Terms of Use

These Rayze website terms of use for the Website (as defined below) constitute a legal agreement and are entered into by and between you and Rayze Capital (“Rayze”, “we”, “us”, or “our”). The following terms of use, together with any other terms they expressly incorporate by reference, (collectively, the “Terms of Use”) govern your access to and use of our website at rayzecapital.com, including any text, pictures, media, data, functionality, information and other materials or content contained on or provided through such website (collectively, the “Website”). The terms “you” or “your” refer to the individual or entity browsing, installing, downloading, accessing or otherwise using the Website (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE.

If you are using the Website on behalf of an entity, you represent and warrant to us that you have the authority to bind such entity to these Terms of Use. If you do not meet this requirement, you must not access or use the Website.

These Terms of Use do not alter in any way the terms or conditions of any other agreements you may have with us in respect of any products, applications, services or otherwise.

Section 1: Changes to these Terms of Use and the Website

  1. Except where prohibited by applicable law, we reserve the right, at our discretion, to amend any element of these Terms of Use at any time by posting an amended version of these Terms of Use to the Website. If you do not agree to the amended version of these Terms of Use you must stop using the Website. Otherwise, your continued access to or use of the Website indicates your acceptance of the amended Terms of Use. If you are a consumer residing in Québec and you have created an account for the use of the Website, you will receive an email notice of amendments to these Terms of Use at least 30 days before the amendments come into force and you can refuse the amendment by closing your account without cost, penalty or cancellation indemnity within 30 days after the amendments come into force.

  2. We reserve the right to discontinue the Website or change, withdraw or terminate any part of the Website at any time, without notice and at our discretion. We will not be liable if, for any reason, all or any part of the Website is restricted or unavailable at any time or for any period.

Section 2: Privacy

You understand that your personal information will be collected, used, disclosed, or otherwise processed in accordance with our privacy policy, found at https://rayzecapital.com/privacy (the “Privacy Policy”).

Section 3: Third-Party Content and Websites

The Website may include content provided by third parties, including from other users and third-party licensors (“Third Party Content Providers”). All statements and opinions expressed in any such third-party content are solely the opinions and the responsibility of the Third Party Content Providers. To the extent permitted by applicable law, neither we nor the Third Party Content Providers have any responsibility or liability to you or any third party for the content or accuracy of any third-party materials.

The Website may provide links or pointers to third party websites. We make no representations about any other websites that may be accessed from the Website. If you choose to access any such third party websites, you do so at your own risk. We have no control over the contents of any such third party websites and to the extent permitted by applicable law, we do not have any responsibility or liability to you or any third party for such third party websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party websites.

Section 4: Your Use of the Website and Account Set-Up

Your use of the Website is at your own risk. You are responsible for implementing safeguards to protect the security and integrity of your computer system and mobile device, and you are responsible for the entire cost of any service, repairs or connections to your computer system or mobile device that may be necessary as a result of your use of the Website. You are required to ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

All or part of the Website may require user registration and the creation of an account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

You understand and agree that should you be provided with an account, your account is personal to you and you agree not to provide any other person with access to the Website using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access. We reserve the right at any time, to disable or terminate your account, any username, password or other identifier, whether chosen by you or provided by us, at our discretion, including for any violation of any provision of these Terms of Use.

The Website must not be framed or mirrored on any other site. You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission at any time, without notice and at our discretion.

Section 5: User Submissions: Grant of Licence

The Website may contain functionality such as applications, chat rooms, e-mail, message boards, personal or interest group webpages, profiles, forums, bulletin boards or other such functions that allow you to submit, contribute, post, publish, display or transmit (collectively, “submit”) content, material or other information on or through the Website to other users of the Website or other persons (collectively, “User Submissions”).

We will be under no obligation to keep any User Submissions you submit to the Website confidential. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their respective licensees, successors, and assigns a nonexclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable and fully paid-up right to use, reproduce, modify, perform, display, publish, distribute and otherwise disclose to third parties any User Submissions for any purpose and to incorporate such User Submissions into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submissions.

By submitting User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant this license. You understand and agree that you are fully responsible and legally liable, including to any third party, for any User Submissions you submit and their accuracy.

Section 6: Prohibited Uses and User Submission Standards

You agree that when using the Website or submitting User Submissions you will not, directly or indirectly:

  1. (i) attempt to breach, violate or circumvent or breach, violate or circumvent any security or authentication measures; (ii) restrict, disrupt or disable services to users, hosts, servers or networks; (iii) illicitly reproduce TCP/IP packet headers; (iv) disrupt network services and otherwise disrupt our ability to monitor the Website; (v) use any robot, spider, scraper or other automated or manual process or means to access the Website for any purpose, including monitoring or copying of any material on the Website or for developing and training models; (vi) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (vii) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; (viii) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; (ix) take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on the Website; or (x) otherwise attempt to interfere with the proper working of the Website;

  2. in any manner violate any applicable federal, provincial, local or international law or regulation, including but not limited to any laws relating to export of data or software, patents, trademarks, trade secrets, copyrights or other intellectual property rights, rights given by statute (including privacy and publicity rights of others), or transmit material which could give rise to civil or criminal liability under applicable laws or regulations or which would otherwise be in conflict with these Terms of Use or the Privacy Policy;

  3. transmit any material that is false, inaccurate, misleading, abusive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or any other ground which is unlawful or otherwise objectionable, as we may determine in our sole discretion;

  4. harvest or otherwise collect or store any information (including personal information) about other users of the Website, including email addresses, without their express consent;

  5. transmit, or procure the sending of, any advertisements or promotions or solicitations or spam, or encourage any other commercial activity, including any “junk mail,” “chain letters,” unsolicited contests, lotteries or other promotions of sales, barter or advertising, or any other form of similar solicitation; or

  6. create adaptations, translations or derivative works based on the Website or decompile, disassemble, reverse engineer or otherwise exploit any part of the Website.

Section 7: User Submissions: Monitoring and Enforcement

We reserve the right at any time, without notice and at our discretion to:

  1. remove or refuse to post on the Website any User Submissions for any or no reason; and

  2. take such actions with respect to any User Submission deemed necessary or appropriate.

We have no obligation whatsoever to monitor any content on the Website or its use, and we do not undertake and do not represent that we will monitor or examine any User Submissions submitted by you or other users on or through the Website. We cannot and do not warrant the prompt removal of objectionable User Submissions and we are not responsible for the failure of any action or inaction by a user or third party with respect to any User Submission, provided the applicable laws allow. If you are a consumer residing in Québec, the foregoing does not relieve us of the consequences of our own acts or those of our representatives. By these Terms of Use, you indemnify and release us from liability regarding any claim arising from any action taken by us in the course of conducting an investigation or in cooperation with law enforcement.

Section 8: Enforcement, Suspension and Termination

We reserve the right at any time, without notice and at our discretion to:

  1. take such legal action as we deem necessary or appropriate, including reporting any suspected unlawful activity or unauthorized use of the Website to law enforcement authorities. Without limiting the foregoing, we have the right to cooperate fully with law enforcement agencies or courts which request or order us to disclose the identity or other information of any person posting material on or through the Website;

  2. suspend or terminate your access to all or any part of the Website, or disable or delete any account, username, password or other identifier, whether chosen by you or provided by us, at our discretion. If you are a consumer residing in Québec, if we exercise the rights herein, you will receive notice that explains the reasons for our conduct.

Section 9: Ownership; Reservation of Rights

The Website and all its features and functionality, including all information, software, code, text, displays, graphics, photographs and video and audio files, and their design, selection, and arrangement, are owned by us, our licensors or other providers of such material, and are protected in all forms by intellectual property laws, including copyright, trademark, patent, trade secret and other proprietary rights.

The name Rayze and all related names, logos, product and service names, designs, images and slogans are marks owned by us, our group companies or our licensors. You may not use them without having first obtained our written consent. Other names, logos, product and service names, designs, images and slogans mentioned on or appearing on the Website are the property of their respective owners. Use of these assets without express consent constitutes an infringement or violation of the rights of the owner and may violate federal and other laws and may subject the infringer to legal action.

Nothing in these Terms of Use grants to you any right in the Website other than the right you need to access the Website. You agree not to adjust or attempt to circumvent or remove any copyright, trademark or other intellectual property notice appearing on the Website and specifically in any right management or other security technology embedded in or contained in any Website content accessible on the Website. You agree not to remove watermarks, labels or other legal notices or property notices included in the Website.

Section 10: No Reliance

The Website is provided for general information purposes only. It is not advice on which you should rely. You use the Website at your own risk and, to the extent applicable law permits, we assume no responsibility for so doing. If you are a consumer residing in Québec, the foregoing does not relieve us of the consequences of our own acts or those of our representatives.

Section 11: Disclaimer

YOUR USE OF THE WEBSITE AND ANY SERVICES OR ITEMS FOUND THROUGH THE WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED, INCIDENTAL OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY SERVICE OR ITEM FOUND THROUGH THE WEBSITE WILL BE COMPLETE, SAFE, SUITABLE, ACCURATE, RELIABLE, AVAILABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT WARRANT AND DO NOT WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND FOR THE SECURITY OF YOUR COMPUTER, YOUR INTERNET CONNECTION AND YOUR DATA. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR LOSSES OR DAMAGES CAUSED BY A DENIAL OF SERVICE ATTACK, A DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOAD, FLOOD, MAILBOMBING OR CRASH, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON A WEBSITE LINKED TO THE WEBSITE. IF YOU ARE A CONSUMER RESIDING IN QUÉBEC, THE FOREGOING DOES NOT RELIEVE US OF THE CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES.

Section 12: Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (B) LOST REVENUE, LOST PROFITS, LOST BUSINESS OR ANTICIPATED SAVINGS, LOST USE, LOST GOODWILL OR LOST DATA, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, ANY THIRD PARTY WEBSITE LINKED TO THE WEBSITE, OR ANY WEBSITE CONTENT, MATERIAL, PUBLICATION OR INFORMATION ON IT, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THAT SUCH DAMAGES MAY OCCUR. IF YOU ARE A CONSUMER RESIDING IN QUÉBEC, THE FOREGOING DOES NOT RELIEVE US OF THE CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES.

Section 13: Indemnification

You agree to defend, indemnify and hold harmless us and our group companies and our and their respective directors, officers, employees, agents, licensors, licensees, suppliers or successors, against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising from your breach of these Terms of Use or from your use of the Website, including your User Submissions, third party websites and third party content other than those expressly authorized in these Terms of Use.

Section 14: Geographic Restrictions

We are established in the Province of Alberta, Canada. The Website is not intended for use in any country, province or territory where its use is not authorized. If you access the Website from outside of Canada, you do so at your own risk. It is your responsibility to comply with the laws, including local laws of your country, province or territory.

Section 15: Termination; Survival

  1. These Terms of Use will commence on the date you first access or use the Website and will apply whenever you access or use the Website or for so long as you have an account enabling your use of the Website.

  2. The following sections, as well as any other provision of these Terms of Use which by express language or by its nature should survive termination or expiration of these Terms of Use or which is to be performed or observed after such termination or expiration, shall survive termination or expiration of these Terms of Use: Section 2 (Privacy), Section 4 (Your Use of the Website and Account Set-Up), Section 6 (Prohibited Uses and User Submission Standards), Section 9 (Ownership; Reservation of Rights), Section 11 (Disclaimer), Section 12 (Limitation of Liability), Section 13 (Indemnification), this Section 15(b) (Termination; Survival) and Section 16 (General Provisions).

Section 16: General Provisions

  1. Governing Law. Except where prohibited by applicable law or if you are a consumer residing in Québec, these Terms of Use will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable in that province or territory, without regard to its conflict of law principles, and will be interpreted according to such laws. If you are a consumer residing in Québec, these Terms of Use will be governed by the laws of Québec and the federal laws of Canada applicable in that province, without regard to its conflict of law principles. Except where prohibited by applicable law or if you are a consumer residing in Québec, any and all action or proceeding to be brought in connection with the Website pursuant to these Terms of Use will be brought in Calgary, Alberta, and each party hereby irrevocably submits to the exclusive jurisdiction of the courts sitting in such city. Notwithstanding the foregoing, such choice of jurisdiction does not prevent us from seeking remedies for a violation of our intellectual property rights in any otherwise appropriate jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

  2. Entire Agreement and Interpretation. These Terms of Use constitute the entire agreement between you and us with respect to the subject matter of these Terms of Use. They supersede all prior and contemporaneous agreements, representations or other communications between you and us with respect to the Website. The terms "include" and "including" mean respectively "include without limitation" and "including without limitation." In these Terms of Use, article headings are inserted for convenience only and have no substantive effect. When used with respect to us in these Terms of Use, the terms "consent" or "discretion" mean that we have the right to refuse such consent or to exercise such discretion, as the case may be, arbitrarily and without any obligation to act reasonably or to explain our decision to you.

  3. Waiver. No waiver of any provision of these Terms of Use is effective unless in writing, and a waiver in any one instance will not prevent the application of the provision to other occasions.

  4. Severability. Any provision of these Terms of Use which is found by a court of competent jurisdiction to be invalid, illegal or unenforceable shall be severed from these Terms of Use and all other provisions of these Terms of Use will continue in full force and effect.

  5. English Language. The French version of these Terms of Use is available at terms-fr.html. La version française de la présente convention est disponible à terms-fr.html.

  6. Contact. hello@rayzecapital.com