Welcome to RealConfidence.com (the “Website). Thank you for visiting the Website.
You must be 18 years of age or older (or the age of majority, if higher) to use the Website, as well as any related publications, contests, social media pages, postings, blogs, videos, or related materials.
Legally binding agreement, updates
Governing law and venue
This Website and any related disputes (whether for breach of contract, tortious conduct, or otherwise) are and will be governed by the internal laws of the State of New York, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws. By accessing the Website, you agree that any dispute related to this Website shall be brought exclusively in the state or federal courts in New York State and you submit to the personal jurisdiction of said courts for such purposes.
Except for materials submitted by you, owned by others, or taken from the public domain, all text, artwork, graphics and other works of authorship created by or for the Sponsors and made part of the Website, together with the selection, arrangement and presentation of such materials, are protected copyrights of the Sponsors.
Claims of copyright infringement
We respect the intellectual property of others. Pursuant to Title 17, United States Code, Section 512, part of the Digital Millennium Copyright Act, notifications of claimed copyright infringement must be sent to our designated agent (the “Designated Agent’):
Altus Group U.S. Inc.
Attn: Copyright Infringement
241 Headquarters Plaza, East Tower
IMPORTANT: The foregoing contact is for copyright claims only. All other inquiries and concerns should be directed to Sponsors via the Contact Us page of the Website.
The copyright claim must be a written communication that includes the following:
- 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 infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us 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.
Use of website materials
You may access, print or download one copy of information from the Website for your personal non-commercial use only, subject to all restrictions imposed by the Sponsors, and provided that you maintain all copyright and other proprietary notices contained in the materials. You may not otherwise access, use, copy, distribute, upload, modify, or reuse such information without the express written permission of the Sponsors. Examples of prohibited actions include without limitation any unauthorized copying of the Website content, framing the Website content, the use of bots or spiders or other similar electronic processes that may become available to scrape data from the Website, or using Website materials to create your own website.
You may not engage in any activity related to the Website in any manner that is unlawful or that violates the rights of the Sponsors or any third party.
You may not remove, circumvent, disable or otherwise interfere with any security-related features of the Website.
You may not modify, disassemble, decompile, hack or reverse engineer any portion of the Website, or rent, lease, loan, resell, sublicense, distribute or otherwise transfer any portion of the Website. You acknowledge that the Website may be modified from time to time and prior versions may become unavailable.
You agree not to download or otherwise export any items in violation of United States export controls. Although the Website may be accessed worldwide via the World Wide Web, we make no representation that materials accessed through the Website are appropriate or lawful outside the United States. Only persons located in the U.S. should use the Website.
Materials that you transmit
You, and not the Sponsors, are solely responsible for all text, photos, images, data and other materials of any kind (“Submissions”) that you upload, post, email or otherwise transmit (collectively, “Transmit”) via any portion of the Website. By Transmitting your Submissions to the Sponsors, you are certifying to us that you have the right to use and submit the Submissions and to authorize us to post or otherwise use the Submissions for the purpose indicated. You agree not to use the Website to Transmit: any Submissions that in the Sponsors’ sole discretion are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or invasive of another’s privacy; impersonate any person or entity, or misrepresent your affiliation with any person or entity; any materials that you do not have a legal right to make available or that infringe any patent, trademark trade secret, copyright or other proprietary right of any party; any junk mail, spam, chain letters, pyramid schemes or materials that contain viruses or other harmful components; or harvest or otherwise collection information about others. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.
The Sponsors do not endorse the contents of any Submissions and expressly disclaim any and all liability in connection with Submissions. We disclaim any responsibility for prescreening or monitoring Submissions. However, we have the right at our sole discretion to remove or delete any Submissions that you Transmit or attempt to Transmit, to terminate your access to the Website, to close your account, and to reject any orders, all without giving our reason for doing so.
The Sponsors are not responsible for the loss of or damage to your Submissions.
We are not obligated to store and preserve your Submissions. We may delete all Submissions in our sole discretion. If you desire a copy of your Submission, you should arrange to independently record or preserve your Submissions..
When you use the Website, you represent and warrant that all login information or other information that you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your password and other login information and are fully responsible for all activities that occur under your account. We cannot and will not be liable for any loss or damage from your failure to comply with this obligation. You agree to immediately notify the Sponsors upon learning of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
You hereby agree to indemnify and hold harmless each of the Sponsors, and its owners, managers, trustees, directors, officers, employees, and agents, from and against any and all liability, cost and expense, including without limitation reasonable attorneys’ fees, arising from or related to your Submissions and your use or misuse of the Website and any linked sites.
Submissions of other users
You acknowledge that in using the Website you may be exposed to Submissions of other users and that the Sponsors are not responsible for the content of those Submissions. You further acknowledge that you may be exposed to Submissions of other users that are inaccurate, offensive, indecent or otherwise problematic or objectionable.
Third party products, services and links
Government end users
If any of Sponsors’ materials (including without limitation the Website and any Publications and Index) are being accessed/licensed by or on behalf of the United States Government, then the Government agrees that said materials were developed at private expense and are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure of the Index by the U.S. Government are subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT III)(June 1987), as applicable.
Disclaimer of warranties
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE SPONSORS AND THEIR OWNERS, MANAGERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM FOR THE SPECIFIC ITEM OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
EXCLUSION OF DAMAGES
WITH RESPECT TO THE WEBSITE AND ALL MATTERS IN ANY WAY RELATED THERETO, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL THE SPONSORS AND THEIR OWNERS, MANAGERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.