Personal and Non-Commercial Use Limitation
Ownership of Content
By agreeing to this Agreement, you represent and warrant that you (i) have the authority to bind the party on whose behalf you are accessing the Website, (ii) accept these terms on your own behalf as an individual and on behalf of the authorized client or service provider on whose behalf you are accessing the Website, and/or (iii) are acting at the express instruction of the authorized client or service provider on whose behalf You are accessing the Website and agreeing to this Agreement.
No Warranties; No Responsibility to Update
NEITHER RIALTO CAPITAL NOR ANY OF ITS PROVIDERS MAKES ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, ITS SERVICES OR CONTENT. THE WEBSITE, ITS SERVICES AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR SOLE RISK. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. RIALTO CAPITAL AND THEIR RESPECTIVE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE WEBSITE, ITS SERVICES, THE CONTENT OR THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY OF THE WEBSITE, ITS SERVICES OR CONTENT OR THAT USE OF THE WEBSITE, ITS SERVICES AND CONTENT WILL NOT INFRINGE, MISAPPROPRIATE OR VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS. RIALTO CAPITAL CANNOT ENSURE THAT THE WEBSITE, ITS SERVICES OR CONTENT (INCLUDING, WITHOUT LIMITATION, FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD RELATED TO THE WEBSITE WILL BE FREE OF ERRORS, DEFECTS, VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. NEITHER RIALTO CAPITAL NOR ANY OF ITS PROVIDERS SHALL HAVE ANY RESPONSIBILITY TO MAINTAIN THE WEBSITE, ITS SERVICES OR CONTENT MADE AVAILABLE IN THE WEBSITE OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH.
Limitation of Liability
No Unlawful or Prohibited Use
References to Publications and Other Companies
Copyright Infringement Notification
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Rialto Capital to locate the material;
- Information reasonably sufficient to permit Rialto Capital 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;
- 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
- A statement that the information in the notification 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.
Termination and Cancellation
Use of the Website Outside the United States
USE OF THE WEBSITE OR CONTENT MAY BE RESTRICTED BY LAW AND/OR REGULATIONS IN CERTAIN JURISDICTIONS. THE WEBSITE IS NOT TO BE ACCESSED AND NO MATERIAL INCLUDED ON THIS WEBSITE MAY BE DOWNLOADED, STORED AND/OR USED BY, AND IS NOT INTENDED FOR ANY PERSON RESIDENT, IN ANY LOCATION OR JURISDICTION WHERE SUCH USE MAY BE CONTRARY TO LOCAL LAW, REGULATION OR BUSINESS PRACTICES. RIALTO CAPITAL DISCLAIMS ALL RESPONSIBILITY IF YOU ACCESS, USE OR DOWNLOAD ANY CONTENT FROM THE WEBSITE IN VIOLATION OF ANY LAW OR REGULATION IN THE JURISDICTION OF WHICH YOU ARE A CITIZEN OR IN WHICH YOU ARE RESIDING OR DOMICILED.
Jurisdictional Issues and Applicable Law
Unless otherwise specified, Rialto Capital controls and operates the Website from its offices within the State of Florida, United States of America.
Rialto Capital does not claim that materials in the Website are appropriate or available for use in locations other than Florida. If you choose to access the Website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
You agree that Rialto Capital may, in its sole discretion, require You to submit all controversies and claims arising under or relating to Your access and use of the Website and this Agreement to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If so requested by us, the arbitration is to be conducted in the State of Florida. Each party shall submit to any court of competent jurisdiction for purposes of the enforcement of any award, order or judgment. Any award, order or judgment pursuant to any arbitration is final and may be entered and enforced in any court of competent jurisdiction.
Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to Your access and use of the Website, this Agreement and the transactions it contemplates. This waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise.
Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any provision of this Agreement is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unimpaired and shall remain in full force and effect, and the invalid, illegal or unenforceable provision shall be replaced by a valid, legal and enforceable provision that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision. The failure of Rialto Capital to act with respect to a breach of this Agreement does not constitute a waiver and will not limit Rialto Capital’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer or sublicense this Agreement, any or all of Your rights under this Agreement, or delegate any of your obligations under this Agreement. Any such attempted assignment, transfer, sublicense or delegation is void. We may assign, transfer or sublicense any or all of our rights or this Agreement or delegate any of our obligations under this Agreement. Notices to you may be made via posting to this website, by email, or by regular mail in Rialto Capital’s discretion. A printed version of this Agreement and any notice given in electronic form is admissible in judicial or administrative proceedings relating to this Agreement to the same extent as in printed form. Except as otherwise agreed in writing, this Agreement is the sole, final and entire agreement between you and Rialto Capital relating to the Website and Content and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Rialto Capital relating to the Website and Content. Rialto Capital may amend this Agreement as set forth herein. You may not amend or modify this Agreement.
You agree to be bound by any agreement or consent you transmit to or through the Website via any media or electronic device, including internet, telephone and wireless devices.