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Terms of Use

Terms

Please read these Terms of Use (“Terms” or “Terms of Use”) before using this website. By using this website, you acknowledge and agree that you have read, accepted, and agree to be legally bound by all of these Terms of Use. If you do not accept our Terms, do not use our website.

Ralph Appelbaum Associates (“RAA”) may modify all or any part of these Terms from time to time without notice to you; you should check back often so you are aware of your current rights and responsibilities. Your continued use of this website after changes to the Terms have been published constitutes your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of this website. These Terms do not alter the terms or conditions of any other agreement you may have with RAA for specific services or offerings.

If you are using this website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and RAA for violations of these Terms. Nothing in these Terms will be deemed to confer any third-party rights or benefits.

Trademarks

The logos and service marks (“Marks”) displayed on this website are the property of RAA or other third parties. You are not permitted to use these Marks without the prior written consent of RAA or such third parties which may own the Mark(s).

Copyrights

RAA strictly prohibits the redistribution or copying of any part of this website or content on this website without written permission from RAA. RAA authorizes you to display on your computer, download and print pages from this website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational, and non-commercial use, and (d) you do not redistribute or copy the information to any other media. RAA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement, as set forth below.

Linking

This website contains links to other websites and resources. RAA may not have reviewed the linked websites and is not responsible for the content or availability of any linked websites.

Account 

If you are subscribing to any RAA list via this website, you agree (i) to provide RAA with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of this agreement, which may result in immediate termination of your right to access this website. You may not enter information that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. RAA reserves the right to reject any submitted information in our sole discretion.

Monitoring

Ralph Appelbaum Associates has the right, but not the obligation, to monitor the content of this website, to RAA has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms of Use and any other operating rules established by RAA.

Global Availability

RAA controls this site from its New York, NY, USA office; other RAA sites may be administered and operated from various locations inside and outside the United States. If you use this website from other locations you are responsible for compliance with applicable local laws.

Disclaimer

This website and all content, materials, information, products, and services are provided on an “as is” and “as available” basis. Your use of this website is at your own risk. RAA makes no warranties or representations, express or implied, as to the functionality or usefulness of this website or any content; makes no warranties or representations, express or implied, as to disclaims all warranties, express, implied, or statutory, including without limitation warranties of merchantability and fitness for a particular purpose; makes no warranties or representations, express or implied, that, (i) any service will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of any service will be accurate or reliable, (iii) the quality of any products, services, content, information, or other materials purchased or obtained by you through any service will meet your expectations, (iv) any errors in the software will be corrected, or that this website, its content, and the server on which the website and content are available are free of viruses or other harmful components. Any material downloaded or obtained through the use of this website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material. Information created by third parties that you may access on this website or through links remains the responsibility of the third party, and is not adopted or endorsed by RAA.

Limitation of Liability

To the fullest extent permitted by law, Ralph Appelbaum Associates is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of To the fullest extent permitted by law, RAA is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website, even if RAA has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the website; (c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions, or (d) content or information you may download, use, modify or distribute. Notwithstanding any other clause in this agreement, RAA’s total aggregate liability, regardless of the form of the cause of action, whether in contract, tort (including without limitation negligence), statute or otherwise, and your sole and exclusive remedy, shall be limited to proven direct damages caused by RAA in an amount not to exceed five hundred dollars (USD $500.00).

Privacy

See the Privacy Notice.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, RAA will respond expeditiously to claims of copyright infringement committed using the RAA website that are reported to RAA’s Designated Copyright Agent. If we take such measures, we will make a good-faith attempt to contact the user who stored and/or transmitted the content so that he or she may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act.

To file a notice of infringement with us, please provide the following information to the RAA-designated copyright agent listed below:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of the material that you claim is infringing the copyrighted work listed in item #1.
  • An address, telephone number, and an email address where the alleged infringing party can contact you.
  • The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Your electronic or physical signature.

Contact Information
Please send notifications of infringement and other legal notifications with the words “DMCA Complaint” in the subject line to: Legal Department, Ralph Appelbaum Associates, 88 Pine Street, New York, NY 10005 or contact@raai.com