TERMS OF USE

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY CONSTITUTE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND MOR MOR RITA LLC, D/B/A RYAN ROCHE AND ITS AFFILIATES (“RYAN ROCHE” “WE” “US” “OUR”) AND APPLIES TO YOUR ACCESS AND USE OF THE SERVICES (AS HEREAFTER DEFINED) THROUGH (A) THE WEBSITE LOCATED AT WWW.RYAN-ROCHE.COM (THE “WEBSITE”) AND (B) OUR MOBILE, WEB, BLOGS, TABLET, DESKTOP AND OTHER SOCIAL MEDIA PAGES OR PROFILES, INCLUDING PROFILES MADE AVAILABLE THROUGH INSTAGRAM AND TWITTER (THE “RYAN ROCHE SOCIALS”), AND (C) ANY OTHER CONTENT, APPLICATIONS, FEATURES, FUNCTIONALITY, INFORMATION AND SERVICES OFFERED BY US, WHETHER THROUGH THE RYAN ROCHE SOCIALS, THE WEBSITE OR OTHERWISE (EACH OF THE ABOVE INDIVIDUALLY AND COLLECTIVELY REFERRED TO HEREIN AS THE “SERVICES”). THESE TERMS APPLY WHETHER YOU ARE ACCESSING THE SERVICES VIA A WIRELESS OR MOBILE DEVICE, A TABLET A PERSONAL COMPUTER OR ANY OTHER TECHNOLOGY OR DEVICE (EACH, A “DEVICE”). BY USING THE SERVICES YOU EXPRESSLY AGREE TO COMPLY WITH THESE TERMS AND ANY ADDITIONAL TERMS AND CONDITIONS (“THAT WE PROVIDE TO YOU, INCLUDING IN CONNECTION WITH YOUR USE OF OTHER PRODUCTS AND SERVICES WE MAY OFFER OR MAKE AVAILABLE TO YOU.  IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEBSITE. 

    THE SERVICES MAY ALSO PROVIDE RULES OF PARTICIPATION OR ADDITIONAL TERMS FOR CERTAIN ACTIVITIES AND SERVICES, INCLUDING CONTESTS, SWEEPSTAKES AND OTHER INITIATIVES (“ADDITIONAL TERMS”).  OUR PRIVACY POLICY AND THE ADDITIONAL TERMS ARE HEREBY INCORPORATED INTO THESE TERMS BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN. TO THE EXTENT THAT THERE IS A CONFLICT BETWEEN THESE TERMS AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL GOVERN.

    EXCEPT AS OTHERWISE PROVIDED, THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S). 

    PRIVACY POLICY

    TO VIEW RYAN ROCHE’S PRIVACY POLICY (THE “PRIVACY POLICY”), CLICK HERE.  WE WILL NOT USE PERSONAL INFORMATION (AS DEFINED IN THE PRIVACY POLICY) OR COOKIES IN A WAY THAT IS INCONSISTENT WITH THE PURPOSES AND LIMITATIONS PROVIDED IN THE PRIVACY POLICY.  BY ACCEPTING THESE TERMS, YOU HEREBY CONSENT TO (A) RYAN ROCHE’S COLLECTION AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY AND THESE TERMS; AND (B) RYAN ROCHE’S PLACEMENT AND USE OF COOKIES AS DESCRIBED IN THE PRIVACY POLICY. THE PRIVACY POLICY MAY BE UPDATED FROM TIME TO TIME AT RYAN ROCHE’S DISCRETION AND CHANGES WILL BE EFFECTIVE UPON POSTING TO THE WEBSITE.

    ADDITIONALLY, BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT INTERNET TRANSMISSIONS ARE NEVER COMPLETELY PRIVATE OR SECURE. YOU UNDERSTAND THAT ANY MESSAGE OR INFORMATION YOU SEND TO THE WEBSITE MAY BE READ OR INTERCEPTED BY OTHERS, EVEN IF THERE IS A SPECIAL NOTICE THAT A PARTICULAR TRANSMISSION (FOR EXAMPLE, CREDIT CARD INFORMATION) IS ENCRYPTED.  [NONETHELESS, WE EMPLOY SECURE SOCKET LAYER (SSL) ENCRYPTION TECHNOLOGY AND OTHER REASONABLE MEASURES TO PROTECTION YOUR INFORMATION FROM UNAUTHORIZED USE OR DISCLOSURE.

    OWNERSHIP OF WEBSITE, CONTENT AND TRADEMARKS

    OUR WEBSITE IS OWNED AND CONTROLLED BY RYAN ROCHE, AND UNLESS OTHERWISE AGREED IN WRITING, ALL MATERIALS ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, INFORMATION, CONTENT, IMAGES, ILLUSTRATIONS, DESIGNS, ICONS, PHOTOGRAPHS, VIDEO CLIPS, SOUNDS, MUSIC, ARTWORK, COMPUTER CODE AND OTHER MATERIALS, AND THE COPYRIGHTS, TRADEMARKS, TRADE DRESS AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS (COLLECTIVELY, THE “CONTENT” AND THE CONTENT IN THE WEBSITE “WEBSITE CONTENT”), ARE OWNED, CONTROLLED AND/OR LICENSED BY RYAN ROCHE

    CERTAIN TRADEMARKS, TRADE NAMES, SERVICE MARKS AND LOGOS USED OR DISPLAYED ON THIS WEBSITE ARE REGISTERED AND UNREGISTERED TRADEMARKS, TRADE NAMES AND SERVICE MARKS OF RYAN ROCHE AND ITS AFFILIATES. OTHER TRADEMARKS, TRADE NAMES AND SERVICE MARKS USED OR DISPLAYED ON THIS WEBSITE ARE THE REGISTERED AND UNREGISTERED TRADEMARKS, TRADE NAMES AND SERVICE MARKS OF THIRD PARTIES. NOTHING CONTAINED ON ANY WEBSITE GRANTS OR SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO YOU TO USE ANY SUCH TRADEMARKS, TRADE NAMES, SERVICE MARKS OR LOGOS DISPLAYED ON SUCH WEBSITE.

    YOUR USE OF OUR WEBSITE

    YOU MAY USE OUR WEBSITE ONLY AS PERMITTED BY THE TERMS AND ONLY IN A MANNER CONSISTENT WITH ALL APPLICABLE FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND GENERALLY ACCEPTED PRACTICES OR GUIDELINES IN RELEVANT JURISDICTIONS, INCLUDING ANY LAWS GOVERNING THE EXPORT OF DATA TO OR FROM THE UNITED STATES.

    YOU AGREE NOT TO USE ANY “DEEP-LINK”, “ROBOT”, OR OTHER AUTOMATIC OR MANUAL DEVICE, SOFTWARE, PROGRAM, CODE, ALGORITHM OR METHODOLOGY, TO ACCESS, COPY OR MONITOR ANY PORTION OF THE WEBSITE OR WEBSITE CONTENT, OR IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE WEBSITE OR WEBSITE CONTENT, OR OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE BY US THROUGH THE WEBSITE.  WE RESERVE THE RIGHT TO TAKE MEASURES TO PREVENT ANY SUCH ACTIVITY.

    YOU AGREE NOT TO GAIN OR ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE WEBSITE, OR ANY OTHER SYSTEM OR NETWORK CONNECTED TO THE WEBSITE OR TO ANY OF OUR BUSINESS PARTNERS’ SERVERS, SYSTEMS OR NETWORKS, BY HACKING, “PASSWORD-MINING” OR USING ANY OTHER ILLEGITIMATE METHOD OF ACCESSING DATA.

    YOU AGREE NOT TO PROBE, SCAN OR TEST THE VULNERABILITY OF THE WEBSITE OR ANY NETWORK CONNECTED TO THE WEBSITE, NOR BREACH THE SECURITY OR AUTHENTICATION MEASURES ON THE WEBSITE OR ANY NETWORK CONNECTED TO THE WEBSITE. YOU AGREE TO NOT REVERSE LOOK-UP, TRACE OR SEEK TO TRACE ANY INFORMATION ON ANY OTHER VISITOR TO ANY WEBSITE, OR ANY OTHER CUSTOMER OF RYAN ROCHE, INCLUDING ANY SHOPPING ACCOUNT THAT IS NOT HELD BY YOU, IN ANY WAY WHERE THE PURPOSE IS TO DISCOVER MATERIALS OR INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION OR OTHER INFORMATION THAT REASONABLY COULD BE USED TO CONNECT NON-PERSONAL INFORMATION TO PERSONAL INFORMATION.

    YOU AGREE NOT TO TAKE ANY ACTION THAT WOULD CAUSE AN UNREASONABLY OR DISPROPORTIONATELY LARGE LOAD ON THE INFRASTRUCTURE OF THE WEBSITE OR OUR SYSTEMS OR NETWORKS, OR ANY SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE OR TO US IN AN ATTEMPT TO OVERWHELM OUR SYSTEMS TO CREATE A “DENIAL OF SERVICE” OR SIMILAR ATTACK.

    YOU AGREE NOT TO USE ANY DEVICE, TECHNOLOGY OR METHOD TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER FUNCTIONING OR FEATURES OF THE WEBSITE OR ANY TRANSACTION OCCURRING ON THE WEBSITE, OR WITH ANY OTHER PERSON’S USE OF THE WEBSITE.

    YOU AGREE NOT TO FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY MESSAGE OR TRANSMITTAL YOU SEND TO US ON OR THROUGH THE WEBSITE OR ANY SERVICE OFFERED ON OR THROUGH THE WEBSITE. YOU AGREE NOT TO IMPERSONATE OR PRETEND THAT YOU ARE ANY OTHER PERSON OR FALSELY CLAIM YOU REPRESENT ANOTHER PERSON.

    YOU MAY USE THE WEBSITE SOLELY FOR THE PURPOSES OF VIEWING OR SHOPPING FOR RYAN ROCHE PRODUCTS, USING THE SERVICES, AND TO USE ANY OTHER FEATURES AND SERVICES PURPOSELY PROVIDED BY US ON THE WEBSITE.

    USER COMMUNICATIONS AND USER CONTENT

    WHILE WE APPRECIATE YOUR SUGGESTIONS AND COMMENTS ON HOW TO IMPROVE OUR WEBSITE, PRODUCTS AND SERVICES, IT IS RYAN ROCHE’S POLICY TO NOT ACCEPT ANY CREATIVE IDEAS, SUGGESTIONS, PROPOSALS, PLANS OR MATERIALS OTHER THAN THOSE SPECIFICALLY REQUESTED BY US (E.G., THROUGH A CONTEST OR PROMOTIONAL EVENT).  OUR INTENT IS TO AVOID ANY MISUNDERSTANDING IN THE EVENT THAT A CREATIVE ENDEAVOR WE COMMENCE BEARS SOME RESEMBLANCE TO A CREATIVE SUGGESTION MADE BY A CUSTOMER OR VISITOR TO OUR WEBSITE.  THUS, APART FROM PERSONAL INFORMATION COLLECTED ON OR FROM OUR WEBSITE, WHICH IS SUBJECT TO RYAN ROCHE’S PRIVACY POLICY (SEE SECTION 2 ABOVE), ANY MATERIAL, INFORMATION, SUGGESTIONS, IDEAS, CONCEPTS, KNOW-HOW, TECHNIQUES, QUESTIONS, COMMENTS OR OTHER COMMUNICATION YOU TRANSMIT OR POST TO THE WEBSITE (A “USER COMMUNICATION”) IS AND WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY.

    YOU AGREE THAT WE MAY USE ANY USER COMMUNICATION FOR ANY PURPOSE IN OUR SOLE DISCRETION, INCLUDING REPRODUCTION, TRANSMISSION, DISCLOSURE, PUBLICATION, BROADCAST, DEVELOPMENT, MANUFACTURING AND/OR MARKETING IN ANY MANNER WHATSOEVER FOR ANY OR ALL COMMERCIAL OR NON-COMMERCIAL PURPOSES. YOU AGREE THAT RYAN ROCHE SHALL BE UNDER NO OBLIGATION (A) TO MAINTAIN ANY USER COMMUNICATION IN CONFIDENCE; (B) TO PAY COMPENSATION FOR ANY USER COMMUNICATION; OR (C) TO MONITOR, USE, RETURN, REVIEW OR RESPOND TO ANY USER COMMUNICATION. WE WILL HAVE NO LIABILITY RELATED TO THE CONTENT OF ANY USER COMMUNICATION, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE. WE RETAIN THE RIGHT TO REMOVE ANY USER COMMUNICATION THAT INCLUDES ANY MATERIAL WE DEEM INAPPROPRIATE OR UNACCEPTABLE.

    YOU REPRESENT AND WARRANT THAT ANY OF THE CONTENT YOU SUBMIT (“USER CONTENT”) IN ANY USER COMMUNICATION IS ORIGINAL TO YOU, THAT YOU OWN ALL APPLICABLE LEGAL RIGHTS IN THE USER CONTENT, AND THAT THE USER CONTENT DOES NOT AND WILL NOT INFRINGE UPON THE RIGHTS OF ANY OTHER PERSON OR ENTITY.  YOU WARRANT, CERTIFY AND REPRESENT THAT ANY INDIVIDUALS DEPICTED IN AUDIO OR VISUAL FILES SUBMITTED AS PART OF A USER COMMUNICATION, OTHER THAN YOURSELF, ARE OF THE AGE OF MAJORITY IN THEIR RESPECTIVE STATES OF RESIDENCE, SUBJECT TO THE NEXT PARAGRAPH; AND YOU GRANT THE RIGHT TO RYAN ROCHE, THE RIGHT TO COPY, EDIT, CHANGE, REVISE, DISPLAY, PERFORM, PUBLISH, DISTRIBUTE THE LIKENESSES OF THOSE INDIVIDUALS AND THAT YOU HAVE THE AUTHORITY TO ATTEST TO THIS RELEASE ON THEIR BEHALVES. IF ANY OF THE INDIVIDUALS DEPICTED IN ANY USER COMMUNICATION ARE MINORS IN THEIR RESPECTIVE STATES OF RESIDENCE, YOU CERTIFY, WARRANT AND REPRESENT THAT YOU ARE THE PARENT OR LEGAL CUSTODIAN OF EACH SUCH INDIVIDUAL AND YOU GRANT THE USE OF THE MEDIA CONTAINING HIS/HER DEPICTION IN ACCORDANCE WITH THE TERMS.

    IN ADDITION TO THE USER CONTENT RULES SET FORTH IN SECTION 6 BELOW, YOU ARE PROHIBITED FROM POSTING OR TRANSMITTING ANY UNLAWFUL, THREATENING, DEFAMATORY, LIBELOUS, OBSCENE, PORNOGRAPHIC OR PROFANE MATERIAL OR ANY MATERIAL THAT COULD CONSTITUTE OR ENCOURAGE CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE OR GIVE RISE TO CIVIL LIABILITY, OR OTHERWISE VIOLATE ANY LAW.

    USER CONTENT RULES

    IF YOU BECOME AWARE OF ANY VIOLATION OF THE USER CONTENT RULES OR OTHER UNACCEPTABLE BEHAVIOR BY ANY USER, YOU SHOULD REPORT SUCH ACTIVITY TO RYAN ROCHE BY EMAILING:  CUSTOMERSERVICE@RYAN-ROCHE.COM. 

    IF YOU POST INFORMATION ON OUR WEBSITE, YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT THAT YOU POST ON THE WEBSITE OR TRANSMIT TO OTHER USERS AND AGREE THAT YOU WILL NOT HOLD RYAN ROCHE RESPONSIBLE OR LIABLE FOR ANY USER COMMUNICATION FROM ANOTHER USER THAT YOU ACCESS ON THE WEBSITE.  MOREOVER, RYAN ROCHE RESERVES THE RIGHT TO DELETE ANY USER CONTENT FROM THE WEBSITE.

    CATEGORIES OF PROHIBITED USER CONTENT ARE SET FORTH BELOW AND REFLECT EXAMPLES BUT ARE NOT INTENDED TO BE EXHAUSTIVE OF WHAT CONSTITUTES PROHIBITED USER CONTENT. WITHOUT LIMITATION, YOU AGREE THAT YOU WILL NOT POST OR TRANSMIT TO OTHER USERS ANYTHING THAT YOU KNOW OR REASONABLY BELIEVE:

    • IS DEFAMATORY, ABUSIVE, OBSCENE, PROFANE OR OFFENSIVE; OR
    • INFRINGES OR VIOLATES ANOTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS (SUCH AS MUSIC, VIDEOS, PHOTOS OR OTHER MATERIALS FOR WHICH YOU DO NOT HAVE WRITTEN AUTHORITY FROM THE OWNER OF SUCH MATERIALS TO POST ON THE WEBSITE), INCLUDING ANY PARTY’S RIGHT OF PUBLICITY OR RIGHT OF PRIVACY; OR
    • VIOLATES ANY LAW, STATUTE, ORDINANCE OR REGULATION (INCLUDING, BUT NOT LIMITED TO, THOSE GOVERNING EXPORT CONTROL, CONSUMER PROTECTION, UNFAIR COMPETITION, ANTI-DISCRIMINATION OR FALSE ADVERTISING); OR
    • IS THREATENING, HARASSING OR THAT PROMOTES RACISM, BIGOTRY OR HATRED OF ANY KIND AGAINST ANY GROUP OR INDIVIDUAL; OR
    • PROMOTES OR ENCOURAGES VIOLENCE AGAINST A PERSON OR DAMAGE OR DESTRUCTION OF PROPERTY; OR
    • IS INACCURATE, FALSE OR MISLEADING IN ANY WAY; OR
    • IS ILLEGAL OR PROMOTES ANY ILLEGAL ACTIVITIES; OR
    • PROMOTES ILLEGAL OR UNAUTHORIZED COPYING OF ANOTHER PERSON’S COPYRIGHTED WORK OR LINKS TO THEM OR PROVIDING INFORMATION TO CIRCUMVENT SECURITY MEASURES; OR
    • CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT; OR
    • CONTAINS ANY ADVERTISING, PROMOTIONAL MATERIALS, “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” “PYRAMID SCHEMES,” OR ANY OTHER FORM OF SOLICITATION.

    YOU UNDERSTAND THAT WHEN USING THE WEBSITE, YOU MAY BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES AND THAT WE ARE NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER COMMUNICATIONS.

    COPYRIGHT AND TRADEMARK RULES (DMCA)

    WE ARE COMMITTED TO COMPLYING WITH COPYRIGHT AND RELATED LAWS, INCLUDING THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA), AND WE REQUIRE ALL USERS OF THE WEBSITE TO COMPLY WITH THESE LAWS.  ACCORDINGLY, YOU MAY NOT STORE ANY MATERIAL OR CONTENT ON, OR DISSEMINATE ANY MATERIAL OR CONTENT OVER, THE WEBSITE IN ANY MANNER THAT CONSTITUTES AN INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO, RIGHTS GRANTED BY COPYRIGHT LAW.  YOU MAY NOT POST, MODIFY, DISTRIBUTE, OR REPRODUCE IN ANY WAY ANY COPYRIGHTED MATERIAL, TRADEMARKS, OR OTHER PROPRIETARY INFORMATION BELONGING TO OTHERS WITHOUT OBTAINING THE PRIOR WRITTEN CONSENT OF THE OWNER OF SUCH PROPRIETARY RIGHTS. IT IS OUR POLICY TO TERMINATE USE PRIVILEGES OF ANY USER WHO INFRINGES THE COPYRIGHT RIGHTS OF OTHERS UPON RECEIPT OF PROPER NOTIFICATION TO US BY THE COPYRIGHT OWNER OR THE COPYRIGHT OWNER’S LEGAL AGENT.

    INFRINGEMENT NOTIFICATION

    IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED AND POSTED ON THE WEBSITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE PROVIDE OUR DESIGNATED AGENT WITH 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;
    • A DESCRIPTION OF THE COPYRIGHTED WORK OR OTHER INTELLECTUAL PROPERTY THAT YOU CLAIM HAS BEEN INFRINGED;
    • IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING AND A DESCRIPTION OF WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED ON THE WEBSITE;
    • YOUR ADDRESS, TELEPHONE NUMBER, AND, IF POSSIBLE, EMAIL ADDRESS;
    • A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER, ITS AGENT, OR THE LAW; AND
    • A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE INFORMATION CONTAINED IN YOUR REPORT IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER’S BEHALF.

    THE FOREGOING INFORMATION (“DMCA NOTICE”) SHOULD BE SENT TO OUR “DESIGNATED AGENT” AS FOLLOWS:

    RYAN ROCHE
    ATTN: GARRETT ROCHE
    EMAIL:  GARRETT@RYAN-ROCHE.COM

    COUNTER-NOTICE

    IF YOUR WORK HAS BEEN REMOVED DUE TO A DMCA NOTICE PURSUANT TO THE FOREGOING PROCEDURE, AND YOU BELIEVE THAT YOUR CONTENT IS NOT INFRINGING, THEN YOU MAY SEND A COUNTER-NOTICE (“DMCA COUNTER-NOTICE”) TO OUR DESIGNATED AGENT (CONTACT INFORMATION ABOVE) CONTAINING THE FOLLOWING INFORMATION:

    • YOUR PHYSICAL OR ELECTRONIC SIGNATURE;
    • IDENTIFICATION OF THE CONTENT THAT HAS BEEN REMOVED OR TO WHICH ACCESS HAS BEEN DISABLED AND THE LOCATION AT WHICH THE CONTENT APPEARED BEFORE IT WAS REMOVED OR DISABLED;
    • A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT THE CONTENT WAS REMOVED OR DISABLED AS A RESULT OF MISTAKE OR A MISIDENTIFICATION OF THE CONTENT; AND
    • YOUR NAME, ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS, A STATEMENT THAT YOU CONSENT TO THE JURISDICTION OF THE FEDERAL COURT IN SAN FRANCISCO, CALIFORNIA, AND A STATEMENT THAT YOU WILL ACCEPT SERVICE OF PROCESS FROM THE PERSON WHO PROVIDED NOTIFICATION OF THE ALLEGED INFRINGEMENT.

    IF A DMCA COUNTER-NOTICE IS RECEIVED BY OUR DESIGNATED AGENT, RYAN ROCHE MAY SEND A COPY OF THE DMCA COUNTER-NOTICE TO THE ORIGINAL COMPLAINING PARTY INFORMING THAT PERSON THAT WE MAY REPLACE THE REMOVED CONTENT OR CEASE DISABLING IT IN TEN (10) TO FOURTEEN (14) BUSINESS DAYS. UNLESS THE ALLEGED COPYRIGHT OWNER FILES AN ACTION SEEKING A COURT ORDER AGAINST THE CONTENT PROVIDER, MEMBER OR USER, THE REMOVED CONTENT MAY BE REPLACED, OR ACCESS TO IT RESTORED, IN TEN (10) TO FOURTEEN (14) BUSINESS DAYS OR MORE AFTER RECEIPT OF THE DMCA COUNTER-NOTICE, AT RYAN ROCHE’S SOLE DISCRETION.

    ACCOUNTS, PASSWORDS AND SECURITY

    CERTAIN FEATURES OR SERVICES OFFERED ON OR THROUGH THE WEBSITE MAY REQUIRE YOU TO OPEN AN ACCOUNT (INCLUDING SETTING UP AN ACCOUNT ID AND PASSWORD) AND TO SHARE PERSONAL INFORMATION.  APART FROM THE REPRESENTATIONS MADE IN OUR PRIVACY POLICY (SEE SECTION 2, ABOVE) REGARDING OUR PROTECTION OF YOUR INFORMATION, YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION, INCLUDING YOUR ACCOUNT ID AND PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS ON OR UNDER YOUR ACCOUNT.

    YOU AGREE TO NOTIFY RYAN ROCHE IMMEDIATELY OF ANY ACTUAL OR POTENTIAL UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, OR ANY OTHER ACTUAL OR POTENTIAL BREACH OF SECURITY.  HOWEVER, YOU MAY BE HELD LIABLE FOR LOSSES INCURRED BY RYAN ROCHE OR ANY OTHER USER OF OR VISITOR TO ANY OF OUR WEBSITE DUE TO SOMEONE ELSE USING YOUR ACCOUNT ID, PASSWORD OR ACCOUNT.

    YOU MAY NOT USE ANYONE ELSE’S ACCOUNT ID, PASSWORD OR ACCOUNT AT ANY TIME WITHOUT THE EXPRESS PERMISSION AND CONSENT OF THE HOLDER OF THAT ACCOUNT ID, PASSWORD OR ACCOUNT.  RYAN ROCHE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.

    PRODUCTS AND SALES

    PRODUCT DESCRIPTIONS

    IN DESCRIBING AND PORTRAYING OUR PRODUCTS ON OUR WEBSITE, WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. HOWEVER, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER WEBSITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.  WE RESERVE THE RIGHT TO CORRECT ANY TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING AND AVAILABILITY FROM TIME TO TIME WITHOUT PRIOR NOTICE. IF A PRODUCT OFFERED ON THE WEBSITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US.  PLEASE SEE OUR RETURN POLICY FOR DETAILS AT WWW.RYAN-ROCHE.COM [OR CONTACT US AT CUSTOMERSERVICE@RYAN-ROCHE.COM.

    COLORS

    WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS OF OUR PRODUCTS THAT APPEAR AT THE WEBSITE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR’S DISPLAY OF ANY COLOR WILL BE ACCURATE, COMPLETE, RELIABLE OR ERROR-FREE.

    DEFECTIVE PRODUCTS

    IF YOU RECEIVE DEFECTIVE PRODUCTS, PLEASE NOTIFY US IMMEDIATELY AND WITHIN A REASONABLE TIME AFTER YOU HAVE DETECTED THAT THE PRODUCTS ARE DEFECTIVE.

    IF RYAN ROCHE  REASONABLY DETERMINES THAT THE PRODUCTS ARE IN FACT DEFECTIVE, RYAN ROCHE RESERVE THE RIGHT TO SEND YOU A NON-DEFECTIVE IDENTICAL REPLACEMENT ITEM WILL MAKE A FULL REFUND TO YOU, INCLUDING SHIPPING COSTS.

    PRICES

    THE PRICES AND DELIVERY COSTS SHOWN ON THE WEBSITE INCLUDE SALES TAX.   THE PRICES MAY VARY BETWEEN THE PHYSICAL STORE AND THE WEBSITE. PLEASE ALSO NOTE THE RYAN ROCHE MAY CANCEL THE ORDER EVEN IF IT HAS BEEN ACCEPTED BY RYAN ROCHE UNDER THE CONDITION THAT YOU REALIZE OR SHOULD HAVE REALIZED THAT THE PRICE INFORMATION WAS INCORRECT.  THE DELIVERY COSTS ARE SHOWN IN CONNECTION WITH THE SHIPPING METHODS AT THE CHECKOUT STAGE.

    PAYMENTS

    PAYMENT CAN BE MADE THROUGH SHOPIFY/ STRIPE AND THE FOLLOWING CREDIT CARDS: VISA, MASTERCARD AND AMERICAN EXPRESS. THE PURCHASES MADE WITH VISA AND MASTERCARD ARE VERIFIED BY A SECURE CODE. PLEASE NOTE THAT YOUR CARD IS DEBITED WITH THE PURCHASE AMOUNT ONCE RYAN ROCHE HAS SENT YOU THE ORDER CONFIRMATION EMAIL. WE DO OUR BEST TO MAKE THE WEBSITE AS SECURE AS POSSIBLE. ALL CREDIT/DEBIT CARD TRANSACTIONS ON THE WEBSITE ARE PROCESSED USING SHOPIFY, A SECURE ONLINE PAYMENT GATEWAY THAT ENCRYPTS YOUR CARD DETAILS IN A SECURE HOST ENVIRONMENT. PAYMENT WILL BE DEBITED AND CLEARED FROM YOUR ACCOUNT UPON ACCEPTANCE OF YOUR ORDER BY RYAN ROCHE. YOU CONFIRM THAT THE CREDIT/DEBIT CARD THAT IS BEING USED IS YOURS OR THAT YOU HAVE BEEN SPECIFICALLY AUTHORIZED BY THE OWNER OF THE CREDIT/DEBIT CARD TO USE IT.  ALL CREDIT/DEBIT CARD HOLDERS ARE SUBJECT TO VALIDATION CHECKS AND AUTHORIZATION BY THE CARD ISSUER.  IF THE ISSUER OF YOUR PAYMENT CARD REFUSES TO AUTHORIZE PAYMENT TO RYAN ROCHE, YOUR ORDER WILL BE CANCELLED.  WE ARE NOT RESPONSIBLE FOR ANY CHARGES OR PENALTIES WHICH MAY BE IMPOSED BY THE PAYMENT PROVIDER AS RESULT OF PAYMENT BEING PROCESSED IN RESPECT OF YOUR ORDER.

    ORDER CONFIRMATION

    AFTER SUBMITTING YOUR ORDER, WE WILL SEND YOU AN ORDER CONFIRMATION E-MAIL WITH YOUR ORDER NUMBER, DETAILS OF THE PRODUCT YOU HAVE ORDERED FROM US, YOUR PAYMENT DETAILS AND DELIVERY DETAILS. PLEASE NOTE THAT THE CONFIRMATION E-MAIL IS AN ACKNOWLEDGEMENT THAT WE HAVE RECEIVED YOUR ORDER AND IS NOT AN ACCEPTANCE OF THE ORDER.

    ACCEPTANCE AND SHIPPING CONFIRMATION

    PLEASE NOTE THAT ALL ORDERS PLACED BY YOU ARE SUBJECT TO AVAILABILITY. ONCE THE ORDER HAS BEEN PROCESSED, A SHIPPING CONFIRMATION E-MAIL WILL BE SENT TO YOU.  WE WILL SHIP YOUR ORDER TO THE ADDRESS DESIGNATED BY YOU AS LONG AS THAT SHIPPING ADDRESS IS WITHIN THE UNITED STATES AND COMPLIANT WITH THE SHIPPING RESTRICTIONS SET OUT ON THE WEBSITE.  WE MAY REQUIRE VERIFICATION OF INFORMATION PRIOR TO THE ACCEPTANCE AND/OR SHIPMENT OF ANY ORDER.  IF A PRODUCT IS UNAVAILABLE, WE WILL CONTACT YOU SHORTLY, BY PHONE OR BY E-MAIL. IF WE ALREADY HAVE RECEIVED PAYMENT FOR SUCH PRODUCT, WE WILL REFUND YOU THE AMOUNT OF THE PURCHASE.  WE RESERVE THE RIGHT, WITHOUT PRIOR NOTICE, TO LIMIT THE ORDER QUANTITY ON ANY PRODUCT OR SERVICE AND/OR TO REFUSE SERVICE TO ANY CUSTOMER.

    DELIVERY

    WE OFFER DIFFERENT SHIPPING METHODS TO MEET YOUR NEEDS AS FURTHER SPECIFIED WHEN YOU CHECK OUT. DISPATCH OF ORDERS MAY TAKE UP TO 7 BUSINESS DAYS, BUT WE AIM TO DISPATCH ALL ORDERS WITHIN 24 HOURS DURING WEEKDAYS, OR 1-2 BUSINESS DAYS DURING SALES PERIODS.  PLEASE NOTE THAT DELIVERY TIMES ARE PROVIDED AS GUIDELINES ONLY, AND COMMENCE FROM THE DATE OF DISPATCH.  THE DELIVERY TIMES DO NOT TAKE INTO ACCOUNT POSSIBLE DELAYS CAUSED BY PAYMENT AUTHORIZATION AND/OR STOCK AVAILABILITY.  IF RYAN ROCHE FAILS TO DELIVER WITHIN 30 DAYS, YOU MAY HAVE THE RIGHT TO CANCEL THE PURCHASE.  YOUR ORDER WILL BE DELIVERED BY UPS TO THE SHIPPING ADDRESS YOU HAVE INDICATED.  ALL ORDERS ARE FULLY TRACEABLE ON THE WEBSITE BY LOGGING IN TO MY ACCOUNT. CLICK “MY ORDERS” AND FILL IN THE TRACKING NUMBER FOR UPDATED INFORMATION ABOUT YOUR SHIPMENT.

    FOR SECURITY PURPOSES, RYAN ROCHE RESERVES THE RIGHT TO SHIP FIRST-TIME ORDERS TO THE CARDHOLDER'S VERIFIED BILLING ADDRESS OR WORK ADDRESS.  TO AVOID DELAYS IN RECEIVING YOUR ORDER, PLEASE MAKE SURE TO PROVIDE THE CORRECT BILLING AND SHIPPING INFORMATION ASSOCIATED WITH YOUR CREDIT/DEBIT CARD WHEN PLACING AN ORDER.

    RISK OF LOSS

    ALL ITEMS PURCHASED ON THE WEBSITE ARE MADE PURSUANT TO A SHIPPING CONTRACT. THE RISK OF LOSS FOR ALL ITEMS PURCHASED PASSES TO YOU UPON DELIVERY OF THE ITEMS TO THE CARRIER. YOU ARE RESPONSIBLE FOR FILING ANY CLAIMS WITH CARRIERS FOR DAMAGED AND/OR LOST SHIPMENTS.

    RETURNS AND EXCHANGES

    YOU ARE ENTITLED TO RETURN YOUR PURCHASE FOR A REFUND OR EXCHANGE YOUR PRODUCT/S BY SUBMITTING OR SENDING NOTICE THEREOF TO RYAN ROCHE AND POSTMARKING/DISPATCHING THE PRODUCT(S) WITHIN 14 DAYS OF THE DATE ON WHICH YOU HAVE RECEIVED THE PRODUCT, PROVIDED THE PRODUCT HAS NOT BEEN MATERIALLY USED OR WORN.

    THE NOTICE MAY BE SENT TO US USING OUR ELECTRONIC RETURN MERCHANDISE AUTHORIZATION (RMA) SYSTEM BY LOGGING INTO YOUR WEBSITE ACCOUNT AND FOLLOWING THE INSTRUCTIONS IN THAT SECTION. PLEASE NOTE THAT YOU OF COURSE DO NOT NEED TO USE THE ELECTRONIC SYSTEM BUT MAY SEND US AN E-MAIL TO THE CUSTOMERSERVICE@RYAN-ROCHE.COM WITH (A) YOUR ORDER INFORMATION, AND (B) THAT YOU REQUEST A REFUND OR SEEK TO EXCHANGE YOUR PURCHASE.

    PLEASE INCLUDE THE ORDER NUMBER OF THE TRANSACTION WITH YOUR REQUEST. IN DUE COURSE, WE WILL SEND YOU A CONFIRMATION THAT WE HAVE RECEIVED YOUR NOTICE AND THAT IT IS BEING PROCESSED. PLEASE ALWAYS REFER TO YOUR ORDER NUMBER IN ALL COMMUNICATIONS WITH US. YOU MAY WISH TO KEEP A COPY OF YOUR RETURN/EXCHANGE REQUEST FOR YOUR OWN RECORDS.

    UPON SENDING NOTIFICATION TO US OF YOUR RETURN OR EXCHANGE REQUEST, PLEASE RETURN THE PRODUCT/S AS SOON AS REASONABLY PRACTICABLE BUT NO LATER THAN 7 DAYS AFTER SENDING YOUR NOTICE.

    WHEN RETURNING PLEASE FOLLOW THE STEPS BELOW.


    • VISIT WWW.RYAN-ROCHE.COM AND LOG INTO YOUR ACCOUNT TO BEGIN A RETURN OR EXCHANGE.

    • CLICK ON “ORDERS”

    • FIND THE ORDER YOU WOULD LIKE TO RETURN/EXCHANGE, AND CLICK ON "RETURN AN ITEM" TO BEGIN THE RETURN/EXCHANGE PROCESS.

    • SELECT WHICH ITEM(S) YOU WOULD LIKE TO RETURN, EXCHANGE, AND THEN A RESOLUTION (WHETHER YOU WANT A REFUND OR EXCHANGE), AND ALSO THE REASON FOR RETURN.
    • KINDLY NOTE THAT YOU MUST ADD EACH ITEM ONE AT A TIME, SO ONCE YOU HAVE ADDED THE FIRST ITEM YOU CAN ADD OTHER ITEMS FROM YOUR ORDER.

    • AFTER YOU HAVE COMPLETED THE RETURN/EXCHANGE REQUEST, PLACE THE PRE-PAID RETURN LABEL ON THE BOX OVER THE PRIOR DELIVERY INFORMATION.
    • CLOSE THE BOX, PACKAGE AND TAPE SECURELY.

    • CALL UPS AT 1-800-PICK-UPS (1-800-742-5877) TO ARRANGE A COLLECTION.
    • YOUR PACKAGE WILL BE DELIVERED TO OUR RETURN CENTER AT:
RYAN ROCHE. 515 HURLEY AVENUE. NEW YORK. 12443 USA


    WE PREFER THAT PRODUCTS BE RETURNED THROUGH RYAN ROCHE RETURN SERVICE TO ENSURE THEY ARE PROTECTED AND INSURED DURING TRANSIT. HOWEVER, YOU MAY RETURN THE PRODUCTS BY ANY SECURE TRANSPORT.

    IF YOU CHOOSE TO RETURN YOUR PURCHASE IN ACCORDANCE WITH THE TERMS SET FORTH IN THIS SECTION 9, RYAN ROCHE WILL ISSUE A REFUND OF THE AMOUNT PAID TO RYAN ROCHE. HOWEVER, IF EXPRESS SHIPPING HAS BEEN USED, RYAN ROCHE WILL NOT ISSUE A REFUND OF THE ORIGINAL SHIPPING FEE.  RYAN ROCHEWILL PAY THE REFUND WITHIN 14 DAYS OF THE DATE ON WHICH WE HAVE RECEIVED YOUR NOTICE OF RETURN/EXCHANGE, UNDER THE CONDITION THAT RYAN ROCHE HAS RECEIVED THE PRODUCT/S FROM YOU OR IF RYAN ROCHE HAS OBTAINED PROOF THAT THE PRODUCTS HAVE BEEN SENT BACK TO RYAN ROCHE. THE REFUND IS MADE USING THE SAME PAYMENT METHOD YOU USED AT THE PURCHASE IF YOU DO NOT EXPLICITLY ACCEPT ANOTHER METHOD. YOU WILL NOT BE CHARGED EXTRA IF ANOTHER PAYMENT METHOD IS USED.

    PLEASE NOTE THAT RYAN ROCHE ONLY ISSUES A FULL REFUND IF THE PRODUCT(S) IS IN THE SAME CONDITIONS AS AT THE TIME OF DELIVERY. IF THE PRODUCTS’ VALUE HAS DIMINISHED DUE TO YOUR HANDLING OF THE PRODUCTS TO A GREATER EXTENT THAN IS NECESSARY IN ORDER TO ASCERTAIN ITS CHARACTERISTICS OR FUNCTION, YOU HAVE AN OBLIGATION TO REIMBURSE US. THUS, RYAN ROCHE THEN HAS THE RIGHT TO WITHHOLD SUCH AMOUNT OF THE REFUND.

    TO AVOID A DEDUCTION, PLEASE MAKE SURE THE PRODUCT YOU WISH TO REFUND IS IN THE EXACT SAME CONDITION AS WHEN YOU RECEIVED THEM, WITH TAG AND SEAL STILL ATTACHED. ALL SHOES MUST NOT BE USED AT ALL OR ON A CARPETED SURFACE UNTIL YOU HAVE DECIDED TO KEEP THEM. SHOES AND ACCESSORIES THAT COME IN A SPECIAL BOX, MUST BE RETURNED IN THEIR UNDAMAGED ORIGINAL BOX WHICH IS CONSIDERED TO BE A PART OF THE PRODUCT.

    EXCHANGES:
PURCHASED PRODUCTS ARE EXCHANGEABLE INTO A DIFFERENT SIZE IN ACCORDANCE WITH THE TERMS SET FORTH IN THIS SECTION 9. ALL EXCHANGES ARE BASED ON STOCK AVAILABILITY. IF YOU HAVE EXCHANGED A PRODUCT, RYAN ROCHE WILL PAY THE SHIPPING COSTS FOR THE NEW PRODUCT.

    LINKS TO OUR WEBSITE; THIRD PARTY LINKS ON OUR WEBSITE

    CREATING OR MAINTAINING ANY LINK FROM ANOTHER WEBSITE TO ANY PAGE ON OUR WEBSITE WITHOUT OUR PRIOR WRITTEN PERMISSION IS PROHIBITED. RUNNING OR DISPLAYING THE WEBSITE OR ANY WEBSITE CONTENT IN FRAMES OR THROUGH SIMILAR MEANS ON ANOTHER WEBSITE WITHOUT OUR PRIOR WRITTEN PERMISSION IS PROHIBITED. ANY PERMITTED LINKS TO THE WEBSITE MUST COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS, STATUTES, RULES AND REGULATIONS.

    FROM TIME TO TIME, THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE NOT OWNED, OPERATED OR CONTROLLED BY RYAN ROCHE. ALL SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. IF YOU USE THESE LINKS, YOU WILL LEAVE OUR WEBSITE AND WE CANNOT BE RESPONSIBLE FOR ANY CONTENT, MATERIALS, INFORMATION OR EVENTS THAT ARE PRESENT ON OR THAT OCCUR ON WEBSITES THAT ARE NOT OWNED, OPERATED OR CONTROLLED BY RYAN ROCHE

    CHANGE IN WEBSITE AND WEBSITE CONTENT

    WE RESERVE THE RIGHT, AT ANY TIME IN OUR SOLE DISCRETION, TO:  MODIFY, SUSPEND OR DISCONTINUE THE WEBSITE OR ANY SERVICE, CONTENT, FEATURE OR PRODUCT OFFERED THROUGH THE WEBSITE, WITH OR WITHOUT NOTICE; CHARGE FEES IN CONNECTION WITH THE USE OF THE WEBSITE; MODIFY AND/OR WAIVE ANY FEES CHARGED IN CONNECTION WITH THE WEBSITE; AND/OR OFFER OR CANCEL OPPORTUNITIES TO SOME OR ALL USERS OF THE WEBSITE.  YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY SHOULD ANY OF THE FOREGOING OCCUR WITH RESPECT TO OUR WEBSITE.

    DISCLAIMERS; LIMITATIONS ON LIABILITY; INDEMNITY

    YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    RYAN ROCHE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITE.

    IN NO EVENT WILL RYAN ROCHE OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES, SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE WEBSITE DURING THE PRIOR TWELVE (12) MONTHS OR (II) TEN DOLLARS ($10).

    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RYAN ROCHE, ITS OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM: (I) ANY BREACH BY YOU OF ANY OF THESE TERMS, (II) YOUR USER COMMUNICATIONS AND USER CONTENT , (III) YOUR USE OF MATERIALS OR FEATURES AVAILABLE ON THE WEBSITE (EXCEPT TO THE EXTENT A CLAIM IS BASED UPON INFRINGEMENT OF A THIRD PARTY RIGHT BY MATERIALS CREATED BY RYAN ROCHE.) OR (IV) A VIOLATION BY YOU OF APPLICABLE LAW OR ANY AGREEMENT OR TERMS WITH A THIRD PARTY TO WHICH YOU ARE SUBJECT.

    GOVERNING LAW; SEVERABILITY; WAIVER; DISPUTE RESOLUTION

    IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS, STATUTES, RULES AND REGULATIONS (INCLUDING MINIMUM AGE REQUIREMENTS) RELATED TO THE USE OF OUR WEBSITE. ANY DISPUTE ARISING OUT OF, OR RELATING TO, THE USE OF THE WEBSITE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO ANY PRINCIPLES OF CONFLICTS OF LAW.

    IF ANY PART OF THE TERMS SHALL BE HELD OR DECLARED TO BE INVALID OR UNENFORCEABLE FOR ANY REASON BY ANY COURT OF COMPETENT JURISDICTION, SUCH PROVISION SHALL BE INEFFECTIVE BUT SHALL NOT AFFECT ANY OTHER PART OF THE TERMS.

    ANY FAILURE BY US TO PARTIALLY OR FULLY EXERCISE ANY RIGHTS OR THE WAIVER OF ANY BREACH OF THE TERMS BY YOU, SHALL NOT PREVENT A SUBSEQUENT EXERCISE OF SUCH RIGHT BY US OR BE DEEMED A WAIVER BY US OF ANY SUBSEQUENT BREACH BY YOU OF THE SAME OR ANY OTHER TERM OF THE TERMS.  OUR RIGHTS AND REMEDIES UNDER THE TERMS SHALL BE CUMULATIVE, AND THE EXERCISE OF ANY SUCH RIGHT OR REMEDY SHALL NOT LIMIT OUR RIGHT TO EXERCISE ANY OTHER RIGHT OR REMEDY.

    ANY CLAIM ARISING OUT OF, OR RELATING TO, THE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED.  NO RECOVERY MAY BE SOUGHT OR RECEIVED FOR DAMAGES OTHER THAN OUT-OF-POCKET EXPENSES, EXCEPT THAT THE PREVAILING PARTY WILL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES.  IN THE EVENT OF ANY CONTROVERSY OR DISPUTE BETWEEN RYAN ROCHE AND YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE PARTIES SHALL ATTEMPT, PROMPTLY AND IN GOOD FAITH, TO RESOLVE ANY SUCH DISPUTE. IF WE ARE UNABLE TO RESOLVE ANY SUCH DISPUTE WITHIN A REASONABLE TIME (NOT TO EXCEED THIRTY (30) DAYS), THEN EITHER PARTY MAY SUBMIT SUCH CONTROVERSY OR DISPUTE TO MEDIATION. IF THE DISPUTE CANNOT BE RESOLVED THROUGH MEDIATION, THEN THE PARTIES SHALL BE FREE TO PURSUE ANY RIGHT OR REMEDY AVAILABLE TO THEM UNDER APPLICABLE LAW IN THE COURTS OF THE STATE OF NEW YORK.

    ARBITRATION AGREEMENT

    BY ACCESSING OR USING THE WEBSITE, YOU AGREE: (I) THAT ANY AND ALL DISPUTES YOU MAY HAVE WITH, OR CLAIMS YOU MAY HAVE AGAINST RYAN ROCHE OR ITS AFFILIATES RELATING TO, ARISING OUT OF OR CONNECTED IN ANY WAY WITH (A) THE WEBSITE, (B) THESE TERMS, OR (C) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (A “CLAIM”), WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”).  THE ARBITRATION WILL BE HEARD AND DETERMINED BY A SINGLE ARBITRATOR.  THE ARBITRATOR'S DECISION IN ANY SUCH ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.  THE PARTIES AGREE THAT THE ARBITRATION WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDINGS, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.

    IF YOU DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO THE COSTS OF LITIGATION, RYAN ROCHE WILL PAY AS MUCH OF THE ADMINISTRATIVE COSTS AND ARBITRATOR’S FEES REQUIRED FOR THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE COST OF THE ARBITRATION FROM BEING PROHIBITIVE.  IN THE FINAL AWARD, THE ARBITRATOR MAY APPORTION THE COSTS OF ARBITRATION AND THE COMPENSATION OF THE ARBITRATOR AMONG THE PARTIES IN SUCH AMOUNTS AS THE ARBITRATOR DEEMS APPROPRIATE.

    THIS ARBITRATION AGREEMENT DOES NOT PRECLUDE YOU FROM SEEKING ACTION BY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES.  YOU AND RYAN ROCHE ALSO HAVE THE RIGHT TO BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT.  IN ADDITION, YOU AND RYAN ROCHE RETAIN THE RIGHT TO APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR PROVISIONAL RELIEF, INCLUDING PRE-ARBITRAL ATTACHMENTS OR PRELIMINARY INJUNCTIONS, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THESE TERMS, NOR A WAIVER OF THE RIGHT TO HAVE DISPUTES SUBMITTED TO ARBITRATION AS PROVIDED IN THESE TERMS. 

    NEITHER YOU NOR RYAN ROCHE MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM.  CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS.  THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR RYAN ROCHE’S INDIVIDUAL CLAIMS.  THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

    THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR RYAN ROCHE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.  

    IF ANY PROVISION OF THIS SECTION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THAT SPECIFIC PROVISION SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED, BUT THE REMAINDER OF THIS SECTION WILL CONTINUE IN FULL FORCE AND EFFECT.  THIS SECTION OF THESE TERMS WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH RYAN ROCHE.

    ADDITIONAL ASSISTANCE

    IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS, PLEASE SEND AN EMAIL TO CUSTOMERSERVICE@RYAN-ROCHE.COM

    PLEASE BE ASSURED THAT ANY PERSONAL INFORMATION THAT YOU PROVIDE IN COMMUNICATIONS TO THE ABOVE EMAIL, TELEPHONE NUMBER AND POSTAL ADDRESS WILL NOT BE USED TO SEND YOU PROMOTIONAL MATERIALS.