End User License Agreement (EULA) and Terms of Use
Please read these Terms of Service (“Agreement”) between Rixley LLC (“Rixley,” “we,” “us,” or “our”) and you, an individual user (“you” or “your”). This Agreement applies to and governs your use of (a) www.gorixley.com and all corresponding subdomains, web pages, and websites associated with the foregoing URL (the “Site”), (b) the Rixley mobile application (the “App”), and (c) any other content, features, applications, systems, software, information, products, and services offered by us that link to this Agreement (collectively, the “Services”).
By accessing or using the Site, App, or Services, downloading the App, completing the registration process, and/or clicking the “I Accept” button, you acknowledge and agree that: (i) you have read, understood, and agree to be bound by this Agreement, and (ii) you are of legal age and capacity to form a binding contract with Rixley.
Your use of certain Services may be subject to additional terms and conditions (“Additional Terms”). Such Additional Terms will either be incorporated by reference into this Agreement or will be presented to you for acceptance before you can access the applicable Services. In the event of any conflict between this Agreement and any Additional Terms, the Additional Terms will govern solely with respect to the relevant Services.
Please note that Section 17 of this Agreement contains important provisions regarding how claims and disputes between you and Rixley are resolved. This includes an arbitration agreement, which (with limited exceptions) requires that disputes be resolved through binding arbitration rather than in court. Unless you opt out of the arbitration agreement: (1) you may only pursue claims and seek relief against us individually, not as part of a class or representative action; and (2) you waive your right to a jury trial or to bring claims in a court of law.
If you subscribe to a paid version of Rixley for a fixed term (the “Initial Term”), your subscription will automatically renew for successive periods of equal length at Rixley’s then-current rates unless you cancel the renewal in accordance with Section 13.
This Agreement becomes effective as of the date you accept it (as outlined above) and will remain in effect for as long as you use the Services, unless terminated earlier in accordance with the terms set forth herein. You may terminate your use of the Services and close your Rixley account at any time by notifying us of your intent to terminate and deactivating your user account (“User Account”).
Rixley reserves the right to suspend or terminate your access to the Services, or to close your User Account, at any time and for any reason (or no reason), with or without prior notice or explanation, and without liability to you or any third party. This includes, but is not limited to, situations where you have violated this Agreement or where such termination is required by applicable law.
Rixley may update or modify this Agreement at any time and for any reason, at our sole discretion. If we make material changes, we will notify you by posting the revised Agreement on the Site and within the App. We may also send notice to the email address you have provided. It is your responsibility to ensure that your email address on file with us is accurate and up to date.
In some cases, we may require you to affirmatively accept updated terms before continuing to access or use the Site, App, or Services. We encourage you to review this Agreement periodically to stay informed of your rights and obligations under the most current version.
By using the Services, you represent and warrant that: (a) you are at least 13 years of age, and you understand and agree that certain features, activities, or components of the Services may require you to meet additional age or eligibility criteria; (b) your use of the Services complies with all applicable laws, rules, and regulations; and (c) you will make timely and complete payment for any Services you purchase.
If any information you provide is, or appears to be, false, inaccurate, incomplete, or misleading, Rixley reserves the right to suspend or terminate your registration (in whole or in part) and deny you access to the Services, either temporarily or permanently, with or without notice, and without liability to you.
To access and use the Services, you may be required to create an account (“User Account”), establish a unique username and password (“User Credentials”), and provide certain additional information as part of the registration process. You represent and warrant that all information you provide in connection with registering your User Account is true, accurate, and complete, and you agree to promptly update this information to keep it current.
You are permitted to maintain only one User Account and are solely responsible for keeping your User Credentials confidential. You are also responsible for any activity that occurs under your User Account, whether authorized by you or not, including any activity conducted through the device used to access the Services (“Device”). This includes responsibility for any fees or transactions that occur under your account. You should not share your User Credentials with anyone.
You agree to notify Rixley immediately of any unauthorized use of your User Credentials, User Account, or Device, or of any other breach of security, including if your Device is lost or stolen. It is your sole responsibility to: (a) manage the security and distribution of your User Credentials, User Account, and Device; (b) maintain and control access to them; and (c) cancel your User Account if needed.
Rixley reserves the right to deny or restrict access to the Services, including registration privileges, if we believe there is a concern regarding the identity of the user attempting to access an account. Rixley is not liable for any loss or damage resulting from your failure to comply with this Section.
Certain Services offered by Rixley may rely on or integrate with platforms and services owned or operated by third parties (e.g., Apple, Google Play, PayPal, Facebook, Twitter, LinkedIn, etc.) (each, a “Third-Party Platform”). Access to some features may require you to have an active account with one or more of these Third-Party Platforms and to provide relevant login credentials or permissions. These platforms may also share limited information about you with Rixley, subject to their respective privacy policies and terms of service.
Please note that no Third-Party Platform through which you access or purchase Rixley Services is responsible for providing maintenance, support, or addressing any claims related to your use of Rixley, including legal or consumer protection issues. All inquiries regarding your use of the Services should be directed to Rixley.
The Services may include advertisements, which may be targeted based on content or other information available through the Services. The nature and extent of such advertising may change over time. In consideration for your access to and use of the Services, you agree that Rixley and its third-party partners may place advertising in connection with your use of the Services, including alongside content submitted by you or other users.
Rixley values and respects your privacy, including the protection of your personally identifiable information. During your use of the Services, you may be asked to provide certain personal or personalized information (“Personal Information”). Our policies regarding the collection, use, and safeguarding of your Personal Information are detailed in our Privacy Policy, which can be found at https://gorixley.com/legal/privacy-policy/ (URL subject to update).
We strongly encourage you to review the Privacy Policy so you can make informed decisions about how your information is handled. You acknowledge and agree that you are solely responsible for the accuracy, completeness, and content of the Personal Information you provide to us.
If you access or download the App through the Apple App Store (an “Apple App Store Sourced Application”), you agree to use the App (i) only on Apple-branded devices running Apple’s proprietary operating system, and (ii) in accordance with the “Usage Rules” set forth in the Apple App Store Terms of Service.
7.2 Ownership.
As between you and Rixley, Rixley exclusively owns all rights, title, and interest in and to the Site, App, Services, and all content made available on, through, or in connection with them (collectively, the “Content”). The Site, App, Services, and Content are protected by applicable U.S. federal and state laws, as well as international laws, regulations, and treaties, including but not limited to those governing intellectual property.
7.3 Restrictions.
You may not alter, remove, or obscure any copyright, trademark, service mark, or other proprietary notices displayed on or within the Site, App, or Services, including any such notices on Content you transmit, download, view, print, stream, or reproduce from the Services.
Unless expressly authorized by Rixley or permitted under specific Additional Terms (e.g., for Services that include embeddable or shareable features), you may not—and may not allow any third party to—copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, circulate, or otherwise use the App or any Content without Rixley’s prior written consent (or the owner’s consent, if not Rixley). This includes posting or sharing any Content on third-party websites or platforms.
You are strictly prohibited from framing, scraping, or in-line linking to the Site, Services, or Content, and from using automated systems such as bots, crawlers, or spiders to access, extract, index, or store any Content from the Services—except as explicitly authorized by Rixley in writing. You also agree to comply with all exclusionary protocols, such as Robots.txt or Automated Content Access Protocol (ACAP), associated with the Services.
8.1 Intentionally or unintentionally engage in, or encourage, conduct that violates any applicable laws or regulations, results in civil liability, or infringes upon the intellectual property, privacy, moral, publicity, or any other rights—whether proprietary or otherwise—of Rixley or any other individual or entity.
8.2 Submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that:
(i) is illegal, harmful, threatening, defamatory, deceptive, fraudulent, invasive of another person’s privacy or publicity rights, harassing, contains explicit or graphic descriptions or depictions of violence or sexual acts, links to adult content, or promotes discrimination, hatred, or harm of any kind toward any group or individual;
(ii) discloses private or sensitive information or creates a security or privacy risk for any other person or entity;
(iii) contains viruses, worms, spyware, Trojan horses, or other malicious code or files designed to damage, disrupt, or impair the functionality of any software, hardware, or telecommunications equipment; or
(iv) includes false, misleading, or fraudulent information—including, but not limited to, information related to your sports participation, activities, achievements, invitations, or any club-related opportunities or promotions.
8.3 Intentionally or unintentionally engage in, or encourage, conduct that negatively impacts Rixley, its affiliates, or any of their respective officers, directors, employees, agents, representatives, licensors, service providers, or business partners; disrupts the Services; causes duress, distress, or discomfort to others; or discourages anyone from using the Services or from advertising, linking, or doing business with Rixley.
8.4 Use the Services for any commercial purpose—whether or not for compensation—without Rixley’s prior written consent.
8.5 Modify, interfere with, disrupt, or impair the functionality, features, operation, or maintenance of the Services, or interfere with another user’s access to or enjoyment of the Services.
8.6 Impersonate any person or entity, including a Rixley employee, club representative, or user; misrepresent your affiliation with any person, organization, or activity; or transmit false or misleading information through the Services, including in any content or communications.
8.7 Forge headers, manipulate identifiers, or otherwise disguise the origin of any content or transmission sent through the Services, including any user-generated content or postings.
8.8 Solicit passwords or personal information from other users for unlawful or commercial purposes; engage in spamming, flooding, scraping, phishing, or other data harvesting activities aimed at collecting user or contact information.
8.9 Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or create derivative works from any part of the Services, or encourage or assist others in doing so.
8.10 Use the Services while located in a country subject to a U.S. Government embargo or that has been designated as a “terrorist supporting” country by the U.S. Government.
8.11 Use the Services if you are listed on any U.S. Government list of prohibited or restricted parties.
Investigations
Rixley reserves the right, in its sole discretion, to investigate and take appropriate legal action against any individual or entity that violates—or is suspected of violating—this Agreement. Such actions may include, without limitation, reporting violations to law enforcement or other authorities.
You acknowledge, consent, and agree that Rixley may access, preserve, and disclose your account information, registration details, and any other content or data if required by law or if Rixley has a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
(i) comply with legal obligations or processes;
(ii) enforce this Agreement;
(iii) respond to allegations that any content or information violates the rights of third parties;
(iv) address your customer service or technical support requests; or
(v) protect the rights, property, or safety of Rixley, its users, or others.
Rixley also reserves the right to remove the Services from any Third-Party Platform, which may limit or prevent your ability to re-download or access the Services through those platforms.
Export
You may not use, export, re-export, import, or transfer the App except as permitted under United States law, the laws of the jurisdiction in which you accessed or obtained the App, and any other applicable international laws. Without limitation, the App may not be exported or re-exported:
(a) to any country subject to a U.S. Government embargo; or
(b) to anyone listed on the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Department of Commerce’s Denied Persons List or Entity List.
By using the App, you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You further agree not to use the App for any purpose prohibited by U.S. law. You acknowledge that the App and Services are subject to U.S. export control laws and regulations, and you agree to comply with all such laws. Without prior authorization from the U.S. Government, you will not export, re-export, or transfer any Rixley products, services, or technology—either directly or indirectly—in violation of such regulations.
11.1 Definition and Acknowledgements
The Services may allow you and other users to engage with community features such as feeds, forums, comments, messaging, or other interactive tools and may enable you to submit, post, display, email, or otherwise share content including, but not limited to, messages, reviews, ideas, feedback, links, materials, user information, and opinions (each a “User Posting,” and collectively “User Postings”). This term also includes all data related to your submission, such as your username, title, description, location, and any other information provided at the time of submission.
You acknowledge and agree that User Postings are generally made public and that:
(a) you have no expectation of privacy regarding any User Posting; and
(b) no confidential, fiduciary, or other relationship is created between you and Rixley as a result of submitting any User Posting to or through the Services.
11.2 Responsibility and Liability
You are entirely responsible for your own User Postings and any consequences of submitting, uploading, posting, emailing, displaying, transmitting, or making such content available through the Services. User Postings do not reflect the views of Rixley or its affiliates, officers, directors, employees, or agents. You acknowledge that while using the Services, you may encounter User Postings from others that you may find offensive, inaccurate, or objectionable. Rixley does not guarantee the quality, accuracy, or integrity of any User Posting, and under no circumstances shall Rixley be held liable for any errors, omissions, or harm resulting from any User Posting made available via the Services.
11.3 Use and Restrictions
The Services and all related features are intended for personal, non-commercial use. You agree not to post, transmit, or otherwise make available any User Posting that Rixley, in its sole discretion, deems to be an “Unauthorized Posting.” Unauthorized Postings include those that violate this Agreement (including but not limited to the conduct standards in Section 8), or that Rixley considers unacceptable for any reason.
Rixley reserves the right, but is not obligated, to review, remove, edit, move, or reject any User Posting, including Unauthorized Postings, at any time and for any reason, with or without notice. Rixley has no responsibility or liability to you or to any third party for such actions, or for the failure to take such actions.
11.4 License and Usage Rights
By submitting, posting, emailing, displaying, or otherwise making any User Posting available through the Services, you grant Rixley a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, broadcast, transmit, host, store, cache, reformat, create derivative works of, and otherwise exploit such User Posting, in whole or in part, in any form or medium now known or later developed, for any purpose, including commercial, promotional, and editorial use. This license includes the right for Rixley to sublicense and authorize others to exercise any of the rights granted herein.
These rights apply immediately upon your submission of the User Posting and continue indefinitely, regardless of whether you maintain a registered account or continue using the Services.
11.5 Ownership and Representations
Rixley does not claim ownership of your User Postings. You retain whatever ownership rights you may have in your content, subject to the license granted to Rixley in this Agreement. By submitting a User Posting, you represent and warrant that you own the content or otherwise have the rights necessary to grant the licenses and permissions set forth in this section, and that your submission does not violate any third-party rights or laws.
11.6 California Removal Rights
If you are a registered user of the Services, a California resident, and under 18 years of age, you may request the removal of User Postings you have submitted by emailing us at: support@gorixley.com with the subject line “California Removal Request.” Your request must include:
We may also offer self-service deletion tools, such as the ability to delete comments by selecting the delete option next to your content. Please note, removal requests do not guarantee complete or permanent removal of your content, especially if it has been shared, reposted, or stored by other users or third parties.
Rixley respects the intellectual property rights of others and expects users of the Services to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Rixley will:
(i) remove or disable access to content on the Services that it believes in good faith to be infringing upon the intellectual property rights of a third party, based on proper notification from the rights holder or their authorized agent; and
(ii) terminate the accounts of repeat infringers where appropriate. A “repeat infringer” is any user for whom Rixley has received more than two DMCA-compliant takedown notices under 17 U.S.C. § 512. However, Rixley reserves the right to terminate any user account after a single infringement notification or based on its own determination.
If you believe that material available through the Services infringes your copyright, you may submit a Notification of Claimed Infringement that includes the following required information:
Submit your DMCA notice to Rixley’s Designated Agent at:
Rixley LLC
Attention: DMCA Agent
Email: support@gorixley.com
Rixley may share your notice with the user alleged to have posted the infringing content, and you consent to such disclosure.
Counter Notification
If you receive a notice from Rixley that content you submitted was removed due to a DMCA Notification of Claimed Infringement, you may respond with a Counter Notification. To be valid, the Counter Notification must include:
Rixley will provide a copy of your Counter Notification to the original complaining party. Unless Rixley’s Designated Agent receives notice within 10 business days that the original party has filed a court action seeking to restrain further infringement, Rixley will restore the removed content or cease disabling access to it.
Misrepresentations and Penalties
Under 17 U.S.C. § 512(f), anyone who knowingly misrepresents material facts in a Notification of Claimed Infringement or Counter Notification may be liable for damages, including attorneys’ fees and costs, incurred by the alleged infringer, the copyright owner, or the service provider.
Rixley reserves the right to pursue legal action and seek damages against any party that submits a false or fraudulent takedown or counter notice.
13.1 Premium Subscription
Access to certain features and functionality of the Services may require payment of a Premium membership fee. Premium membership fees, including applicable taxes, may be charged on a weekly, monthly, or annual basis and are payable in advance. By subscribing, you agree to pay all associated membership fees and charges incurred in connection with your Rixley account, whether on a one-time or recurring basis. Rixley reserves the right to adjust pricing, taxes, or introduce new fees at any time with reasonable advance notice.
13.2 Other Fee-Based Services
The Services may also include options to make additional purchases, such as goods, services, or one-time events (“Fee-Based Services”). Some transactions may involve initial payment to Rixley and additional payments to third-party merchants or service providers. These transactions may be governed by Additional Terms, which will be presented at the time of purchase. These terms may be between you and Rixley, or you and a third party, and are hereby incorporated by reference.
Unless otherwise specified, the following applies to all Fee-Based Services:
13.3 Payment Method and Terms
Charges for all purchases will be processed at the time of confirmation. For auto-renewing subscriptions, charges will occur within 24 hours prior to the end of the current term. Accepted payment methods will be shown at checkout and may be subject to regional or provider restrictions.
If your payment fails, please verify the accuracy of your payment details. Should the transaction still be declined, you must use an alternative Authorized Payment Method. Rixley may request pre-authorization from your card issuer for the full order amount. Once a purchase is finalized by clicking “Submit” (or similar), you authorize Rixley to bill your selected payment method. If payment is not received, you agree to pay all amounts due upon demand.
Rixley reserves the right to change prices for any Services or Content at any time, for any reason.
13.4 Auto-Renewal
Your subscription will continue until canceled under the terms of this Agreement. At the end of each subscription period, your plan will automatically renew on the first day after the current period ends (the “Renewal Commencement Date”), unless canceled prior to that date. The new term will be charged at Rixley’s then-current subscription rate.
If you cancel, your subscription will remain active until the end of the paid term. No prorated refunds will be issued for unused portions of a subscription. By subscribing, you authorize Rixley and its payment processors to charge for both initial and renewal terms. If payment is not received, Rixley may suspend or cancel your subscription and continue attempting to process payment until successful. Your renewal period will begin on the date payment is received.
13.5 Taxes
You are responsible for all taxes associated with your purchases on the Services. This includes, but is not limited to, sales tax, use tax, and other government-imposed charges, based on your billing location and applicable tax rates at the time of purchase. No exemptions apply.
13.6 Additional Terms and Conditions
Rixley may revise any and all pricing, fees, or product availability at any time. While we aim for accuracy, we do not guarantee the completeness or reliability of descriptions, images, or availability of products and services. Neither Rixley nor its affiliates endorse products simply by listing them on the platform.
Rixley and its third-party service providers may, at their discretion and with or without notice:
If your account is terminated due to violation of this Agreement, you are not entitled to a refund for any unused fees or paid services.
13.7 Virtual Currency
You may earn or be granted virtual currency (“Virtual Currency”) within the Services. Rixley maintains full control over the availability, value, and rules governing Virtual Currency, which has no real-world value and may not be exchanged for cash.
Virtual Currency is:
All Virtual Currency is provided under a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license. Rixley retains full ownership of all Virtual Currency. If your account is terminated for any reason, you may lose access to any remaining Virtual Currency without compensation.
13.8 Third-Party Payment Processors
Rixley uses Stripe, Inc. to securely process payments. Stripe may collect and process your personal information in accordance with its own policies. By using Stripe to complete purchases, you agree to be bound by the Stripe Connected Account Agreement.
13.9 Disputes
If you have a question or dispute regarding a charge, feature, or product associated with your Premium membership or any Fee-Based Services, you must notify Rixley promptly by emailing support@gorixley.com with a detailed explanation of your concern.
You agree to defend, indemnify, and hold harmless Rixley, its affiliates, and their respective successors and assigns, directors, officers, employees, agents, representatives, licensors, suppliers, and service providers (collectively, the “Rixley Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Claims”) arising out of or related to:
(a) your use or misuse of the Services;
(b) your violation of this Agreement; or
(c) any User Posting you submit, post, or otherwise make available through the Services.
Rixley reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to fully cooperate with Rixley’s defense of such Claims.
This provision does not require you to indemnify the Rixley Parties for any unfair or deceptive business practices by Rixley, or for Rixley’s own fraud, misrepresentation, or intentional misconduct related to the Site, App, or Services.
Disclaimer
15.1 General Disclaimer
THE SERVICES, INCLUDING ALL CONTENT, FEATURES, PRODUCTS, SERVICES, AND USER POSTINGS AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND. RIXLEY DOES NOT GUARANTEE THAT THE SERVICES, OR ANY COMPONENT, WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FUNCTION AS INTENDED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES—INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT—ARE EXPRESSLY DISCLAIMED.
Without limiting the foregoing, Rixley makes no warranty or representation regarding the accuracy, reliability, completeness, performance, security, timeliness, or quality of the Services or any User Postings. You assume all risks associated with your use of the Services, including any risks related to malware, delays, interruptions, or errors.
15.2 Third-Party Products and Services
RIXLEY IS NOT RESPONSIBLE FOR, AND ASSUMES NO LIABILITY REGARDING, ANY PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING THOSE ACCESSED THROUGH OR IN CONNECTION WITH THE SERVICES. YOUR DEALINGS WITH THIRD-PARTY MERCHANTS, VENDORS, OR SERVICE PROVIDERS ARE ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THEIR OWN TERMS AND POLICIES.
Rixley makes no guarantees about the accuracy, completeness, or reliability of any descriptions, offers, or claims made by third parties. You are solely responsible for investigating and evaluating third-party goods or services before proceeding with any transaction. Rixley also disclaims all responsibility for the security of any personal or payment information you provide to third parties and disclaims any duty to assist in resolving issues related to such transactions.
15.3 Availability and Timeliness
You acknowledge that the Services are subject to capacity limitations and may be delayed, limited, or disrupted due to network issues, system constraints, or other factors beyond our control. Rixley makes no guarantees about the timeliness or availability of any features, messages, or User Postings. As such, Rixley disclaims all responsibility for the failure to store, transmit, process, or deliver any data or User Posting and strongly advises that you do not rely on the Services for time-sensitive or critical communications.
Some jurisdictions do not allow certain warranty exclusions or limitations on liability, so some of the above disclaimers may not apply to you.
15.4 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, RIXLEY AND ITS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES.
IN NO EVENT SHALL RIXLEY’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO RIXLEY DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS (US $1,000).
Please read this section carefully. It contains an arbitration agreement that requires most disputes between you and Rixley to be resolved through binding arbitration, and it limits how you can seek relief from us.
16.1 Applicability of Arbitration Agreement
You agree that any dispute, claim, or controversy relating in any way to your use of the Site, App, or Services, or to any product or service provided by Rixley, or to any aspect of your relationship with Rixley, will be resolved through final and binding arbitration rather than in court. The only exceptions to this requirement are:
(1) you may bring qualifying claims in small claims court; and
(2) either you or Rixley may seek equitable relief in court for infringement or misuse of intellectual property rights (including trademarks, copyrights, patents, trade secrets, domain names, and trade dress).
This arbitration agreement applies to all claims, whether existing now or arising in the future, including those that arose or were asserted before the Effective Date of this Agreement or any prior agreement between you and Rixley.
16.2 Arbitration Rules and Forum
The Federal Arbitration Act governs this arbitration agreement. To initiate arbitration, you must send a written request describing your claim to:
Rixley LLC
[Insert current mailing address]
Email: support@gorixley.com
The arbitration will be administered by JAMS, a leading alternative dispute resolution provider. If your claim involves less than $250,000 (excluding attorneys’ fees and interest), the JAMS Streamlined Arbitration Rules and Procedures will apply. For claims above that amount, the JAMS Comprehensive Arbitration Rules and Procedures will apply. These rules are available at www.jamsadr.com, or by calling 800-352-5267.
If JAMS is unavailable, the parties will mutually select an alternative arbitration provider.
16.3 Authority of Arbitrator
The arbitrator has exclusive authority to resolve any dispute regarding the scope, enforceability, or interpretation of this arbitration agreement, including any claim that all or part of it is void or voidable. The arbitrator will have the power to award all remedies available under applicable law, including monetary, injunctive, or declaratory relief. The arbitrator will issue a reasoned written decision, including the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding on both parties.
16.4 Waiver of Jury Trial
YOU AND RIXLEY AGREE TO WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. Instead, all disputes will be resolved through arbitration, as provided above. The arbitrator may award the same individual relief as a court but without a jury trial.
16.5 Waiver of Class Actions and Non-Individualized Relief
ALL DISPUTES AND CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU AND RIXLEY AGREE THAT NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY ONLY PROVIDE INDIVIDUAL RELIEF. If any court or arbitrator determines that this class action waiver is unenforceable as to any claim, that claim must be brought in court and severed from the arbitration. All remaining claims shall be arbitrated.
16.6 Severability
Except as stated in Section 16.5, if any part of this arbitration agreement is found to be invalid or unenforceable under the law, that specific part shall be severed, and the rest of this arbitration agreement shall remain in full force and effect.
16.7 Survival
This arbitration agreement will survive the termination of your account, subscription, or relationship with Rixley.
17.1 Final Agreement; Severability; Survival; Waiver
This Agreement, along with any applicable Additional Terms, constitutes the entire agreement between you and Rixley regarding your access to and use of the Services, and supersedes any prior or inconsistent understandings, communications, or agreements related to the same. If any provision of this Agreement is held to be unlawful, invalid, or unenforceable, that provision shall be deemed severed and the remainder shall continue in full force and effect.
Provisions intended to survive termination (including, without limitation, Sections related to intellectual property, disclaimers, limitations of liability, dispute resolution, and indemnity) will remain in effect after termination. Any claim arising from this Agreement or your use of the Services must be brought within one (1) year of the date the claim first arose, or it will be forever barred. The failure of Rixley to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.
17.2 Governing Law and Venue
This Agreement is governed by and construed in accordance with the internal laws of the State of New York, without regard to its conflict of law rules. For any legal or equitable claim that is not subject to arbitration as set forth in Section 16, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Dix Hills, New York, and waive any objections based on lack of personal jurisdiction, improper venue, or forum non conveniens.
YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY in any legal proceeding related to this Agreement, the Services, or your use thereof.
17.3 Notice
You are responsible for keeping your email address with Rixley current. Any notice sent by Rixley to your last-provided email address will constitute valid notice, even if the address is no longer valid or active. You may send legal notices to Rixley at the following address:
Rixley LLC
31 Rustic Gate Lane Dix Hills, NY 11746
Email: support@gorixley.com
Notices sent by overnight courier or certified mail will be deemed effective upon receipt.
17.4 Assignment
You may not assign or transfer this Agreement, or any rights or obligations under it, without prior written consent from Rixley. Any attempt to do so without permission will be void. Rixley may freely assign this Agreement and its rights or obligations without notice or restriction.
17.5 App Stores
You acknowledge that access to the App and Services may depend on the third-party platform from which you obtained the App (e.g., the Apple App Store or Google Play, collectively referred to as the “App Store”). This Agreement is solely between you and Rixley—not the App Store. Rixley, not the App Store, is solely responsible for the App and its content, support, maintenance, and warranties, as well as any related claims, including product liability, compliance with legal requirements, or intellectual property infringement.
You must comply with all applicable App Store terms and policies. You agree to pay all charges associated with your mobile network or App Store account. You further acknowledge that the App Store and its affiliates are third-party beneficiaries of this Agreement and have the right to enforce it.
