Website Terms and Conditions of Use
Rising Advantage, LLC
It is your responsibility to read these Terms and Conditions of Use carefully before (1) accessing or using this website, software, apps, and/or plug-ins made available by Rising Advantage, LLC or its affiliates (individually and collectively, the “Site”); and (2) making any purchase from or through this Site.
Last Updated: December 6, 2019
1. Acceptance of Terms.
1.1 These Terms and Conditions of Use form a legally binding agreement between you and Rising Advantage, LLC (“Rising Advantage”). You agree to and are legally bound by the terms and conditions set forth below and in any modified or additional terms that Rising Advantage may publish from time to time (collectively, the “Terms and Conditions of Use”). You also confirm, represent, and warrant that you are at least 18 years old at the time of any purchase on or through the Site. If you do not agree to all of the terms and conditions contained in these Terms and Conditions of Use, do not access or use this Site or purchase any products or services from Rising Advantage.
1.2 About Us. Rising Advantage provides online journals and other online digital publications, namely Rising Advantage offers for purchase certain digital financial markets research and reports, featuring information concerning finance, investing, company and stock research and ratings, stock prices, credit ratings, equity research, funds, financial indices, risk solutions and investment data.
1.3 Rising Advantage may change these Terms and Conditions of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms and Conditions of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms and Conditions of Use” link on the home page of the Site to view the then-current terms. If you breach any of the Terms and Conditions of Use, your license to access or use this Site shall automatically terminate.
2. Intellectual Property; Limited License to Users.
2.1 Subject to your compliance with these Terms and Conditions of Use, any applicable license agreement with Rising Advantage, and the law, you may access and use the Site. Rising Advantage remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms and Conditions of Use. Rising Advantage may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Rising Advantage’s sole discretion. Rising Advantage provides the Site on an “as is” and “as available” basis.
2.2 All content on this Site, including but not limited to images, private and public products available for download and/or purchase, user data, and related metadata (collectively the “Rising Advantage Content” or “Content”), as well as the selection and arrangement of the Rising Advantage Content, are protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Rising Advantage Content violates such laws and this Terms and Conditions of Use. Except as expressly provided herein or in a separate license agreement between you and Rising Advantage, Rising Advantage does not grant any express or implied permission to use the Site or any Rising Advantage Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Rising Advantage Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Rising Advantage Content.
2.3 You may not remove any watermarks or copyright notices contained in the Rising Advantage Content.
3. Rising Advantage Trademarks.
3.1 For the purposes of these Terms and Conditions of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Rising Advantage.
3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Rising Advantage Trademark, unless expressly conferred by these Terms and Conditions of Use.
3.3 You agree that you will not use Rising Advantage’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Rising Advantage.
3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Rising Advantage Trademarks or the Trademark rights claimed by Rising Advantage.
3.5 You agree that you will not use any Rising Advantage Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
3.6 You may not at any time, adopt or use, without Rising Advantage’s prior written consent, any word or mark which is similar to or likely to be confused with Rising Advantage’s Trademarks.
3.7 The look and feel of the Rising Advantage website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Rising Advantage and may not be copied, imitated or used, in whole or in part, without the prior written consent of Rising Advantage.
3.8 All other trademarks, images, copyrights, Rising Advantage Content, product names, and company names or logos used or appearing on the Rising Advantage website are the property of Rising Advantage or its vendors. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Rising Advantage, unless expressly so stated.
3.9 You may not use a Rising Advantage trademark, logo, image or other proprietary graphic of Rising Advantage to link to the Rising Advantage website without the prior written consent of Rising Advantage.
3.10 You may not frame or hotlink to the Rising Advantage website or any Image without the prior written consent of Rising Advantage.
4. Information You Provide.
4.2 Rising Advantage will use and protect your personal information, such as your name and address, in accordance with the Rising Advantage Privacy Statement, the contents of which are incorporated by reference into these Terms and Conditions of Use.
5. User Generated Content
5.1 Our services allow users to generate, submit and/or post content “User Content” to our Site. You expressly acknowledge and agree that you, as the user, are in the best position to know whether the User Content you post is in violation of any copyright, trade secret, trademark, or any other intellectual property rights of another person or entity. Rising Avantage does not, and cannot, police or otherwise review User Content as a matter of course or policy to determine if and whether your User Content is infringing. Therefore, it is very important that you are cautious and careful when deciding whether to make the User Content available on our Site. To better understand the laws of intellectual property, specifically copyright and fair use, please visit the United States Copyright Office website here (http://www.copyright.gov/laws/) as it has a wealth of excellent information available free to you. You therefore agree that any User Content in which you generate, submit and/or post to our Site using our services does not and will not violate any law or infringe on the rights of any third party, including without limitation any intellectual Property Rights (defined below), publicity rights or rights of privacy. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, trademark, or any other intellectual property rights, or any other harm resulting from your web clipping, uploading, posting or submission of User Content to our Site.
5.2 We reserve the authority to edit or remove User Content submitted to our Site for any reason, including User Content that we believe in our sole discretion, violates or Legal Notices.
5.3 You are prohibited from posting on or transmitting through our Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material or content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
5.4 If you are under 18, please do not attempt to access, post, register, or purchase anything on our Site.
5.5 You will retain all ownership rights to any User Content that you generate, submit and/or post to our Site, and we are not obtaining ownership rights to any of your User Content. We do, however, need you to grant us a nonexclusive, royalty-free, irrevocable, transferable, sub-licensable, worldwide license in your User Content, so that we can incorporate such User Content in our offered services. Without such rights, we may be violating copyright and other laws by storing, posting, compiling, backing up and allowing the download of your User Content on our Site. The rights your grant to us include the right to modify, reproduce, distribute, prepare derivative works, reformat, publish, and add certain links to your User Content, so that we can present it in a user friendly format to enhance your user experience in connection with our services.
We absolutely respect the intellectual property of others, and we ask you to do the same. Rising Advantage complies with the federal Digital Millennium Copyright Act “DMCA”), the text of which may be found on the here (http://www.copyright.gov/legislation/dmca.pdf). We will promptly respond to notices of alleged copyright infringement or other intellectual property infringement that complies with the DMCA and other applicable laws. In addition, you agree that, in the event Rising Advantage receives a written notice in accordance with the DMCA notice elements alleging that certain User Content infringes upon, dilutes, tarnishes or otherwise violates a trademark or trade secret rights, Rising Advantage may in its sole discretion remove, delete or disable access to such User Content.
If you would like to submit written notice of an alleged copyright infringement, such written notice may be sent to our designated agent via our online DMCA complaint form here.
Should you choose not to send notice via the online DMCA complaint form above, a written notice of alleged copyright infringement must be addressed to our designated agent as listed below and include the following: 1) a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; 2) specific identification of each copyrighted work claimed to have been infringed; 3) a description of where the material believed to be infringed is located on our Site; 4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6) a statement that the information in the written notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are alleging infringement of an intellectual property right other than copyright, please provide a written notice specifying the intellectual property right at issue (for example, “trademark”) and send via email to our Copyright Agent, Jeremy McKinzie at RisingAdvantage@outlook.com.
In an effort to protect the rights of intellectual property owners, we maintain the right, in our sole discretion, to terminate, in appropriate circumstances, the access and use of our services of users who are repeat infringers.
5.6 Pursuant To DMCA, 17 U.S.C. § 512(g)(2), if you believe your User Content was removed or disabled as a result of the mistake or misidentification that your User Content was infringing, please send our designated agent a counter notification containing the following information: 1) a physical or electronic signature of the user; 2) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or access to it was disabled; 3) a statement under penalty of perjury that the user has a good faith belief that the User Content was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and 4) the user’s name, address, and telephone number, and a statement that the user consents to the laws of the State of Illinois, arbitration, and for certain matters the United States District Court for the Northern District of Illinois, as provisioned below, and that the user will accept service of process from the person who alleged copyright infringement using the DMCA complaint form above.
5.7 Upon our designated agent’s receipt of the counter notification described above, we will promptly provide the person who alleged copyright infringement using the DMCA complaint form above with a copy of the counter notification, and inform that person that we will replace the removed User Content or cease disabling access to it within ten (10) to fourteen (14) business days; unless the person alleging copyright infringement files an action seeking a court order to restrain the user from engaging in infringing activity relating to the User Content on our Site.
5.8 When you register for our services offered through the Site, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for any and all illegal activity that occurs on your account. We cannot guarantee that unauthorized third parties will not defeat our security measures. Please notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Your personal account through our Site, and all User Content generated, submitted and/or posted to your account, is private and should not be shared. If you share your User Content with anyone, we shall have no liability to you (or anyone you share your User Content).
6. Orders for Financial Markets Research and Reports
6.1 Rising Advantage strives to provide the very best financial markets research and reports, among providing other products and services. Rising Advantage makes certain its products are available for sale via the Site. Any and all products purchased may only be used for personal, noncommercial informational purposes. No product purchased may be reproduced, resold or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
6.2 Should you purchase any Rising Advantage products or Content, you agree to pay in full the prices for any purchases you make either by credit card or debit card concurrent with your online order. You agree to pay all applicable taxes. If payment is not received by Rising Advantage from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by Rising Advantage. Certain Rising Advantage products and Content that you purchase and/or download through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download. Once the Rising Advantage product or Content is purchased, absent extraordinary circumstances, Rising Advantage will not issue a refund as the Rising Advantage product or Content is out of Rising Advantage’s control.
6.3 You assume all risk related to the use of our services, products and Content, including, but not limited to, all of the risks associated with any online or offline interactions with other users of our services. You hereby represent, understand and expressly agree to take all necessary precautions when interacting with any user of our services.
7. Disclaimer of Warranty
7.1 Our services and Content are provided on an “as is” basis without warranty of any kind, whether express or implied. You also acknowledge that we have no control over what third party content you access using our services. Furthermore, we make no representation concerning any third party content accessed through our services, and we are not responsible or liable for the accuracy, copyright compliance, legality or decency of any third party content you access through our services.
7.2 RISING ADVANTAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RISING ADVANTAGE DOES NOT REPRESENT OR WARRANT THAT ITS OFFERED SERVICES AND CONTENT IN THIS SITE OR ANY THIRD PARTY WEBSITE ACCESSED BY OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RISING ADVANTAGE DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
8.1 IN NO EVENT SHALL RISING ADVANTAGE OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE, SERVICES, PRODUCTS, OR CONTENT CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RISING ADVANTAGE, THIRD PARTY CONTENT ACCESSED THROUGH OUR SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RISING ADVANTAGE RECORDS, SOFTWARE, CONTENT OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RISING ADVANTAGE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), DEFAMATION, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, UNAUTHORIZED ACCESS, USE OR TRANSMISSION OF CONTENT ARISING OUT OF OR RELATING TO THE USE OF RISING ADVANTAGE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RISING ADVANTAGE FOR ACCESS TO OR USE OF THIS SITE OR ITS SERVICES, PRODUCTS OR CONTENT.
Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
9.1 In addition to other restrictions under the Terms and Conditions of Use, you agree that you shall not:
(a) Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Rising Advantage or any third party.
(b) Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms and Conditions of Use.
(c) Violate the rights of Rising Advantage or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
(d) Disrupt the Site or the way it functions, interfere with other users’ enjoyment of the Site or Services or use the Site to deceive, harass or solicit people.
(e) Scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.
10. Links to Third Party Sites
10.1 In the event that the Site is available through any third-party platform, or if Rising Advantage provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Rising Advantage makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Rising Advantage, and Rising Advantage provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Rising Advantage.
10.2 In no event shall any reference to any third party or third party service or product be construed as an approval or endorsement by Rising Advantage.
12.1 By using our Site and Services, you agree to indemnify, hold harmless and defend Rising Advantage, its officers, directors, members, employees and agents, from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ and accounting fees, costs of defense of claims, suits or proceeding brought by third parties, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use of our Site, services, products and Content, (ii) your breach of any of our Legal Notices, (iii) your breach or infringement of any third party right, including without limitation any copyright, trademark, or privacy right, or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive our Legal Notices and your use of our Site, services, products and Content.
12. Jurisdiction Outside the US.
12.1 We make no representations that information on this Site or through our Services is appropriate or available for use outside the United States. Users who choose to access this Site and our Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
13.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be in Chicago, Illinois. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Rising Advantage shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Rising Advantage, such action is necessary or desirable. YOU AND RISING ADVANTAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Rising Advantage agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Rising Advantage acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under these Terms and Conditions of Use.
13.2 These Terms and Conditions of Use are governed by and shall be construed in accordance with the laws of the State of Illinois, without respect to its conflict of laws principles.
13.3 These Terms and Conditions of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms and Conditions of Use shall not affect the validity or enforceability of the balance hereof.
13.4 If any provision of these Legal Notices is deemed invalid, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Legal Notices will remain in full force and effect. Any failure by Rising Advantage to enforce these Legal Notices will not be construed as a waiver of any right or remedy of Rising Advantage.
14. For Additional Information
If you have any questions regarding our Legal Notices, please contact RisingAdvantage@outlook.com.
IF YOU DO NOT AGREE TO ALL OF OUR LEGAL NOTICES, YOU MUST NOT USE OUR SITE OR OUR SERVICES, PRODUCTS OR CONTENT. BY USING OUR SITE AND OUR SERVICES, PRODUCTS OR CONTENT YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR LEGAL NOTICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.