PERMITTED USE You agree that: 1. your use of this website is subject to and governed by these Terms of Service, 2. you will only access or use this website and transact business with us if you are at least 18 years old, 3. you will comply with and be bound by these Terms of Service as they appear on this website each time you access and use this website, 4. each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Service, and 5. these Terms of Service are a legally binding agreement between you and that will be enforceable against you. You agree that you will not use or attempt to use this website for any purpose other than conducting related business with RickFerri.com as a bona fide visitor of RickFerri.com; you may not use or attempt to use this website or any part of this site for any purpose: 1. that interferes with or induces a breach of the contractual relationships between RickFerri.com and its employees, 2. that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property, 3. that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications, 4. that transmits any harmful or disabling computer codes or viruses, 5. that harvests e-mail addresses from this site, 6. that transmits unsolicited e-mail to this site or to anyone whose e-mail address included the domain name under on this website, 7. that interferes with our network services; 8. that attempts to gain unauthorized access to our network services, 9. that suggests an express or implied affiliation with RickFerri.com (without the express written permission of RickFerri.com), 10. that impairs or limits our ability to operate this website or any other person’s ability to access and use this website, and/or 11. that uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting banking related business with RickFerri.com as a bona fide client of RickFerri.com. This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
Your Compliance with this Agreement
The Site is Not Intended for Minors
The Site is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If RickFerri.com receives a complaint which states that a user of the Site is under 13 years of age, RickFerri.com will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Your Access and Use of the Site
The Site may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing users of the Site to contribute information and make statements (“User Generated Content”).
RickFerri.com is not involved in the actual transmission of User Generated Content provided in the Forums. As a result, RickFerri.com does not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that RickFerri.com has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although RickFerri.com does not regularly review User Generated Content provided in the Forums, RickFerri.com reserves the right, but not the obligation, to remove or edit any User Generated Content in the Forums. Immediately report problems with the Forums to RickFerri.com.
Transmissions, Submissions and Postings to the Site
If you transmit, submit or post information to the Site that is not Federally trademarked and/or copyrighted, you automatically grant RickFerri.com and its affiliates and assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from RickFerri.com to transmit, submit or post information to the Site that is Federally trademarked and/or copyrighted, you automatically grant RickFerri.com and its affiliates and assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. You shall not transmit, submit or post the following to the Site:
Information that infringes RickFerri.com’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights; Information that violates any law, statute, ordinance or regulation; Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to RickFerri.com or third parties or that infringes on RickFerri.com’s or any third party’s rights of publicity or privacy; Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
Information that is false, inaccurate or misleading; Commercial advertisements or solicitations without written permission from RickFerri.com; or Federally Trademarked and/or Copyrighted information without written permission from RickFerri.com.
RickFerri.com’s Intellectual Property Rights
You may not use the Proprietary Marks without the prior express written permission of RickFerri.com, which permission may be withheld in RickFerri.com’s sole discretion. RickFerri.com makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are the property of their respective owners. The information, advice, data, software and content viewable on, contained in, or downloadable from, the Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, RickFerri.com or its Content suppliers.
RickFerri.com also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of RickFerri.com or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software. You are solely responsible for any damage resulting from your infringement of RickFerri.com’s or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by RickFerri.com or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
RickFerri.com grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of RickFerri.com, which permission may be withheld in RickFerri.com’s sole discretion. You may not use any meta tags or any other “hidden text” utilizing RickFerri.com’s name or trademarks without the express written permission of RickFerri.com, which permission may be withheld in RickFerri.com’s sole discretion.
Access and Interference
The Site contains robot exclusion headers. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without RickFerri.com’s express written permission which may be withheld in RickFerri.com’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in RickFerri.com’s sole discretion an unreasonable or disproportionately large load on RickFerri.com’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of RickFerri.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass RickFerri.com’s robot exclusion headers or other measures RickFerri.com may use to prevent or restrict access to the Site. Notwithstanding the foregoing, RickFerri.com grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials on the Site, but not caches or archives of such materials. RickFerri.com reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site. You shall not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the Site without the express written permission of RickFerri.com, which permission may be withheld in RickFerri.com’s sole discretion.
When you visit the Site or send email to RickFerri.com, you are communicating with RickFerri.com electronically. You consent to receive communications from RickFerri.com electronically. Although RickFerri.com may choose to communicate with you by regular mail, RickFerri.com may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that RickFerri.com provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
Third Party Links
There may be provided on the Site links to other Web sites belonging to RickFerri.com’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by RickFerri.com of those Web sites, nor the products or services listed on those Web sites. RickFerri.com is not responsible for the activities or policies of those Web sites. RickFerri.com does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. RickFerri.com does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate or other third party on the Site are the best terms or lowest rates available in the market.
It is RickFerri.com policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. RickFerri.com shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of RickFerri.com and/or others.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to RickFerri.com’s designated agent. Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed; 2. 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; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RickFerri.com to locate the material; 4. Information reasonably sufficient to permit RickFerri.com 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 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. Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512: 1. RickFerri.com will remove or disable access to the material that is alleged to be infringing; 2. RickFerri.com will forward the Notification to the alleged infringer (”Subscriber”); and 3. RickFerri.com will take reasonable steps to promptly notify the Subscriber that RickFerri.com has removed or disabled access to the material. Counter Notification: Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to RickFerri.com ’s designated agent that includes substantially the following: 1. A physical or electronic signature of the Subscriber; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which RickFerri.com may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person. Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512: 1. RickFerri.com will promptly provide the Complaining Party with a copy of the Counter Notification; 2. RickFerri.com will inform the Complaining Party that RickFerri.com will replace the removed material or cease disabling access to the removed material within ten (10) business days; and 3. RickFerri.com will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided RickFerri.com’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on the RickFerri.com network or system.
RickFerri.com Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. RICKFERRI.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK. RICKFERRI.COM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. RICKFERRI.COM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, RickFerri.com recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances. The Site is for informational purposes only. The Site is in no way a solicitation or offer to sell securities or investment advisory services. Information throughout this site, whether stock quotes, charts, articles, or any other statement or statements regarding market or other financial information, is obtained from sources which we, and our suppliers believe reliable, but we do not warrant or guarantee the timeliness or accuracy of this information. Nothing on The Site should be interpreted to state or imply that past results are an indication of future performance. Neither we nor our information providers shall be liable for any errors or inaccuracies, regardless of cause, or the lack of timeliness of, or for any delay or interruption in the transmission thereof to the user. The Site is controlled and offered by RickFerri.com from RickFerri.com’s facilities in the United States of America. RickFerri.com makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on RickFerri.com’s Liability
RICKFERRI.COM SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RICKFERRI.COM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. RICKFERRI.COM’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100. YOU SPECIFICALLY ACKNOWLEDGE THAT RICKFERRI.COM SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of RickFerri.com
You shall defend, indemnify and hold harmless RickFerri.com and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by RickFerri.com; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).
Amendments of this Agreement
RickFerri.com reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that RickFerri.com may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, RickFerri.com shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Agreement, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Williamson County, Texas. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) the Site shall be deemed solely based in the State of Texas; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over RickFerri.com, either specific or general, in jurisdictions other than the State of Texas. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Texas, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Williamson County, Texas. THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SITE YOU CONSENT TO THESE RESTRICTIONS. You and RickFerri.com shall select the arbitrator, and if you and RickFerri.com are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and RickFerri.com and your and RickFerri.com’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or RickFerri.com be entitled to punitive, special, indirect or consequential damages and both you and RickFerri.com hereby waive your and RickFerri.com’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and RickFerri.com, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Williamson County, Texas.