Terms and Conditions

This ezColony use agreement and acceptable use policy (the "Agreement" or the "AUP") provides important information about your ezColony membership, so you should take the time to read and understand it. You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you use ezColony. As used herein, "RURO" means and refers to RURO Incorporated, and, where applicable, RURO International.

RURO may change, add or remove any part of this Agreement, or any part of the ezColony services and features, including price, at any time. If it does so, RURO will post such changes on the ezColony site.

IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING ezColony. YOUR CONTINUED USE OF ezColony NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.



This Agreement is a legal document that sets forth your rights and obligations as a ezColony user. You cannot use ezColony until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use ezColony. Your use of ezColony is also subject to RURO's corporate Privacy Policy. This applies to this Agreement and the Privacy Policy as they currently exist and as they may be revised from time to time by RURO.

When you accept this Agreement and complete the ezColony registration process, you become the account holder. As a ezColony account holder, RURO provides you with a limited, non-exclusive license for no more than the term of your membership (or, if you are a trial user, for the term of your trial period) to use the member name and password provided to you for your account. Your member name, when confirmed by RURO, is your online identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately.

As used in this Agreement, "Content" means the colony configurations, genotypes, genotyping protocols, animal data, breeding records, and all other information and materials you encounter or generate through your account.



If you are not ready to become a ezColony member, you may wish to use a "trial" version of ezColony for a limited period, which cannot be longer than sixty (60) days. Some features of ezColony may not be available in the "trial" version, or the functionality of available features in the "trial" version may be limited. During this trial period, you agree that RURO will have the right (subject to applicable local law) to send you communications, notices and news about ezColony to any email address you have given us. (Local law may allow you to revoke your consent to receiving these communications at any time during the trial period.) You will also be subject to the provisions of this Agreement during any trial period. If you do not become a member prior to the end of your trial period, your access to ezColony will be terminated, and all Content you may have created in ezColony during the trial period will be deleted. (See "Authorization to Remove Content", below.) Any information you have given us with respect to your trial period use will be in our system, and it will be subject to the terms of RURO's corporate Privacy Policy.



If you elect to become a ezColony member, you agree to pay all charges for ezColony at the prices set forth on the ezColony site and upon the terms set forth on that site and in this Agreement. All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law. RURO reserves the right to change prices or to institute new charges for ezColony or any portion of ezColony at any time, upon prior notice. Price changes and institution of new charges implemented during your membership period will apply to subsequent membership periods and to all new ezColony users after the effective date of the change. All pricing changes will be posted on the ezColony site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of ezColony, or your failure to terminate your membership, after any such changes are posted (or effective) will constitute your acceptance of the prices for subsequent membership periods.

Consult your ezColony account management page for details on billing currency for services purchased on-line. Invoices will be provided electronically to your email account. RURO will charge the annual ezColony membership fee, and any fees for additional ezColony features or services, to the credit card account provided by you. You also agree that RURO may automatically charge your credit card for renewal of your membership without further authorization from you, unless and until you provide RURO with at least five (5) days prior notice that you do not wish to renew your membership to ezColony or that you wish to change your previously designated credit card account. You may provide notice that you do not wish to renew your ezColony membership by clicking here. On an annual basis, you will receive an email to your email address about 30 days prior to the anniversary of your membership. The email will remind you that the credit card you used for your original membership will be billed on the anniversary date. If you do not elect to renew your membership, all Content you have created will still be stored on ezColony for the period of five years from the date of the expiration of your membership period and will still be available in read-only mode. (Also, see "Authorization to Remove Content", below.)

If payment is not received by RURO from your credit card issuer or its agents, you agree to pay all amounts due from you for your ezColony membership, upon demand by RURO.



RURO will accept cancellations of your membership (and any "add-on" service) within the first thirty (30) days of your annual membership, and you will receive a prorated refund for the remainder of that annual membership period. Applicable local law may vary this policy.



While RURO makes reasonable efforts to ensure that ezColony is available at all times, RURO does not guarantee, represent or warrant that ezColony services will be uninterrupted or error-free, and RURO does not guarantee that users will be able to access or use all the ezColony features at all times.



ezColony may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject RURO to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If RURO elects to terminate your right to use ezColony as a result of any illegal or prohibited conduct, RURO may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.


Violations of system and network security are prohibited, and may result in criminal and civil liability. RURO will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
• Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
• Taking any other action to disrupt the normal use of ezColony or the Internet by other users

RURO provides you with a limited license to use the software providing access to ezColony, which you agree to use in accordance with these rules. You may not sublicense, or charge others to use or access, this software. RURO will occasionally provide automatic upgrades to improve your online experience.

RURO grants to you a non-exclusive, limited license to use the software designed to provide access to ezColony for the sole purpose of connecting you to ezColony. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this agreement. You understand that RURO's introduction of various technologies may not be consistent across all platforms and that the performance and some ezColony features may vary depending on your computer and systems and other equipment.



ezColony, the ezColony logo, RURO logo and associated trade dress are trademarks of RURO, Inc. Palm OS is a registered trademark and Palm and Palm Powered are trademarks of Palm, Inc. Mac OS is a trademark and Macintosh is a registered trademark of Apple Computer, Inc. Windows is a registered trademark of Microsoft Corporation.
All other brand names, product names or trademarks are the property of their respective owners.

RURO, Inc trademarks and trade dress may not be used in connection with any product or service that is not RURO, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RURO. All other trademarks not owned by RURO or its subsidiaries that appear on this installation are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RURO or its subsidiaries.



RURO and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.



RURO reserves the right to disable your access to ezColony and to remove any Content you may have stored on ezColony under the following circumstances:

• At the end of any trial period, if you do not elect to become a paid ezColony member.
• In five years upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.

RURO will notify you via email to your email account, that your access to ezColony will be deactivated and that any Content residing in your account at the time of deactivation will be deleted.



YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ezColony SERVICES ARE AT YOUR SOLE RISK. ezColony SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL RURO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ezColony OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ezColony USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RURO'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, RURO DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH ezColony AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH ezColony. YOU HEREBY RELEASE RURO FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.



RURO may give notice to any ezColony user by sending an e-mail message to the user's mailbox or by sending a letter via postal mail to the contact address listed in the user's ezColony registration. ezColony users may contact RURO by filling out the "Comments and Ideas" form in the "Submitting comments and ideas" section of the ezColony Help system.



You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization.



If any part of this Agreement 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. Except as required by applicable non-U.S. local or national law, the laws of the State of Delaware, United States of America, excluding its conflicts of law rules, govern this agreement and your use of ezColony.



THE ezColony SERVICE IS PROVIDED BY RURO INC. AND IN EUROPE, RURO INTERNATIONAL. THE PERSONAL INFORMATION WHICH YOU GIVE RURO WILL BE USED TO ESTABLISH YOUR ACCOUNT (WHETHER A TRIAL ACCOUNT OR OTHERWISE) AND WILL BE TRANSFERRED TO AND MAINTAINED IN ezColony RECORDS IN THE UNITED STATES. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THE TERMS AND CONDITIONS FOR THE ezColony SERVICE.