Welcome to RALPH FEDER AMERICAS, INC. website.

For purposes of these Terms of Use (as more specifically defined in the next paragraph), (i) RALPH FEDER AMERICAS, INC., and (ii) its subsidiaries, affiliates, as well as its master licensees, licensees, sublicensees and/or their respective agents (collectively, “RALPH FEDER AMERICAS, INC. Constituents”), are collectively referred to as “RALPH FEDER AMERICAS, INC.”, “RALPH FEDER AMERICAS, INC. Constituents”,  “we”, “us” or “our”); and references to “we”, “us” and/or “our” refers to each of RALPH FEDER AMERICAS, INC. and RALPH FEDER AMERICAS, INC. Constituents.

These Terms of Use are entered into by and between you and RALPH FEDER AMERICAS, INC. and with respect to the Websites of other RALPH FEDER AMERICAS, INC. Constituents that you access and use.   These terms of use include the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), and govern your access to and use, whether as a guest or a registered user, of: (1) this website, and (2) any subdomain of this website that is in whole or in part managed or maintained by us or one of our RALPH FEDER AMERICAS, INC. Constituents (each such subdomain is referred to as a “Subdomain”), including any content, functionality and services offered on or through this website and/or any Subdomain; in each case bearing the RALPH FEDER AMERICAS, INC. trademarks.  For purposes of these Terms of Use, this website and each of such Subdomains are collectively referred to as “Website”, “the Website”, “this Website” or the “Websites”.

These Terms of Use apply to each of the Websites.  Each of the RALPH FEDER AMERICAS, INC. Constituents retains and reserves the same rights as we do under these Terms of Use for each of the Websites and limits its liability and obligations to the same extent as we do.  Any obligations that you agree to under these Terms of Use are obligations towards us, and with respect to any Subdomain of this Website also towards the applicable RALPH FEDER AMERICAS, INC. Constituent.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE ANY OF THE WEBSITES. BY USING A WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND HERE, INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE ANY WEBSITE.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of each of the Websites thereafter.

Your continued use of a Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access a Website so you are aware of any changes, as they are binding on you.

ACCESSING A WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any Website, and any service or material we provide on such Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Website, or the entire Website, to users, including registered users.

You are responsible for:

•  Making all arrangements necessary for you to have access to a Website.

•  Ensuring that all persons who access a Website through your internet connection are aware of these Terms of Use and comply with them.

PRIVACY

All information we collect, store, use, process or transfer on or from a Website is subject to and governed by our Privacy Policy the provisions of which are incorporated into these Terms of Use by this reference. You (i) agree that all information you provide to us in connection with a Website and/or in connection with your use of a Website and/or the services available through a Website, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy; and (ii) you consent to all actions we take with respect to your information consistent with our Privacy Policy.

It is a condition of your use of a Website that all the information you provide on the Website is correct, current, and complete.

If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

LINKS FROM A WEBSITE

•  Please note: Links to Third Party Sites may not be obvious because they may contain our branded media and/or content.  Please note the URL at the Third Party Sites or other identifying information on the Third Party Sites to determine whether it is one of our Websites.  This is important because these Terms of Use and our Privacy Policy do not apply with respect to such linked third-party websites or the services and/or the social media networks they provide.  These Third Party Sites are governed by such third parties’ terms of use and privacy policies, which we encourage you to review to better understand such third parties’ privacy practices.  As stated above, if you decide to access any of the Third-Party Sites, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such Third Party Sites.

INTELLECTUAL PROPERTY RIGHTS

These Terms of Use permit you to use a Website for your use only. You must not reverse engineer, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit or otherwise use the content, design, layout of any of the material on any of our Websites, except as follows:

•  Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

•  You may store files that are automatically cached by your Web browser for display enhancement purposes.

•  You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

•  If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

•  To the extent we link to social media networks in connection with the Website, e.g., Facebook, Google +, Pinterest, Twitter, LinkedIn, and other social media networks, you may take such actions as are enabled by such features.

You must not:

•  Modify copies of any materials from a Website.

•  Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

•  Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Website.

You must not access or use a Website or any content, services or features available through the Website for any use or purpose other than in accordance with these Terms of Use and applicable instructions provided on the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of any Website in breach of these Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to any Website or any content on any Website is transferred to you, and all rights not expressly granted are reserved by RALPH FEDER AMERICAS, INC. or RALPH FEDER AMERICAS, INC. Constituents. Any use of a Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

COPYRIGHT POLICY

RALPH FEDER AMERICAS, INC. respects the copyrights of third parties.  You may not use the Website to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party.  It is our policy to terminate access by users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent.  If you believe that your copyrighted work has been posted or used on this Website in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have 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 (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by mail at: Copyright Agent, info@ralphfeder.com.

PROHIBITED USES

You may use a Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use any Website:

•  In any way that violates any applicable federal, state, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

•  For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

•  To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

•  To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

•  To impersonate or attempt to impersonate RALPH FEDER AMERICAS, INC.  an RALPH FEDER AMERICAS, INC. employee, an RALPH FEDER AMERICAS, INC. Licensee, franchisee or broker, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

•  To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Website, or which, as determined by us, may harm RALPH FEDER AMERICAS, INC. or users of a Website or expose them to liability.

Additionally, you agree not to:

•  Use a Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.

•  Use any robot, spider or other automatic devices, process or means to access a Website for any purpose, including monitoring or copying any of the material on the Website.

•  Use any manual process to monitor or copy any of the material on a Website or for any other unauthorized purpose without our prior written consent.

•  Use any device, software or routine that interferes with the proper working of a Website.

•  Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

•  Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of a Website, the server on which a Website is stored, or any server, computer or database connected to a Website.

•  Attack a Website via a denial-of-service attack or a distributed denial-of-service attack.

•  Otherwise attempt to interfere with the proper working of any Website.

USER CONTRIBUTIONS

The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, notes pages, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through a Website.

All User Contributions must comply with the Content Standards.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on a Website, you grant us and our affiliates, licensees, franchisees, and service providers, and each of their and our respective licensees, franchisees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

•  You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and service providers, and each of their and our respective licensees, franchisees, successors and assigns.
•  All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not RALPH FEDER AMERICAS, INC. or any RALPH FEDER AMERICAS, INC. Constituents, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of a Website.

MONITORING AND ENFORCEMENT; RIGHT TO TERMINATE

We have the right to:

•  Remove or refuse to post or retain any User Contributions for any or no reason in our sole discretion.

•  Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of a Website or the public or could create liability for RALPH FEDER AMERICAS, INC.

•  Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

•  Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of a Website.

•  Terminate or suspend your access to all or part of all or any Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through a Website. YOU WAIVE AND HOLD HARMLESS RALPH FEDER AMERICAS, INC. AND RALPH FEDER AMERICAS, INC. CONSTITUENTS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review any material before it is posted on a Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, whether to a Third Party Site or otherwise. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, provincial, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

•  Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

•  Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

•  Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

•  Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and/or our Privacy Policy.

•  Be likely to deceive any person.

•  Promote any illegal activity or advocate, promote or assist any unlawful act.

•  Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

•  Impersonate any person or misrepresent your identity or affiliation with any person or organization.

•  Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.

•  Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

RELIANCE ON INFORMATION POSTED

The information presented on or through a Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to a Website, or by anyone who may be informed of any of its contents.

The Websites may include content provided by third parties, including materials provided by other users, brokers, sellers or lessors of real estate, buyers and lessees of real estate, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RALPH FEDER AMERICAS, INC.  are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RALPH FEDER AMERICAS, INC.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NEITHER WE, NOR ANY RALPH FEDER AMERICAS, INC. CONSTITUENT WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF A WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EACH WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RALPH FEDER AMERICAS, INC. OR ANY LICENSEE, NOR ANY PERSON ASSOCIATED WITH RALPH FEDER AMERICAS, INC. OR ANY LICENSEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY WEBSITE. RALPH FEDER AMERICAS, INC. AND EACH OF THE RALPH FEDER AMERICAS, INC. CONSTITUENTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  IN ADDITION TO AND NOT IN LIMITATION OF ANY OF THE FOREGOING, NEITHER RALPH FEDER AMERICAS, INC. OR ANY RALPH FEDER AMERICAS, INC. CONSTITUENT NOR ANYONE ASSOCIATED WITH RALPH FEDER AMERICAS, INC. OR ANY RALPH FEDER AMERICAS, INC. CONSTITUENT, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL RALPH FEDER AMERICAS, INC.  ITS RALPH FEDER AMERICAS, INC. CONSTITUENT, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, A WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF RALPH FEDER AMERICAS, INC. OR AN RALPH FEDER AMERICAS, INC. CONSTITUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless RALPH FEDER AMERICAS, INC., its RALPH FEDER AMERICAS, INC. Constituents, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of a Website, including, but not limited to, your User Contributions, any use of a Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from a Website.

GOVERNING LAW AND JURISDICTION

All matters relating to a Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or a Website shall be instituted exclusively in the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  Any disagreement between you and RALPH FEDER AMERICAS, INC. or any Licensee will be considered unique as to its facts and must not be brought as a class action, and you waive any right to proceed against RALPH FEDER AMERICAS, INC. or any Licensee by way of class action, or by way of a multi-plaintiff, consolidated or collective action.

If you have any questions, concerns, or suggestions regarding this Terms of Use Agreement, please contact us: info@ralphfeder.com

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR A WEBSITE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

EQUITABLE RELIEF

We reserve the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on a Website, including without limitation the right to block access from a particular internet address.

WAIVER AND SEVERABILITY

No waiver by RALPH FEDER AMERICAS, INC. of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RALPH FEDER AMERICAS, INC. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use, the Privacy Policy, and our Fair Housing Notice constitute the sole and entire agreement between you and RALPH FEDER AMERICAS, INC. with respect to each Website and the services provided therein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

YOUR COMMENTS AND CONCERNS

This website is operated by:

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@ralphfeder.com