Terms of Service: RallySend LLC

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at RallySend.com, send you an email, and/or notify you by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

RallySend takes the privacy of its users very seriously. For the current RallySend Privacy Policy, please click here.

Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information.

If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@rallysend.com.

Will RallySend ever change the Services?

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Acceptance & Eligibility

By using RallySend (the "Service"), you agree to these Terms and our Privacy Policy. You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have reviewed these terms with a parent or guardian.

Service Scope & Google Integration

RallySend LLC provides a platform to organize recruitment outreach.

• Gmail Drafts: Our Service uses Google OAuth to create email drafts in your Gmail account. We do not send emails for you. You are responsible for reviewing and manually sending each draft.
• Usage Limits:To prevent system abuse and protect our API reputation, accounts are limited to 100 schools in the "My Schools" list.
• Intellectual Property: RallySend LLC owns all rights, title, and interest in the Service, including software, look, and feel. Any feedback you provide may be used by us without obligation to you.

Subscriptions & "No Refund" Policy

• Payments: Processed securely through Stripe.
• Automatic Renewal: Subscriptions renew automatically unless canceled.
• Access Upon Cancellation: All sales are final. If you cancel, you retain access until the end of your current paid billing period. No prorated refunds are issued.

Termination & Suspension

We reserve the right to terminate or suspend your access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms (e.g., harassment of coaches or "spamming" via our templates).

Limitation of Liability & Indemnification

To the maximum extent permitted by law, RallySend LLC is not liable for loss of athletic eligibility or scholarship denials. Our total liability is limited to the amount you paid us in the 12 months prior to the claim. You agree to indemnify RallySend LLC against any claims arising from your use of the Service.

What else do I need to know?

Warranty Disclaimer.

RallySend and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (RallySend and all such parties together, the "RallySend Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the RallySend Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. [cite: 340, 341] The RallySend Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services.

THE SERVICES AND CONTENT ARE PROVIDED BY RALLYSEND (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RALLYSEND AND ITS SUPPLIERS AND LICENSORS SPECIFICALLY MAKE NO WARRANTIES ABOUT THE CONTENT GENERATED FROM YOUR USE OF THE SERVICES OR VIA THIRD PARTY PLATFORMS ACCESSED VIA THE SERVICES, AND RALLYSEND DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF SUCH CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE RALLYSEND PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. [cite: 346, 347] SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity.

You agree to indemnify and hold the RallySend Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms, or any Third Party Platform terms for claims arising from your use or misuse of Content generated from the Services. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without RallySend's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law.

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement.

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with RallySend and limits the manner in which you can seek relief from RallySend. Both you and RallySend acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, RallySend's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

• (a) Arbitration Rules; Applicability of Arbitration Agreement.The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
• (b) Costs of Arbitration.The Rules will govern payment of all arbitration fees. RallySend will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. RallySend will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
• (c) Small Claims Court; Infringement.Either you or RallySend may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
• (d) Waiver of Jury Trial. YOU AND RALLYSEND WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and RallySend are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and RallySend over whether to vacate or enforce an arbitration award, YOU AND RALLYSEND WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
• (e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor RallySend is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
• (f) Opt-out.You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 2108 N Street STE N, Sacramento, CA 95816 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
• (g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or RallySend to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and RallySend agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls.
• (h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with RallySend.

Miscellaneous.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the RallySend may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and RallySend agree that these Terms are the complete and exclusive statement of the mutual understanding between you and RallySend, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of RallySend, and you do not have any authority of any kind to bind RallySend in any respect whatsoever. Except as expressly set forth in the section above regarding the arbitration agreement, you and RallySend agree there are no third-party beneficiaries intended under these Terms.