Terms of Use

1. User's Acknowledgment and Acceptance of Terms

Rialto Mobile Marketing, LLC (referred to as "us" or "we") provides the www.rialtomobile.com site and various related services (together referred to as this "site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company).In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use.All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

This site is offered and available to users who are 18 years of age or olderandreside in the United States or any of its territories or possessions andhave a valid email address. By using this site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of 5/1/2018. We reserve the right to change these Terms of Use from time to time without notice to you.You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications.Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2. Description of Services


We make various services available on this site including, but not limited to, content marketing, email marketing, marketing consulting and coaching, mobile marketing, online advertising, reputation management, search engine optimization, social media marketing and website design.Fees for the various services are set out in the membership and service fees described elsewhere in this site.You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and your own Internet access (including payment of service fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you.We shall not be liable to you or any third party should we exercise such right.Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes or types.Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events.You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Registration Data and Privacy

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required.By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you.The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4. Payment of Fees

If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service.For all charges for services on this site, acceptable forms of payment include, but are not limited to, credit card, check, and ACH. We reserve the right to determine what form of payment will be acceptable for any service on this site. Recurring charges are billed in advance of service.You agree to provide us with accurate and complete billing information, including valid credit card information (if applicable), your name, address and telephone number, and to provide us with any changes in such information within thirty (30) days of the change.

If, for any reason, your credit card company refuses to pay the amount billed for the service or you do not pay for the service on time, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us.We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

5. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site.By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

(a)    Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

(b)    Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(c)    Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(d)    Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(e)    Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

(f)    Impersonates any person or entity, including any of our employees or representatives.

​Additionally, you agree not to:

Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site, including their ability to engage in real time activities through the site.

Use any robot, spider or other automatic device, process or means to access the site for any purpose, including monitoring or copying any of the material on the site.

Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the site.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the site, the server on which the site is stored, or any server, computer or database connected to the site.

Attack the site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the site.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site.We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site.However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate.We are not responsible for any failure or delay in removing such content.You hereby consent to such removal and waive any claim against us arising out of such removal of content.See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.Not all areas of the site may be available to you or other authorized users of the site.You shall not interfere with anyone else's use and enjoyment of the site or other similar services.Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions.In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.These sites may contain information or material that some people may find inappropriate or offensive.These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

7. Intellectual Property Information

Copyright © 2018 Rialto Mobile Marketing, LLC All Rights Reserved.

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Rialto Mobile Marketing, LLC and/or its Affiliates.You are only permitted to use the content as expressly authorized by us or the specific content provider.

The site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our 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 of Use permit you to use the site for your personal, non-commercial 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 site, 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 or download one copy of a reasonable number of pages of the site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

To the extent we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

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 this site.

You must not access or use for any commercial purposes any part of the site or any services or materials available through the site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@rialtomobile.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the site in breach of the Terms of Use, your right to use the site will cease 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 site or any content on the site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks, or service marks of Rialto Mobile Marketing, LLC or its Affiliates.All custom graphics, icons, logos, and service names are registered trademarks, trademarks or service marks of Rialto Mobile Marketing, LLC or its Affiliates.All other trademarks or service marks are property of their respective owners.Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Rialto Mobile Marketing or its Affiliates.

8. User's Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.

We respect the intellectual property of others and we ask you to do the same.If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately.To be effective, the notification must include:

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

(b)    Identification of the copyrighted work claimed to have been infringed;

(c)    Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(d)    Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(e)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(f)    A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

​Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.


Designated Agent for Claimed Infringement

Long Law Group, LLC
55 Madison Street Suite 530
Denver, CO 80206
Phone: 720-922-1120
Email: ​info@longlg.com


You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

9. ​Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the site will be free of viruses or other destructive code. 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 site for any reconstruction of any lost data. ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have opportunities to engage in commercial transactions with other users and vendors.You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Rialto Mobile Marketing, LLC.We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Rialto Mobile Marketing, LLC spokesperson speaking in his/her official capacity.Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

Under no circumstances will Rialto Mobile Marketing LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site.It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, forms, or other content available on or through this site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.​ Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the one (1) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site.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.

12.​ Participation in Promotions

From time to time, this site may include advertisements offered by third parties.You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site.Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser.We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

13.​ Application-based and E-mail Services

We may make application-based services available to users of our site, either directly or through a third-party provider.

We will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order.Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes.However, such devices or techniques are not perfect and we will not be responsible for any legitimate communication that is blocked or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity.If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit.We will not be responsible for such deleted or blocked messages.

14. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site.You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time.You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our site.For purposes of these Terms of Use, "material" refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in "Conduct on Site" above.We will not routinely monitor the contents of your online portfolio.You are solely responsible for any information contained in your online portfolios.However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service.We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources.Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users.Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility.Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility.You should preserve backup copies of any digital data, information, or other materials that you have uploaded.You agree not to hold us for any damage to, any deletion of, or any failure to store your files, data, or Registration Data.

15.​ Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred.Therefore, you must take steps to ensure that others do not gain access to your password and account.Our personnel will never ask you for your password.You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

16.​ Export Controls

Software available on or through this site is subject to United States Export Controls.No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.

17.​ International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing the site from territories where the contents of the site are considered to be illegal is prohibited.Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

18. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use.Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

19.​ Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the State of Colorado, United States of America.It can be accessed from all 50 states, as well as from other countries around the world.As each of these places has laws that may differ from those of Colorado, by accessing this site, both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts located inDouglasCountyand the United States District Court for Colorado with respect to such matters.

20.​ Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.Notices to us must be sent to the attention of our team at info@rialtomobile.com, if by e-mail, or at Rialto Mobile Marketing, LLC, 9457 S. University Blvd., #111, Highlands Ranch, CO 80126 if by conventional mail.Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data.In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance. Such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

21.​ Entire Agreement


These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s).Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

22.​ ​Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees.Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or it will be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void.We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this site or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

23.​ Contact Information

If you notice that any user is violating these Terms of Use, please contact us at ​info@rialtomobile.com.

Welcome to RialtoMobile.com. Your use of the Rialto Mobile website is subject to the following Terms of Use.
If you visit or use RialtoMobile.com, you accept these Terms of Use.

PRIVACY
Please review our Privacy Policy, which also governs your visit to RialtoMobile.com to understand our privacy policy practices.

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

TRADEMARKS
Rialto, Rialto Mobile Marketing, Rialto Mobile and other RialtoMobile.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Rialto Mobile Marketing, LLC in the U.S. and/or other countries. Rialto Mobile Marketing, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Rialto Mobile Marketing, LLC's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Rialto Mobile Marketing, LLC. All other trademarks not owned by Rialto Mobile Marketing, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rialto Mobile Marketing, LLC.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio and video, data compilations, and software, is the property of Rialto Mobile Marketing, LLC or its suppliers or providers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Rialto Mobile Marketing, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Rialto Mobile Marketing, LLC or its software suppliers and protected by United States and international copyright laws.

COMPLAINTS
If you believe that any content on our site infringes your copyright, or your trademark has been used in a way that constitutes trademark infringement, provide Rialto Mobile Marketing, LLC the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark;
A description of the copyrighted work or trademark that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law.

LICENSE AND SITE ACCESS
Rialto Mobile Marketing, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rialto Mobile Marketing, LLC. This license does not include, and you are prohibited from, (1) resale or commercial use of this site or its contents, (2) collection and use of any product listings, descriptions, or prices, (3) any derivative use of this site or its contents, (4) downloading or copying account information for the benefit of another merchant, (5) use of data mining, robots, or similar data gathering and extraction tools. This site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rialto Mobile Marketing, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Rialto Mobile Marketing, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing Rialto Mobile Marketing, LLC's or the Rialto Mobile name or trademarks without the express written consent of Rialto Mobile Marketing, LLC. Any unauthorized use terminates the permission or license granted by Rialto Mobile Marketing, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of RialtoMobile.com so long as the link does not portray Rialto Mobile Marketing, LLC, Rialto Mobile or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rialto Mobile Marketing, LLC or Rialto logo or other proprietary graphic or trademark as part of the link without express written permission.

THIRD-PARTY SITES, PRODUCTS, AND SERVICES
Our site may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Rialto Mobile Marketing, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Rialto Mobile Marketing, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

SERVICE DESCRIPTIONS
Rialto Mobile Marketing, LLC attempts to be as accurate as possible. However, Rialto Mobile Marketing, LLC does not warrant that product and service descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY RIALTO MOBILE MARKETING, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RIALTO MOBILE MARKETING, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RILATO MOBILE MARKETING, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RIALTO MOBILE MARKETING, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; SERVERS; OR E-MAIL SENT FROM RIALTO MOBILE MARKETING, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RIALTO MOBILE MARKWETING, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting RialtoMobile.com, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Rialto Mobile Marketing, LLC. The courts located in Douglas County, Colorado shall have exclusive jurisdiction over any dispute relating in any way to your visit to RialtoMobile.com or to products or services sold or distributed by Rialto Mobile Marketing, LLC or through RialtoMobile.com.

GENERAL
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed super-ceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

CONTACT:
If you have any questions or comments or wish to exercise your rights under applicable legislation, please contact our privacy team by emailing to Info@RialtoMobile.com

Or by Mail to:
Rialto Mobile Marketing, LLC
9457 S. University Boulevard
Suite #111
Highlands Ranch, CO 80126 USA

Phone: 888.907.1080
Email: Info@RialtoMobile.com
URL: www.RialtoMobile.com

Your privacy is critically important to us. At Rialto Mobile Marketing LLC we have a few fundamental principles:

    • We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)


    • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.


    • We don’t store personal information on our servers unless required for the on-going operation of one of our services.


    • In our mobile application products, we aim to make it as simple as possible for you to control what is visible to the public, seen by search engines, kept private, and permanently deleted.

Below is our privacy policy which incorporates these goals:

Rialto Mobile Marketing LLC (“Rialto Mobile”) operates several websites including www.RialtoMobile.com as well as a number of websites on behalf of our customers (collectively, the “Websites"), as well as a number of mobile applications on behalf of our customers (collectively, the “Applications"). It is Rialto Mobile’s policy to respect your privacy regarding any information we may collect while operating our Websites and Applications.

Website Visitors & Application Users

Like most website and application operators, Rialto Mobile collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Rialto Mobile’s purpose in collecting non-personally identifying information is to better understand how Rialto Mobile’s visitors use its websites and applications. From time to time, Rialto Mobile may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Rialto Mobile also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Rialto Mobile does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to Rialto Mobile’s websites or applications choose to interact with Rialto Mobile in ways that require Rialto Mobile to gather personally-identifying information. The amount and type of information that Rialto Mobile gathers depends on the nature of the interaction. For example, we ask visitors who sign in to one of our applications using a social network for their username and password. In each case, Rialto Mobile collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Rialto Mobile. Rialto Mobile does not disclose personally-identifying information other than as described below. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website and/or application related activities.

Aggregated Statistics

Rialto Mobile may collect statistics about the behavior of visitors to its websites and applications. For instance, Rialto Mobile may monitor the most popular features in one of our applications. Rialto Mobile may display this information publicly or provide it to others. However, Rialto Mobile does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Rialto Mobile discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Rialto Mobile’s behalf or to provide services available at Rialto Mobile’s websites and applications, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Rialto Mobile’s websites and applications, you consent to the transfer of such information to them. Rialto Mobile will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Rialto Mobile discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Rialto Mobile believes in good faith that disclosure is reasonably necessary to protect the property or rights of Rialto Mobile, third parties or the public at large. If you are a registered user of a Rialto Mobile website and/or application and have supplied your email address, Rialto Mobile may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Rialto Mobile and our products. We expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Rialto Mobile takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Rialto Mobile uses cookies to help Rialto Mobile identify and track visitors, their usage of Rialto Mobile websites, and their website access preferences. Rialto Mobile visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Rialto Mobile’s websites, with the drawback that certain features of Rialto Mobile’s websites may not function properly without the aid of cookies.

Business Transfers

If Rialto Mobile, or substantially all of its assets, were acquired, or in the unlikely event that Rialto Mobile goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Rialto Mobile may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites or applications may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Rialto Mobile and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Rialto Mobile may change its Privacy Policy from time to time, and in Rialto Mobile’s sole discretion. Rialto Mobile encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of any of our websites or applications after any change in this Privacy Policy will constitute your acceptance of such change.

Contact details:

If you have any questions or comments or wish to exercise your rights under applicable legislation, please contact our privacy team by emailing to Info@RialtoMobile.com.

Or by Mail to:

Rialto Mobile Marketing, LLC
9457 S. University Boulevard
Suite #111
Highlands Ranch, CO 80126 USA

Phone: 888.907.1080
Email: Info@RialtoMobile.com
URL: www.RialtoMobile.com




Note: This Privacy Policy document is available under a Creative Commons Sharealike license. This document is derived from the original work by Automattic, San Francisco, California, authors of the world famous WordPress.com.