Terms of Service

Last Updated: October 31, 2018

The following terms of use (the “Terms”) constitute a binding agreement between you and the Richmond Standard (“Richmond Standard,” “we,” or “us”) with respect to your use of our website available at www.richmondstandard.com, our RS News Mobile App, or any other domain that includes an authorized link to these Terms (collectively, the “Site”).  By accessing and using the Site, you agree to the terms and conditions set forth in these Terms and our Privacy Policy, which is incorporated herein by reference.  If you do not agree with any of these Terms or our Privacy Policy, you may not access or use the Site for any purpose.

1. CHANGES TO TERMS

We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

2. SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the “Content”).

You agree not to:

• except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without our express written permission;
• collect information from the Site using an automated software tool or manually on a mass basis;
• use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
• obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
• “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
• send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
• use the Site to promote or operate any service or content without our prior

Written consent;

• restrict or inhibit other users from accessing or using the Site;
• modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
• access or use the Site or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms.

You agree that any sweepstakes, contests or other promotions offered by or on behalf of the Richmond Standard are subject to the specific terms outlined by the Richmond Standard for those sweepstakes, contests or other promotions.

3. OWNERSHIP

The Site and the Content are owned by the Richmond Standard and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of the Richmond Standard and its licensors. You acknowledge and agree that, as between you and the Richmond Standard, the Richmond Standard is and shall remain the sole owner of the Site and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

4. RESPONSIBILITY FOR USER GENERATED CONTENT POSTED ON OR THROUGH THE SITE

In these Terms, “User Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through the Site, including those posted using the social networking tools we make available to Site users.

You are solely responsible for the User Generated Content that you post on or through the Site. Under no circumstances will we be liable in any way for any User Generated Content posted on or through the Site. Such User Generated Content may be posted on or accessed through the Site in our sole discretion.

This means that you, not the Richmond Standard, are entirely responsible for all User Generated Content that you upload, post, transmit or otherwise make available to others on or through the Site and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others. If any part of the User Generated Content you submit is not your original work, it is your responsibility to obtain any necessary permission before you post that User Generated Content on or through the Site.

Because we do not control the User Generated Content posted on or through the Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing the Site, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on or through the Site. The User Generated Content posted on or through the Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of the Richmond Standard or any person or entity associated with the Richmond Standard.

You own User Generated Content you submit, but we may use it. You own the copyright in any original User Generated Content you post on or through the Site. We do not claim any copyrights in User Generated Content created and posted by individual visitors on or through the Site. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through the Site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not submit any User Generated Content that you do not wish to license to us, including any confidential information or product ideas. Please see our Privacy Policy for a description of how we may use personal information contained in User Generated Content that you post on or through the Site.

We reserve the right (but do not have the obligation) to monitor all User Generated Content. We reserve the right to require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws. We reserve the right (but do not assume the obligation) to remove or block any User Generated Content at any time without notice at our sole and absolute discretion. We may disclose and/or remove User Generated Content.  The Richmond Standard reserves certain rights. We reserve the right (but do not have the obligation) to monitor all User Generated Content. We reserve the right to require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws. We reserve the right (but do not assume the obligation) to remove or block any User Generated Content at any time without notice at our sole and absolute discretion. We reserve the right to disclose any User Generated Content and the identity of the user who posted or transmitted that User Generated Content. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of the Site, or to censor, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of the User Generated Content, and the user who made such User Generated Content available on or through the Site will retain ownership thereof as described above..

It is a condition of these Terms that you do not:

• upload, post, transmit or otherwise make available
  • any User Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
  • any User Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
  • any User Generated Content that is false, misleading, or fraudulent;
  • any User Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any User Generated Content that violates or infringes upon the rights of others, including User Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
  • any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
  • any request for or solicitation of any personal or private information from any individual;
  • any request for or solicitation of money, goods, or services for private gain;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • any User Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• violate any local, state, national or international law, rule or regulation.

By posting User Generated Content on or through the Site, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen years old and you have read and understood-and your User Generated Content fully complies with-these Terms and applicable laws and will not cause injury to any person or entity.

Remember, you are legally responsible for your User Generated Content. You can be held personally liable if your User Generated Content is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the rights of others. You are also legally responsible for any User Generated Content submitted by anyone logging onto the Site using your username and password, including those doing so without your authorization.

5. YOUR FEEDBACK

In these Terms, “Feedback” refers to the content you post on or through the Site, other than User Generated Content, that is specifically about how we can improve the Site and the products and services we make available through the Site. Although we do not claim ownership of User Generated Content you post on or through the Site, the Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

6. REMOVAL OF CONTENT

On certain pages of the Site, we may provide to you a tool to report objectionable content posted by other Site users. If that tool is not available, you can report such content by e-mailing us at [email protected]. While we do not have any obligation to remove content from the Site merely because of a removal request, we will review all such requests and will remove content that we determine should be removed, in our sole discretion and in accordance with our Terms and our Privacy Policy and applicable law. Please be aware, however, that if the content has already been distributed to other websites or published in other media, we may not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from the Site may remain on back-up servers.

7. LINKS TO THIRD PARTY WEBSITES

The Site may contain links to third-party websites. These links are provided for your convenience only. We have no control over third-party websites and we cannot be responsible for the content of such websites or the privacy practices of third parties. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies

8. ACCOUNT REGISTRATION AND SECURITY

Access to and use of the Site, or certain services provided via the Site, may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify the Richmond Standard of any unauthorized use of your account, or any other breach of security.  The Richmond Standard is not liable for any loss or damage arising from your failure to protect your username or password.

9. PRIVACY POLICY

All Personally identifiable information that the Site may collect is subject to, and treated in accordance with, the terms of the Richmond Standard’s Privacy policy.

10. THIRD-PARTY MATERIALS, GOODS AND SERVICES

The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that the Richmond Standard is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof.  The Richmond Standard does not assume and will not have any liability to you or any other person or entity for any Third Party Materials.  Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The Richmond Standard is not responsible or liable for your transactions, dealings or interactions with third parties.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold the Richmond Standard and its owners, affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the “the Richmond Standard Entities”) harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of the Richmond Standard.

12. DISCLAIMERS

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND the Richmond Standard HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE RICHMOND STANDARD DOES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DOES THE RICHMOND STANDARD REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE RICHMOND STANDARD IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RICHMOND STANDARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE RICHMOND STANDARD’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OF THE SITE OR ANY CONTENT IS LIMITED TO U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 8 and this Section 9 may not apply to you.

14. RESERVATION OF RIGHTS

The Richmond Standard reserves all of the Richmond Standard’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Richmond Standard may have in and to the Site and the Content. Other than as set forth in these Terms, the use of the Richmond Standard’s rights and property requires the Richmond Standard’s prior written consent. By making services available to you, the Richmond Standard is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site without the Richmond Standard’s prior written consent.

15. CHANGES; SUSPENSION AND TERMINATION

Changes to the Site.  The Richmond Standard reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that the Richmond Standard will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access.  The Richmond Standard has the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms.

The Richmond Standard makes no representations that the Content is appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors.

16. MISCELLANEOUS

Applicable Law, Jurisdiction and Venue.  You agree that these Terms and any dispute arising out of your use of the Site, Content, or products purchased through the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site or Content shall be instituted exclusively in the federal or state courts located in San Francisco, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restrictions.  The Richmond Standard is based in the State of California in the United States. The Richmond Standard makes no claims that the Site or Content are accessible or appropriate outside of the United States. Access to and use of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Waiver of Jury Trial.  YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE, SERVICES OR CONTENT.

Waiver and Severability.  Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement.  These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and the Richmond Standard with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Questions. If you have any questions about the Site or these Terms, please contact us at [email protected].