Terms of Use

Terms of Use

  1. This website, including any Information, functionality, and services, (the “Site”) is owned by Rapid Ratings International Inc. (“RapidRatings™”, “we” or “us”). By accessing and using the Site, you agree to be bound by these Terms of Use, (“Terms”) the Privacy Policy, incorporated herein by reference. The words “you” and “user” refer to anyone who accesses the Site.
  2. We may change the Terms at any time without notice. If you use the Site after we have changed the Terms, you will be conclusively deemed to have consented to the modified Terms. Therefore, you should review the Terms carefully from time to time for changes. If you do not agree to the Terms, you should not and may not use the Site. We reserve the right to withdraw or amend this Site, and any Information we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
  3. The information provided on the Site is owned by or licensed to RapidRatings™ and its affiliates (the “Information”). We grant you a limited, personal, revocable, non-transferable license to use the Site and the Information in compliance with the Terms. Occasionally and on an irregular basis, you may print and download the Information and other materials provided on the Site (collectively, the “Content”) solely for your personal, non-commercial use [or, if you have entered into an Agreement with us, for business use]; provided the Content contains all copyright and other notices in the Information and such materials. However, except as expressly permitted herein, you may not modify, create derivative works of, copy, transmit, distribute, license, sell, or otherwise transfer the Content or any part thereof.
  4. Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local or international law or regulation, (b) to transmit, post, share, distribute, reproduce, or otherwise make available any material that is known by you to be fraudulent, false, or misleading, or any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (as determined in our sole discretion), (c) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined solely by us, may harm RapidRatings or users of the Site or expose them to liability, (d) 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, (e) use any robot, spider or other device, process or means, whether automated or manual, to access the Site for any purpose, including collecting, mining, scraping, monitoring or copying any of the Information on the Site, (f) use any device, software or routine that interferes with the proper working of the Site, (g) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (h) 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, (i) attack the Site via a denial-of-service attack or a distributed denial-of-service attack, (j) otherwise attempt to interfere with the proper working of the Site, (k) or systematically take data from the Information for another website or database, or directly or indirectly frame the Site.
  5. Intellectual Property Rights. The Information and Content, including the Site as a compilation and/or a collective work, is protected by law, including but not limited to the laws of the United States, and other copyright, trade secret, and trademark laws, as well as other national and international laws. RapidRatings name, and all related names, logos, products and service names, designs, and slogans are the trademarks of RapidRatings. All trade names, trademarks, service marks, and other commercial symbols (collectively, the “Marks”) on the Site are the property of their respective owners. You may not use any Mark without the permission of its owner. Except as expressly provided in the Terms, we do not grant you any express or implied right.
  6. Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE, INCLUDING CONTENT, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RAPIDRATINGS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY OF THE INFORMATION. RAPID RATINGS DISCLAIMS ANY RESPONSIBILITY TO UPDATE ANY INFORMATION OR MAINTAIN ACCURACY OF INFORMATION OVER TIME. WITHOUT LIMITING THE FOREGOING, NEITHER RAPIDRATINGS NOR ANYONE ASSOCIATED WITH RAPIDRATINGS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  7. A Financial Health Rating (FHR®), or any other product or report from RapidRatings, is not a recommendation or opinion that is intended to substitute for a financial adviser’s or investor’s independent assessment of whether to buy, sell or hold any financial products. The RapidRatings products are statements of opinion derived objectively through software from information about the relevant entity. This information and related analysis provided in the reports by RapidRatings do not represent an offer to trade in securities. The research information contained therein is an objective and independent reference source, which should be used in conjunction with other information in forming the basis for an investment decision. RapidRatings believes that all of its reports are based on reliable data and information, but RapidRatings has not verified this or obtained an independent verification to this effect. RapidRatings provides no guarantee with respect to the accuracy or completeness of the data relied upon, nor the conclusions derived from the data. Each FHR is a relative, probabilistic assessment of the credit risk of the relevant entity and its potential to meet financial obligations. It is not a statement that default will or will not occur given that circumstances change and management can adopt new strategies. Reports have been prepared at the request of, and for the purpose of, the subscribers to our service only, and neither RapidRatings nor any of our employees accept any responsibility on any grounds whatsoever, including liability in negligence, to any other person. Finally, RapidRatings and its employees accept no liability whatsoever for any direct, indirect, or consequential loss of any kind arising from the use of its ratings and rating research in any way whatsoever, unless RapidRatings is negligent in misinterpreting or manipulating the data, in which case, our maximum liability to our client is the amount of our fee for the report. Questions regarding this disclaimer should be addressed to RapidRatings Legal Department at legal@rapidratings.com.
  8. We may provide links to other websites for your convenience. We have not reviewed those sites, which are maintained by third parties over which we have no control, and no link we provide should be construed as an endorsement of any third party website or products or services from any third party. Further, the appearance of a hyperlink to the Site on any third party’s site does not mean we consented to the hyperlink. Users and others are prohibited from establishing hyperlinks to the Site without our prior written permission, which we may deny in our sole discretion.
  9. Access and Password. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You grant RapidRatings, our affiliates, and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You need a password to use certain portions of the Site. As part of the registration process, you must select a name and password and provide us with complete, accurate, and up-to-date information. You are solely responsible for the secrecy and use of your password as well as any communications or postings to the Site made through your password. We reserve the right to delete or change a password for any reason. You will notify us promptly if you become aware of the loss, theft, or unauthorized use of your password. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS RAPIDRATINGS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT. AUTHORITIES.
  10. Digital Millennium Copyright Act. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following: (a) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner, (b) identification of the copyrighted work(s) that you claim has been infringed, (c) a description of the material that you claim is infringing and the location of that material on the Site, (d) your address, telephone number and email address, (e) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send the completed notice to our Designated Agent for claims of copyright infringement. Our Designated Agent is at ATTN: Legal, Rapid Ratings International Inc., 86 Chambers St, Suite 701, New York, NY 10007, USA or legal@rapidratings.com.
  11. Internet Risk; Legal Liability. While we have tried to create a secure Site, we cannot guarantee the privacy or security of any communication or material sent to or from the Site. We also cannot guarantee that there will be no interruption in internet service, our network, other services, or our or your equipment, e.g., computers, communication lines, etc. Consequently, we are not responsible for the security, accuracy, or reliability of, or reliance on, access to or any Information transmitted to or from the Site. You acknowledge and assume the entire and complete risk of using the Site. We make no representation that the Information is appropriate or available for use in any particular location worldwide. You may not use the Site in any place where such access is prohibited. You acknowledge that unauthorized use or attempted use of the Site may result in civil or criminal prosecution. We may monitor and record activity on the Site without notifying you and without your knowledge or consent.
  12. Limitation of Liability. Neither Rapid Ratings, nor any employee, director, officer, or other person under our control or in our organization, shall have any liability whatsoever to you or any other person or entity for (a) any foreseen or unforeseen loss or damage in whole or in part caused by, resulting from, or relating to any error or other circumstance or contingency within or outside our control in connection with the provision, publication, compilation, analysis, interpretation, editing, transmission, communication, delivery of, or reliance upon, any Information or Content, or (b) any indirect, special, consequential, compensatory, or incidental damages whatsoever (including without limitation, money, profits, time, or good will lost). If, notwithstanding the foregoing, we are found liable to you for any reason, our maximum liability to you is, and you accept as your sole remedy, the amount we actually received from you for the applicable report. Given the nature of the risks involved and the fees, if any, received from you, you agree that the foregoing remedy is fair, reasonable, and just under all circumstances. The assignment, publication, or dissemination of a rating by us will not constitute our consent to use our name as an expert in connection with any registration statement filed under the United States securities laws or the securities laws of any particular jurisdiction. You agree that you will not file a class action, or participate in a class action against Rapid Ratings related to this Site.
  13. You will indemnify Rapid Ratings, its licensors and vendors, and all of their respective affiliates, employees, directors, officers, agents, and successors from all damages, liabilities, costs and expenses (including attorney fees and expenses, whether incurred as the result of a third party claim or a claim to enforce this provision), arising out of or related to your use of the Site, Information, or the Content or any breach by you of the Terms, whether or not the underlying claim is brought by you or any other person or entity.
  14. Governing Law and Jurisdiction. The Site is controlled by RapidRatings from its offices in New York, New York, in the United States of America. All matters relating to access to, or use of, the Site shall be governed by the laws of the State of New York and the United States of America. Any legal action or proceeding relating to access to, or use of, the Site or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts located in New York. By accessing or using the Site, you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use will remain in full force and effect while you are a user of the Site, and even after you are no longer a user of the Site, certain provisions of these Terms of Use will remain in effect.
  15. Waiver, Severability, Entire Agreement. No waiver of by RapidRatings of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RapidRatings to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and RapidRatings with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
  16. If you have any questions about these Terms, please contact us at legal@rapidratings.com

© Rapid Ratings International, Inc. 2017. All rights reserved.

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