TERMS AND CONDITIONS OF USE ("Terms and Conditions")
PLEASE READ THIS USER AGREEMENT (THIS "AGREEMENT") CAREFULLY BEFORE USING THE RALSTON REPORTS WEBSITE (THE "SITE"). YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THE SITE.
From time to time, we may change the terms of this Agreement. By continuing to use the Site after we post any such changes, you accept this Agreement, as modified.
We reserve the right to deny access to the Site, or any service provided via the Site, to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy the Site, or infringes on the rights of others.
If you have additional questions that are not answered here, please feel free to contact us.
The Site is owned and operated by the Company. The mailing address for the Company is 1500 Foremaster Lane, Las Vegas, NV 89101. All information provided on the Site is owned by or licensed to the Company. The Company and its licensors retain all proprietary rights to the Company Information. The Company has the right to use all material entered into the Site (other than third-party material transmitted through private electronic mail) in any of the Company's electronic publications. Except for making one hard copy print of limited portions of the Company Information on an ad hoc basis, or downloading as expressly authorized by the Company, the Company Information may not be reproduced, transmitted or distributed without the Company's permission. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting email@example.com.
The Site and its contents are intended solely for the use by the Company users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or any services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Content's copyright notice.
Notification of Copyright Infringement
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide the Company with written notice of same ("Notice"). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site.
In order to avoid confusion as to which materials and services are provided by the Company and which are not, you may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.
You are responsible for all of your activity in connection with any service provided on the Site and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to any service or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.
You are expressly prohibited from using the Site or any service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.
In addition, you will not obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site. Further, you will not take or attempt any action that, in the sole discretion of the Company, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site.
You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications ("User Submissions"), you are representing that you are the owner of the User Submissions, and you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against the Company for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions.
You agree to submit only User Submissions that are proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any User Submissions that: (i) infringe any intellectual property, privacy, or publicity rights of a third party; (ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitute, or encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (iv) contain a virus or other harmful component; (v) constitute or contain false or misleading indications of origin, statements of fact, or impersonations of another person or entity; (vi) constitute advertising or solicitation of business; (vii) disrupt the normal flow of activity on the Site; or (viii) constitute chain letters, pyramid schemes, virus hoaxes, false alarm messages, "spam," or similar material.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on the Site through which you can directly interact with others, such as chat rooms, bulletin boards, and other public posting areas ("Communications Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services. To protect your safety, please use your best judgment when using the Communications Services. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures using any of the Communication Services, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you.
We will, in the ordinary course of business, review the content of these Communications Services, including private electronic messages that are not addressed to us. We retain the right to edit or delete content that does not comply with the Company's standards. We maintain the right to do so and to use any other forms of information available to us by virtue of your use of the Site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this Agreement, or to protect the rights, property or safety of visitors to the Site, our customers, the public or employees, agents, partners and affiliates. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
- Posting any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
- Posting any content that is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, a manner that disguises the origin of any content you transmit through any Communications Service;
- Posting any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Posting any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Posting any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- Gathering for the purpose of "spamming" any e-mail addresses that users post in our chat rooms, forums and other public posting areas;
- Posting any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
- Posting any off-topic or irrelevant material to any chat room or forum;
- Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
- Violating or encouraging others to violate any applicable local, state, national or international law, rule, regulation or ordinance;
- "Stalking" or otherwise harassing another;
- Posting any content that discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- Collecting or storing personal data about other users;
- Posting any content that "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
- Gaining unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means; or
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Site.
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Site, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Company provides the Content available through the Site for informational purposes only. You may only use the Content, and any services available through the Site, for your personal and non-commercial use. While the Company tries to ensure that information posted to the Site is both timely and accurate, and that the services offered are reliable, errors may occur from time to time. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.
Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711)
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
Registration and Security
As a condition to using any services provided on the Site, you may be required to register with the Company and select a password and user name ("Company User ID"). You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) select or use as a Company User ID a name of another person with the intent to impersonate that person, or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Company password.
This policy and the use of this Web site are governed by Nevada law. Any claim related to the Web site or this policy shall be brought in a federal or state court in Las Vegas, Nevada, within one year after the claim arises. You agree no such claim may be brought as a class action. Users of this Web site consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy. The Company is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. You hereby consent to this transfer.
Limitation of Liability
Under no circumstances shall the Company, their affiliates or any of their employees, directors, officers, agents, licensors, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site or any services available through the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of the Company or its affiliates has been advised or should have known of the possibility of such damages.
If you are dissatisfied with the Site or any content on the Site, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of the Company and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed U.S. $250.
This Site contains links to other websites which are provided solely as a convenience to you and not as an endorsement by the Company, its third party providers or distributors of the contents of such other websites. Neither the Company nor any third party provider or distributor shall be responsible for the content of any other websites. Neither the Company nor any third party provider or distributor make any representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
If the Company or its affiliates take any action to enforce this Agreement and these Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
You acknowledge that a violation or attempted violation of this Agreement and the Terms and Conditions will cause such damage to the Company as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Either party may terminate any service provided through the Site at any time by notifying the other party by any means. The Company may also terminate or suspend any and all services and access to the Site immediately, without prior notice or liability, if you breach any of the Terms and Conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Notification and Contact Information
To the extent that the Company may need to contact you, you agree that the Company may do so via any electronic means, included but not limited to communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site or the services offered by the Company, you may contact Ralston Reports as indicated below. The Company will attempt to respond to your questions or concerns promptly upon receipt.
- E-mail contact: firstname.lastname@example.org
- Telephone contact: 702-870-7997
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with the Company's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind the Company in any respect whatsoever.