Relay12 Terms of Use
These Terms of Use apply to the Relay12 reporting tool (the “Service”). This Service is owned and operated by Oryx Holding, Inc. and its affiliates (“we”, “us” or “our”). You should read these Terms of Use carefully. Your access to and use of this Service are governed by these Terms of Use, which are a legally binding contract between you and us. In addition, when using a particular feature of the Service and/or accessing certain materials on or through this Service, you are subject to any additional posted terms, conditions, and rules applicable to the same, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.
By using this Service, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with any of these terms, please do not use the Service or provide us with your information.
Non-Emergency Use
This Service is used to report incidents and concerns to your educational institution. It is not intended for emergency use. If you are experiencing an emergency, please call 911.
Amendments to Terms of Use
We reserve the right to change these Terms of Use, our Privacy Policy, and any of its other terms, conditions and rules relating to the Service at any time. We will notify you of such changes by posting the changes on the Service. You are responsible for regularly reviewing the Service and these Terms of Use regarding such changes. Continued use of the Service after any such changes have been posted shall constitute your agreement to them.
Eligibility
We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Use of Service
We and our licensors grant to you a personal, non-exclusive, non-transferable right to use the Services and access, view, download, print, use and display the information and other materials contained or displayed in or made available through the Service (collectively, “Materials”) solely for your own informational and non-commercial use. In these Terms of Use, all references to the Service shall be deemed to include all Materials unless otherwise expressly indicated. All rights not expressly granted by us to you are retained by us and our licensors, and you may not use the Service and/or any element of the Service in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the Service design, text and graphics, and the selection and arrangement of such elements, which are copyrighted and are protected by worldwide copyright laws and treaty provisions and may not be copied or imitated in whole or in part. Unless otherwise indicated, all product and service marks and logos displayed on the Service are subject to the trademark rights of us and our licensors. We and our licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Service, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Service or any element thereof.
You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Service; (b) modify, enhance, adapt, translate, or create derivative works of the Service; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Service; (d) decompile, disassemble or reverse engineer the Service; (e) reproduce or make copies of the Service; (f) "frame" or "mirror" the Service on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Service for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You acknowledge that certain elements of the Service are, or may in the future be, licensed to us by third parties and that the availability of such elements may cease automatically, without notice or liability on our part. Our trademarks cannot be used without a separate license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Service Access and Registration
As a condition to using the administrative features of the Service, you may be required to register with us and select a username and password. You must provide us with accurate, complete, and updated account information. You are responsible for the security of online access to this Service, including access to any user account, and you must protect the confidentiality of your username and password. You should not share your username or password. You are solely responsible for verifying the accuracy of all activity taking place in your account. You should contact us immediately if you suspect unauthorized use of your username or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Service that make use of your password and/or username.
Prohibited Behaviors
Your ability to use this Service depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Service and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Service. You agree not to engage in:
- Falsely reporting incidents or other offensive activities such as harassment or transmitting content that is false, inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
- Impersonating any person or misrepresent your identity or affiliation with any person or event.
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing information or material that infringes or otherwise violate any privacy, intellectual property, publicity or other personal rights, or information or material that is illegal or fraudulent.
- Any other violations of these Terms of Use
In addition, you must comply with all applicable laws, rules and regulations related to your use of the Service, including data protection and privacy laws. If you breach these guidelines or other provisions of these Terms of Use, we may take such action as we deem appropriate, including but not limited to: (a) terminating your right to use the Service; and (b) taking legal action against you (including referral to law enforcement). We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing an incident report through the Service, and you agree to hold us harmless from any actions we take because of such requests.
Consent to Collection and Use of Data
Incident Reports. This Service permits the reporting of incidents, including your email address and the details of the incident (collectively, “Incident Data”) and will transmit the Incident Data to your educational institution, and you grant us an irrevocable, worldwide, perpetual right and license to do so. If you do not agree to the collection of Incident Data and its use as described herein and our Privacy Policy, do not use this Service. You are solely responsible for any Incident Data that you provide, and you have full responsibility for such Incident Data. We take no responsibility and assume no liability for any Incident Data, including, but not limited to, any errors or omissions in any Incident Data, or for any loss or damage of any kind incurred as a result of the use of any Incident Data.
Usage Data. In addition to Incident Data, you agree that we may collect, use and share certain information about you and your use of the Service, including but not limited to technical information about our Service, your device, system and application software, and your use of the same that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Service (collectively, “Usage Data”). We use Usage Data to improve the Service, facilitate the provision of Service updates, and provide support. Usage Data is automatically transmitted to us by the Service. You acknowledge and agree that we retain sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. We may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identify you before sharing Usage Data with third parties.
Feedback. If you provide us with any comments, suggestions or other feedback with respect to the products, the Service or any component thereof (collectively, “Feedback”), we have the right, but not the obligation, to use such Feedback in any way, including incorporating such Feedback into our products or the Service, without obligation to you. we will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on our behalf resulting from your Feedback, including, without limitation, any modifications or enhancements to the Service.
Privacy
We have a policy that addresses the privacy of your personal information. Your use of our Service is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Service. We reserve the right to monitor some, all, or none of the areas of this Service for adherence to these Terms of Use.
Third Party Service Providers
We may use third party service providers to help develop and maintain this Service. You agree that the terms and conditions set forth in these Terms of Use inure to the benefit of any third party service providers engaged by us. All references to us are deemed to include our agents and service providers.
Territory
We operate this Service from the United States. We make no representation that this Service is legal or appropriate for use outside the United States. Please keep in mind that this Service may not conform with the laws of your country. If you access this Service from outside the United States, you do so at your own risk. You may not use the Service in violation of United States export laws and regulations.
Disclaimer of Warranties; Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SERVICE, INCLUDING ALL MATERIALS, INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THIS SERVICE, IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS AS A RESULT OF YOUR USE OF THE SERVICE. The Service is not a substitute for the advice of a medical or safety professional or proper incident investigation.
YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BY USING THIS SERVICE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE AND ANY DECISIONS ARISING THEREFROM, AND YOU EXPRESSLY RELEASE US AND OUR THIRD PARTY SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU SHALL ENSURE THAT THE SERVICE IS SUITABLE FOR YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT: THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SERVICE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH WE MAY UPDATE THIS SERVICE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SERVICE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SERVICE, RESULTING FROM CAUSES OUTSIDE OF RISE CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SERVICE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SERVICE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.
Indemnity
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, agents, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Service, your violation of these Terms of Use or any other applicable policy, or your violation of any rights of another. You are solely responsible for your actions when using this Service, including, but not limited to, costs incurred for Internet access.
Termination
We may terminate your access to this Service at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Service or any portion of it, restrict the time the Service is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Service under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Service. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law, Severability and Waiver
To ensure consistency in the interpretation and enforcement of these Terms of Use and our rights in the Service, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and us related, in any way, to the Service and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kalamazoo County, Michigan or the United States District Court for the Western District of Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts. EACH PARTY WAIVES THEIR RESPECTIVE RIGHTS TO DEMAND A TRIAL BY JURY IN ANY LITIGATION OR OTHER LEGAL PROCEEDING ARISING OUT OF THESE TERMS OF USE.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.
Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.
Developer Name and Address
This Service was developed by Oryx Holding, Inc. with an address of:
Oryx Holding, Inc.
PO Box 543
Oshtemo, MI 49077
How to Contact Us
If you have any questions, complaints or claims about this Service, please contact us as detailed below.
Oryx Holding, Inc.
PO Box 543
Oshtemo, MI 49077
These Terms of Use were last updated August 20, 2024.