographs, graphics, video, messages, software, links or
other materials ("Content") on this Site is for general informational purposes only and is subject to change or
discontinuance without notice.
© Copyright 1995-2017 Rycan Technologies, Inc. All Rights Reserved.
The copyright and other proprietary rights in all Content on this Site and in the design, layout, appearance of
this Site, is all owned by Rycan or its licensors.
U.S. Government Restricted Rights: The Content on this Site is provided with "RESTRICTED RIGHTS." Use, duplication,
or disclosure by the Government is subject to restrictions as set forth in applicable law. Use of this Site’s Content
by the Government constitutes acknowledgement of Rycan's proprietary rights therein.
The Rycan trademarks, service marks, trade names, brands, and logos on this Site are the property of Rycan. Other trademarks,
service marks, trade names, brands, and logos on this Site are the property of their respective owners. You agree not to display or
use any of the trademarks, service marks, trade names, brands, and logos from this Site in any manner without the prior written
permission of Rycan or other respective owner thereof. No license or use right in any trademarks, service marks, trade names, brands,
and logos on this Site is granted to you, whether by implication, estoppel, or otherwise, and any use thereof by you is expressly
prohibited unless authorized in writing by Rycan or by such other third party owner thereof.
Grant of License
Subject to the restrictions of this TOU, Rycan grants you a nonexclusive, nontransferable, revocable, nonassignable, nonsublicensable,
limited license to view, download, copy, display and distribute the Content from this Site for your noncommercial, internal use (i.e., only
by you personally or within your organization) in accordance with this TOU. All rights not expressly granted herein are reserved by Rycan.
Any use not expressly authorized hereunder is prohibited. Unauthorized use of Content may also violate copyright, trademark, privacy, right
to publicity, export, and other rights and laws.
You agree not do any of the following: (a) make any or all of this Site available to any person or entity
through any rental, transfer, loan, sale, service bureau, time share, internet, intranet, distribution, or other
method or arrangement, (b) reverse engineer, decompile, disassemble, modify, or otherwise try to discover any
source code or underlying structures, ideas or algorithms of any or all of this Site (except and only to the
extent, if any, that these restrictions are expressly prohibited by statutory law), (c) adapt, merge, create
derivative works of, translate, localize, port, or modify any or all of this Site, (d) alter, obscure or remove
any trademark, patent notice or other proprietary or legal notice displayed on this Site or on any copies of any
Content from this Site, (e) use this Site or allow the transfer, transmission, export, or re-export of any or all
this Site in violation of any law, (f) use this Site in an automated process, (g) disable or circumvent any
security features of this Site, (h) use any manual or automated software, devices, or other processes to “crawl” or
“spider” this Site, (i) "frame" or "mirror" or otherwise simulate the appearance or function of this Site, (j) use
this Site other than in accordance with this TOU, or (k) permit any third party to engage in any of the foregoing
This Site is protected by United States federal and state intellectual property laws and international treaties.
Rycan and its licensors own and retain all right, title and interest in and to this Site, including, without limitation,
all copyrights, patent rights, trademarks, trade secrets, service marks, trade names, trade dress, and any and all other
intellectual property rights therein of every nature. Access or use of this Site does not transfer any ownership, nor any
title to any of the intellectual property in this Site. Whether you downloads or otherwise receive a copy of this Site,
whether electronically or in any media, you agrees that you will be receiving this Site not through sale, but only through
license, such that the “first sale” doctrine of 17 U.S.C. §109 does not apply to your receipt of this Site (i.e., you will
have no right to sell or otherwise dispose of this Site, nor any other rights under 17 U.S.C. §109).
You agree not to use this Site to:
• Post content or transmit anything which is unlawful, libelous, defamatory, abusive, obscene, inflammatory, threatening,
pornographic, profane, scandalous, discriminatory, or otherwise objectionable.
• Use this Site for any illegal purpose, including, but not limited to, doing anything that could constitute or encourage
criminal conduct, give rise to civil liability, or otherwise violate any law.
• Falsely state, impersonate, or otherwise misrepresent your identity, including, but not limited to, the use of a pseudonym,
or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past
• Upload, post, email, transmit or otherwise make available any material or initiate communications which include information
that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships
(such as insider information, or proprietary and confidential information learned under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents,
trademarks, trade secrets, copyrights, privacy, or other third party rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy, corrupt, or limit the functionality of any computer software, data,
or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication.
• Post content in fields that aren’t intended for that content.
• Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures,
policies or regulations of networks connected to this Site.
• Attempt to gain unauthorized access to any part of this Site or any account associated with this Site.
You agree that Rycan may, with or without cause, immediately terminate your Rycan account and access to this Site without prior
notice. Without limiting the foregoing, the following may lead to a termination by Rycan of a user’s use of this Site (a) breach
of this TOU, (b) request by law enforcement or other government agencies, (c) unexpected technical issues or problems, and (d)
extended periods of inactivity. Termination of your Rycan account includes removal of access to all offerings within this Site
and may also bar you from further use of this Site. Furthermore, you agree that all terminations will be made in Rycan’s sole
discretion and that Rycan will not be liable to you nor to any third-party for any termination of your account or access to this
Site. Under any circumstances when Rycan may terminate your account or access to this Site, Rycan may instead suspend such account
and access, without limiting its right to thereafter terminate or reinstate such account and access.
You agree to comply with applicable laws, rules, and regulations in any applicable jurisdiction. Specifically, and without
limitation, you agree to comply with all applicable laws, rules, and regulations regarding the transmission of software and technical
or other data exported from or to the United States or from or to any other country, as well as end-user or recipient restrictions
issued by the U.S. or any other applicable governments.
Postings & Transmissions
Any communication, information, or materials you post to or transmit through this Site will be treated as nonconfidential and nonproprietary,
and may be used or disseminated by Rycan or its affiliates for any purpose whatsoever, including, without limitation, in developing,
manufacturing or marketing products or services. If you send any confidential or proprietary communications, information or material
to or through this Site, you hereby grant to Rycan an unrestricted, perpetual, irrevocable , royalty-free, worldwide, license to use,
reproduce, display, perform, modify, adapt, and distribute such communications, material and information and you also agree that Rycan
is free to use any ideas, concepts, know-how or techniques contained in any communications, information or materials you post to this Site.
Notwithstanding the foregoing, any personal data (such as your name, address, telephone number or email address) will be handled in accordance
the identity, postings, and transmissions of anyone using this Site.
Through this Site you may be able to link to other websites. The inclusion of any such links does not imply a recommendation or endorse
anything on such linked websites. If you decide to access a third party’s website from a link on this Site, you do so at your sole risk.
You agree to receive emails from Rycan that relate to usage of this Site, including, but not limited to, any account you establish through this Site.
You agree to indemnify and hold harmless Rycan, its affiliates, its and their directors, officers, shareholders, employees, independent contractors,
and agents, from any damages (direct, indirect, incidental, special, consequential, exemplary, or any other type of damages) relating directly or indirectly
to your use of this Site, your use of any account accessed through this Site, or the use by any other person accessing such account using your username and password.
Disclaimer of Warranties
YOU AGREE THAT EVERYTHING ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT ON THIS SITE AND ANY LINKS TO OTHER SITES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
REGARDING THIS SITE, ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS SITE, OR OTHERWISE, RYCAN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR PROMISES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED, TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (SPECIFIED OR OTHERWISE), RELIABILITY, COMPLETENESS, ACCURACY, QUALITY, TIMELINESS, PERFORMANCE,
AVAILABILITY, QUIET ENJOYMENT, INTEGRATION, SUITABILITY, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, PERFORMANCE, OR USAGE OF TRADE,
OR OTHERWISE. WITHOUT LIMITING THE FORGOING, RYCAN MAKES NO WARRANTY THAT THE SITE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT
THE RESULTS THAT MAY BE OBTAINED FROM THE SITE WILL BE USEFUL, ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOUR USE OF THIS SITE AND OF ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS SITE OR THROUGH WEBSITES ACCESSED THROUGH LINKS ON THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Assumption of Risk
You represent and warrant that you have independently verified that this Site is appropriate for the purposes for which you intend to use it. You assume the entire risk related to
such use, including, without limitation, adopting measures to limit your exposure with respect to potential losses and damages arising from the use, nonuse, interruption, delay,
security breaches, errors, or omissions of or in this Site, or the results thereof.
Although Rycan may from time to time monitor any postings on or transmissions through this Site, Rycan is under no obligation to do so and assumes no responsibility or liability
in connection with any monitoring that it performs or does not perform at any time, whether or not Rycan takes any action regarding any such monitoring.
This TOU constitutes the entire agreement between you and Rycan regarding its subject matter and supersedes any prior or contemporaneous negotiations, understandings, representations,
warranties, promises, or agreements (oral or written) between you and Rycan regarding such subject matter. No delay or failure in exercising any right or remedy will constitute a waiver,
nor will it preclude any exercise or further of that or any other right or remedy.
Exclusion & Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO THEORY (WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, PROPERTY, STATE, FEDERAL, OR OTHER
LAW, AND WHETHER COMMON LAW, STATUTE, RULE, REGULATION, EQUITY, OR OTHERWISE) WILL RYCAN, ITS AFFILIATES, ITS AND THEIR EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS,
AGENTS, OR LICENSORS, BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY IN CONNECTION WITH ANYTHING RELATING, DIRECTLY OR INDIRECTLY, TO THIS SITE (WHETHER ITS USE, THE INABILITY TO USE IT,
OR OTHERWISE). THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF OR DAMAGE TO PROPERTY, OR OTHER LOSSES (EVEN IF RYCAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF FORESEEABLE). TO THE EXTENT ANY LIABILITY IS NOT EXCLUDED BY THE FOREGOING EXCLUSION, IN NO EVENT WILL RYCAN’S TOTAL CUMULATIVE LIABILITY EXCEED ONE THOUSAND ($1,000) DOLLARS.
THE FOREGOING EXCLUSION & LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES
OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Successors & Assigns
This TOU will be binding on the parties, their successors, heirs, estates, legal representatives, and assigns. Assignment of this TOU by you or by anyone else except Rycan is prohibited.
Rycan may assign this TOU.
Any dispute, claim, or controversy of any nature whatsoever, whether relating to this TOU or otherwise, and whether arising under contract, tort, property law, state law, federal law,
common law, statute, rule, regulation or otherwise, will be resolved exclusively before a single neutral arbitrator under the expedited commercial rules and procedures of the American
Arbitration Association in Minneapolis, MN. Each party will pay its own attorney’s fees and other expenses and the AAA fees (including the arbitrator fees) will be equally shared. Any
related litigation will be exclusively in a state or federal court in Minneapolis, MN, and the parties irrevocably submit to the exclusive jurisdiction and venue of such courts.
Governing Law & Interpretation
This TOU will be governed by the laws of the State of Minnesota without regard to conflict of laws principles. Neither the United Nations Convention of Contracts for the International
Sale of Goods nor the Uniform Computer Information Transactions Act will apply to this TOU. If any provision of this TOU is held invalid or unenforceable, it shall be deemed modified as
necessary to make it valid and enforceable in the manner that best advances the spirit of the agreement. Nothing in this TOU will be interpreted to create an agency, partnership or joint
venture between you and Rycan. The rule of interpreting ambiguities against the drafter will not apply.