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
RALSTON reserves the right to, at any time and without prior notice to you, do the following: Amend or revise the Terms of Service; 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 or suspend an existing subscription in accordance with Section 4.3 (Termination). By using the Site and/or Services, you agree to be bound by the Terms of Service as in effect from time to time. Any changes to the Terms of Service will be effective 1 day 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 Service regularly for any amendments or revisions.
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 Reserve (Service Terms)
Enrollment in Ralston Reserve grants the Member access only to the services expressly described in this Section 2.1 (the “Reserve Services”).
2.1.1 Scheduled Group Calls
Access to one (1) scheduled group call per calendar month with RALSTON for up to ninety (90) minutes each.
2.1.2 Online Discussion Space
Access to an online community discussion platform (the "Community"). RALSTON may participate in the Community at his sole discretion, and no specific response time or frequency is guaranteed.
2.2 Ralston Select (Service Terms)
Enrollment in Ralston Select grants the Member access only to the services expressly described in this Section 2.2 (the “Select Services”).
2.2.1 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.
2.2.2 Scheduled “Ask Trevor Anything”
Access to one (1) scheduled asynchronous “Ask Trevor Anything” session conducted within RALSTON’s designated community platform, during a time window of approximately one to two (1–2) hours, as determined by RALSTON based on demand and availability.
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.
2.2.3 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.
2.3 Recordings, Downloads, and Use Restrictions (Applies to Reserve and Select)
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.
Tier-specific access and download rules apply as follows:
(a) Ralston Reserve. Recordings and transcripts may be made available for streaming and may also be downloadable when enabled by RALSTON. If downloadable, Recordings may be downloaded and shared only as permitted under Section 2.3.1 (Permitted Internal Use for Ralston Reserve).
(b) Ralston Select. 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 2.3.2.
Any use of Content must also comply with Section 5 (Intellectual Property). Unauthorized use constitutes Cause for termination under Section 4.3.
2.3.1 Permitted Internal Use for Ralston Reserve
Subject to continued compliance with these Terms, Reserve Members are granted a limited, non-exclusive, non-transferable, revocable license to share Content internally within their Organization solely for internal business or educational purposes. Internal sharing is limited to Authorized Team Members.
Reserve Members may not resell, sublicense, distribute, publicly display, post online, publish, or otherwise make any Content available outside the Organization. Content may not be used to train or educate any competing consulting, coaching, advisory, agency, production, or similar services business. Content may not be used to create derivative products, courses, trainings, templates, or competitive materials for external distribution.
2.3.2 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.
2.4 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.
2.5 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 2.3 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 Reserve (Payment Terms)
Members may enroll in Ralston Reserve on either a quarterly or annual subscription.
4.1.1 Quarterly Subscription (Reserve)
You will be charged FIFTEEN THOUSAND DOLLARS ($15,000.00) on the date you are accepted as a member (the “Initial Payment Date”). This payment covers membership access for the first three (3) months of the program (the “Initial Term”), beginning on the Membership Start Date as defined in Section 4.1.3. The subscription will automatically renew every three (3) months thereafter, measured from the first day of each subsequent subscription period, at the same rate, and the applicable fee will be charged to the payment method on file unless canceled in accordance with these Terms.
4.1.2 Annual Subscription (Reserve)
You may choose to enroll annually at a rate of FORTY-EIGHT THOUSAND DOLLARS ($48,000.00). This payment covers twelve (12) months of membership access, beginning on the Membership Start Date as defined in Section 4.1.3. The annual subscription will automatically renew every twelve (12) months measured from the first day of each subsequent subscription period, at the same rate, and the applicable fee will be charged to the payment method on file unless canceled in accordance with these Terms.
4.1.3 Membership Start Date (Reserve)
The Membership Start Date shall be the date on which the Member’s initial payment is successfully processed. The subscription term begins on the Membership Start Date and continues for the applicable subscription period until terminated as described below. Failure to attend scheduled calls, schedule available sessions, or actively use the Services after access has begun does not entitle the Member to a refund, credit, or extension of the subscription term. A minimum commitment of three (3) consecutive months is required for all members.
4.2 Ralston Select (Payment Terms)
Members may enroll in Ralston Select on an annual subscription.
4.2.1 Annual Subscription (Select)
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.
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.
4.2.2 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 (Reserve and 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
4.4.1 Ralston Reserve Cancellation
To cancel a Ralston Reserve subscription, the Member must provide written notice to RALSTON at least five (5) days before your next renewal date. Failure to provide timely notice will result in the automatic renewal of your subscription for the next service period. Your access to the service will continue until the end of the current subscription period. Any fees incurred for a renewal period prior to a valid cancellation will be automatically charged to the payment method on file. Your cancellation becomes effective upon the end of the last day of your current subscription. If you would like to opt out of receiving emails and/or other communications from RALSTON prior to the expiration of your subscription, simply send RALSTON an email stating you wish to opt out now. RALSTON will then make sure that you stop receiving emails within a short time of receiving your request.
4.4.2 Ralston Select Cancellation
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.
4.4.3 General Cancellation Terms
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 (Reserve and 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 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 Age Requirement
The Site and Services are not directed at individuals under eighteen (18) years of age. Individuals under eighteen (18) years of age are not permitted to use the Site or Services, and/or submit their personal information on the Site. RALSTON does not knowingly solicit or collect information from individuals under the age of eighteen (18). By agreeing to this Privacy Policy, you affirm that you are at least (18) eighteen years of age.
6.2 Coverage
This Privacy Policy covers RALSTON’s treatment of personally identifiable information that RALSTON collects when you use its Site and/or Services. This policy does not apply to the practices of companies that RALSTON does not own or control, or to people that RALSTON does not employ or manage.
6.3 Information Collected
RALSTON collects personally identifiable information when you use the Site and/or purchase, subscribe to, or register to use any of RALSTON’s Site or other Services. RALSTON may collect nonpublic personal information from you in a variety of ways, including online forms for ordering products and services, and other instances where you are invited to volunteer such information.
The type of information we may collect from you includes, but is not limited to: your first and last name(s), your street address(es), your city, your state, your ZIP code, your phone number(s), your e-mail address(es), your IP address(es), time and date stamps for your visits to the Site, and any information required to process an application to receive product(s) and/or services being offered on the Site, such as credit card billing information. While not all of the information that we collect from you is nonpublic personal information, the information we collect may be associated with nonpublic personal information that you provide us through the Site.
We may also collect nonpublic personal information from you pursuant to the terms of the sections of this Privacy Policy entitled “Cookie Technology.” Each time a visitor comes to RALSTON’s Site, RALSTON’s servers — like most on the Web — collect some basic technical information, including, for example, the visitor’s domain, referral data including the last URL a user visited prior to clicking through to the Website, and browser and platform type. We also count, track, and aggregate the visitor’s activity into our analysis of general traffic flows at the Site (e.g. tracking where traffic comes from, how traffic flows within the Website, etc.).
RALSTON collects non-identifiable information to measure how our registered users and subscribers use the Website. This information may include statistics about the numbers and timing of unique visits to our web site(s), repeat visits, and which pages are viewed.
6.4 Cookie Technology
RALSTON may also collect information about how you use the Site. For example, we may track the number of unique views received by the pages of the Site or the domains from which unique views originate. We may use “cookies” to track how you use the Site. A cookie is a piece of software that a web server can store on your computer and use to identify you should you visit the Site again. RALSTON may set and access cookies on your computer. We use cookies in a limited way to speed access to the Site, to identify unique browsers that visit the Site, and to track usage of the Site. RALSTON gathers anonymous information about our users through cookie technology on an aggregate level only.
6.5 How We Use Information
RALSTON uses information for four general purposes: To verify you are a subscriber, to customize the content you see on the Site, to fulfill your requests for certain products and services, and to contact you about specials and new products or services. RALSTON will only use your nonpublic personal information collected through your use of the Website or your purchase, subscription to, or registration to use any of RALSTON’s Site tools or other online services for the purposes set forth in this Privacy Policy. By agreeing to this Privacy Policy, you consent to the use of your nonpublic personal information as set forth herein. RALSTON uses registration and subscription information to maintain records about your use of our services, for billing purposes, and for us to occasionally send you information on products and services that we offer.
RALSTON does not sell your personal information. We disclose personal information only as described in this Privacy Policy, including to service providers who help us operate the Site and Services, and as required by law.
We may also disclose personal information as required by law, regulation, legal process, or governmental request, or to protect the rights, property, or safety of RALSTON, our members, or others. In addition to the uses set forth above herein, RALSTON may use information collected through the Site for research regarding the effectiveness of the Site and RALSTON’s marketing and advertising efforts, to analyze trends, administer the Site, track users’ movements, and gather broad information for aggregate use.
IP addresses are not linked to personally identifiable information. To carry out the uses set forth in this Privacy Policy, it may be necessary for RALSTON to disclose aggregate, anonymous data obtained from you to third parties. We may also disclose nonpublic personal information about you as permitted and/or required by law.
By agreeing to this Privacy Policy, you specifically consent to such disclosure. By agreeing to this Privacy Policy, you authorize us to contact you with new offers and information via email. By agreeing to this Privacy Policy, you expressly agree to receive email sent by RALSTON.
6.6 Security
We store financial information, such as credit card numbers and/or bank account information that you provide, on third-party web sites for the purpose of maintaining your access to the Site and/or Services. We are not responsible for the privacy practices or the content of such Internet web sites.
6.7 Changes to this Privacy Policy
RALSTON reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. If we make any substantial changes, we will notify you by posting a prominent announcement on the Site or by email. By agreeing to this Privacy Policy, you consent to receive your notice of the privacy policy via the Site. All changes to this Privacy Policy are effective immediately upon posting on the Site. Your continued use of the Site and/or continued subscription to any Service offered by RALSTON constitutes your acknowledgment and acceptance of the modified Privacy Policy.
6.8 Your Data Rights and Choices
6.8.1 Right to Access and Correction
You have the right to request a copy of the personal information RALSTON holds about you and to request corrections to any data that is inaccurate or out of date.
6.8.2 Right to Deletion (“Right to be Forgotten”)
You may request that we delete your personal information from our systems. RALSTON will comply with such requests, except where we are required to retain specific data for legal, tax, or accounting purposes (e.g., transaction history required by Stripe or the IRS) or for legitimate business security needs.
6.8.3 Opt-Out of Marketing
You may opt-out of receiving marketing or promotional emails from us at any time by clicking the “Unsubscribe” link at the bottom of our emails or by contacting us directly. Please note that even if you opt-out of marketing, we may still send you necessary transactional emails regarding your account, billing, or membership access.
6.8.4 Exercising Your Rights
To exercise any of these rights, please contact us at [email protected]. We will verify your identity before processing any request to protect your security.
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 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.
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. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and 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 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 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
YOU AND RALSTON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, unless both you and RALSTON agree otherwise, the arbitrator appointed pursuant to Section 8.2 above may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
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].
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