Updated December 01, 2020
The following definitions apply whether or not the terms are capitalized herein. "You" or "Your" means the individual or organization using the Platform and thereby agreeing to the Terms. “Your Account” means the Platform account you set up and the website offered by you through the Platform from that account. "Content" means any data or material (including without limitation copyrightable subject matter, graphics, text, video and audio content, trademarks and service marks) posted by You or Your end-user. "End-user" is an individual who accesses your unique account on the Platform. The “Platform” or “alyz(s)” shall mean the web-based software platform and the tools, functionality and services offered through the same accessible at https://alyz.org and its affiliate websites and services.
We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
While we hope to always offer the Platform and all of its features, we reserve the right to change or cease offering the Platform or any part, portion or functionality of it without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time.
Subject to the terms and conditions herein, and alyz, Inc agreeing to allow you to become a registered user of the Platform, alyz, Inc grants You a non-exclusive, non-transferable, terminable, limited license to use the Platform in accordance with these Terms to create a website for your non-profit or for-profit institution. alyz, Inc reserves the right to terminate your license to use the Platform at any time and for any reason. alyz, Inc further reserves the right, in its sole discretion, to decline to allow anyone the right to use the Platform. Notwithstanding anything to the contrary herein, alyz, Inc reserves the right to terminate and revoke all or some of the rights granted hereunder temporarily and permanently in the event that alyz, Inc believes, in its sole discretion, that your use or intended use of Platform or exercise or intended exercise of any rights granted hereunder is or may be inconsistent with alyz Inc’s message or threatens harm alyz, Inc’s reputation or goodwill or the reputation or goodwill of its Partners or alyz, Inc’s relationship with any Partner.
These Terms allow you to use the Platform in accordance with these Terms for the use of your non-profit or for-profit organization. All rights not expressly granted to you are reserved by alyz, Inc. The following requirements must be met when using the Platform:
You acknowledge that Your dealings with End-users and any other parties met or found on or through the Platform are solely between You and the End-user or such party. You agree that alyz, Inc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. The Platform contains interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Platform. It is your sole choice whether to make User Contributions on your account or whether to allow your End-users the ability to create their own User Contributions. However, we do not undertake to review User Contributions or any other material before it is posted on or through the Platform and cannot ensure prompt removal of objectionable material after it has been posted. So, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. All User Contributions must comply with these Terms. By providing any User Contribution on or through alyz(s) Platform, you grant us and our service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in order to offer the alyz(s) Platform functionality you request or otherwise utilize. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant this license and that all of your User Contributions do and will comply with these Terms. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of alyz(s) Platform.
You agree that we have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through alyz(s) Platform. YOU ARE RESPONSIBLE FOR COMMUNICATING THE FOREGOING TO YOUR END-USERS AND YOU AGREE TO DEFEND AND INDEMNIFY ALYZ, INC FOR ANY CLAIMS ARISING FROM OUR DISCLOSURE OF END-USER INFORMATION TO COOPERATE WITH LAW ENFORCEMENT. YOU WAIVE AND HOLD HARMLESS ALYZ, INC AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ALYZ, INC OR LAW ENFORCEMENT AUTHORITIES.
The information presented on or through alyz(s) Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. In addition, although alyz(s) Platform can translate certain site content into various languages, translations to languages other than English are provided to us by other parties and we do not represent or warrant the accuracy of those translations.We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to alyz(s) Platform, or by anyone who may be informed of any of its contents.
The Platform and its contents feature and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the same), are owned by alyz, Inc, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You maintain ownership of Your content that is uploaded to your account. You grant alyz, Inc the limited right to use, reproduce, distribute and otherwise exploit any such Content solely to perform the functions you request through the Platform with respect to the same.
Alyz(s) Platform name, alyz, Inc name and logo, all related names, logos, product and service names, designs and slogans are trademarks and/or copyright of alyz, Inc. You must not use these marks and copyright without the prior written permission of alyz, Inc.
If you believe that any alyz(s) Platform user content, including User Contributions, infringes your intellectual property rights, including copyright, please send notice of the copyright infringement to email@example.com. Please be aware that it is the policy of alyz, Inc to terminate the user accounts of repeat infringers. If You receive any notice of alleged unlawful activity or infringement of third-party intellectual property rights or any other violation of applicable laws, including notice under DMCA notice provisions, based on Your content or content posted your account, you shall immediately remove the content or take other appropriate action in response to the complaint or notice. The DMCA (Digital Millennium Copyright Act) is a copyright law that provides penalties for developing hardware or software that overrides copy protection schemes for digital media
The Platform may include content provided by third parties. If the Platform contains links to other sites and pop-ups and similar resources provided by third parties, these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by alyz, Inc, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of alyz, Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Platform may provide certain features that enable you to connect or link to or from social media as well as other third-party websites and applications and share information and communications to and from the Platform and such third-party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with these Terms and any additional terms and conditions we provide with respect to such features. We may disable all or any of this feature at any time without notice in our discretion.
alyz, Inc is based in the state of Florida in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the may is not legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding your use of the Platform and your End-users’ use, including laws pertaining to personal information enacted in the country in which You reside.
alyz, Inc provides the Platform at no cost to you or at a reduced service fee. Accordingly, YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR SOLE RISK, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALYZ, INC NOR ANY PERSON ASSOCIATED WITH ALYZ, INC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, LEGALITY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ALYZ, INC NOR ANYONE ASSOCIATED WITH ALYZ, INC REPRESENTS OR WARRANTS THAT THE PLATFORM OR ANY FUNCTIONALITY, CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH ALYZ(s) PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ALYZ, INC HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND LIABILITY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING COMPLIANCE WITH LEGAL REQUIREMENTS APPLICABLE TO YOU OR YOUR END-USERS, NOR DOES ALYZ, INC IN ANY WAY PROVIDING YOU WITH LEGAL ADVICE, GUIDANCE OR ADVICE. ALYZ, INC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL ALYZ, INC, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR YOUR END-USERS’ USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, AS YOU SOLELY CHOOSE TO CREATE AN ACCOUNT OFFERED TO END-USERS, YOU ARE SOLELY RESPONSIBLE FOR THE RIGHTS, OBLIGATIONS, LIABILITY AND INTERACTION AMONG AND BETWEEN YOU AND END-USERS, INCLUDING INFORMING SUCH END-USERS HOW THEIR INFORMATION IS USED WITHIN THE PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless alyz, Inc, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of Platform, including, but not limited to, your User Contributions, claims from End-users related to your account or their use thereof, any use of Platform content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.
All matters, disputes or claims relating to the Platform and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the City of Parkland, Broward County. By agreeing to these Terms and using the Platform, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
alyz, Inc may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
The Platform is operated by alyz, Inc., a Florida for-profit corporation, located at P.O. BOX 9056, Coral Springs 33075. All feedback, comments, requests for technical support and other communications relating to alyz(s) Platform should be directed by firstname.lastname@example.org or through the alyz.org or mailed to the address above. Any feedback you provide to us shall be deemed to be non-confidential. alyz, Inc shall be free to use such information on an unrestricted basis.