Terms of Use

This website, located at www.ruvna.com, and the software-related services offered through it or any mobile application provided by us (collectively, the “Services”), is provided by Ruvna, Inc. (“Ruvna,” “we,” “our,” or “us”) to the person accessing the Services (“you,” or “your”).

1. You Agree to these Terms of Use

Your access to and use of the Services are subject to these Terms of Use (“Terms of Use”) and all applicable laws and regulations. By accessing or using any Services, you accept, without limitation or qualification, these Terms of Use. Ruvna may, at any time and without notice, modify these Terms of Use by posting, or otherwise providing notice of, the updated version of these Terms of Use. Your continued access to or use of the Services constitutes your acceptance of any such revisions. No other amendment, modification, or supplement of any provision of these Terms of Use will be valid or effective unless made in writing and signed by both parties. This is a legally enforceable contract.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Services.

If you are accessing or using any Services on behalf of or through one or more schools (including school districts or similar entities), then your use may also be subject to the applicable then-effective written agreement(s) between Ruvna and such school(s) (collectively, the “School Agreement”).

2. Permitted Use of the Services

The Services, including any associated information or materials, are provided for general informational purposes (or, if applicable, as otherwise expressly set forth in the School Agreement). You may not use, reproduce, or distribute any text, video, graphics, downloads, tools, or other content made available on or through the Services for any other purpose. Certain fees may apply, and Ruvna reserves the right, at any time, to charge or modify fees in connection with the Services.

3. Restrictions

You may not do or attempt to do (or permit any third party to do or attempt to do) any of the following: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover or access the source code or the underlying content, algorithms, or other materials accessible through, or contained in, the Services (collectively, including any portions, modifications, versions, or embodiments of any such materials, “Service Materials”)); (ii) modify or transfer the Services or any Service Materials; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Services or any Service Materials; (iv) use the Services or any Service Materials for timesharing or service bureau or similar purposes or otherwise for any unauthorized purpose; (v) remove any proprietary notices from the Services or any Service Materials; (vi) circumvent, or attempt to circumvent, any mechanisms designed to protect the security or integrity, or limit access to or functionality of, the Services or any Service Materials; (vii) make the Services or any Service Materials available to anyone other than users expressly authorized for such purpose; (viii) use the Services or any Service Materials, or provide any information or other materials, for any purpose or in any manner that violates any law, regulation, or third party right; or (ix) interfere with or disrupt the integrity or performance of the Services or any Service Materials (or any associated Ruvna or third party systems or mechanisms).

You must maintain the confidentiality of the content, features, functionality, underlying algorithms and ideas, structure, and other proprietary aspects of the Services. In addition, you must, if applicable, comply with the confidentiality obligations under the School Agreement.

4. User Submitted Content

The Services may, from time to time, offer interactive features that allow users to submit content to or in connection with the Services. Ruvna does not and cannot review all such content, and is not responsible for such content. You are solely responsible for all content that you transmit via the Services (including, without limitation, the accuracy of such content).

You acknowledge that by providing the ability to view and distribute your user-generated content on the Services, Ruvna is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability, or making any representation or warranty, related thereto. You grant Ruvna the right to copy, modify, store, use, and disclose any such content, subject to the Privacy Policy. Ruvna reserves the right to review, block, or remove communications or content that it determines to be unacceptable to Ruvna in its sole discretion.

Harassment in any manner or form on the Services, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ruvna employee, host, or representative or an emergency responder or other Site user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is misleading, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable (in our sole discretion) or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any regulation or law.

5. Notice; Electronic Communications

When you use the Services or send e-mails to Ruvna, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Privacy

Ruvna’s Privacy Policy (as Ruvna may amend from time to time, the “Privacy Policy”) is incorporated into and made part of these Terms of Use. Any capitalized terms used, but not defined, in these Terms of Use have the respective meanings given to them in the Privacy Policy. Any personal information (for example, name, address, telephone number, or e-mail address) that we collect through, or for the purposes of, the Services will be used by us in accordance with the Privacy Policy. You hereby agree to the terms of the Privacy Policy and consent to our collection, use, and disclosure of your personal information in accordance therewith. If you represent or act on behalf of a school, you hereby represent, warrant, and covenant to us that you have obtained all consents and rights necessary for us to collect, use, and distribute student and staff information in connection with the Services.

7. Warranty Disclaimer

THE SERVICES, AND ANY CONTENT (INCLUDING DATA, INFORMATION AND MATERIALS), PRODUCTS OR SERVICES MADE AVAILABLE ON OR IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RUVNA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Ruvna does not represent or warrant that the Services or any related products or services, or any use thereof, will be uninterrupted or error-free, that any defects will be corrected, or that the Services or the server that makes the Services available are free of viruses or other harmful components. Ruvna does not make any warranties or representations regarding the Services or any related products, services, or content in terms of quality, suitability, correctness, accuracy, completeness, adequacy, availability, usefulness, timeliness, reliability or otherwise. Ruvna does not make any warranties or representations regarding the security of any personal information. Without limiting any of the foregoing, Ruvna reserves the right, at any time, to modify, suspend, or discontinue any Services, and you agree that Ruvna will not be liable for any such action and that the Services may not include any particular functionality or features (regardless of any Ruvna statements or documentation). Some jurisdictions restrict certain disclaimers of liabilities or warranties, so the above limitations may not fully apply to you.

The Services are not a replacement for 911. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, call 911 and/or the appropriate authorities and do not rely on the Services. Ruvna and the Services have no control over whether any individual, entity or agency will receive or respond to any emergency message or signal. Ruvna makes no promises or guarantees that using the Services will provide you or others with greater personal safety. The Services do not take the place of common sense and other reasonable safety measures. You must exercise your own independent judgment regarding, and bear all risks associated with, the use of any content on or related to the Services.

8. Indemnification

You agree to indemnify, defend, and hold harmless Ruvna, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use (or from any data or other materials submitted, or any negligent or other conduct occurring, on or in connection with the Services) by you or, as applicable, any third party accessing the Services on your behalf or using your account.

9. Limitations of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER RUVNA, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

10. Third Party Links

In an attempt to provide increased value to our users, Ruvna may link to sites operated by third parties. However, even if the third party is affiliated with Ruvna, Ruvna has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Ruvna. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Ruvna specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Ruvna does not endorse the content, or any products or services available, on such sites. Nonetheless, Ruvna seeks to protect the integrity of the Services and therefore requests any feedback (including if a specific link does not work).

11. Intellectual Property

Copyright © 2017-2022, Ruvna, Inc. ALL RIGHTS RESERVED.

Ruvna and its third party licensors retain all intellectual property rights in and to the Services and Service Materials (including all related copyrights, patents, service marks, trademarks, and other intellectual property rights), including but not limited to any and all updates, enhancements, customizations, revisions, modifications, future releases, and any other changes thereto, and all related information, materials, and documentation. Except for any rights specifically granted to you under these Terms of Use (or, if applicable, the School Agreement), you hereby assign to Ruvna all other intellectual property rights you may now or hereafter possess in the Services or any Service Materials, or any suggestions or other feedback related to the Services or Ruvna’s business that you may provide, and all derivative works and improvements thereof. You may not engage in or authorize any act or omission that would violate, contradict, challenge, or limit Ruvna’s intellectual property rights. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Services.

12. Copyright Complaints

Ruvna respects the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Ruvna infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;

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 us to locate the material;

information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;

a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notices described above should be sent to Ruvna’s Designated Agent (by email, fax, or mail) at: legal@ruvna.com.

We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

13. Termination and Suspension

Subject to the terms of the School Agreement (as applicable), Ruvna may suspend or terminate your access to any Services at any time (without any liability for such termination or suspension), including (i) as applicable, if the School Agreement expires or terminates; (ii) as applicable, if any undisputed payment obligation is overdue; (iii) if Ruvna suspects that you have breached these Terms of Use; or (iv) if Ruvna determines that continued access could result in a violation of security, applicable law, or any intellectual property, privacy, or other rights.

You may cancel your account, as applicable, at any time.

14. Export Control

Software and other materials downloaded or otherwise made available from the Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

Ruvna does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Control Laws.

15. Law and Jurisdiction

These Terms of Use and your use of the Services are governed by the laws of the State of New York, without regard to its choice of law provisions. The courts of general jurisdiction located within State of New York, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Services or in which these Terms of Use and/or the Services are a material fact.

16. Assignment

Ruvna may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You may not assign, delegate, or otherwise transfer these Terms of Use, or any of your rights or obligations hereunder, without Ruvna’s prior written consent.

17. Waiver and Severability

Waiver of any default or breach under these Terms of Use does not constitute a waiver of any subsequent default or a modification of any other provisions of these Terms of Use. If any provision of these Terms of Use is held invalid or unenforceable, such provision shall be enforced to the maximum extent permissible under applicable law and the other provisions shall remain in full force and effect.

18. Entire Agreement

These Terms of Use, including the Privacy Policy (and, if applicable, the School Agreement), constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter hereof.

19. Questions and feedback

We welcome your questions, comments, and concerns about the Services. Please send us any and all feedback pertaining to the Services to legal@ruvna.com.

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