Terms of Use

Last updated: September 29, 2017

ALL USERS MUST READ THIS SECTION. PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

ACCEPTANCE OF TERMS OF USE.  By creating a profile, subscribing to and/or accessing any our service or system, including through www.righthandreports.com (the “Site”), you agree to the terms and conditions on behalf of you and any company you are using the Site for (hereinafter “you”) in this Agreement between you and Right Hand Communications LLC (hereinafter, “RHC”, “we”, or “us”). If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” or the “Agreement”), your only recourse is to discontinue use of the Site and, if you have previously subscribed to any service, notify us in writing of your termination of the service. If you terminate this Agreement and have subscribed to our services, you will not receive a refund for any portion of the service that you do not receive due to the termination.

We reserve the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference), and such changes will become effective immediately upon notification thereof. If we make changes to these Terms of Use and/or our Privacy Policy and you continue to use the Site after notification has been given, you are impliedly agreeing to the updated Terms of Use and Privacy Policy expressed herein.

You explicitly and implicitly agree to be bound by our Terms of Use and Privacy Policy each time you access our Site. If you do not wish to be so bound, please do not use or access our Site or subscribe to our services.

Limited License

RHC grants you a non-exclusive, non-transferable, revocable license to access and use our Site in order for you to make purchases of subscriptions and related products and services through our Site, strictly in accordance with our Terms of Use.

Copyrights and Trademarks

Copyright. All content on the Site, including, but not limited to, the subscription reports, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of RHC with all rights reserved, unless individual elements have been used by permission or are rights-free. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without RHC’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, photos, video, graphics, music, sound, and the entire contents of RHC protected by copyright as a collective work under the United States copyright laws. RHC owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content, including any reports that you subscribe to or purchase individually, on any internet, intranet, or extranet site or incorporate the information in any other database or compilation. RHC does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of this Section apply equally to and are for the benefit of RHC, its subsidiaries, affiliates, third-party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. RHC aggressively enforces its intellectual property rights to the Site Content to the fullest extent of the law.

Trademarks. Right Hand Reports, righthandreports.com, and our logo are trademarks of Right Hand Communications LLC. All rights in respect of these trademarks are hereby expressly reserved. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Right Hand Communications LLC, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of RHC, unless otherwise stated. The names and wordmarks (logos) of Right Hand Reports and RHC may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior, written permission from RHC. RHC prohibits use of any logo or wordmark of RHC as part of a link to or from any Site unless RHC approves such link in advance and in writing. Fair use of RHC’s intellectual property requires proper acknowledgment. Other product and company names mentioned in our Site may be the intellectual property of their respective owners.

Copyright and Trademark Complaints. RHC respects the intellectual property rights of others. RHC is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and RHC requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third-party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When RHC receives proper Notification of Alleged Copyright Infringement, RHC promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright or other intellectual property right that you own or control, please contact info@righthandcom.com to report infringement of your copyright. RHC may, at its sole discretion, terminate users who are deemed by RHC to be have committed copyright infringement, whether or not there is any repeat infringement.

Links to Third-Party Websites

Our Site may contain links to websites owned or operated by parties other than RHC. Such links are provided for your reference only. We do not monitor or control outside websites and are not responsible for their content. Inclusion of links to an outside website does not imply any endorsement of the material or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor; nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.

Misrepresentation of Identity and Location

Subscriptions to Right Hand Reports and any other product or service offered through this Site are limited to individuals in countries included in the dropdown menu on the Shop page. Anyone attempting to register for a subscription from any other country, or by using any form of digital technology designed to mask where the subscriber is located, shall be fully responsible for any taxes, penalties, or other legal fees resulting from their misrepresentation.

Subscription Payment and Renewal

All subscriptions to Right Hand Reports are billed annually. We will alert you via email about a month before your subscription is due for renewal. It is your responsibility to ensure that you have included a valid email address and that you email us updated contact information as necessary.

Content Disclaimer 

POSTINGS ON OUR SITE ARE MADE AT SUCH TIMES AS RHC DETERMINES IN ITS DISCRETION. YOU SHOULD NOT ASSUME THAT THE INFORMATION CONTAINED ON OUR SITE OR IN OUR REPORTS HAS BEEN UPDATED OR OTHERWISE CONTAINS CURRENT INFORMATION. RHC DOES NOT REVIEW PAST POSTINGS OR REPORTS TO DETERMINE WHETHER THEY REMAIN ACCURATE AND INFORMATION CONTAINED IN SUCH POSTINGS MAY HAVE BEEN SUPERSEDED. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Legal Advice Disclaimer

You understand that RHC provides event report subscriptions, and may provide individual reports, for sale through our Site. You acknowledge that neither RHC nor its reports offer legal or professional advice. We do not otherwise guarantee the legal or other accuracy of reports provided through a subscription or individually or through information provided on this Site.

Refunds

RHC does not provide refunds for subscriptions. However, anyone who has not previously been a subscriber may request a free sample report and list of planned events that will be covered in the current subscription period in order to assess the value of the subscription. Subscriptions may also be transferred to another individual in the same business organization with the same email domain if the original subscriber no longer wishes to subscribe. The subscription renewal date will be determined by the original subscription date. If you wish to transfer your subscription, please send a request via the Contact Form or via the address from which you received your most recent report.

No Warranties; Exclusion of Liability; Indemnification

THE SITE IS OPERATED BY RHC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RHC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR THE SITE AND ANY SUBSCRIPTIONS, REPORTS, AND SERVICES YOU PURCHASE THROUGH IT. RHC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR SUBSCRIPTIONS OR PRODUCTS OR SERVICES SOLD THROUGH THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOUR USE OF THE SITE AND ANY SUBSCRIPTIONS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER RHC OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, SUBSCRIPTIONS, REPORTS, AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL RHC’s LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO RHC FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

RHC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO RHC IN THE TWELVE MONTHS PRIOR TO THE INCIDENT RESULTING IN LIABILITY. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO RHC, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM RHC, REGARDLESS OF THE CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, RHC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

RHC MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE, SUBSCRIPTIONS, REPORTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify, and hold RHC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Site or any subscriptions, reports, or services you purchase through the Site and/or from RHC.

User Communications and User Content.

By submitting any material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. forum area, blog comments, etc.) or by private transmission (i.e. email to RHC), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted RHC a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user’s personal use. You hereby grant RHC the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes provided that such User Communication does not contain any information protected under state or federal law. You agree that RHC shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication.

Credit Card Charges.

RHC uses third parties to provide billing and payment services, including PayPal. By entering your credit card information, you agree and acknowledge that you will be bound by these third parties’ terms of use and privacy policy in addition to the policies of this Site. You agree to submit any disputes regarding any charge to your account in writing to RHC within thirty (30) days of such charge; otherwise such dispute will be waived and such charge will be final and not subject to challenge.

Export Controls.

RHC’s services offered as part of these Terms of Use are subject to all relevant United States export control laws and regulations. RHC makes no representation that this Site is appropriate or available for use in other locations outside the United States. By using this Site and/or purchasing subscriptions, reports, or other services through this Site, you represent and warrant that: (i) you are not listed on the U.S. Commerce Department’s Table of Denial Orders, the U.S. Treasury Department’s lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States; (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations.

Security and Uptime.

You acknowledge that the internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of RHC. While RHC makes reasonable precautions against loss or theft of your data, RHC shall not be responsible for any data lost or stolen while transmitting information on the internet. While it is RHC’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.

Equipment.

You are responsible for obtaining and maintaining all internet connections, computer hardware, and other equipment needed for access to and use of this Site, including purchasing any software necessary to view or use parts of the Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the internet. RHC shall not be liable for any damages to a user’s equipment resulting from the use of this Site.  Be aware that browser version updates and software updates to frequently used tools such as Adobe Acrobat, Preview and other PDF software, may change the way RHC renders on your devices, and having obsolete software may make the reports unreadable on your hardware until the software is updated to a newer version.

Third-Party Content.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of RHC. Neither RHC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Termination by Client.

You may terminate this Agreement at any time by providing written notice to RHC. Upon termination, you will no longer receive any subscription reports, your account will be deactivated, and you must cease all use of the Site unless you re-agree to these Terms. Even if you terminate this Agreement, your annual subscription fee will not be refunded.

Termination by RHC.

RHC may terminate this Agreement at any time. Without limiting the foregoing, RHC shall have the right to immediately terminate and/or suspend any account of any user:

  1. in the event of any conduct by that account user that RHC, in its sole discretion, considers to be unacceptable;
  2. in the event of any breach of this Agreement;
  3. for failure to pay for the service as required on the Site; and/or
  4. in the case that RHC believes that the user is violating state or federal law.

Disputes.

RHC and Client agree and acknowledge that it is in our individual and mutual best interest to work together quickly and amicably to resolve any disputes which may arise with respect to the provisions of these Terms of Use. In the event that such an issue does arise, you agree to notify RHC directly and promptly, and to provide reasonable time for RHC to respond and, if applicable, for RHC to propose and/or take appropriate action toward resolving the issue.

Waiver.

The waiver by RHC of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by RHC.

Severability.

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.

Governing Law; Venue and Jurisdiction.

By using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and RHC or any of RHC’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

Attorney Fees and Collection Costs.

In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should RHC prevail, you will reimburse RHC’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.

Indemnity.

You agree to indemnify and hold RHC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

Successors and Assigns.

Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.

Electronic Communications.

You consent to receive electronic communications from RHC either in the form of email sent to you at the email address listed on your account, in your order form, or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.