TERMS OF SERVICE FOR RALSTON
THE FOLLOWING TERMS OF SERVICE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ THE FOLLOWING TERMS OF SERVICE 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 Service” 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.
Service-Specific Terms. Certain Services offered by RALSTON are governed by additional service specific terms set forth within these Terms of Service, including service descriptions, access details, payment terms, cancellation terms, and refund policies (collectively, “Service Terms”). The applicable Service Terms are those contained in Section 2 (Services and Offerings) and Section 4 (Payment, Cancellation, and Refunds) corresponding to the specific Service purchased by the Member. By enrolling in or purchasing a Service, the Member acknowledges and agrees to the applicable Service Terms. In the event of any conflict between these general Terms of Service and the applicable Service Terms, the Service Terms shall control solely with respect to that Service.
SECTION 1: MEMBERSHIP AGREEMENT
“Content” means all materials made available through the Site or Services, including recordings, replays, videos, live streams, transcripts, templates, playbooks, posts, downloads, and resources.
“Recordings” means any audio or video recordings of calls, live streams, AMAs, office hours, or sessions, and any associated transcripts.
“Resources” means downloadable files RALSTON makes available in the designated “Resources” space (or equivalent labeled download library) in the community platform.
“Organization” means the Member’s internal business entity and its personnel.
“Authorized Team Members” means the Member’s employees and individual contractors who are actively providing services to the Organization and who need access for internal business purposes. Authorized Team Members exclude the Member’s clients, customers, audience, community, subscribers, “accountability groups,” other founders, partner businesses, affiliates, and any third party not working inside the Organization.
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 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 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. This agreement becomes binding upon your enrollment or purchase of any Ralston program or service.
1.2 Changes to the Terms of Service
By using the Site and/or Services, you agree to be bound by the Terms of Service as in effect from time to time. Please review the Terms of Service regularly for any amendments or revisions.
1.2.1 Non-Material Changes
RALSTON reserves the right to, at any time and without prior notice to you to change any non material provision of the Terms of Service. Any non-material changes to the Terms of Service will be effective 1 day after the changes are posted on the Site.
1.2.2 Material Changes
RALSTON will provide you with at least seven (7) days’ email notice before implementing any material change to these Terms of Service, the Site, or the Services, including any change that eliminates or discontinues content or features of the Site or Services, imposes or modifies fees or charges, or materially alters the conditions for access to or use of the Site or Services. If you do not object in writing before the expiration of the seven (7) day notice period, you will be deemed to have waived any objection to the proposed change, and RALSTON may implement the change, whereupon it will become binding between the parties. Your use of the Site after such posting will be deemed acceptance of such changes.
1.3 Member Access and Conduct
For purposes of these Terms, “Member” means the individual who will personally access and participate in the Services, as identified to RALSTON at the time of enrollment, regardless of the name on the payment method.
All access credentials, login information, and live session links provided in connection with the Services are issued to a single authorized Member and may not be shared, transferred, or used by any other individual. Only the Member is permitted to access the Site, live sessions, and member-only areas using these credentials. Excessive or simultaneous logins from different IP addresses may result in suspension or termination of access without refund.
Except as expressly permitted under Section 2 (Services and Offerings), all access to and use of the Services is limited to the Member. Any internal sharing permissions are limited to the specific allowances stated in Section 2.3.1 and Section 2.3.2 and do not grant any right to share login credentials, live links, or platform access.
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 RALSTON's 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 subscription 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 registration process, you may 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: SERVICES AND OFFERINGS
Services are provided on an access basis only and do not include deliverables, guarantees of outcomes, or individualized consulting unless expressly stated in writing.
2.1 Ralston Select (Service Terms)
Enrollment in Ralston Select grants the Member access only to the services expressly described in this Section 2.1 (the “Select Services”).
2.1.1 Scheduled Live Streams
Access to one (1) scheduled live stream per calendar month with RALSTON’s Content Director, during a window of time that ranges from one to two (1-2) hours depending on demand. Live streams are presentation-based and do not guarantee real-time interaction or responses.
Members may be invited to submit content for review during live streams. By submitting content, the Member grants RALSTON and its affiliates a non-exclusive, royalty-free, worldwide license to display, discuss, and provide feedback on the submitted content during the live stream and in any recordings of the session. Members represent and warrant that they own or have all necessary rights to submit the content and that RALSTON’s use as described will not infringe the rights of any third party.
RALSTON retains all rights in the live stream recordings and related materials, including the right to use, reproduce, and distribute such recordings in any media, without additional compensation to the Member.
2.1.2 Scheduled “Ask Trevor Anything”
Access to one (1) scheduled asynchronous “Ask Trevor Anything” session per calendar month conducted within RALSTON’s designated community platform.
Participation grants the Member the opportunity to submit questions during the session window. Responses are provided at RALSTON’s sole discretion, and RALSTON does not guarantee that all questions will be reviewed or answered. RALSTON reserves the right to prioritize questions based on relevance, clarity, and time constraints. Unanswered questions do not roll over, carry forward, or entitle the Member to additional access, credits, or refunds.
2.1.3 Resources
Access to a curated library of educational resources made available by RALSTON from time to time, which may include playbooks, guides, templates, and similar materials. RALSTON does not guarantee the availability, completeness, accuracy, or continued accessibility of any particular resource or category of resources.
2.2 Recordings, Downloads, and Use Restrictions
All calls and live streams provided as part of the Services are provided for general educational purposes only and do not constitute legal, financial, tax, or professional services.
RALSTON may, in its discretion, reschedule, modify, or cancel calls and will provide notice as reasonably practicable. Call dates, times, formats, durations, presenters, and delivery methods may change at any time.
Recordings and transcripts are provided for streaming access only. Members may not download, save, copy, capture, screen-record, rip, store, export, retransmit, publish, or share any Recordings or transcripts, in whole or in part, regardless of whether a technical method to do so exists. The only Content that may be downloaded by Select Members is Resources, and only as permitted under Section 2.2.1.
Any use of Content must also comply with Section 5 (Intellectual Property). Unauthorized use constitutes Cause for termination under Section 4.3.
2.2.1 Permitted Internal Use for Ralston Select Resources Only
Subject to continued compliance with these Terms, Select Members are granted a limited, non-exclusive, non-transferable, revocable license to download and share Resources internally within their Organization solely for internal business or educational purposes, and only with Authorized Team Members.
For clarity: Select Members may not download, share, or distribute Recordings or transcripts under any circumstances. Select Members may not share Resources outside the Organization, including with clients, audiences, affiliates, other founders, or the general public.
2.3 Ralston Emails
Email access to the RALSTON team is limited to technical support, account and membership inquiries (including billing and termination), and issues related to access or use of the subscription services. RALSTON does not guarantee response times or resolution outcomes.
2.4 Updates to Services and Resources
RALSTON may modify, add, remove, or update any part of its offerings at any time. This includes scheduled calls, live stream sessions, asynchronous sessions, community features, resources, playbooks, courses, and any materials provided through Reserve, Select, or any other RALSTON program. Updates may be made to maintain quality, improve the experience, or reflect changes in RALSTON’s processes and frameworks. Continued use of the services after changes are made confirms your acceptance of the updated offerings. Any changes to scheduled calls or live streams remain subject to the notice provisions set forth in Section 2.2 where applicable.
SECTION 3: ADVISORY DISCLAIMER AND NO GUARANTEES
All live streams, calls, sessions, office hours, one-on-one meetings, group discussions, feedback, materials, recordings, and communications provided by RALSTON are for general advisory and educational purposes only. Nothing provided by RALSTON constitutes legal, financial, tax, medical, or other professional advice, and no fiduciary relationship is created.
Members acknowledge that business, content, and brand decisions involve risk and that outcomes depend on numerous factors outside of RALSTON’s control. RALSTON makes no guarantees, representations, or warranties regarding specific results, revenue, growth, or outcomes.
Members are solely responsible for their decisions, actions, and results and agree to consult their own professional advisors as appropriate.
SECTION 4: PAYMENT, CANCELLATION, AND REFUNDS
4.1 Ralston Select (Payment Terms)
Members may enroll in Ralston Select on an annual subscription.
The standard annual rate for Ralston Select is THREE THOUSAND DOLLARS ($3,000.00), charged in full on the Membership Start Date. This payment covers membership access for twelve (12) months beginning on the Membership Start Date.
From time to time, RALSTON may offer promotional or introductory pricing. During such promotional periods, RALSTON may offer an annual membership at a discounted total rate, including an installment payment option. For example, during an introductory offer, Members may enroll at a total annual rate of TWO THOUSAND FOUR HUNDRED DOLLARS ($2,400.00), payable either: (a) in full on the Membership Start Date; or (b) in two (2) installments, with one-half (50%) due on the Membership Start Date and the remaining balance due thirty (30) days thereafter.
By selecting an installment option, the Member agrees to pay the full applicable annual subscription amount. The installment option is a payment accommodation only and does not create a month-to-month membership or a shorter-term commitment. The Member remains obligated for the full annual subscription amount.
Failure to successfully process any scheduled installment payment constitutes a material breach of these Terms and may result in suspension or termination of access for Cause. Upon any such failure, RALSTON may, in addition to any other rights or remedies available under these Terms or applicable law, suspend or terminate your access to the Site and/or Services, accelerate and declare immediately due and payable all unpaid amounts owed for the applicable subscription term, and recover from you all costs of collection, including reasonable attorney fees, court costs, collection agency fees, chargeback fees, and other expenses incurred in collecting amounts due, to the fullest extent permitted by law. Any overdue amounts shall accrue interest at the maximum rate permitted by applicable law or, if no maximum rate applies, at the applicable statutory rate. Suspension or termination of access for Cause does not waive, reduce, release, or otherwise affect your obligation to pay all amounts due under these Terms, including any accelerated unpaid balance for the applicable subscription term.
Unless otherwise stated at the time of enrollment, annual subscriptions will automatically renew every twelve (12) months at the then-current annual rate and the applicable fee will be charged to the payment method on file unless canceled in accordance with these Terms.
4.2 Membership Start Date (Select)
The Membership Start Date for Ralston Select is the date the Member’s initial payment is successfully processed. Access to RALSTON’s designated community platform will be provided as soon as reasonably practicable following payment.
Upon access, the Member will receive entry to the community and any resources made available at that time. The Member acknowledges and agrees that certain features, resources, live streams, group sessions, and asynchronous sessions may be released on a scheduled or rolling basis and may not be available immediately upon enrollment. The timing and availability of such features will be determined by RALSTON in its discretion and may be communicated separately.
The phased or delayed availability of specific resources, live streams, or sessions does not constitute a failure to provide the Services and does not entitle the Member to a refund, credit, or extension of the membership term.
RALSTON may, in its sole discretion, provide early or additional access to certain Members without creating any obligation to provide similar access to other Members.
4.3 Termination (Select)
“Cause” means any material violation of these Terms, including but not limited to: (a) failure to make timely payments; (b) sharing or misuse of access credentials; (c) violation of RALSTON’s intellectual property rights; (d) harassment, abusive, or disruptive behavior toward RALSTON staff or other members; (e) unlawful conduct; (f) fraud or misrepresentation; (g) misuse of the Site or Services; (h) or any conduct that RALSTON determines, in good faith, materially interferes with the operation, integrity, or purpose of the Services. Member acknowledges that unauthorized copying or distribution of Content may cause irreparable harm for which monetary damages may be insufficient. Member agrees that RALSTON may seek injunctive or equitable relief in addition to any other remedies available at law.
By using the Site and/or Services, you hereby warrant and represent that you understand and agree that RALSTON may terminate or suspend your access to the Site and/or Services at any time for Cause, without prior notice and without refund. RALSTON may also terminate your membership without Cause at its discretion. In such event, RALSTON will provide a pro-rated refund for the unused portion of the applicable subscription term in accordance with Section 4.5.3 below. RALSTON reserves the right to temporarily suspend access to the Site and/or Services while investigating any suspected violation of these Terms. You acknowledge that two (2) late payments within a six-month period shall constitute Cause for termination.
4.4 Cancellation (Select)
Members may cancel a Ralston Select subscription at any time by selecting “Cancel Ralston Select Membership” under the Links section within RALSTON’s designated online community platform. This action will redirect the Member to RALSTON’s Stripe-managed customer portal, where the Member must authenticate using the email address associated with the payment method on file. A cancellation completed through the Stripe customer portal constitutes valid and effective notice of cancellation.
Upon cancellation, the Member’s access to Ralston Select will continue through the end of the then-current subscription term. At the conclusion of that term, the membership will automatically terminate and no further charges will be made to the Member’s payment method. No refunds or credits will be issued for any unused portion of the subscription term, except as expressly provided in Section 4.5.
All cancellations apply only to future billing cycles and do not affect charges incurred prior to the effective cancellation date. Cancellation of a subscription does not automatically opt the Member out of receiving non-transactional emails or other communications. Members may separately request to opt out of such communications by contacting RALSTON in writing, and such requests will be processed within a reasonable timeframe.
4.5 Refunds (Select)
Except as expressly provided in this Section 4.5, all payments made for any and all RALSTON products and/or services are final and non-refundable.
4.5.1 7-Day Cooling-Off Period
We want to ensure that RALSTON is the right fit for you. If you are not satisfied with your purchase, you may request a full refund within seven (7) days of your initial transaction date (i.e., the Membership Start Date) by contacting us at [email protected]. This cooling-off period applies regardless of whether you selected a paid-in-full or installment payment option. No additional or separate cooling-off period applies to any subsequent installment payment. After this 7-day window, no automatic refunds will be issued.
4.5.2 Discretionary Exceptions
RALSTON reserves the right to issue refunds, credits, or prorated reimbursements at its sole and absolute discretion in exceptional circumstances (e.g., medical emergencies or significant service failures). The granting of a refund in one instance does not create an obligation to provide refunds in similar future instances.
4.5.3 Company Cancellation
In the event that RALSTON cancels a scheduled call (and does not reschedule) or terminates your membership without Cause (i.e., not due to your breach of these Terms), you will be entitled to a refund of the fees paid for that specific call or a pro-rated refund for the unused portion of your membership term. No refunds shall be issued for terminations made for Cause.
SECTION 5: RALSTON’S INTELLECTUAL PROPERTY RIGHTS
5.1 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.
5.2 Content Restrictions
Except as expressly permitted under these Terms, including Section 2 (Services and Offerings), the Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without RALSTON’s prior written permission. You may download copies of the Materials solely for use as expressly permitted under these Terms, including limited internal business or educational use within your organization. You may not (a) modify the Materials or use them for resale, sub-licensing, external commercial exploitation, or public display, performance, sale, or rental, (b) decompile, reverse engineer, or disassemble software materials, (c) remove any copyright notice or other proprietary notices from the Materials, or (d) transfer the Materials to any external party, except as expressly permitted under Section 2.3.1 and Section 2.3.2. RALSTON reserves the right to change, update, discontinue, or restrict or prevent access to the Materials at any time without notice. Download rights, if any, are tier-specific and are limited to (a) Reserve as stated in Section 2.3.1, and (b) Select Resources only as stated in Section 2.3.2; no other downloads are permitted.
5.3 User Content and Licensing
You retain full ownership of all intellectual property rights in the comments, strategies, materials, and content you post or share within the Community (“User Content”). Specific business ideas or proprietary frameworks shared by you remain your intellectual property.
5.3.1 License to Ralston
By posting User Content on the Site or Services, you grant RALSTON a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, display, and distribute your User Content solely for the purposes of operating, providing, and promoting the Community and Services. This license allows us to host your data, display your posts to other members, and archive discussions.
5.3.2 Feedback
If you provide RALSTON with specific suggestions, feature requests, or feedback regarding our own Services or products (“Feedback”), you hereby assign to Ralston all rights in such Feedback. Ralston is free to use this Feedback to improve our products without any obligation of confidentiality or compensation to you.
5.4 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 6: PRIVACY POLICY
6.1 Privacy Commitment
RALSTON respects the privacy of its Members and users of the Site and Services. This Privacy Policy describes the categories of personal information RALSTON collects, the purposes for which RALSTON uses that information, how RALSTON protects and retains that information, and the rights and choices that may be available to you under applicable privacy laws.
RALSTON’s privacy practices are based on the following principles:
(a) RALSTON collects only the personal information reasonably necessary to provide, administer, secure, and improve the Site and Services;
(b) RALSTON does not sell personal information;
(c) RALSTON does not share personal information for cross-context behavioral advertising, targeted advertising, profiling, or data-broker purposes;
(d) RALSTON does not disclose personal information to third parties for their independent marketing or commercial purposes;
(e) RALSTON uses personal information for marketing only where RALSTON has a prior business relationship with the recipient or where otherwise permitted by applicable law;
(f) RALSTON discloses personal information only as necessary to provide and administer the Site and Services, to service providers or processors acting on RALSTON’s behalf, to protect legal rights and security, or as required by law; and
(g) RALSTON honors applicable privacy rights as required by law.
For purposes of this Privacy Policy, “personal information” or “personal data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an identified or identifiable individual or household, as defined under applicable law.
6.2 Age Requirement; No Children’s Data
The Site and Services are intended only for individuals eighteen (18) years of age or older. Individuals under eighteen (18) years of age are not permitted to access or use the Site or Services or submit personal information to RALSTON.
RALSTON does not knowingly collect, use, sell, share, or disclose personal information from individuals under eighteen (18) years of age. If RALSTON learns that it has collected personal information from an individual under eighteen (18) years of age, RALSTON will delete that information unless retention is required or permitted by law.
By using the Site or Services, you represent that you are at least eighteen (18) years of age.
6.3 Scope of this Privacy Policy
This Privacy Policy applies to personal information RALSTON collects through or in connection with (a) the Site; (b) the Services; (c) subscription, enrollment, registration, and account processes; (d) RALSTON’s community platform, resources, live streams, calls, sessions, events, and related offerings; (e) payment, billing, renewal, cancellation, and refund processes; (f) communications with RALSTON, including email, support, administrative, billing, and membership communications; and (g) RALSTON’s limited marketing communications to persons with whom RALSTON has a prior business relationship or as otherwise permitted by law.
This Privacy Policy does not apply to websites, platforms, applications, or services owned or controlled by third parties. If you access a third-party website, platform, payment portal, community platform, video service, scheduling tool, or other third-party service through the Site or Services, that third party’s privacy policy and terms may apply to its processing of your information.
6.4 Categories of Personal Information RALSTON Collects
Depending on how you interact with RALSTON, the Site, and the Services, RALSTON may collect the following categories of personal information:
(a) Identifiers, such as your first and last name, business name, mailing address, billing address, email address, telephone number, username, account identifier, IP address, and similar contact or account identifiers.
(b) Customer records and account information, such as subscription records, membership tier, account status, billing status, payment method status, renewal status, cancellation status, refund history, and records of your interactions with RALSTON.
(c) Commercial information, such as Services purchased, subscribed to, considered, accessed, renewed, canceled, or refunded.
(d) Payment-related information, such as billing details, transaction information, payment status, and limited payment method information. RALSTON does not intend to store full credit card numbers, debit card numbers, bank account numbers, or payment security codes on its own systems. Payment information may be processed by third-party payment processors acting on RALSTON’s behalf.
(e) Internet, device, and electronic network activity information, such as IP address, device type, browser type, operating system, referring URL, pages viewed, access times, session activity, login activity, and similar technical information reasonably necessary to operate, secure, administer, and improve the Site and Services.
(f) Communications and user-submitted content, such as questions, comments, posts, messages, feedback, support requests, content submitted for review, and other information you choose to provide to RALSTON or post within the Services or community platform.
(g) Audio, video, or similar information, if you participate in recorded calls, sessions, live streams, events, or other recorded portions of the Services.
(h) Professional or business-related information, such as your business name, role, industry, professional interests, or business-related information you voluntarily provide in connection with the Services.
(i) Inferences or preferences, such as information reasonably derived from your interactions with the Site or Services to understand account needs, service usage, or member preferences, but only for RALSTON’s internal service administration and improvement purposes.
(j) Sensitive personal information, only if voluntarily provided by you or reasonably necessary to provide the Services, process payments, maintain account security, or comply with law. RALSTON does not request sensitive personal information unless necessary for a specific Service-related purpose and does not use sensitive personal information to infer characteristics about you.
RALSTON will not collect categories of personal information that are not reasonably necessary or proportionate to provide, administer, secure, improve, or market the Site and Services consistent with this Privacy Policy.
6.5 Categories of Sources
RALSTON may collect personal information from the following sources:
(a) Directly from you, including when you register, enroll, purchase, subscribe, log in, post content, submit questions, contact support, request information, cancel, renew, request a refund, or otherwise communicate with RALSTON.
(b) Automatically from your use of the Site and Services, including through server logs, cookies, security tools, analytics tools, and similar technologies used for Site operation, security, fraud prevention, account administration, and internal performance measurement.
(c) From service providers or processors acting on RALSTON’s behalf, including payment processors, community platform providers, hosting providers, email service providers, customer support tools, scheduling tools, video or live-stream platforms, and security providers.
(d) From your organization or authorized representatives, if your account, subscription, payment, or access is arranged through a business or other entity.
(e) From publicly available or lawfully obtained sources, but only where reasonably necessary for account administration, security, fraud prevention, legal compliance, or protection of RALSTON’s rights.
6.6 Purposes for Collection and Use
RALSTON collects and uses personal information only for the following purposes: (a) to provide, operate, administer, maintain, and improve the Site and Services; (b) to create, manage, authenticate, and secure accounts and memberships; (c) to process enrollments, subscriptions, payments, renewals, installments, cancellations, refunds, and billing matters; (d) to provide access to community platforms, resources, calls, live streams, sessions, recordings, downloads, and other Service features; (e) to communicate with you regarding your account, membership, subscription, access, billing, renewals, cancellations, support requests, policy updates, or administrative matters; (f) to provide customer service, technical support, account assistance, and responses to inquiries; (g) to maintain the safety, security, and integrity of the Site, Services, accounts, Content, community platform, and RALSTON’s systems; (h) to detect, prevent, investigate, or respond to fraud, unauthorized access, misuse of credentials, intellectual property violations, prohibited conduct, security incidents, payment issues, or violations of RALSTON’s Terms of Service; (i) to enforce RALSTON’s Terms of Service, payment rights, intellectual property rights, community rules, and legal rights; (j) to maintain business, accounting, tax, legal, and operational records; (k) to comply with applicable law, regulation, legal process, subpoena, court order, governmental request, tax obligation, accounting requirement, or other legal obligation; (l) to evaluate, maintain, and improve the performance, functionality, reliability, and quality of the Site and Services; (m) to send marketing, promotional, educational, or informational communications only to individuals with whom RALSTON has a prior business relationship, to Members, former Members, account holders, subscribers, or others who have requested or consented to receive such communications, and subject to any applicable opt-out rights; and (n) for any other purpose disclosed to you at or before the time of collection, provided that the purpose is compatible with the context in which the personal information was collected or is otherwise permitted by applicable law.
RALSTON will not use personal information for materially different, unrelated, or incompatible purposes without providing notice and obtaining consent where required by law.
6.7 No Sale, No Sharing for Targeted Advertising, and No Third-Party Marketing Disclosure
RALSTON does not sell personal information. RALSTON does not share personal information for cross-context behavioral advertising or targeted advertising. RALSTON does not disclose personal information to third parties for their independent marketing, advertising, data-broker, profiling, or commercial purposes. RALSTON does not process personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. RALSTON does not knowingly sell or share personal information of individuals under sixteen (16) years of age.
If RALSTON’s practices change in the future in a manner that would constitute a sale of personal information, sharing of personal information, targeted advertising, cross-context behavioral advertising, or profiling under applicable law, RALSTON will update this Privacy Policy, provide any notices required by law, and provide any required opt-out mechanism before engaging in such activity.
6.8 Disclosures of Personal Information
RALSTON may disclose personal information only in the following limited circumstances:
(a) Service providers and processors. RALSTON may disclose personal information to service providers, contractors, or processors acting on RALSTON’s behalf and only to the extent reasonably necessary for them to provide services to RALSTON, such as payment processing, website hosting, community platform operation, email delivery, customer support, scheduling, video or live-stream hosting, security, data storage, analytics for internal service improvement, and similar operational support.
(b) Legal compliance. RALSTON may disclose personal information if required to do so by law, regulation, legal process, subpoena, court order, governmental request, or similar legal obligation.
(c) Protection of rights, safety, and security. RALSTON may disclose personal information where RALSTON reasonably believes disclosure is necessary to protect the rights, property, safety, or security of RALSTON, Members, users, service providers, or others; to prevent fraud or misuse; to investigate security incidents; or to enforce RALSTON’s Terms of Service or legal rights.
(d) Professional advisors. RALSTON may disclose personal information to attorneys, accountants, auditors, insurers, and other professional advisors, but only as reasonably necessary for legal, accounting, audit, insurance, risk-management, or compliance purposes.
(e) Business transactions. If RALSTON is involved in an actual or proposed merger, acquisition, financing, restructuring, sale of assets, bankruptcy, or similar transaction, personal information may be disclosed solely as reasonably necessary for that transaction and subject to appropriate confidentiality and use restrictions.
(f) With your direction or consent. RALSTON may disclose personal information where you direct RALSTON to do so or where you provide consent.
RALSTON discloses personal information to service providers, contractors, and processors only for limited and specified purposes related to the services they provide to RALSTON. Each such service provider, contractor, or processor is independently responsible for complying with all applicable privacy, data protection, and security laws governing its processing of personal information, including maintaining appropriate safeguards and refraining from selling, sharing, retaining, using, or disclosing personal information except as necessary to provide services to RALSTON or as otherwise permitted by applicable law.
6.9 Cookies and Similar Technologies
RALSTON may use cookies, pixels, tags, log files, analytics tools, and similar technologies only for the following limited purposes: (a) operating and maintaining the Site and Services; (b) enabling logins, sessions, account access, and security features; (c) remembering preferences; (d) detecting and preventing fraud, misuse, credential sharing, unauthorized access, and security incidents; (e) measuring internal Site and Service performance; (f) understanding aggregated or de-identified usage trends; and (g) improving the functionality, reliability, and quality of the Site and Services.
RALSTON does not use cookies, pixels, or similar technologies to sell personal information, share personal information for cross-context behavioral advertising, engage in targeted advertising, or disclose personal information to third parties for their independent marketing purposes.
6.10 Email and Marketing Communications
RALSTON may use your personal information to send marketing, promotional, educational, or informational emails only if you are a current Member, former Member, subscriber, account holder, purchaser, or other person with whom RALSTON has a prior business relationship, or if you have requested or consented to receive such communications.
You may opt out of marketing or promotional emails at any time by using the “unsubscribe” link included in the email or by contacting RALSTON at the email address listed in this Privacy Policy.
Even if you opt out of marketing communications, RALSTON may still send transactional, administrative, legal, security, billing, renewal, cancellation, account, and Service-related communications.
6.11 Retention of Personal Information
RALSTON retains personal information only for as long as reasonably necessary and proportionate to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law.
The criteria RALSTON uses to determine retention periods include: (a) the length of your membership, subscription, account, or relationship with RALSTON; (b) the nature and sensitivity of the personal information; (c) the purposes for which the information was collected and used; (d) the need to provide, administer, secure, improve, or document the Site and Services; (e) legal, tax, accounting, audit, recordkeeping, and compliance obligations; (f) the need to resolve disputes, enforce agreements, collect amounts owed, process refunds or chargebacks, or defend legal claims; (g) security, fraud prevention, credential misuse, and platform integrity needs; and (h) whether retention is reasonably necessary for a lawful business purpose compatible with the context in which the information was collected.
RALSTON will not retain personal information for longer than reasonably necessary for the disclosed purposes unless retention is required or permitted by law.
6.12 De-Identified and Aggregated Information
RALSTON may create and use de-identified or aggregated information for internal business purposes, including to understand Service performance, usage trends, member engagement, and operational effectiveness.
RALSTON will not attempt to re-identify information that has been de-identified, except as permitted by law to test whether de-identification processes are effective. RALSTON will maintain and use de-identified information in de-identified form and will require any recipient of de-identified information to do the same.
6.13 Sensitive Personal Information
RALSTON does not request sensitive personal information unless it is reasonably necessary to provide the Services, process payments, maintain security, comply with law, or respond to a specific request from you. RALSTON does not use sensitive personal information to infer characteristics about you. RALSTON does not sell sensitive personal information. RALSTON does not disclose sensitive personal information for targeted advertising, cross-context behavioral advertising, profiling, or third-party marketing. RALSTON uses sensitive personal information, if any, only for purposes reasonably necessary to provide and maintain the Site and Services, protect security and integrity, process payments, comply with law, or as otherwise permitted by applicable law.
6.14 Privacy Rights and Choices
Depending on your state of residence and subject to applicable law, you may have some or all of the following rights:
(a) Right to Access / Know. You may request confirmation of whether RALSTON processes personal information about you and may request access to that information.
(b) Right to Data Portability. You may request a copy of certain personal information in a portable and, to the extent technically feasible, readily usable format.
(c) Right to Correction. You may request that RALSTON correct inaccurate personal information maintained about you.
(d) Right to Deletion. You may request that RALSTON delete personal information collected from or about you, subject to exceptions permitted by law.
(e) Right to Opt Out of Sale. You may opt out of the sale of personal information. RALSTON does not sell personal information.
(f) Right to Opt Out of Sharing / Targeted Advertising. You may opt out of sharing, targeted advertising, or cross-context behavioral advertising where applicable. RALSTON does not share personal information for cross-context behavioral advertising and does not process personal information for targeted advertising.
(g) Right to Opt Out of Profiling. You may opt out of profiling in furtherance of decisions that produce legal or similarly significant effects where applicable. RALSTON does not process personal information for such profiling.
(h) Right to Limit Use or Disclosure of Sensitive Personal Information. You may request that RALSTON limit the use or disclosure of sensitive personal information where applicable. RALSTON uses sensitive personal information only for limited purposes permitted by law and does not use sensitive personal information to infer characteristics about you.
(i) Right to Non-Discrimination / Non-Retaliation. RALSTON will not discriminate or retaliate against you for exercising privacy rights.
(j) Right to Appeal. If applicable law provides an appeal right and RALSTON denies your privacy request, you may appeal the decision using the instructions provided in RALSTON’s response.
(k) Right to Use an Authorized Agent. Where permitted by law, you may authorize another person to submit a privacy request on your behalf, subject to verification and proof of authority.
6.15 How to Exercise Privacy Rights
To exercise privacy rights, contact RALSTON at:
Email: [email protected]
Alternative Email: [email protected]
Please include sufficient information for RALSTON to understand, evaluate, and respond to your request. RALSTON may request additional information reasonably necessary to verify your identity, authenticate your request, confirm your authority to act on behalf of another person, or locate responsive information. If you maintain an account with RALSTON, RALSTON may require you to submit or verify certain requests through your account. RALSTON will not require you to create a new account solely to submit a privacy request. RALSTON will respond to privacy requests within the time required by applicable law. If RALSTON needs additional time, RALSTON will notify you as required by law. RALSTON may deny a request, in whole or in part, where permitted by law, including where RALSTON cannot verify the request, the request conflicts with legal obligations, the information is exempt from deletion or disclosure, compliance would be impossible or involve disproportionate effort, or an exception under applicable law applies.
6.16 Appeals
If RALSTON denies your privacy request and applicable law gives you the right to appeal, you may submit an appeal by emailing RALSTON at [email protected] with the subject line “Privacy Appeal.” RALSTON will review the appeal and respond within the time required by applicable law. If the appeal is denied, RALSTON will provide any information required by applicable law regarding how you may contact the appropriate state attorney general or privacy regulator.
6.17 Verification of Requests
RALSTON may verify your identity before responding to a privacy request. Verification may include matching information you provide with information RALSTON maintains, confirming control of the email address associated with your account, requiring you to log into your account, or using other commercially reasonable verification methods. Personal information collected for verification purposes will be used only to verify and respond to the request and will not be used for unrelated purposes.
6.18 Authorized Agents
If you submit a request through an authorized agent, RALSTON may require proof that you authorized the agent to act on your behalf and may require you to verify your identity directly with RALSTON, unless prohibited by applicable law. RALSTON may deny a request from an authorized agent if RALSTON cannot verify the agent’s authority or your identity as permitted by law.
6.19 Security
RALSTON uses reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized or illegal access, destruction, use, modification, or disclosure. No website, platform, transmission, storage system, or security measure is completely secure. RALSTON cannot guarantee absolute security, but RALSTON will maintain safeguards appropriate to the nature of the personal information it processes. You are responsible for maintaining the confidentiality of your username, password, account credentials, and access links. You must promptly notify RALSTON if you believe your account, credentials, or access to the Services has been compromised.
6.20 Payment Information
Payment information may be collected and processed by RALSTON’s third-party payment processor. RALSTON does not intend to store full credit card numbers, debit card numbers, bank account numbers, or payment security codes on its own systems. Payment processors may process payment information according to their own privacy policies and legal obligations. RALSTON uses payment-related information to process transactions, subscriptions, renewals, installments, refunds, chargebacks, billing issues, tax records, accounting records, and related administrative matters.
6.21 Legal and Contractual Necessity
Certain personal information is necessary for RALSTON to provide the Site and Services, administer accounts, process payments, maintain security, comply with law, and perform its agreements with Members. If you decline to provide information that is necessary for those purposes, RALSTON may be unable to provide some or all of the Site or Services, process your subscription, maintain your account, respond to your requests, or complete transactions.
6.22 Changes to this Privacy Policy
RALSTON may revise, amend, or update this Privacy Policy from time to time. If RALSTON makes material changes to this Privacy Policy, RALSTON will provide notice as required by applicable law, which may include notice by email, notice through the Site, notice through the Services, or other legally sufficient means. The updated Privacy Policy will identify its effective date. Your continued use of the Site or Services after the effective date of the updated Privacy Policy constitutes acknowledgment of the updated Privacy Policy, except where applicable law requires a different form of notice or consent. RALSTON will not use personal information for materially different, unrelated, or incompatible purposes without providing notice and obtaining consent where required by applicable law.
6.23 Contact Information
If you have questions about this Privacy Policy or wish to exercise privacy rights, contact RALSTON at:
RALSTON
Email: [email protected]
Alternative Email: [email protected]
SECTION 7: LIMITATION OF LIABILITY
7.1 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, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RALSTON, 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 RALSTON attempts to ensure the integrity of the Site and the Services, RALSTON 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. RALSTON 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 RALSTON 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.
7.2 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.
7.3 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.
7.4 Geographical Access
The Site is solely directed to individuals residing in the United States. RALSTON 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.
7.5 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 8: GENERAL PROVISIONS
8.1 Governing Law & Jurisdiction
The Terms of this Agreement shall be governed by and construed in accordance with the laws of 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 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.
8.2 Arbitration and Dispute Resolution
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Las Vegas, Nevada. The arbitration shall be governed by the laws of the State of Nevada. The parties agree to share equally the arbitrator compensation and administrative charges of American Arbitration Association arbitration. The parties agree that for purposes of efficiency and to preserve fees and costs, in any instance where the perceived value of the claim of the party is less than $50,000, arbitration will be based on the submission of documents and there shall be no in person or oral hearing. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. The award of the arbitrator shall be accompanied by a reasoned written opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding the above, either party may: (a) bring an individual action in small claims court if the claim qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
8.3 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RALSTON EACH AGREE THAT ANY CLAIM, DISPUTE, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, ANY SUBSCRIPTION, ANY CONTENT, OR ANY RELATIONSHIP BETWEEN YOU AND RALSTON MUST BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS.
YOU AND RALSTON EACH WAIVE ANY RIGHT TO BRING, PARTICIPATE IN, JOIN, MAINTAIN, OR PROCEED WITH ANY CLAIM AGAINST THE OTHER AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, REPRESENTATIVE ACTION, OR OTHER SIMILAR PROCEEDING, WHETHER IN COURT, ARBITRATION, OR ANY OTHER FORUM.
Unless you and RALSTON both agree in writing, the arbitrator shall have no authority to consolidate or join the claims of more than one person or entity, to preside over any class, collective, consolidated, private attorney general, representative, or similar proceeding, or to award relief to any person or entity other than the individual party seeking relief.
Any relief awarded in arbitration or litigation shall be limited to relief in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. No award or decision may affect, bind, or provide relief to any other person or entity.
You may opt out of the Class Action, Collective Action, and Representative Action Waiver set forth in these Terms by providing written notice to RALSTON by email within seven (7) days after the date you first accept or enter into these Terms. To be effective, your opt-out notice must be sent to [email protected], must include your full legal name, email address associated with your account, the date you accepted or entered into these Terms, and a clear statement that you wish to opt out of the Class Action, Collective Action, and Representative Action Waiver. If you do not provide timely and valid opt-out notice within the seven (7) day period, you will be deemed to have accepted and agreed to the Class Action, Collective Action, and Representative Action Waiver. Opting out of the Class Action, Collective Action, and Representative Action Waiver will not affect any other provision of these Terms, including any agreement to arbitrate disputes on an individual basis, unless otherwise required by applicable law.
If any portion of this Class Action, Collective Action, and Representative Action Waiver is found to be unenforceable with respect to a particular claim or request for relief, then that claim or request for relief shall be severed and may proceed only in a court of competent jurisdiction, and not in arbitration, unless otherwise required by applicable law. The remaining portions of this waiver shall remain enforceable to the fullest extent permitted by law.
8.4 Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES.
8.5 Attorney Fees and Costs
In the event that any claim or action is instituted or commenced by either party against the other arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and court costs from the non-prevailing party.
8.6 Assignment
This Agreement may be assigned at any time by RALSTON without the express written consent of member.
8.7 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.
8.8 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.
8.9 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.
8.10 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.
8.11 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. Except for changes made unilaterally by RALSTON as described in Section 1.2, 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].
The content appearing on this website, including text, video and imagery, is the property of Wild Media LLC, unless otherwise noted. © 2026. Any use, whether for commercial purposes or not, requires express written permission. All rights reserved. Please email [email protected] for inquiries.