These terms were last updated on March 15, 2021.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
Please read these Website Terms and Conditions (“Terms”) carefully because these Terms create a binding legal agreement between you and Reltio, Inc. (“Reltio” or “We”) and explain the rules governing use of the websites that include a link to these Terms (“Sites”).
Please note that we offer many products and services. Your use of Reltio products and services is provided by Reltio pursuant to the terms set forth in a separate manually or digitally-executed services agreement (the “Services Agreement”). Those additional terms become part of your agreement with us, if you use the Reltio products or services or log into the Sites. If there is a conflict or inconsistency between these Terms and your Services Agreement, or other terms and conditions for a specific area of the Sites, the latter shall have precedence with respect to your access and use of that area of the Site or the products or services that are governed by the applicable Services Agreement.
Except for the “Binding Arbitration and Class Action Waiver” section below, Reltio reserves the right to revise these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop accessing and using the Sites. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Sites after any such update constitutes your acceptance of such changes.
You may be required to create an account and specify a password in order to use certain services or features on the Sites, including the Reltio Partner Program Portal (the “Partner Portal”) and the Reltio Community. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. If your information changes at any time, please update your account to reflect those changes.
In some cases, an account may be assigned to you by an administrator (“Account Administrator”, such as your employer. If you are using or logging into an account assigned to you by an Account Administrator, additional terms may apply to your use of the Sites. Moreover, your Account Administrator may be able to access or disable your account without our involvement.
You may not share your account with anyone else. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you. If you believe that your account has been compromised at any time, you or your Account Administrator is responsible for notifying us at Security@reltio.com. You understand and agree that we may require you or your Account Administrator to provide information that may be used to confirm your identity and help ensure the security of your account.
Reltio will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Reltio or a third party due to someone else using your account. In the event that you or the Account Administrator loses access to an account or otherwise requests information about an account, Reltio reserves the right to request from you or the Account Administrator any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
The Reltio Partner Program Portal (the “Partner Portal”) is a site created for Reltio partners. In addition to these Terms, use of the Partner Portal is subject to the terms of (i) your Reltio Alliance Agreement with Reltio, (ii) a separate non-disclosure agreement executed between you and Reltio (the “Reltio NDA”) and (iii) the Reltio Partner Program Guidelines, and may be subject to additional terms and conditions, which will be made available on the Partner Portal. Please read those carefully.
All qualifying lead content made available on the Partner Portal (the “Portal Content”) and its related Sites is Reltio Confidential Information as that term is defined in the Reltio NDA and you must protect it as such. In addition, all qualifying leads uploaded to the Partner Portal shall be Partner’s Confidential Information as that term is defined in the Reltio NDA and Reltio must protect it as such.
The Partner Portal is provided solely as a convenience to Reltio partners and Reltio is under no obligation to provide such service. Reltio reserves the right to remove your access to the Partner Portal at any time with or without notice.
The Reltio Community is a site created for Reltio customers to share successes, challenges, constructive feedback, questions, and goals regarding Reltio’s products or services. In addition to these Terms, use of the Reltio Community is subject to the Reltio Community Rules & Etiquette Guidelines located at https://reltio.kmdgideas.com/reltio-community-terms/, and may be subject to additional terms and conditions, which will be made available on the Reltio Community. Please read those carefully.
Customer Content and Feedback
Our Sites may include discussion forums, blogs, or other interactive features or areas, including the Reltio Community, (collectively, “Interactive Areas”) and we may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Customer Content”) to the Interactive Areas. You can only post Customer Content if you own all the rights to that Customer Content, or if another rights holder has given you permission.
You do not transfer ownership of your Customer Content simply by posting it. However, by posting Customer Content on or through the Sites and its Interactive Areas, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Customer Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). You agree that this license includes the right for Reltio to provide, promote, and improve the Sites and to make Customer Content submitted to or through the Sites available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Customer Content on other media and services, subject to our terms and conditions for such Customer Content use. Such additional uses by Reltio, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Customer Content that you submit, post, transmit or otherwise make available through the Sites and Interactive Areas as the use of the Sites and Interactive Areas by you is hereby agreed as being sufficient compensation for the Customer Content and grant of rights herein. Please note that this license continues even if you stop using our Sites.
In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Sites (collectively “Customer Feedback”), you grant Reltio a nonexclusive, perpetual, irrevocable, royalty free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform and otherwise exploit such Customer Feedback without restriction (including in testimonials or other Reltio marketing materials and where required to do so by law or in good faith to comply with legal process). We reserve the right to remove any Customer Feedback posted in public forums for any reason at our sole discretion.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Customer Feedback or Customer Content that you submit, post or display on or through the Sites. You agree that such Customer Feedback or Customer Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Reltio the license described above.
You understand that Reltio does not control, and is not responsible for Customer Content or Customer Feedback, and that by using the Sites, you may be exposed to Customer Content or Customer Feedback from other customers that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you will indemnify, defend, and hold harmless Reltio for all claims resulting from Customer Content or Customer Feedback you submit through the Sites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
All users must comply with the following rules regarding acceptable use of the Sites.
You may not:
- access, tamper with, or use non-public areas of the Sites, Reltio’s computer systems, or the technical delivery systems of Reltio’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- access or search the Sites by any means other than Reltio’s publicly supported interfaces (for example, “scraping”);
- attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
- interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Sites, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Sites.
You may not utilize the Sites to carry out, promote or support:
- any unlawful or fraudulent activities;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
- the publishing or posting of other people’s private or personal information without their express authorization and permission;
- the sending of unsolicited communications, promotions advertisements, or spam;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
- the promotion or advertisement of products or services other than your own without appropriate authorization.
You may not post any Content on the Sites or its Interactive Areas that:
- violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
- contains any personal information of minors;
- contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Reltio’s prior written consent;
- contains viruses, bots, worms, or similar harmful materials; or
- contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
In addition to any other remedies that may be available to us, Reltio reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Sites, upon notice and without liability for Reltio should you fail to abide by these rules, in Reltio’s sole discretion, such action is necessary to prevent disruption of the Service or Sites for other users.
The Sites may provide links to websites, content, products, and services of third parties. Reltio is not responsible for the availability of and does not endorse the materials made available on such external sites or resources. You further acknowledge and agree that you bear all risks associated with the access to, and use of, any linked site or resource. Your interactions with such third parties will be governed by the third parties’ own terms of services, and any other similar terms.
We reserve the right to modify our Sites, at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature, service (including any program) altogether. We also reserve the right to charge a fee for any of our features, services or programs at any time. If you don’t like any changes, you can stop using our Sites at any time.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, NEITHER RELTIO, INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties.
EXCEPT WHERE PROHIBITED, RELTIO, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SITES, OR ANY LINK PROVIDED ON THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF RELTIO, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
IN ALL CASES, RELTIO, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. RELTIO WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Reltio and its respect officers, directors, employees, members, shareholders, contractor, or representatives (and all successors and assigns of the foregoing), harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
Export Restrictions and Legal Compliance
You may not access, download, use or export the Site, or the content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of Reltio in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of Reltio outside the U.S. Neither the services or products of Reltio nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and Reltio agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This “Binding Arbitration and Class Action Waiver” section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial dispute resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Legal@reltio.com and provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Reltio, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Filing a demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (c) Send one copy of the Demand for Arbitration to us at Legal@reltio.com.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Location. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Santa Clara County, California, United States, and you and Reltio agree to submit to the personal jurisdiction of any federal or state court in Santa Clara County, California, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RELTIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: litigation of intellectual property and small claims court claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court in Santa Clara, California for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Legal@reltio.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of the posting of these Terms or within 30 days of changes to this section being announced. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Reltio also will not be bound by them.
Changes to this Section. We will provide sixty (60) days’ notice of any changes to this section. Amendments will become effective sixty (60) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Binding Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Binding Arbitration and Class Action Waiver section in existence after you began using the Services.
Survival. This Binding Arbitration & Class Action Waiver section shall survive any termination of these Terms.
These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. Any dispute arising out of these terms not subject to arbitration shall be initiated and conducted in the state or federal courts of Santa Clara County, California, and you and Reltio consent to the exclusive jurisdiction of such courts.
If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Copyright Complaints / Digital Millennium Copyright Act Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512; the “DMCA”), we have implemented procedures for receiving notice of alleged copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Reltio’s Copyright Agent a notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your claims of copyright or other intellectual property infringement to Reltio’s Copyright Agent at the following address:
100 Marine Parkway, Suite 275
Redwood Shores, CA 94065, USA
Phone: (855) 360-3282
Please note that the above contact information is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in the Terms or on the relevant Site. Correspondence pertaining to other matters sent to our Copyright Agent will not receive a response and will be disregarded. Please note that any person who submits a false or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, to our above designated Copyright Agent which contains:
- your physical or electronic signature;
- identification of the material removed or to which access has been disabled;
- a statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (a) in the judicial district where your address is located if the address is in the United States, or (b) in Santa Clara County, California, if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or their authorized agent.
If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) 100 Marine Parkway, Suite 275, Redwood Shores, CA 94065, USA or (2) Support@reltio.com.
If you have any questions about these Terms, please contact us at Support@reltio.com.
Copyright © 2021, Reltio, Inc. and/or its affiliates. All rights reserved.
Reltio is a registered trademark of Reltio, Inc. and/or its affiliates. Other names appearing on the Sites may be trademarks of their respective owners.