Website Terms and Conditions

These terms were last updated on February 1, 2024.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.

PLEASE READ CAREFULLY THESE WEBSITE TERMS AND CONDITIONS (“Terms”) BECAUSE THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND RELTIO, INC. (“Reltio”, “we”, “our” or “us”), AND EXPLAIN THE RULES GOVERNING YOUR USE OF THE WEBSITES (https://community.reltio.com/home; https://learn.reltio.com; htttps://academy.reltio.com; https://support.reltio.com/hc/en-us; https://docs.reltio.com/en; https://partner.reltio.com; https://www.reltio.com/) (collectively, the “Sites”).

BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE AND AGREE YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS BY OUR PRIVACY POLICY.  IF YOU DO NOT AGREE TO THESE TERMS, OR OUR PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE SITES.

Please note that we offer many products and services.  Reltio permits your use of Reltio products and provides services to you pursuant to the terms and conditions set forth in a separate manually or digitally executed services agreement (the “Services Agreement”).  If you use the Reltio products or services and log into the Sites those additional terms and conditions become part of your agreement with us.  To the extent of any conflict or inconsistency between these Terms and your Services Agreement, or other terms and conditions for a specific area of the Sites, such latter shall have precedence with respect to your access and use of those areas of the Sites or the products or services governed by the applicable Services Agreement. These Terms, our Privacy Policy and any Services Agreement, as applicable, constitute the sole and entire agreement between you and Reltio with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

Except for the “Binding Arbitration and Class Action Waiver” section, below, Reltio reserves the right to revise these Terms.  The revised Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you.  Your continued use of the Sites after any such update constitutes your acceptance of such changes. For this reason, please check this page periodically for revisions.  If you do not agree to, or cannot comply with the revised Terms, you must stop accessing and using the Sites.

You may be required to create an account and specify a password in order to use certain services or features on the Sites, including the Reltio Partner Program Portal (the “Partner Portal”) and the Reltio Community.  To create an account, you must be at least the age of majority or older in your state or country of residence and you must provide truthful and accurate information about yourself.  If your information changes at any time, please update your account to reflect those changes.  By using the Sites, you represent and warrant you are of legal age to form a binding contract with Reltio and meet all of the eligibility requirements.  If you do not meet all of these requirements, you must not access or use this Sites.

In some cases, an account may be assigned to you by an administrator (“Account Administrator”), such as your employer.  If you are using or logging into an account assigned to you by an Account Administrator, additional terms may apply to your use of the Sites.  Moreover, your Account Administrator may be able to access or disable your account without our involvement.

You may not share your account with anyone else.  It is your responsibility to ensure your password remains confidential and secure.  By registering, you also agree that you are fully responsible for all activities that occur under your username and password.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  We may assume that you have made any communications we receive under your account.  If you believe  your account has been compromised at any time, you and/or your Account Administrator is responsible for notifying us immediately at Security@reltio.com.  You understand and agree that we may require you or your Account Administrator to provide information that we may use to confirm your identity and help ensure the security of your account.

RELTIO WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES, LIABILITY, EXPENSES, OR ATTORNEYS’ FEES YOU AND/OR YOUR ACCOUNT ADMINISTRATOR MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE AND/OR AUTHORIZATION, AND REGARDLESS OF WHETHER YOU HAVE ADVISED US OF SUCH UNAUTHORIZED USE.  YOU WILL BE DIRECTLY LIABLE FOR LOSSES, DAMAGES, LIABILITY, EXPENSES, AND YOUR ATTORNEYS’ FEES THAT YOU INCUR DUE TO SOMEONE ELSE USING YOUR ACCOUNT.  In the event you or the Account Administrator loses access to an account or otherwise requests information about an account, Reltio reserves the right to request from you or the Account Administrator any verification we deems necessary before restoring access to or providing information about such account in its sole discretion.

The Partner Portal is a site Reltio creates for Reltio partners.  In addition to these Terms, use of the Partner Portal is subject to the terms of (i) your Alliance Agreement with Reltio: (ii) a separate non-disclosure agreement executed between you and Reltio (the “Reltio NDA”); (iii) the Reltio Partner Program Guidelines, and (iv) such additional terms and conditions made available on the Partner Portal. Please read those additional terms carefully.

All qualifying lead content made available to you on the Partner Portal and its related Sites is Reltio’s Confidential Information, as that term is defined in the Reltio NDA, and you must protect it as such.  In addition, all qualifying leads uploaded to the Partner Portal shall be the partner’s Confidential Information, as that term is defined in the Reltio NDA, and Reltio must protect it as such.

The Partner Portal is provided solely as a convenience to Reltio partners and Reltio is under no obligation to provide such service or access to you.  Reltio reserves the right to remove your access to the Partner Portal at any time with or without notice.

The Reltio Community is a site Reltio creates for Reltio customers to share successes, challenges, constructive feedback, questions, and goals regarding Reltio’s products or services.  In addition to these Terms, your access to or use of the Reltio Community is subject to the Reltio Community Rules & Etiquette Guidelines, as well as additional terms and conditions made available on the Reltio Community.  Please read those additional terms carefully.

Reltio Learn allows Reltio customers, partners, employees, and other users to learn about Reltio products, solutions, and sales strategies.  In addition to these Terms, Reltio Learn is subject to additional terms and conditions made available at https://learn.reltio.com.  Please read those additional terms carefully.

The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, the design, selection, and arrangement thereof) are owned by Reltio, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Sites for your personal or internal business use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Sites for your own personal or internal business use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from the Sites.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.

If you print, copy, modify, download, or otherwise use or provide access to any other person to any part of the Sites in breach of the Terms, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by Reltio. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.

RELTIO®, the RELTIO logo, RELTIO CONNECTED CUSTOMER 360®, ENTERPRISE 360, and IDENTITY 360 are trademarks or registered trademarks of Reltio. You must not use such marks without Reltio’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

Our Sites may include discussion forums, blogs, or other interactive features or areas, including the Reltio Community, (collectively, “Interactive Areas”) and we may provide opportunities for you to post text, photographs, videos, reviews, suggestions, blog comments, or other content (collectively, “Customer Content”) to the Interactive Areas.  You can only post Customer Content if you own all the rights to that Customer Content, or if another rights holder has given you permission.  We are and shall be under no obligation (1) to maintain any Customer Content in confidence; (2) to pay compensation for any Customer Content; or (3) to respond to any Customer Content.  Customer Content must comply with the terms set forth in the Reltio Community Rules & Etiquette Guidelines.

You do not transfer ownership of your Customer Content simply by posting it.  However, by posting Customer Content on or through the Sites and its Interactive Areas, you grant us, our agents, licensees, and assigns an irrevocable, perpetual, non-exclusive, royalty-free, worldwide (with the right to grant and authorize sublicenses) right and permission to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Customer Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, without limitation, curating, transforming, and translating).  You agree this license includes the right for Reltio to provide, promote, and improve the Sites and to make Customer Content submitted to or through the Sites available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Customer Content on other media and services, subject to our terms and conditions for such Customer Content use.  Such additional uses by Reltio, or other companies, organizations or individuals, is made with no compensation paid (or obligation to pay) to you with respect to the Customer Content you submit, post, transmit or otherwise make available through the Sites and Interactive Areas as the use of the Sites and Interactive Areas by you is hereby agreed as being sufficient compensation for the Customer Content and grant of rights herein.  Please note that this license continues even if you stop using our Sites.

In the event you provide us with any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Sites (collectively “Customer Feedback”), you grant Reltio a nonexclusive, perpetual, irrevocable, royalty-free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform and otherwise exploit such Customer Feedback without restriction (including in testimonials or other Reltio marketing materials and where required to do so by law or in good faith to comply with legal process).  We reserve the right to remove any Customer Feedback posted on our public forums for any reason and at our sole discretion.

You represent and warrant you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Customer Feedback or Customer Content you submit, post or display on or through the Sites.  You agree that such Customer Feedback or Customer Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Reltio the license described above.

You understand Reltio does not control, and is not responsible for Customer Content or Customer Feedback and, by using the Sites, you may be exposed to Customer Content or Customer Feedback from other customers that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.  We are not responsible or liable to you or any third party for the content or accuracy of any Customer Content or Customer Feedback posted by you or any other user of the Sites.

We have the right to:

• Remove or refuse to post any Customer Content for any or no reason in our sole discretion.
• Take any action with respect to any Customer Content we deem necessary or appropriate in our sole discretion, including if we believe such Customer Content violates the Terms, including the Reltio Community Rules & Etiquette Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for Reltio.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
• Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court, administrative or regulatory order or proceeding requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.  YOU AGREE TO WAIVE AND HOLD HARMLESS RELTIO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, ACTIONS OR PROCEEDINGS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

However, we do not have any obligation to review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content any user or third party provides.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

The Sites may provide links to websites, content, products, and services of third parties.  If the Sites contain such links, these links are provided for your convenience only.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  RELTIO IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF SUCH EXTERNAL SITES, THEIR AVAILABILITY, AND DOES NOT ENDORSE THE MATERIALS MADE AVAILABLE ON SUCH EXTERNAL SITES OR RESOURCES.  WE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD-PARTIES.  You further acknowledge and agree that you bear all risks associated with the access to, and use of, any linked site or resource (including by means of the Sites).  Your interactions with such third parties will be governed by the third parties’ own terms of services, and any other similar terms.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Sites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Sites.
• Send emails or other communications with certain content, or links to certain content, on the Sites.
• Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with.  Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Sites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Sites other than the homepage.
• Otherwise take any action with respect to the materials on the Sites that are inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Reltio Community Rules & Etiquette Guidelines.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw links or linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

We reserve the right to modify our Sites, at any time, with or without notice to you.  For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or service (including any program) altogether.  We also reserve the right to charge a fee for access to or use of any of our features, services, or programs at any time.  If you don’t like any changes, you can stop using our Sites at any time.  However, any right or attempt to terminate a Services Agreement shall remain governed by such Services Agreement.

The information presented on or through the Sites is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Reltio, are solely the opinions and the responsibility of the person or entity providing those materials.  Such materials do not necessarily reflect the opinion of Reltio.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

You understand we cannot and do not guarantee or warrant that files you may downloading from the internet or the Sites will be free of viruses or other destructive code or will not result in lost or corrupted data or systems or equipment.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITES, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK.  THE SITES, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER RELTIO NOR ANY PERSON ASSOCIATED WITH RELTIO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER RELTIO NOR ANYONE ASSOCIATED WITH RELTIO REPRESENTS OR WARRANTS THE SITES, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE EXTENT PROVIDED BY LAW, RELTIO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES TO THE EXTENT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, RELTIO, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, DISCLAIM AND SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITES, ANY MATERIALS, INFORMATION, CONTENT, OR RECOMMENDATIONS APPEARING ON THE SITES, OR ANY LINK PROVIDED ON THE SITES.  THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF RELTIO, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO ONE THOUSAND DOLLARS ($1,000).

TO THE EXTENT PERMITTED BY APPLICABLE LAW, RELTIO, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, DISCLAIM AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE NOT REASONABLY FORESEEABLE OR FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  THE FOREGOING LIMITATION WILL APPLY EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.

If you are a California resident, you hereby waive California Civil Code §1542, which states:  “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  This release includes the criminal acts of others. If you are in another state you also waive similar or analogous laws.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.

You agree to indemnify, release, and hold Reltio and its respective officers, directors, employees, members, shareholders, contractors, or representatives (and all successors and assigns of the foregoing) harmless from and against any and all liability, claims, actions, loss, harm, damage, injury, cost or expense including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your use of the Sites, your connection to the Sites, any Customer Content or Customer Feedback you post on the Sites, your violation of these Terms, Reltio’s Privacy Policy, or any additional rules, guidelines or terms of use posted for a specific area of the Sites or referenced in these Terms or content provided on, referenced, or through the Sites, your violation of an applicable law, or your violation or infringement of any rights, including intellectual property rights.  We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Reltio and its respective officers, directors, employees, members, shareholders, contractors, or representatives (and all successors and assigns of the foregoing), harmless from and against any and all liability, claims, actions, loss, harm, damage, injury, cost or expense, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

You may not access, download, use or export the Site, or the content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of Reltio in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of Reltio outside the U.S. Neither the services or products of Reltio nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Application.  You and Reltio agree these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.  This “Binding Arbitration and Class Action Waiver” section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms.  The only disputes excluded from this broad prohibition are the litigation of certain claims relating to intellectual property and small claims court, as provided below.

Initial Dispute Resolution.  Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Legal@reltio.com and provide a brief, written description of the dispute, including your contact information.  Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Reltio, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration.  If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in the “Exception” section below subject to the terms set forth below.  Specifically, all claims arising out of or relating to these Terms (including Reltio’s Privacy Policy, and the formation, performance, and breach of these Terms and the Reltio Privacy Policy), the parties’ relationship with each other, and/or your use of Reltio shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS”).  The JAMS rules will govern payment of all arbitration fees.

Arbitrator’s Powers.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Reltio Privacy Policy including but not limited to any claim that all or any part of these Terms or the Reltio Privacy Policy are void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct.  The parties agree the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, excluding the ability to recover attorneys’ fees from the other party.  The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Filing a Demand.  To start an arbitration, you must do the following:  (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (c) Send one copy of the Demand for Arbitration to Legal@reltio.com.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial.  They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location.  Arbitration shall be initiated in Santa Clara County, California, United States, and you and Reltio agree to submit to the personal exclusive jurisdiction of any federal or state court in Santa Clara County, California, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver.  The parties further agree the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RELTIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  If any court or arbitrator determines the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception:  Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).  Either party may also seek relief in small claims court in Santa Clara, California for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out.  You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Legal@reltio.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.”  The notice must be sent within the later of thirty (30) days of the posting of these Terms or within thirty (30) days of changes to this section being announced.  Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs.  If you opt out of these arbitration provisions, Reltio also will not be bound to arbitrate.

Changes to this Section.  We will provide sixty (60) days’ notice of any changes to this section. Amendments will become effective sixty (60) days after they are posted on the Sites or sent to you by email.  Changes to this section will otherwise apply prospectively only to claims arising after the sixtieth (60th) day.  If a court or arbitrator decides this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Binding Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Binding Arbitration and Class Action Waiver section in existence after you began using the Sites.

Survival.  This Binding Arbitration & Class Action Waiver section shall survive any termination of these Terms.

These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules.  Any dispute arising out of these Terms not subject to arbitration as provided above shall be initiated and conducted in the state or federal courts of Santa Clara County, California, and you and Reltio consent to the exclusive jurisdiction and convenient venue of such courts.

If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect. No waiver of or by Reltio of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Reltio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If you believe a notice of copyright infringement has been improperly submitted against you, you may submit a written counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, to our above designated Copyright Agent which contains:

• your physical or electronic signature;
• identification of the material removed or to which access has been disabled;
• a statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or, the material was misidentified; and

• your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (a) in the judicial district where your address is located if the address is in the United States, (b) in Santa Clara County, California; or (c) if your address is located outside the United States you will accept service of process from the complainant submitting the notice or their authorized agent.

Such written notice should be sent to our Copyright Agent at the contact information above.

When you use the Sites or send communications to us through the Sites, you are communicating with us electronically.  You consent to receive electronically any communications related to your use of the Sites.  We may communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.  All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.  Please note that by submitting content, creating a user account or otherwise providing us with your email address, postal address, or phone number, you are agreeing we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

If you give notice to us, it will be effective when received and you must use the following physical or email address:

(1) 100 Marine Parkway, Suite 275, Redwood Shores, CA 94065, USA; or

(2) Legal@reltio.com.

If you are a California resident, you may have these Terms and any additional terms mailed to you electronically by sending a letter to Reltio, Inc., Attn: Legal Department, 100 Marine Parkway, Suite 275, Redwood Shores, CA 94065, USA, with your email address and a request for the Website Terms and Conditions and any additional terms. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Sites or to receive further information regarding use of the Sites.

If you have any questions about these Terms, please contact us at Legal@reltio.com.

Copyright © 2024, Reltio, Inc. and/or its affiliates. All rights reserved.

Reltio is a registered trademark of Reltio, Inc. and/or its affiliates.  Other names appearing on the Sites may be trademarks of their respective owners.