TERMS OF USE

THE FOLLOWING TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEBSITE OR SUBSCRIBE TO ANY OF OUR SERVICES. YOUR USE OF OUR WEBSITE AND/OR SUBSCRIPTION TO OUR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

RALSTON provides its website and online tools (hereinafter referred to as the “Site”) and its subscription services (hereinafter referred to as the “Services”) for your individual use, subject to compliance with the “Terms of Use” set forth herein. All commentary and information provided by RALSTON, including all information found on the Site and/or provided by RALSTON in connection with the Services, are provided for informational purposes only.

AGREEMENT

By using the Site and/or subscribing to RALSTON’s Services, you represent that you have read these Terms and agree to be bound thereby. You further represent that by using the Site and/or subscribing to the Services that: you are at least 18 years old; you have the capacity to be bound by these Terms; and/or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. If you do not agree to the terms and conditions, RALSTON does not consent to your access to the Site or use of the Services; IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND/OR THE SERVICES.

SECTION 1: MEMBERSHIP APPLICATION AND AGREEMENT

1.1 Membership Requirement

To have access to certain “members only” sections of the Site or to receive other services, you must be or become a member. Membership is by application and is subject to RALSTON’s sole discretion. When you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (b) maintain and update your information to keep it accurate, current, and complete, and (c) maintain a current and active credit card on file with RALSTON for payment of the monthly subscription fee. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, RALSTON reserves the right to terminate your subscription and your use of the Site and Services. Once accepted, you will be invited to enroll and this agreement becomes binding.

1.2 Changes to the Terms of Use

RALSTON reserves the right to, at any time and without prior notice to you, do the following: Amend or revise the Terms of Use; change the Site and/or Services, including eliminating or discontinuing any content or feature of the Site and/or Services; impose fees, charges or other conditions for use of the Site and/or Services (with reasonable notice); refuse to provide a subscription to the Site and/or Services to any person(s) or entity for any reason; and terminate an existing subscription to the Site and/or Services for just cause as RALSTON may determine is appropriate in its sole and absolute discretion. By using the Site and/or Services, you agree to be bound by the Terms of Use as in effect from time to time. Any changes to the Terms of Use will be effective days after the changes are posted on the Site. Your use of the Site after such posting will be deemed acceptance of such changes. Please review the Terms of Use regularly for any amendments or revisions.

1.3 Member Conduct

All information contained on the Site and/or provided in connection with the Services is intended for use only by the subscribed member whose name appears on RALSTON’s records. You hereby warrant and represent that you will not share any such information with any third party in any form without written consent from RALSTON. Passwords and usernames, if any, provided by RALSTON to you are for your use only and you agree that you will not share your passwords and usernames with any third party. You hereby agree that excessive or simultaneous account logins from different IP addresses may result in termination of access to the Site or Services without refund. Redistribution of any information, in whole or part, provided by RALSTON is strictly prohibited. You hereby warrant and represent that you shall not and will not republish, upload, post, transmit or distribute content from the Site or the Services to online bulletin boards, newsgroups, chat rooms, or any other forums in any other manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own use is a violation of our copyright and other proprietary rights and can subject you to legal liability.

1.4 Site Use

In connection with your use of the Site, you agree not to: Restrict or inhibit any other person from using the Site, including, without limitation, by means of “hacking,” “cracking,” or defacing any portion of the Site or the Services; use the Site and/or the Services for any unlawful purpose; express or imply that any statements you make are endorsed by RALSTON; modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or the Services; “frame” or “mirror” any part of the Site without our prior written authorization; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; harvest or collect information about visitors to the Site without their express consent; intentionally re-register for multiple free trials to the same publication under different email addresses within a six-month period as a means to avoid paying for any Service; transmit

(a) any content or information that is illegal, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights;

(b) any material, non-public information about companies without the authorization to do so;

(c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication;submit content that contains software viruses, mass mailings, chain letters, or any form of spam or flooding; use a false e-mail address, impersonation of any person or entity, or otherwise mislead as to the origin of information; transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; remove any copyright, trademark, or other proprietary rights notices contained in the Site; and/or permit anyone else whose account or subscription was terminated or who has not registered with RALSTON to use any portion of the Site and/or Service through your subscription, username or password.

BY USING THE SITE AND/OR THE SERVICES, YOU ALSO AGREE TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, AND/OR THE CONTENT MADE AVAILABLE THEREIN OR THEREBY.

1.5 Username and Password

As part of the application and registration process, you will also be asked to select a username and password. RALSTON may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by RALSTON in its sole discretion. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information and immediately notify RALSTON.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

By subscribing to the Services, you agree to accept responsibility for all activities that occur under your subscription account or password.

SECTION 2: RALSTON’S INTELLECTUAL PROPERTY RIGHTS

2.1 Intellectual Property

Except as otherwise indicated, the Site, the content contained therein, and any other content provided in connection with the Services (collectively, the “Materials”), including, but not limited to, the text, video, transcripts, charts, information, material, software, audio clips, digital downloads, data, data compilations, and graphics contained on the Site, are owned by RALSTON or its suppliers/licensors and are protected by copyright, trademark, and other intellectual property laws and treaties. RALSTON makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site or in connection with the Services. Any third-party names, trademarks, and service marks are the properties of their respective owners.

2.2 Content Restrictions

Except as otherwise provided herein, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without RALSTON’s prior written permission. You may download one copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to any other person. RALSTON reserves the right to change, update, discontinue, or restrict or prevent access to the Materials at any time without notice.

2.3 User Submissions

By posting a message or contributing in any way to the Site, including, but not limited to, sending comments and e-mail, to the Site or RALSTON, you expressly grant RALSTON the right to use in any way your message or other contribution as part of its property. By using the Site and/or Services, you understand and acknowledge that you do not acquire any ownership rights to any content generated or provided by RALSTON.

By sending or transmitting to RALSTON creative suggestions, ideas, notes, concepts, information, or other materials, you grant RALSTON and its designees a worldwide, non exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable property right in such materials, and in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the materials. By submitting information, you also represent and warrant that the content is accurate; you own or have permission to use the content that you submit; and your use of the content will not cause injury to any person or entity. RALSTON takes no responsibility and assumes no liability for any content posted by you or any third party.

2.4 Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by RALSTON or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter notices must meet the then-current statutory requirements imposed by the DMCA; for details please visit http://www.loc.gov/copyright/. Notices and counter-notices hereunder should be sent to: Wild Media, LLC 732 S 6TH ST, STE N, LAS VEGAS, NV, 89101, USA. RALSTON suggests that you consult your legal advisor before filing a notice or counter notice. Also, be aware that there can be penalties for false claims under the DMCA.

SECTION 3: PRIVACY POLICY

3.1 Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our website, you agree to the practices described in the Privacy Policy.

SECTION 4: LIMITATION OF LIABILITY

4.1 Disclaimer of Warranties

THE SITE, THE SERVICES, THEIR CONTENTS, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE OR THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PLATFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE OR PROVIDED IN CONNECTION WITH THE SERVICES.

A possibility exists that the Site could include inaccuracies or errors, or materials that violate these terms. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although the Platform attempts to ensure the integrity of the Site and the Services, the Platform makes no guarantees as to the completeness or correctness of any content on the Site or provided in connection with the Services. If such a situation arises, please provide RALSTON a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable RALSTON to contact you. RALSTON will try to address your concerns as soon as reasonably practicable. The Platform and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Site and/or Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or the server(s) on which the site are hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site and/or Services, and all charges related thereto. You assume total responsibility and risk for your use of the Site and/or Services and your reliance thereon. No opinion or statement of the Platform or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the Site and/or Services and any materials provided through the Site and/or Services are entirely at your own risk.

4.2 Limitation of Liability

BY USING THE SITE AND/OR SUBSCRIBING TO THE SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND/OR SERVICES, AS WELL AS THE INTERNET GENERALLY. NEITHER RALSTON, NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THEREWITH, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH OR FROM RALSTON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SERVICES IS TO STOP USING THE SITE AND/OR SERVICES. BY AGREEING TO THESE TERMS, YOU HEREBY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF RALSTON TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL RALSTON BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF RALSTON OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.3 Links to Third-Party Sites

The Site may contain links to other internet web sites or resources. These links are provided for convenience purposes only. RALSTON neither controls nor endorses such other web sites, nor has RALSTON reviewed or approved any content that appears on such other web sites. You acknowledge and agree that RALSTON shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damage caused or alleged to have been caused using or in reliance on any such content. RALSTON does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply endorsement, authorization, sponsorship or affiliation by RALSTON with respect to any third party, any third party’s website, the content of any third party's website, or any products or services provided by a third party.

4.4 Geographical Access

The Site is solely directed to individuals residing in the United States. The Platform makes no representation that materials in or related to the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

4.5 Indemnification

You hereby agree to indemnify, defend and hold RALSTON, its officers, directors, employees, independent contractors, agents, and representatives (“Indemnified Party”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorney fees), or other expenses that arise directly or indirectly out of or from (a) your violation of these Terms; (b) your use of the Site; (c) your use of the Services; (d) your violation of the rights of any third party; (e) your activities in connection with the Site and/or Services; and/or (f) any content you submit, post, transmit, or make available through the Site and/or Service. Member’s duty to defend and pay attorney fees and costs under this Agreement shall arise at the time any claim is made against the Indemnified Party. The Indemnified Party shall retain choice of counsel for any defense associated with a claim made under this Agreement.

SECTION 5: GENERAL PROVISIONS

5.1 Governing Law & Jurisdiction

The Terms of this Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of Nevada, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the United States or the State of Nevada. By using the Site and/or Services, you consent to the jurisdiction of the state and federal courts of Clark County, Nevada, U.S.A. for any action or proceeding arising under or relating to the Terms, the Site, the Service and/or any matter related thereto. Any legal action or proceeding relating to your access to or use of the Service must be instituted in a state or federal court in the state of Nevada, County of Clark, and you expressly consent to the jurisdiction of these Nevada courts.

5.2 Assignment

This Agreement may be assigned at any time by RALSTON without the express written consent of member.

5.3 Interpretation

Plural shall be substituted for the singular form and vice versa in any place or places herein in which the context requires such substitution or substitutions. Member represents that it has read and understood each provision of this Agreement and has been provided the opportunity to discuss this Agreement with legal counsel. Member therefore stipulates and agrees that the rule of construction to the effect that any ambiguities are to be or may be resolved against the drafting party shall not be employed in the interpretation of this Agreement to favor any party against another.

5.4 Headings

The paragraph headings and the index to this Agreement are for convenience and reference only; and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement.

5.5 Severability

If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.

5.6 Attorney Fees

In the event any dispute between the parties should result in any claim, RALSTON shall be reimbursed for all reasonable attorney fees and costs incurred in connection with such litigation.

5.7 Waiver

Member covenants and agrees that no waiver at any time of any of the provisions hereof by RALSTON shall be construed as a waiver at any subsequent time of the same provisions. The consent or approval of RALSTON to or of any action by member requiring consent or approval of RALSTON shall not be deemed to waive or render unnecessary RALSTON’s consent or approval to or of any subsequent similar act by member.

5.8 Entire Agreement

This Agreement shall constitute the only agreement among the parties with respect to the subject matter stated herein and shall supersede all prior agreements between the parties, whether written or oral. This Agreement may be amended only by a writing executed by all parties hereto.

If you have any questions or concerns regarding the Terms of Service, please contact RALSTON via email at [email protected].