Terms and Conditions

This website and its related services and tools (collectively, the “Website”) is operated by J.R. Reingold & Associates, Inc. (“Reingold”) and these terms and conditions apply to all websites, tools and services owned, operated, controlled and otherwise made available by Reingold, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).

IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE (ALONG WITH ALL TERMS REFERENCED HEREIN, THE “TERMS”) CAREFULLY BEFORE ACCESSING OR USING THIS PLATFORM, WEBSITE, SUBSCRIBING TO OR PURCHASING REINGOLD  SERVICES OR PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE REINGOLD PLATFORM SERVICES AND PRODUCTS, AND THE RELATED REINGOLD SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “REINGOLD PLATFORM”).

REINGOLD IS WILLING TO PROVIDE YOU WITH ACCESS TO THE REINGOLD PLATFORM AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION FORM RECEIVED BY YOU FROM REINGOLD OR ITS AFFILIATES IN CONNECTION WITH THE REINGOLD PLATFORM (COLLECTIVELY, “REGISTRATION”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY additional terms and conditions that can be viewed either on the pages containing ANY services or offerings, or via a link on those pages or other directions to the additional terms and conditions (COLLECTIVELY, THE “AGREEMENT”).  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE REINGOLD PLATFORM, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING ANY COMPONENT OF THE REINGOLD PLATFORM.

This Agreement represents a legally binding agreement among you, your representatives, and Reingold.  Please be advised that this Agreement contains provisions that govern the handling of lawsuits (see “Warranty Disclaimer”, “Limitation of Liability”, “Arbitration” and “Jurisdiction” provisions below (among others)).  It also contains a waiver of jury trial and an agreement to arbitrate which will, with limited exception, require you to submit claims you have against Reingold or Reingold’s agents to binding and final arbitration.

Authority

By accessing, subscribing, downloading and/or otherwise using the Reingold Platform, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Reingold that may be published from time to time within the Reingold Platform.

Intellectual Property

The Reingold Platform is owned and operated by Reingold, and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties – Copyright 2023 J.R. Reingold & Associates, Inc. – All rights reserved.  The compilation and arrangement of all content, data and other information found within the Reingold Platform is also the sole and exclusive property of Reingold and its licensors and is protected by U.S. and international intellectual property laws.  The “look and feel” of the Reingold Platform, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Reingold and its licensors and are fully protected under U.S. and international intellectual property laws.

Use of the Reingold Platform

Subject to the terms and conditions set forth herein and any third party restrictions, Reingold grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Reingold Platform to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Reingold Platform solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on the Reingold Platform; provided you retain all Reingold copyright and proprietary notices contained in the original materials or any copies thereof.

All rights not expressly stated herein are reserved by Reingold and Reingold disclaims any and all implied licenses.  Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Reingold Platform, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Reingold Platform, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Reingold Platform, or any part thereof, including, but not limited to, using any part of the Reingold Platform to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Reingold Platform in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Reingold, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use the Reingold Platform to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using the Reingold Platform; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Reingold Platform; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Reingold or users of any Reingold Platform computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Reingold Platform or servers or networks connected to the Reingold Platform, or violate any requirements, procedures, policies or regulations of networks connected to the Reingold Platform; and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.

You agree not to access the Reingold Platform by any means other than through the interface that is provided to you by Reingold for use in accessing the Reingold Platform.

By posting of information or other materials on the Reingold Platform or by making such information available for downloading by you, Reingold does not waive any proprietary right in and to the Reingold Platform (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Reingold Platform for the limited license expressly granted herein.

Submissions

Subject to Reingold’s Privacy Policy (with respect to personal identifiable information), any and all registration information, descriptions, designs, questions, answers, comments, suggestions, ideas, graphics, videos, content, data, personally identifiable information and any other information that you transmit to Reingold through the Reingold Platform or email (each a “Submission”) may be used by Reingold anywhere, anytime and for any reason whatsoever.  You shall remain the sole and exclusive owner of your Submission, and you shall be solely responsible for your Submission and the consequences of posting or publishing it.  By submitting your Submissions to Reingold, you hereby grant Reingold a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever whether now known or hereinafter becomes known.

Any Submission you provide to Reingold will be deemed public information and not subject to any confidentiality obligation and Reingold shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, Reingold’s Privacy Policy shall govern Reingold’s disclosure of such information if not otherwise waived by you. 

By making a Submission, you waive the right to make any claim against Reingold or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, shareholders and successors and assignees related to the Submission, including, but not limited to, unfair competition, infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.

You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Reingold.  You also agree to maintain and promptly update your Submissions by means of the Reingold Platform in order to keep that information true, accurate, current and complete.

Submission Disclaimer

Reingold does not and cannot review all Submissions posted to or created by users accessing the Reingold Platform and is not in any manner responsible for the content, postings and/or communications or the activities of these users.  You acknowledge that by providing you with the ability to view and distribute user-generated content through the Reingold Platform, Reingold is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities.  Even though Reingold may monitor and review Submissions, Reingold assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation.  Notwithstanding the foregoing, Reingold reserves the right to block or remove Submissions, communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene; (b) fraudulent, inaccurate, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another; (d) offensive or otherwise unacceptable to Reingold as determined in its sole discretion; or (e) violates these Terms.

Limitations on Internet

You acknowledge that Reingold may establish limits concerning use of the Internet, including, without limitation, the maximum number of days that Submissions will be retained by Reingold on the Reingold Platform, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored by the Reingold Platform, and the frequency with which you may access the Reingold Platform.

You agree that Reingold has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet.  You acknowledge that Reingold reserves the right at any time to modify or discontinue the Reingold Platform (or any part thereof) with or without notice, and that Reingold shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Reingold Platform.

Electronic Delivery Policy and Your Consent

By using the Reingold Platform, you consent to electronically receive from Reingold all communications including notices, agreements, legally required disclosures or other information in connection with the Reingold Platform (collectively, “Notices”).  Reingold shall provide such electronic Notices by posting them on this Reingold Platform, through a messaging system and/or other similar notification application and/or service.  If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Reingold Platform.

Trademarks

Any and all trademarks displayed within the Reingold Platform are owned by Reingold, its licensors or its affiliates.  Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Reingold.  “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Reingold or its licensors, including, but not limited to, all parts of the Reingold Platform and any other materials or information related to the business or activities of Reingold that are not generally known to others engaged in similar businesses or activities.

Warranty Disclaimers

You access and use the Reingold Platform at your own risk.  The Reingold Platform is provided to you on an “as is” and “as available” basis.  When using the Reingold Platform, information will be transmitted over a medium that may be beyond the control and jurisdiction of Reingold and its suppliers.  To the fullest extent permissible pursuant to applicable law, Reingold disclaims all representations, guarantees and warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.  With respect to Third-Party Sites (as hereinafter defined), we make no representation and/or warranty on their behalf.

Without limiting the foregoing, Reingold does not represent or warrant that (a) the Reingold Platform will be uninterrupted, timely, secure or error-free, (b) the defects in the Reingold Platform will be corrected, (c) the Reingold Platform or the servers that operate the Reingold Platform are free of viruses or other harmful components, (d) the data, results and information within the Reingold Platform will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Reingold Platform will meet your needs, requirements or expectations.

Reingold may make changes to the content within the Reingold Platform or to the Submissions or services described in it, at any time without notice to you.  Further, Reingold assumes no liability or responsibility for any errors or omissions in the content within the Reingold Platform.  The materials in the Reingold Platform may be out of date or inaccurate, and Reingold specifically disclaims any duty to update such content.

Any material downloaded or otherwise obtained by you through the use of the Reingold Platform is done at your sole discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.

You acknowledge and agree that Reingold shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Reingold and/or its suppliers.

If any of the exclusions set forth in this section are determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Reingold Platform, and no warranties shall apply after such period.

Disruptive Behavior

Harassment in any manner or form on the Reingold Platform, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including a Reingold employee or representative, as well as other customers, trading partners, members or visitors on this Reingold Platform is prohibited.  You may not upload to, distribute, send or otherwise publish through or within the Reingold Platform any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to civil liability, violate any law or infringe on a third party’s intellectual property right (including, but not limited to, spam, offensive, sexual, racial or gender related material, or material that violates Reingold’s then current policies).  You may not upload commercial content on or within this Reingold Platform or use the same to solicit others to join or become members of any other commercial online service or other organization.

You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Reingold Platform; (b) use Internet Relay Chat (IRC) bots via this Reingold Platform (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Reingold Platform or the normal flow on this Reingold Platform of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) run any program on the Reingold Platform that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Reingold Platform or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Reingold Platform in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Reingold Platform to access the accounts of others without permission; (j) attempt to penetrate security measures of Reingold or another entity, or obtain or bypass others’ passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).

Limitation of Liability

NEITHER REINGOLD, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE REINGOLD PLATFORM, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE REINGOLD PLATFORM AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM (1) YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE REINGOLD PLATFORM OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE REINGOLD PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE REINGOLD PLATFORM; (2) THE LINKING TO OTHER WEBSITES FROM THE REINGOLD PLATFORM; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE REINGOLD PLATFORM; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE REINGOLD PLATFORM WHETHER OR NOT REINGOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT SHALL REINGOLD’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO REINGOLD FOR ACCESS AND USE OF THE REINGOLD PLATFORM OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE REINGOLD PLATFORM, OR, IN ALL OTHER CASES, TEN DOLLARS ($10.00).

Access to Reingold Platform

You shall be responsible for obtaining access to the Reingold Platform and for all equipment necessary to access the Reingold Platform and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges).  You are responsible for all charges associated with connecting you to the Reingold Platform, including, without limitation, all telephone, equipment, airtime and internet service provider charges.

Passwords and Your Obligations

To the extent implemented by Reingold, you may be asked to register as a member on certain pages or services within the Reingold Platform and to select a unique username and password in order to be able to access your account and use the Reingold Platform.  As a registered member, you will be responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you.  You agree to immediately notify Reingold in writing of any breach of security, including, without limitation, unauthorized use of your username or password.  You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify your account.  If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your user name and password using the contact instructions below.

Security

The Reingold Platform resides on the public internet. Reingold uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Reingold and any information stored on servers controlled by Reingold. Notwithstanding these efforts, Reingold cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Reingold Platform; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Reingold Platform, overloading, “flooding,” “mailbombing” or “crashing” the Reingold Platform.  Violations of system or network security may result in civil or criminal liability.  Reingold reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Indemnification

You agree to indemnify, defend, and hold harmless Reingold, its affiliates, agents, vendors, distributors, licensors, suppliers, successors and assignees and their officers, directors, and employees from and against any and all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, dues, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes (whether federal, state, local, or foreign), liens, losses, expenses, and fees, including, without limitation, court costs and reasonable attorneys’ fees and expenses, resulting from (a) any third party claim, arising from your use of the Reingold Platform,  (b) any violation of this Agreement by you, (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (d) your use of (or inability to use) the Reingold Platform, and (e) any use of your Submission by Reingold or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.

Blog Disclaimer

The blog entries (if any), quotations and other editorial content on this Reingold Platform are provided “as is” with no warranties.  The blog entries (if any) are solely the opinion of the author and do not necessarily reflect the opinions of Reingold.

Termination

You agree that Reingold, in its sole discretion, may terminate this Agreement at any time and/or suspend your access to and use of the Reingold Platform (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Reingold believes that you have violated or acted inconsistently with this Agreement.  Reingold reserves the right at any time to modify or discontinue, temporarily or permanently, your access to and use of the Reingold Platform (or any part thereof) without notice.  You agree that Reingold shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of, or access to, the Reingold Platform.  Your obligations under this Agreement shall continue even after Reingold has terminated and/or cancelled your access to the Reingold Platform.

Typographical Errors

On rare occasions, a service and/or a product may be priced incorrectly on the Reingold Platform.  If this occurs, then at the sole discretion of Reingold, Reingold may either (a) refuse or cancel your order whether or not the order has been confirmed and you have paid, (b) contact you for instructions, (c) cancel the order for such service and notify you of such cancellation, or (d) sell the product or perform the service at the incorrect price to your benefit.

Privacy Policy

We realize that you are concerned about how the information you provide online will be used.  Reingold has a Privacy Policy that discloses what information Reingold collects about you, how Reingold uses such information, the steps Reingold takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used.  The Privacy Policy is available on the Reingold Platform and is incorporated herein by this reference.  Please read our Privacy Policy for more details.

Jurisdiction

This Agreement shall be governed and construed in all respects by the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Reingold’s Platform, and purchases of products and/or services through the Reingold Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply.  You agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia or the United States District Court for the State of Virginia for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Reingold Platform. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

YOU WAIVE ALL RIGHTS TO TRIAL BY JURY OF ANY CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.  YOU ACKNOWLEDGE THAT THIS IS A WAIVER OF A LEGAL RIGHT AND REPRESENT THAT YOUR WAIVER IS MADE KNOWINGLY AND VOLUNTARILY AFTER CONSULTATION WITH COUNSEL OF YOUR CHOICE.  TO THE EXTENT APPLICABLE, YOU AGREE THAT ALL SUCH CLAIMS SHALL BE TRIED BEFORE A JUDGE OF A COURT HAVING JURISDICTION WITHOUT A JURY.

Miscellaneous Provisions

Additional Fees

You shall immediately notify Reingold in writing if you know or have reason to believe that Reingold has been or will be required, as a result of activity arising out of or related to this Agreement or your use of the Reingold Platform by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of your affiliates, officers, directors, agents, employees, or subcontractors is involved.  Whether or not such notice is given by you, you shall directly assist Reingold in Reingold’s attempt to reduce the burdens of compliance with any such directives, and you shall reimburse Reingold for any and all reasonable expenses incurred by Reingold in complying with any such directive, including, but not limited to, attorneys’ fees and Reingold’s fees for representation and advice, travel and lodging expenses that are incurred by Reingold in responding to such matters.

Order of Preference

This Agreement governs your use and access to the Reingold Platform.  This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Reingold.  To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Reingold Platform, conflicts with any provision of your other agreements with Reingold the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.

Links to Other Web Sites

The Reingold Platform may contain links to other websites (“Third-Party Sites”) controlled or offered by third parties (non-affiliates of Reingold).  Reingold is not responsible for the content, accuracy or opinions expressed on such Third-Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Reingold.  Reingold hereby disclaims any and all liability for, any information, materials, and products or services posted or offered at any of the Third-Party Sites.  By creating a link to Third-Party Sites, Reingold does not endorse or recommend any products or services offered or information contained at Third-Party Sites, nor is Reingold liable for any failure of products and services offered or advertised at those sites.  Such third parties may have a privacy policy different from that of Reingold and Third-Party Sites may provide less security than Reingold.

Revisions and Consents

Reingold reserves the right to revise this Agreement at any time and for no or any reason whatsoever.  Reingold also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Reingold Platform.  Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Reingold Platform or via electronic notice as described above.  By continuing to access this Reingold Platform, you acknowledge and agree that you shall be bound by such revisions.  Accordingly, you should periodically review this Agreement.

Forward-Looking Statements

Reingold may make forward-looking statements concerning Reingold’s future performance.  Such statements are subject to risks and uncertainties that may cause Reingold’s actual performance to differ materially from that set forth in such forward-looking statements.  Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements.  Such statements speak only as of the date on which they are made.  Reingold undertakes no obligation to update publicly or revise any such statements.  Factors that could cause Reingold’s actual financial and other results to differ materially from those projected by Reingold in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.

Entire Agreement

This Agreement constitutes the entire agreement between you and Reingold with respect to the subject matter addressed herein and governs your access to and use of the Reingold Platform, superseding any prior agreements between you and Reingold relating to such subject matter, but this Agreement may be supplemented by other agreements that you executed with Reingold.

Arbitration

Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator.  If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in Tysons Corner, Virginia, in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).

Attorney Fees

Should any suit be commenced to enforce Reingold’s rights and in the event Reingold is successful, you agree to pay Reingold’s expenses and attorney’s fees incurred.

General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.  You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

Reingold’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein.  Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement.  Reingold may assign its rights and duties under this Agreement to any party at any time without notice to you.  You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Reingold.  The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

In the event of a breach of any of the foregoing provisions, you agree that the harm suffered  by Reingold would not be compensable by monetary damages alone and, accordingly, that Reingold shall, in addition to other available legal or equitable remedies, be entitled to an injunction against such  breach without the need to post a bond.

Applicability of Content

The servers supporting the Reingold Platform are operated in the United States of America, and Reingold makes no representation that the content provided through the Reingold Platform are applicable or appropriate for use in jurisdictions other than the United States of America.  If you access the Reingold Platform from outside of the United States of America, please be aware you are responsible for compliance with any applicable laws.  To the extent any applicable local laws prohibit your viewing and use of the Reingold Platform, you may not view or use the Reingold Platform.

Reingold Intellectual Property Notice

Pursuant to the Digital Millennium Copyright Act, Reingold has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Reingold Platform.  Reingold respects the intellectual property of others and asks our users to do the same.  If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Reingold’s Intellectual Property Agent the following information (the “Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Reingold Platform; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the applicable intellectual property owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Reingold’s Agent for transmitting the Notice for claims of copyright or other intellectual property right infringement can be contacted at:

legal@reingold.com

J.R. Reingold & Associates, Inc.

c/o DMCA Agent

1321 Duke St.

Alexandria, VA 22314

United States

Print these Terms

You acknowledge that you have read this Agreement and have had an opportunity to consult with an attorney.  For record keeping purposes, Reingold encourages you to print this Agreement and the ancillary documents described herein.

You agree that this Agreement, combined with your act of using the Reingold Platform have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds.  You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized.  In addition, you acknowledge that you have had the opportunity to print this Agreement.

Updated: November 1, 2023