Online Agreement
Use of the RTS Credit Service, Inc. ("RTS") website and the RTS interactive service is subject to the Terms and Conditions below. As used herein, "You" or "Subscriber" means the individual and the Company identified in the Subscriber Contact Information form.Terms and Conditions
1. LICENSE
You are granted a nonexclusive, nontransferable, limited license to access and use the RTS credit rating materials and RTS interactive service from time to time made available to you on the RTS website. This license includes the right to electronically display the RTS Credit Service Broker Credit Ratings and to obtain a printout of the credit ratings via printing commands of the RTS website, and to use the RTS interactive service. The RTS website, information and services licensed hereunder are provided for the exclusive use of the Subscriber. Only the Subscriber and its authorized employees acting on behalf of the Subscriber may access and use the RTS website, materials and services. Subscriber shall not distribute any RTS information, materials or services to any third party without RTS's express written permission. Each time you access the RTS website, you represent and warrant that you intend to use the information you access on the website in connection with a current or anticipated business transaction or transactions involving the person or entity on which the information is furnished.
RTS provides its credit rating materials and services using its proprietary database and information. The RTS Credit Service ratings are based solely on RTS Credit Service's opinion. This opinion is based on days to pay invoices, financial strength, business practices and other payment history information and experiences. RTS Credit Service disclaims all warranties as to the accuracy, completeness or adequacy of such information. RTS Credit Service shall have no liability for the opinions, errors, omissions or inadequacies contained in such information or for interpretations thereof. Opinions expressed are subject to change without notice.
You may not use information included in the RTS website to determine a consumer's eligibility for (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) a government license or benefit.
2. RTS INTERACTIVE WEBSITE SERVICE:
RTS requests that You as the Subscriber be honest and provide accurate information when accessing and utilizing the interactive service or site. THIS INTERACTIVE WEBSITE SERVICE IS MERELY A VENUE OR SYSTEM FOR THE SHARING OF INFORMATION. RTS DOES NOT CONTROL OR VERIFY THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS THAT IS MADE AVAILABLE THROUGH THIS SYSTEM. RTS believes that people are basically good and provide accurate information. RTS has no reason to believe that errors or inaccuracies exist in the information provided in this website.
RTS requires that any information provided by you regarding another subscriber, entity or individual, is truthful and factual. You alone are responsible for the content of any information which you post on the interactive service, and for the consequences of such posting.
RTS reserves the right to remove any information you provide to this site or the interactive service, if RTS becomes aware and determines, in its sole discretion, that you are violating any portion of this agreement herein.
You may find other users’ interactive information to be offensive, harmful, inaccurate or deceptive. In the event you have a dispute with one or more interactive users of this site, and by using this site, you agree to accept such risks and hold RTS (and our officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including attorney’s fees, arising out of or in any way connected with your providing information for, or receiving information from, the interactive site or system, and you agree to hold RTS (and its officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from the negligence, active or otherwise, of RTS (or its officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) in receiving or disseminating information on this system.
By either using this interactive information sharing system, by viewing the information on this site, or providing information for this interactive system, you agree to indemnify and hold RTS (and our officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from any claim or demand, including any costs, liability, expense and reasonable attorneys’ fees, made by you or any third party due to your violation of any law or the rights of you or a third party notwithstanding any negligence on behalf of RTS (and our officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees). If you are unwilling or unable to hold RTS harmless as set forth herein DO NOT PROVIDE INFORMATION FOR OR TO THIS SITE.
3. DISCLAIMERS OF WARRANTIES
ALL INFORMATION, SERVICES AND PRODUCTS, INCLUDING THE RTS CREDIT RATINGS, PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. RTS DOES NOT MAKE AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. RTS DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE RTS PRODUCTS OR SERVICES OR THE COMPONENTS THEREOF OR INFORMATION PROVIDED HEREUNDER. IN NO EVENT SHALL RTS (OR ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY SUBSCRIBER FROM RECEIPT OR USE OF INFORMATION DELIVERED HEREUNDER OR THE UNAVAILABILITY THEREOF, OR OTHERWISE IN CONNECTION WITH YOUR USE OF THIS SITE AND/OR SERVICE.
4. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT EVERY BUSINESS DECISION REPRESENTS AN ASSUMPTION OF RISK AND THAT, IN FURNISHING THE INFORMATION MADE AVAILABLE ON THE RTS WEBSITE, RTS DOES NOT UNDERWRITE YOUR RISK IN CONNECTION WITH ANY TRANSACTION WITH ANY PERSON OR ENTITY LISTED ON THE RTS WEBSITE IN ANY MANNER WHATSOEVER. NEITHER RTS, NOR ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURES AND EMPLOYEES (COLLECTIVELY "RTS") SHALL BE LIABLE TO YOU (OR ANY PERSON CLAIMING THROUGH YOU) FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY RTS'S ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE RTS CREDIT RATINGS AND OTHER INFORMATION, PRODUCTS AND SERVICES. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON RTS, THEN YOU AGREE THAT RTS'S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF RTS IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY, AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED $100.00 (US); AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE RTS FOR AN AMOUNT GREATER THAN SUCH SUM.
IN ADDITION, WITH REGARDS TO THE RTS INTERACTIVE WEBSITE SERVICE, RTS IS IMMUNE FROM LIABILITY UNDER §230 (C) OF THE FEDERAL COMMUNICATIONS DECENCY ACT OF 1996, 47 U.S.C. § 230(C), IN THE OPERATION OF ITS INTERACTIVE WEBSITE SERVICE.
5. EXCLUDED USES OF THE INFORMATION.
RTS is not a consumer reporting agency as defined in the Fair Credit Reporting Act. The RTS website materials, including the credit rating information, have not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the Fair Credit Reporting Act, nor is it expected that the RTS materials and credit rating information will be used by Subscriber to prepare a consumer report. Subscriber agrees not to use any part of this RTS database information for the purpose of serving as a factor in (1) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing credit obligations, (2) evaluating an individual for initial employment, promotion, reassignment or retention, (3) in connection with any other personal business transaction of an individual. Further, Subscriber agrees not to use any of this information directly in preparation of a consumer report.
6. COPYRIGHT
The entire contents of this website are protected by copyright laws. Copyright © 2004 RTS Credit Service, Inc. All rights reserved. Except as provided herein, no part of the materials, including graphics or logos, available in this Web site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of RTS Credit Service, Inc. Subscriber shall not remove the RTS copyright notice or any other RTS proprietary notice from RTS materials.
7. PRIVACY, REGISTRATION AND PERSONALIZATION
We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the Registration process and in our Privacy Policy. See Privacy Policy Statement. For your protection and the protection of our other customers and Web site users, Subscriber agrees not to share its Registration information (including Password and User Name) with any other person for the purpose of facilitating their access or unauthorized use of the RTS website information & products. Use of the RTS website pursuant to a free-trial offer shall be limited to one free-trial offer for Subscriber. Subscriber's use of any other user name or e-mail address to obtain additional free-trial offers is strictly prohibited.
8. HYPERLINKS
RTS may make available links from the RTS website to other, third party sites or electronic services providers that are not affiliated with RTS. RTS does not control these other sites or services, and RTS makes no representations or endorsements whatsoever concerning those sites or services. The fact that RTS has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. You agree that under no circumstances will you hold RTS liable for any loss or damage caused by your use of or reliance on, any content, goods or services available on other sites.
9. AUTOMATIC RENEWAL OF SUBSCRIPTION
You agree that your subscription membership with RTS will be renewed automatically on the anniversary of your enrollment or upon the usage of all available searches. If you paid with a credit or debit card, the same card you designated during the registration process (or subsequently changed) will be charged for each annual renewal fee. If the amount of the fee changes from the previous annual fee, you will be notified of the new amount. If you do not want your subscription automatically renewed, please notify RTS at 1-800-506-7438 before you have used all of the available searches, or within 30 days before your scheduled renewal date, whichever is earlier. You may cancel your renewed subscription within 30 days after the renewal date and receive a refund for the unused portion of your purchase.
10. MISCELLANEOUS
This Agreement and the Terms and Conditions of Subscriber's use of the RTS website, information and services shall be governed by and construed in accordance with the laws of the State of Kansas. By using this information sharing system and providing information for this system, you hereby agree that any legal dispute arising hereunder shall be adjudicated pursuant to the laws of the state of Kansas and that any judicial action for the resolution of any legal dispute arising hereunder shall be commenced or prosecuted in the 10th Judicial District Court of Kansas, sitting in Johnson County, Kansas. If you initiate any such claim or litigation, you agree to pay all RTS’S legal fees and costs in connection with said legal matter, and further agree that the 10th Judicial District Court of Kansas, sitting in Johnson County, Kansas shall have exclusive jurisdiction and venue of all legal matters. To the extent permitted by applicable law, you agree to waive your right to a jury trial with respect to any judicial action brought hereunder or in connection with RTS’s providing these services and to limit your recovery, if any, to not more than $100.00 as set forth in paragraph 4 above.
RTS may revise these Terms and Conditions at any time, and you agree to be bound by future revisions and to visit the link at the bottom of the RTS member home page periodically to review the most current Terms and Conditions.
RTS reserves the right to terminate and discontinue a Subscriber's access to and use of the RTS website, credit product and services without cause. If RTS elects to terminate a Subscriber's account, and the Subscriber is not otherwise in default under the terms of this Agreement, RTS will refund to the Subscriber the remaining balance, if any, of the Subscriber's subscription fee on the basis of the days remaining under the subscription period. Subscriber shall be entitled to no other payment from RTS.
If you have any questions or disputes about the credit rating information contained in this site or you believe that the RTS credit rating information contained herein is inaccurate or incomplete, you may request, at no charge to you, that RTS research the credit rating information contained in the report at issue and RTS may, in its sole discretion, revise or amend that credit rating information as is appropriate. All questions should be addressed to the address listed in the Privacy Policy herein.
RTS reserves the right to remove any information you provide to this site or the interactive service, if RTS becomes aware and determines, in its sole discretion, that you are violating any portion of this agreement herein. RTS requires that any information provided by you regarding another subscriber, entity or individual, is truthful and factual.
The RTS website, including this Agreement and these Terms and Conditions, is presented in both an English and a Spanish language version. In the event of any difference between the English and the Spanish versions, or in the event of any dispute between the parties, the English version shall control.
