2) Notwithstanding any other provision of this Agreement to the contrary, RISLA reserves the right to change, suspend, remove, or disable access to any Services, products, content, or other materials comprising any part of the Sites at any time without notice. In no event will RISLA incur any liability for changing, suspending, removing or disabling access to any such Services, products, content, or materials. RISLA may also impose limits on the use of or access to certain features or portions of the Sites, without notice or liability. You acknowledge and agree that it is your responsibility to review the Agreement and to familiarize yourself with any modifications. Your continued use of the Sites after any such modifications will constitute acknowledgment that you are aware of and consent to such modifications.
3) RISLA does not i) warrant or guarantee the accuracy or timeliness of any information available from the Sites; or ii) make any other warranty with respect to the Sites. RISLA provides the Sites “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” for your use, without warranties of any kind, either express or implied, including all warranties of merchantability, fitness for a particular purpose, or infringement. In jurisdictions that do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
4) RISLA does not guarantee, represent, or warrant that your use of the Sites will be uninterrupted or error-free, and you agree that from time to time RISLA may deny you access to the Sites for indefinite periods of time, or cancel the Sites at any time, without notice to you. You expressly agree that your use of, or inability to use, the Sites is at your sole risk.
5) In NO case shall RISLA, its directors, officers, employees, and agents be liable for any indirect, incidental, special or consequential damages arising from your use of any Services or the Sites. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, RISLA’s liability will be limited to the extent permitted by law.
Your Use of the Site and Services
6) The Sites and Services are offered to you conditioned upon your acceptance of this Agreement. By accessing or using the Sites or Services you acknowledge that you have read and agree to be bound by the terms and conditions of this Agreement and you represent that you have the legal authority to accept the terms and conditions of this Agreement. You will not use the Sites in any way that is: unlawful, harms RISLA, impairs the Sites or the networks connected to the Sites, or interferes with any other party’s use and enjoyment of the Sites. RISLA has sole discretion to decide whether you have done any of these things.
7) You are solely responsible for maintaining the confidentiality and security of your password. RISLA treats actions using your password as approved by you. You agree to immediately notify RISLA of any security breach of, or unauthorized use of your password. RISLA shall not be responsible for any losses arising out of the unauthorized use of your password.
8) You agree to provide accurate and complete information when you register with, and as you use, the Sites.
9) The substance of your communications through the Sites is your sole responsibility and subject to all applicable laws and regulations. By using any communications or interactive Service that may be available to you on or through the Sites, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that i) is unlawful, threatening , abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or contains explicit or graphic descriptions of an obscene nature; ii) victimizes, degrades, or is meant to intimidate an individual, or group of individuals, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or iii) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
10) RISLA has the right, but not the obligation, to monitor any communications submitted by you.
11) The use of the Services or the downloading or other acquisition of any materials from the Sites 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.
12) You may not use the Sites or Services in a manner that breaches the security of another user or attempt to gain unauthorized access to another network or server. Not all areas of the Sites may be available to you or other authorized users of the Sites. Users who violate systems or network security may incur criminal and/or civil liability.
13) You agree to indemnify, defend and hold harmless RISLA, its directors, officers, employees, and agents from and against all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Agreement, or misuse of the Sites or Services by you.
Information We Collect
Copyrights and Trademarks
15) For the purposes of this Agreement, “content” is defined as any information, data, communications, editorial content, software, photos, video clips, graphics, audio clips, files, reports, and other material and Services that can be viewed by users on the Sites.
16) By accepting this Agreement, you acknowledge and agree that all content presented to you on the Sites contains information and material that may be protected by copyrights, trademarks, service marks, patents or other proprietary rights, and intellectual property laws, and is the sole property of RISLA. You are only permitted to use the content as expressly authorized by RISLA or the specific content provider. You may not reproduce, modify, republish, upload, post, transmit, or distribute any materials from the Sites in any form or by any means without prior written permission from RISLA or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. Any unauthorized use of the materials appearing on the Sites may violate copyright, trademark, and other applicable laws and could result in criminal and/or civil penalties.
17) All custom graphics, icons, logos, and Service names are registered trademarks, trademarks, or service marks of RISLA. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, and/or the name of RISLA.
18) You agree not to sell, resell, reproduce duplicate, copy or use any portion of, or access to, the Sites for any commercial purpose.
Internet Communication and Email
19) You understand that using the Internet involves certain risks including security breaches, transmission errors, and interruptions in availability. You accept these risks when using the Sites and Services.
20) Information sent by email may not be secure. If you request information by email, you consent to RISLA responding by email if the law allows it. You accept the risk that a third party may intercept the information in the email you send to RISLA or in RISLA’s response. RISLA may choose not to respond by email.
21) Please do not send or request personal, sensitive, or confidential information by email.
22) All notices to a party shall be in writing and shall be made either via email or conventional mail. Email notices to RISLA must be sent to the attention of Customer Service and written communication must be sent to RISLA, PO BOX 81071, WARWICK, RI 02888-0089.
23) RISLA may broadcast notices or messages through the Sites to inform you of changes to the Sites or other matters of importance and such broadcasts shall constitute notice to you at the time of sending.
Links to Independent Websites
24) Some links provided on the Sites may lead to independent third-party web sites. RISLA provides these links to you for your convenience. The information presented on those sites is the sole responsibility of those site owners. You agree that RISLA is not responsible for examining or evaluating the content or accuracy of such sites. RISLA does not warrant, and will not incur any liability or responsibility for any such third-party materials and is not in any way responsible for such use by you.
25) If you fail, or RISLA suspects that you have failed, to comply with any of the provisions of this Agreement, RISLA, at its sole discretion, may terminate or suspend your use of the Sites.
26) Upon termination or suspension, regardless of the reasons, your right to use the Services available on the Sites immediately ceases and you acknowledge and agree that RISLA may immediately deactivate or delete your access and all related information and files in your account and/or bar any further access to such files or the Sites.
In the Case of Invalid Provision
27) If any part or provision of this Agreement is deemed to be invalid, all other parts or provisions shall remain valid.
28) No waiver by RISLA of any rights under any term or provision of this Agreement will constitute a waiver to enforce any other provision or right under this Agreement. Neither the course of conduct of the parties nor trade practices will act to modify any terms of this Agreement.
29) This Agreement does not change any other agreements between you and RISLA. If any terms of this Agreement conflict with the terms of another agreement between you and RISLA, then the terms of such other agreement control.
30) The Sites (excluding any linked sites) are controlled by RISLA from its offices within the State of Rhode Island, United States of America. The Sites can be accessed from all fifty (50) states, as well as from other countries around the world. By accessing the Sites you agree that the laws of the State of Rhode Island, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Sites and Services available through the Sites. Any suit to enforce the terms of this Agreement shall be brought in a court of competent jurisdiction within the State of Rhode Island.
31) The above terms and conditions constitute the entire Agreement and understanding between you and RISLA concerning the use of the Sites and Services and supersede all prior agreements and understandings with respect thereto.