Terms & Policies
Website Privacy Policy
Ray, LLC (“Ray, LLC” “we”, “us”, or “our”) values its customers, their information, their privacy, and their trust. This Privacy Policy (“Policy”) applies to information collected online from users of the Ray, LLC website, rayphoenix.place (the “Site”), and explains how we collect, use, and protect that information. This Policy applies to Ray, LLC’s collection, use, processing, storage, and transfer of information associated with Ray, LLC’s Site. For the purposes of this Policy, unless otherwise noted, all references to the Site, includes Ray, LLC’s online member portal, mobile applications, and other electronic messages between you and the Site.
Throughout this Policy, we refer to the term “Personal Information.” “Personal Information” means data which identifies, describes, is associated with, or could be linked to an individual, such as a name, birthdate, postal address, email address, telephone number, driver’s license number, Social Security Number or other government-issued identification number, credit card number, or other unique identifiers.
Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data. Also, we may collect information related to businesses, companies, institutions, or other entities rather than individuals (“Business Information”). We do not consider Business Information, such as title, employer’s name, work email, work phone number, work address, and other similar business information, to be Personal Information.
Information We Collect
We collect information about you in two ways: 1) directly from you; and 2) indirectly from you via your use of the Site.
Information Collected Directly From You
When you contact us using our Site or submit forms from the Site at the time of registration or subscribing to our services, post material, or request additional information, we will collect certain Personal Information about you so that we may adequately respond to your inquiry or offer services to you such as your first and last name, postal address, email address, and phone number. Although we limit access to certain pages, please utilize the privacy settings for additional security features by logging into your account.
Information Collected Indirectly from You
When you visit our Site, we may collect information about your visit and maintain that information in our web server logs, which are records of the activities on our Site. The servers automatically capture and store the information electronically. Examples of the information we may collect include: Internet Protocol (IP) address; browser type and language; Internet Service Provider (ISP), referring and exit websites and applications; websites viewed while on the Site; operating system; date/time stamp of activity; clickstream data; whether you are a first-time or a returning user; links you clicked on while in the Site; and your flow and navigation path through the Site. We use this information in a deidentified and aggregated fashion to help us administer the site, analyze its usage, protect the website and its content from inappropriate use, and improve your Site experience.
In some parts of our Site and through email messages, you will find a “click-through URL” linked to content on our Site. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click such links in our email messages.
Cookies
We use technologies, such as “cookies,” so we can remember certain information about you, remember your preferences, or recognize you when you return to the Site. Cookies also help us compile aggregate data about Site traffic and Site interaction so that we can improve our Site and protect our Site from fraud.
A cookie is a text file that is stored on your computer. As text files, cookies cannot read information on your hard drive, run programs, or deliver viruses to your computer.
Most browsers are set to accept cookies automatically. You can set your browser to decline all cookies automatically or to prompt you for a response each time a cookie is offered. If you decline cookies, you may find that you cannot access all our Site’s features.
During your browsing session, we use “session” cookies to store information and monitor Site function. These session cookies are installed during your browsing session and are deleted when the browsing session has ended.
The only tags we utilize are for Google Analytics. Please see Google Analytics Privacy Policy https://policies.google.com/privacy?hl=en-US for details.
We also use log files when you visit our Site. Log files track IP addresses, browser type, Internet Service Provider (ISP) identity, referring/exit pages, platform type, date/time stamp, and number of clicks. We utilize this information in our legitimate interest in administering the Site, preventing fraud, tracking website navigation in the aggregate, and gathering broad demographic information for aggregate use.
Web beacons, also known as clear GIFs, are often used in combination with cookies. Often transparent, these images are part of web pages, and allow us to count users who have visited certain pages and to generate statistics about how our Site are used. They are not used to access Personal Information
Pixel tags enable us to send email messages in a format that customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to you.
Website Analytics
We use third-party website analytics software from third-party providers [e.g., Google Analytics] in connection with our Site to gather data such as age, gender, and interests to provide advertising targeted to suit your interests and preferences.
You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting third party pages and using their opt out methods.
This analytics software helps us target our online ads based on information collected directly from you or by automated means, like cookies. These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.
Children's Information
Our Site is not directed at children. We do not knowingly collect Personal Information from children under the age of 18. If you are a parent or guardian and believe your child has provided us with Personal Information without your consent, please contact us by using the information in the “Questions and Contact Information” section, below, and we will take steps to remove such Personal Information from our systems.
Use of Personal Information
We only use your Personal Information for the original purposes it was given and to further our legitimate interests, such as to enroll members in our organization, provide information about our organization and services, and to communicate with Site visitors. Personal Information is used also to provide you with a more enjoyable, convenient online experience. We may use your Personal Information to send you requested information, to personalize content for you, to compile, analyze, and better understand user data, demographics and behavior, and to detect, investigate, and prevent activities that may violate our policies or be illegal. We may also use your Personal Information to communicate with you about events and services we believe you might find of interest and to administer marketing materials and surveys in which you might participate.
We also use the information automatically collected about you during your use of the Site, as described above, to improve the effectiveness of our website, operations, mobile experience, or marketing efforts, to prevent against fraud and theft, and otherwise to protect our Site’s visitors and our organization.
Our employees and agents may view your Personal Information to perform their jobs and address your needs. We authorize their access to your Personal Information on a need-to-know basis to provide you with information or services, or for one of the other reasons listed in this section, and always in connection with a contractual obligation to protect the privacy of that information.
We also provide your Personal Information to Yardi Systems, a third-party vendor who partners with us to operate our payment system on the Site. Yardi Systems may be given your name, address, credit card or other financial information related to purchase and orders to allow us to complete your purchases of products or services. Yardi Systems uses that information only to complete your purchases and orders and is hosted for internal purposes.
And we provide your Personal Information to Vela Development Partners, LLC, a third-party company and our development partner on this project. Vela may be given your name, address, availability, and information about your property or service request to allow them to perform their work as the property management company (to identify and attend to property maintenance, repairs, replacements, and other service requests related to property management). Vela uses that information only to conduct these property management services.
We may also use information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below in the “Access and Consent to Use of Your Personal Information” and “Questions and Contact Information” section.
Disclosure of Your Information
We will not sell, rent, or lease any information we collect from you to others. We will not make your Personal Information available to any unaffiliated parties, except as follows:
To employees, contractors, agents, website vendors, and/or contractors who may use it on our behalf or in connection with their relationship with us;
To our affiliates, service providers, and third-parties [e.g. Alright Studios, Livly, Vela Development Partners, Yardi Systems] for completing sales, marketing purposes, building targeted ad campaigns, addressing service or other requests, and providing you information about us or our services.
To others, including law enforcement, if we believe such release is reasonably necessary to comply with law or legal process; enforce or apply the applicable Ray, LLC Terms of Use, if reasonably necessary to protect our operations, members, or users; detect, prevent or otherwise address fraud, security, or technical issues; protect the rights, property, or safety of others; in a matter of public safety or Policy; or as needed in connection with the transfer of our assets. In the event of an insolvency, bankruptcy, or receivership, your Personal Information may also be transferred as a business asset.
In addition, we may share aggregate, non-individual information, incapable of identifying a person, with third parties for lawful purposes. We will not disclose any of your Personal Information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under circumstances described in this Policy.
Access and Consent to Use of Your Personal Information
If you believe that the Personal Information that we have collected about you is incomplete, inaccurate, or not up to date, or if you would like to review and/or request changes or deletion of that information, please see the contact information in the “Questions and Contact Information” section.
If you do not consent or want to withdraw your consent for us to collect, use, or disclose your Personal Information as described in this Policy, please use the contact information provided in the “Questions and Contact Information” section. In your request, please identify the Personal Information at issue and the collection, use, or disclosure you wish to stop.
Denying or withdrawing consent may not allow us to provide you with some or all the products, services, or information you request.
You may opt-out of receiving marketing-related emails, targeted advertising messages, or promotional offers from Ray, LLC by clicking the "unsubscribe" link at the bottom of any email you receive from us or emailing us at optout@rayisaplace.com.
If you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your account, membership, and other matters. If you agreed to receive future marketing communications directly from a third party through our Site, you will need to contact that party to opt-out of such communications. This process may be outlined on that party's privacy policy. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
Your California Privacy Rights
If you are a California resident, you may have certain rights with respect to your Personal Information including the following rights:
The right to know, by way of our Policy and any specific inquiries you direct to us, where Personal Information we have about you comes from, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;
The right to have access to any Personal Information we have in our possession or control regarding you;
The right to “opt-out” of Ray, LLC’s sale or sharing of your Personal Information to any third parties and to “opt-out” of any automated decision making or profiling;
The right, with some exceptions, to have your Personal Information deleted from Ray, LLC’s possession or control;
The right to receive equal service and pricing from Ray, LLC even if you exercise any of your privacy rights
The right to correct inaccurate personal information;
The right to receive your Personal Information to allow it to be moved to other companies; and
The right to restrict the processing of sensitive Personal Information.
California law permits users of the Site who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. A California resident may also use an authorized agent to submit a right to access request or a request to delete. To make such a request, to learn more, or if you have any questions or concerns about your California privacy rights, please visit the Privacy Notice for California Residents.
Virginia Residents
If you are a Virginia resident, you may, upon request, have certain rights with respect to your Personal Information, including the following rights:
To confirm whether or not Ray, LLC is processing your Personal Information and to access such Personal Information;
To correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information;
To delete your Personal Information;
To obtain a copy of your Personal Information that you previously provided to Ray, LLC in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the Information to another controller without hindrance, where the processing is carried out by automated means; and
To opt-out of the Personal Information processing for purposes of targeted advertising, the sale of personal Information, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
Ray, LLC will respond to any of the above requests within forty-five days. Ray, LLC may extend this deadline once by an additional forty-five days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of the extension within the initial forty-five-day response period along with the reasons for the extension. All requests pursuant to the above rights should be submitted to:
Marina Barber
375 Park Ave
Suite 2501
New York, New York, 10152
If Ray, LLC declines to take action regarding your request, Ray, LLC shall inform you within the deadlines discussed above, along with the justification for that decision. Should you choose to, you may appeal the decision not to take action (or to take limited action) by submitting an appeal within fourteen days of receipt of Ray, LLC’s initial response to the following:
Within sixty days of receipt of your appeal, Ray, LLC shall inform you in writing of any action taken or not taken, in response to the appeal, including a written explanation of the reasons for the decisions. If unsatisfied, you may file a complaint with the Virginia Attorney General at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.
Colorado Residents
If you are a Colorado resident, you may, upon request, have certain rights with respect to your Personal Information, including the following rights:
To opt-out of the processing of your Personal Information for purposes of targeted advertising, the sale of Personal Information; or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
To confirm whether Ray, LLC is processing your Personal Information and to receive access to that Personal Information;
To correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of your Information;
To delete your Personal Information; and
When exercising your right to access your Personal Information, to obtain the Personal Information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
Ray, LLC will respond to any of the above requests within forty-five days. Ray, LLC may extend this deadline once by an additional forty-five days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of the extension within the initial forty-five-day response period along with the reasons for the extension. All requests pursuant to the above rights should be submitted to:
Marina Barber
375 Park Avenue
Suite 2501
New York, New York 10152
If Ray, LLC declines to take action regarding your request, Ray, LLC shall inform you within the deadlines discussed above, along with the justification for that decision. Should you choose to, you may appeal the decision not to take action (or to take limited action) by submitting an appeal within fourteen days of receipt of Ray, LLC’s initial response to the following:
Within forty-five days of receipt of your appeal, Ray, LLC shall inform you in writing of any action taken or not taken, in response to the appeal, including a written explanation of the reasons for the decisions. Ray, LLC may extend this period by sixty days where reasonably necessary, considering the complexity and number of requests serving as the basis for the appeal. If unsatisfied, you may file a complaint with the Colorado Attorney General at https://coag.gov/file-complaint/.
Utah Residents
If you are a Utah resident, you may, upon request, have certain rights with respect to your Personal Information, including the following rights:
1) To confirm if we are processing your Personal Information and to access that data;
2) To delete Personal Information that you provided to us;
3) If technically feasible, to obtain a copy of data that you provided to us in a portable manner; and
4) To opt out of the processing of Personal Information for targeted advertising or sale.
Ray, LLC will respond to authenticated requests seeking any of the above requests within forty-five days. All requests pursuant to the above rights should be submitted to:
Marina Barber
375 Park Ave
Suite 2501
New York, New York, 10152
Connecticut Residents
If you are a Connecticut resident, you may, upon request, have certain rights with respect to your Personal Information, including the following rights:
1) To know what Personal Information we have collected about you, so long as revealing such information would not reveal a trade secret;
2) To obtain, where technically feasible, a copy of all the Personal Information that we have acquired about you;
3) To correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of your Information;
4) To delete your Personal Information; and
5) To opt out of the processing of your data for the purposes of: a) targeted advertising, b) the sale of Personal Information, or c) profiling in furtherance of solely automated decisions that produce legal or similar significant effects on you.
Ray, LLC will respond to authenticated requests seeking any of the above requests within forty-five days. All requests pursuant to the above rights should be submitted to:
Marina Barber
375 Park Ave
Suite 2501
New York, New York, 10152
Iowa Residents
If you are an Iowa resident, you may, upon request, have certain rights with respect to your Personal Information, including the following rights:
The right to confirm whether Ray, LLC is processing your Personal Information and to access that data;
The right to delete the Personal Information that you provide to Ray, LLC;
The right to obtain a copy of the Personal Information that you provide to Ray, LLC in a portable readily usable format; and
The right to opt out of the sale of your Personal Information.
Ray, LLC will respond to authenticated requests seeking any of the above requests within ninety (90) days, unless extended, for good cause, by another forty-five (45) days. All requests pursuant to the above rights should be submitted to:
Marina Barber
375 Park Ave
Suite 2501
New York, New York, 10152
Indiana Residents
If you are an Indiana resident, you may, upon request, have certain rights with respect to your Personal Information, including the following rights:
The right to confirm whether Ray, LLC is processing your Personal Information and request access to the same;
The right to correct inaccuracies in the Personal Information you provided to Ray, LLC;
The right to obtain a copy, or representative summary, of the Personal Information about you possessed by Ray, LLC in a portable and readily usable format;
The right to delete the Personal Information that you provided to Ray, LLC and/or data otherwise obtained about you by Ray, LLC;
The right to opt out of the processing of your Personal Information for targeted advertising, profiling, and of the selling of your Personal Information; and
The right, as a parent or on behalf of a user known to be a child, to prevent the processing of sensitive data (as that term is defined by statute) about that child unless and until that parent or person on their behalf provides consent.
Ray, LLC will respond to authenticated requests seeking any of the above requests within forty-five (45) days, unless extended for cause, by another forty-five (45) days. All requests pursuant to the above rights should be submitted to:
Marina Barber
375 Park Ave
Suite 2501
New York, New York, 10152
Montana Residents
If you are a Montana resident, you may, upon request, have certain rights with respect to your Personal Information, including the following rights:
The right to opt-out of the sale by Ray, LLC of Personal Information and the use of Personal Information for targeted marketing and profiling;
The right to delete the Personal Information that you provided to Ray, LLC and/or data otherwise about you;
The right to confirm whether Ray, LLC is processing your Personal Information and request access to the same;
The right to correct inaccuracies in the Personal Information you provided to Ray, LLC;
The right to obtain a copy, or representative summary, of the Personal Information about you possessed by Ray, LLC in a portable and readily usable format;
The right, as a parent or on behalf of a user known to be a child, to prevent the processing of sensitive data about that child unless and until that parent or person on their behalf provides consent;
The right to appeal any decision by Ray, LLC not to provide information or take action pursuant to these rights.
Ray, LLC will respond to any of the above requests within forty-five days. Ray, LLC may extend this deadline once by an additional forty-five days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of the extension within the initial forty-five-day response period along with the reasons for the extension. All requests pursuant to the above rights should be submitted to:
Marina Barber
375 Park Ave
Suite 2501
New York, New York, 10152
If Ray, LLC declines to take action regarding your request, Ray, LLC shall inform you within the deadlines discussed above, along with the justification for that decision. Should you choose to, you may appeal the decision not to take action (or to take limited action) by submitting an appeal within fourteen days of receipt of Ray, LLC’s initial response to the following:
Ray, LLC shall inform you in writing of any action taken or not taken, in response to the appeal, including a written explanation of the reasons for the decisions.
Tennessee Residents
If you are a Tennessee resident, you may, upon request, have certain rights with respect to your Personal Information, including the following rights:
The right to confirm whether Ray, LLC is processing their personal data and request access to the same;
The right to delete the personal data that you provided to Ray, LLC and/or that Ray, LLC has obtained about you;
The right to obtain a copy, or representative summary, of the personal data about you possessed by Ray, LLC in a portable and readily usable format;
The right to correct inaccuracies in the personal data you provided to Ray, LLC;
The right to opt-out of the sale by Ray, LLC of personal information and the use of personal information for targeted marketing and profiling; and
The right to appeal any decision by Ray, LLC not to provide information or take action pursuant to these rights.
Ray, LLC will respond to any of the above requests within forty-five days. Ray, LLC may extend this deadline once by an additional forty-five days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of the extension within the initial forty-five-day response period along with the reasons for the extension. All requests pursuant to the above rights should be submitted to:
Marina Barber
375 Park Ave
Suite 2501
New York, New York, 10152
If Ray, LLC declines to take action regarding your request, Ray, LLC shall inform you within the deadlines discussed above, along with the justification for that decision. Should you choose to, you may appeal the decision not to take action (or to take limited action) by submitting an appeal within fourteen days of receipt of Ray, LLC’s initial response to the following:
Ray, LLC shall inform you in writing of any action taken or not taken, in response to the appeal, including a written explanation of the reasons for the decisions.
Security of Your Personal Information
We are committed to protecting the information we receive from you. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. Ray, LLC uses SSL Protocol and SSL Encryption for this purpose.
When personal information (such as a credit card number) is transmitted by Ray, LLC to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
Links to Other Websites
Our Site may contain links to, or advertisements about, non-Ray, LLC websites. Other sites may also reference, advertise, or link to the Ray, LLC Site. You may be able to post content to third party Social Networking Sites on which we maintain a presence. If you choose to do this, we will provide information to the Social Networking Site(s), and receive information from them, in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the applicable terms of use and privacy policies. We are not responsible for the availability, accuracy, content, products or services of third-party Social Networking Sites.
While you are using the Site, you may be linked or directed to other third-party websites that are beyond our control. These third-party websites may have privacy policies and terms of use which differ from ours. Please carefully review these policies. We are not responsible for any actions or policies of such third parties.
Retention and Accuracy of Personal Information
We do our best to ensure that the Personal Information we hold, and use is accurate. We rely on the individuals we do business with to disclose to us all relevant information and to inform us of any changes.
Changes to the Policy
From time to time, we may change this Policy and will notify you of material changes by posting the changed or modified Policy on our Site. Any changes will be effective immediately upon the posting of the revised Policy unless otherwise specified.
Questions and Contact Information
If you have any questions, wish to access, correct, or amend your Personal Information or unsubscribe, want to register a complaint or simply want more information, you may contact us at:
Ray, LLC
Website Terms of Use
These Terms of Use (“Terms”) govern your use of the rayphoenix.place website (the “Site”) operated by Ray, LLP (“Ray, LLC”, “us” “we”, and “Company”). By accessing or using the Site, you affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, or are unable to comply with them, please do not use the Site.
Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines, or terms or conditions of use specific to the products or services provided by us or made available through the Site.
WE ARE ONLY WILLING TO MAKE THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SITE, OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend, or discontinue at any time your use of the Site or any of its functions, features, materials, or Content (defined below).
You may not use this Site if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using this Site or any of this Site’s contents, products, or services by applicable law.
We may update these Terms from time to time. Please check the Terms each time you access or use the Site. If we make material changes to the Terms, we will post the revised Terms on the Site noting the revised effective date. Your continued access to or use of the Site after the effective date constitutes your acceptance of the new Terms.
Your Personal Information (as that term is defined in our Privacy Policy) will be used and protected in accordance with our Privacy Policy [link].
License and User Conduct
Ray, LLC grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms and any rules or guidelines found on the Site. All rights not expressly granted in these Terms are reserved for Ray, LLC.
Your use of the Site pursuant to these Terms is limited to (1) receiving information about our company, Site, products, services, and business activities; (2) accessing the Site; and 3) collecting and sharing your information with us. You may access, download, and print Site materials only as necessary to transact business with Ray, LLC and receive information available on the Site and, in doing so, you must retain any and all notices, trademarks, and other markings found on Site materials.
You agree that you will comply with these Terms, any applicable Site guidelines, and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; (g) violate any applicable local, state, national, or international law(s); or (h) violate any rules of the Site as posted thereon. You also agree that you will not: (i) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks, or servers by hacking, password “mining” or any other illegitimate means: (j) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks, or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Site; or (k) sell, share, provide access to, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activities or uses, in our sole discretion.
Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof except as expressly permitted herein or as provided for on the Site.
We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site at any time in our sole discretion.
The Site that may be accessed from, displayed on, or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. We reserve the right to change, suspend, remove, or disable your access to the Site at anytime without notice and for any reason in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site, or portions thereof, in any case, for any reason, and without notice or liability, again, in our sole discretion.
You must be 18 or older to access or utilize the Site.
Information You Provide
You agree that all information you provide to us or post on the Site will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide or post it, and that it does not violate any third party’s intellectual property or privacy rights. Any information or materials you provide us via the Site, post to the Site, or otherwise, including feedback, responses to questions, comments, documents, photographs, suggestions, or the like will be deemed to be non-confidential and owned exclusively by Ray, LLC. We will have no obligation of any kind with respect to such information. By uploading, sending, posting, or otherwise providing any information or material, you grant Ray, LLC an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that Ray, LLC is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose in its sole discretion, including for use in creating derivative works.
You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device you use to access the Site. We may, in our legitimate interest in maintaining the Site, also collect information about the system and application software you use as well as information about device peripherals you employ. And we may collect information about your activities on the Site, like the duration and frequency of your usage sessions, information regarding your browsing history, whether you are a first-time or a returning user, links you clicked on while on the website, and your flow and navigation path through the website. This information is gathered periodically and facilitates the development of software updates, the provision of product support, and with the delivery of other services and products to you (if any). We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services, Content or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Site can be found in our Privacy Policy [link].
Your Online Ray, LLC Account
If you create an account on the Site or through our app, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (“User Content”), you are entirely responsible for the content of, and any harm or alleged harm resulting from that User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, an audio file, or computer software. By making User Content available, you represent and warrant that:
the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the User Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content linking to third-party sites or to boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or misleading recipients as to the source of the material (such as spoofing);
the User Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your User Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
your User Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
Responsibility of Website Visitors
Ray, LLC has not reviewed all of the material, including computer software, posted to the Website, and is not responsible for that material’s content, use or effects. By operating the Site, Ray, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be true, accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ray, LLC disclaims any responsibility for any harm resulting from use by visitors of the Site, or from any downloading of content by those visitors.
Third Party Sites and Information
Our Site may have links to other websites or it may refer to information, documents, software, materials, and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that Ray, LLC is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.
Certain parts of the Site may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the Site, you acknowledge and agree that Ray, LLC is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties.
If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.
Indemnification
You agree to defend, indemnify, and hold Ray, LLC and its affiliates, partners, agents, and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with us in asserting any available defenses.
Intellectual Property
Ray, LLC may, but is not obligated to, monitor the site or Your Content uploaded to the Site for any infringement of a third party’s intellectual property rights. However, Ray, LLC cannot undertake to review all such content before it is posted on the Site and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, Ray, LLC assumes no liability for any action regarding transmissions, communications, or content provided by any user or third party. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Site have been copied in a way that constitutes copyright infringement, you may submit a notification to our legal department as noted below.
The entire content of the Site, including, but not limited to, text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark, and other intellectual property laws and is owned, controlled, or licensed by or to Ray, LLC. Your use of the Site does not grant you any rights to the Site or any of the Content except as explicitly described on the Site.
The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by U.S. and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.
All trademarks, service marks, logos, taglines, copyrightable works, and trade dress depicted on the Site are owned, controlled or licensed by Ray, LLC, licensed to Ray, LLC, or are the property of their respective owners. You agree not to reproduce, imitate, alter, display, distribute, or use such intellectual property, in whole or in part, in any manner, without the prior written permission of Ray, LLC.
Subject to your compliance with these Terms, Ray, LLC grants you a limited, non-exclusive license to access and use portions of the Site, provided that your access and use is lawful and non-commercial and that you do not: reproduce, distribute, or use Content without proper authorization; change or delete any proprietary notices from downloaded or printed materials; copy or post Content on any networked computer or device; broadcast it in any media, including social media; or make any representations or warranties relating to such Content.
Other than as described here or on the Site, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any other computer, server, device, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or its Content except as permitted or consented to by these Terms.
Digital Millennium Copyright Act Notice
Ray, LLC respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our Site (or any portion of the Site) infringes upon your copyrights, please provide the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;
A description of the copyrighted work that you believe has been infringed;
The specific location on the Site of this allegedly infringing material;
Your address, telephone number, and email address and any other pertinent information sufficient to allow Ray, LLC to contact you about the allegation;
A statement by you that you have a good faith belief that the disputed use is not authorized by copyright owners, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notices of claimed copyright infringement should be directed to:
By email: mb@rayisaplace.com
No Warranties
THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENT AND OF ANY ACCESS TO OR USE OF THE SITE AND ITS CONTENT.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR NOT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RAY, LLC, ITS AFFILIATES, ITS SUBSIDIARIES, ITS RELATED COMPANIES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. Any claim brought by you is subject to the Limitation of Liability set forth above.
Governing Law and Jurisdiction
These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of New York, without regard for its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the Site or the Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in New York, New York.
Failure by Ray, LLC to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by Ray, LLC.
If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without Ray, LLC’s prior written consent. Any attempt by you to assign or transfer you rights or obligations under these Terms, without such consent, will be null and void and of no effect. Ray, LLC may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms, where properly assigned, shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
