Last Updated: December 22, 2020
These Terms of Service, together with any other document referenced (whether by means of a hyperlink or otherwise) in these Terms of Service (collectively, these “Terms”), govern your access to, and use of, the websites, mobile applications and other products and services (collectively, the “Services”) that are provided by RANE Network Inc. and its affiliates and subsidiaries, including its operating unit Stratfor (“RANE,” “we” or “us”). PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOU AND YOUR USE OF THE SERVICES. IF YOU ARE ENTERING INTO THESE TERMS IN YOUR WORK OR BUSINESS CAPACITY OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL ALSO REFER TO THE COMPANY OR ENTITY WHICH YOU REPRESENT OR ARE EMPLOYED BY, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE ON YOUR OWN BEHALF AND, AS APPLICABLE, ON BEHALF OF THE COMPANY OR ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, by providing notice through the Services, or by updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must immediately stop using the Services and give us written notice.
We may disclose information about your demographics and usage of the Services to advertisers and other business partners, provided that we will not reveal your personal identity in connection therewith.
If you provide personal information (for example, names and email addresses) to us on behalf of other users of the Services, you represent and covenant that you have obtained, from each such user, consent to disclose that information to us for such purposes, and that you will give us written notice if any such consent is revoked or modified.
2. Eligibility, Registration, Account, and Subscriber Services
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Services; (c) do not have more than one online account with us; and (d) have full power and authority to agree to these Terms and that, in doing so, you will not violate any other agreement to which you are a party. Access to the Services is provided for authorized users only and may not be shared with others except as expressly authorized by us. To the extent a Service gives you the ability to share a portion of a Service via a hyperlink, “email this” button or similar capability, you will do so only in accordance with the terms for such sharing set forth in the applicable Service. Any other sharing of a Service, by copying or otherwise replicating it, is prohibited, unless otherwise agreed in writing by us. We may monitor your use of the Services to ensure compliance with these Terms. We may suspend your access to any or all of the Services upon any material violation of these Terms, until such violation is remedied.
In order to access and use certain areas or features of the Services, you will be required to register for an online account to log into the Services. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name.
In consideration of your use of the Services, you agree to: (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
You may contact our Subscriber Services Department regarding any issues or concerns related to the Services (including billing questions) by calling 1-877-978-7284 from within the United States and Canada or at +1-512-744-4300, option 2 from outside the United States and Canada, or by sending an email addressed to email@example.com.
3. Payment Terms
You will pay us all recurring and non-recurring fees, charges and expenses (collectively, “Charges”) in accordance with the payment terms set forth in your on-line order form or other order documentation (your “Order Form”) and these Terms. All payments must be made in U.S. dollars unless otherwise agreed in writing by us.
Except to the extent otherwise expressly agreed to by us, fees for the Services must be prepaid by credit card for the applicable initial term. The applicable Services will be activated upon the successful processing of your payment. For monthly subscriptions, we will charge your credit card for the applicable monthly rate up to five days prior to the end of each month of the term of your subscription. For “trial” or similar subscriptions, we will charge your credit card at the applicable rate for the full subscription term up to 5 days prior to the expiration of the “trial” or similar period. “Gift” or similar subscriptions will be subject to any additional terms and conditions, including expiration dates, set forth in the applicable Order Form.
Except to the extent otherwise expressly set forth in the applicable Order Form, by ordering a subscription to a Service with a credit card, you authorize us to automatically charge your credit card at the then-current renewal rate in advance of each billing period unless you cancel your subscription at least 30 days prior to the expiration of the current term of your subscription. If a charge to your credit card is initially unsuccessful, we may attempt to charge your credit card again until the charge is successfully processed. After that charge has been processed, if you wish to cancel the renewal, you must contact our Subscriber Services Department. Upon cancellation, all previously processed fees and charges are nonrefundable unless otherwise agreed in writing by us. In addition, we may seek pre-authorization of your credit card account for each renewal to verify that the credit card is valid and has the necessary funds or credit available for your renewal.
To cancel a subscription to a Service for any reason, you must call our Subscriber Services Department. Cancellations are processed promptly upon receipt of the cancellation request. Upon cancellation, all previously processed fees and charges are nonrefundable unless otherwise agreed in writing by us.
If your order includes the right to receive a “premium” (for example, a gift card, book or report), we will email instructions for claiming the premium to you. You must claim the premium in accordance with the procedures set forth in those instructions no later than the deadline set forth in those instructions. Any premium not claimed in accordance with those instructions by the applicable deadline will be forfeited.
If you do not pay any applicable charges when due or if we are unable to successfully charge your credit card for amounts due under your Order Form or any renewal thereof, then we may, without limiting our other rights and remedies, suspend or cancel your subscription and your access to the Services.
You are solely responsible for the payment of all taxes, assessments, tariffs and duties arising from or related to the Services, and we will add such taxes to our charges for Services.
If we issue a refund or credit to you for any reason, we are under no obligation to issue the same or any similar refund or credit to you for any reason in the future.
4. Additional Terms for Experts
If you choose to promote or offer your services as an “expert” through the Services (either individually or on behalf of your employer), you will be subject to any additional terms contained in the applicable expert agreement you or your employer executes with us, which are incorporated herein by this reference. In the event of any conflict between these Terms and such additional terms, the additional terms will govern.
If you elect to consult with any “experts” through the Services, your business dealings, engagements and correspondence with those “experts,” and any terms, conditions, warranties or representations associated with such dealings, engagements and correspondence, are solely between you and such “experts.” You acknowledge and agree that we are not responsible or liable in any manner for any loss or damage of any sort incurred as the result of any such dealings, engagements or correspondence. You will use any information or materials created or provided by such “experts” at their own risk.
5. Copyright and Limited License
Unless otherwise indicated on the Services or by us, the Services, including all text, graphics, pictures, information, data, software, sound files, reports, briefings, scorecards, rankings, threat or other matrices, forecasts, spreadsheets, graphics, tables, charts, data, compilations of data, assessment tools, content, tools, web pages, e-mails, text messages, mobile apps, RSS feeds, bulk data downloads, widgets, webcasts, audio and video files, application programming interfaces that support the interoperation of your intranet or software applications with the Services, intelligence and analytical methodologies, and files, and the design, selection and arrangement thereof, are our proprietary property or that of our licensors (including “experts”), and are protected by U.S. and international copyright laws.
You are hereby granted a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Services; however, such license is subject to these Terms and does not include: (a) any resale of the Services ; (b) the distribution, public performance, or public display of any Services; (c) modifying or otherwise making any derivative uses of the Services, or any portion thereof; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services or any information contained therein, except as expressly permitted on the Services; and (f) any use of the Services other than for their intended purposes. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the rights granted herein. Such unauthorized use also may violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by us, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Services may contain software components that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components.
“RANE,” “Risk Assistance Network + Exchange,” “Stratfor,” “Worldview,” “Threat Lens,” “StratStore,” the RANE and Stratfor logos, and our other product or service names, service marks, logos or slogans that may appear on or in connection with the Services may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing our name or trademarks without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are our service marks, trademarks and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All third party trademarks, service marks, product names, and company names or logos mentioned in the Services are the property of their respective owners. Reference to any third party products, services or other information does not constitute or imply endorsement, sponsorship or recommendation by us.
7. Your Use of the Services
If your Order Form includes our provision of an application program interface (an “API”) for the Services, we grant to you a non-exclusive, non-transferable right to use such API solely for the purpose of accessing the Services during the term of the applicable Order Form, in accordance with our technical requirements and limitations for the API as published from time to time. Upon the expiration or termination of the applicable Order Form, you must cease all use of the API and delete the API from your computer systems.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial purposes; provided, that such link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner; provided further, that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any of our or any third party’s patents, trademarks, copyrights or other proprietary rights.
8. Third-Party Content
We may provide third-party content on the Services, including links to web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and that we undertake no responsibility to update or review any Third-Party Content. Your use of such Third-Party Content is at your own risk. When you leave the Services, you should be aware that our Terms no longer govern. You should review the applicable terms for Third-Party Content, including privacy policies.
9. Advertisements and Promotions; Third Party Products, Services and Promotions
We may display advertisements and promotions from third parties on the Services or may otherwise provide information about or links to third party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third party information on the Services.
If and to the extent you submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about us and the Services (collectively, “Feedback”), such Feedback, whether submitted through the Services or otherwise, is non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, in and to such Feedback and will be entitled to the unrestricted use and dissemination of all Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Indemnification and Liability
You agree to defend, indemnify and hold harmless us and our partners, independent contractors, service providers and consultants and our respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your purchase of a subscription to the Services; (c) your interactions, relationships or correspondence with “experts” or other users of the Services; (d) any content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (e) any Feedback you provide; (f) your violation of these Terms; and (g) your violation of the rights of any third party.
We will defend or, at our option, settle, any action, claim or proceeding brought against you to the extent that it is based upon an assertion that any of the Services, when used by you in accordance with these Terms, infringe, violate, or misappropriate a copyright, patent or trade secret of any third party (an “Infringement Claim”). We will indemnify and hold you harmless against all damages awarded and reasonable costs and expenses incurred in connection with any Infringement Claim, provided that you promptly notify us in writing of the Infringement Claim, and give us complete authority, information, and assistance to defend such Infringement Claim and sole control of the defense or settlement of such Infringement Claim.
IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, IF ANY, ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN ANY WAY CONNECTED WITH ANY SERVICE WILL NOT EXCEED THE AMOUNT PAID TO US FOR THE APPLICABLE SERVICE.
12. Warranties and Disclaimers
We warrant that the Services are based on our reasonable efforts to compile and analyze the best sources reasonably available to us at any given time; provided, however, any opinions reflect our judgment at the time and are subject to change. We do not give investment advice, or advocate or recommend the purchase or sale of any security or investment. The Services may include facts, views, opinions, and recommendations of individuals and organizations deemed of interest by us. We do not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse, these views, opinions, or recommendations. We will comply with all laws, rules and regulations applicable to the Services, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and any other applicable anti-corruption Laws.
EXCEPT AS EXPRESSLY PROVIDED ABOVE OR IN A WRITING SIGNED BY US, THE SERVICES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES OR OTHERWISE PROVIDED BY “EXPERTS” IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE MATERIALS AVAILABLE THROUGH OUR SERVICES ARE FOR INFORMATIONAL PURPOSES AND ARE NOT FOR THE PURPOSES OF PROVIDING LEGAL OR OTHER ADVICE.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS ON THE SERVICES OR IN THE CONTENT THEREIN. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES, INCLUDING OUR WEBSITES AND SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
13. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof, without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
14. Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH USAND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Any dispute arising from these Terms or your use of the Services must be arbitrated (to the extent permitted by law), except for any dispute in which equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents is sought. ARBITRATION PREVENTS YOU FROM SUING US IN COURT AND FROM HAVING A JURY TRIAL. You must notify us in writing of any dispute within thirty (30) days after it arises, at: RANE Network Inc., 510 Fifth Avenue, 3rd Floor, New York, New York 10036. The arbitration will be conducted in New York, New York, U.S.A., by a single arbitrator in accordance with the rules of JAMS. The state or federal courts in the Borough of Manhattan, New York, U.S.A. have exclusive jurisdiction over any appeals of an arbitration award and over any suit not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute regarding the Services or these Terms will be governed by the laws of the State of New York, U.S.A., without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, NO CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING MAY BE COMMENCED OR PURSUED.
15. Term and Termination
The term of your order for the Services will commence on the effective date set forth in the applicable Order Form, expire on the expiration date set forth in such Order Form, and, unless the applicable Order Form specifies otherwise, automatically renew for a term equal to the original term (excluding any “free,” “trial” or similar periods included with the original term, if any) unless either we or you gives the other written notice of non-renewal at least 30 days prior to the renewal date.
An Order Form may include additional termination provisions applicable only to such Order Form. The termination of an individual Order Form under such provisions will not affect the effectiveness of any other Order Form.
Any provisions in these Terms or any Order Form that expressly or by their nature are intended to survive expiration or termination will survive any expiration or termination thereof.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof, if you commit any breach of these Terms.
16. Government Users
If you or any of your authorized users are the U.S. Federal Government, we provide the Services, including related software and technology, solely in accordance with the term of this Section. Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in these Terms. This customary license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a U.S. Federal Government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be executed by us.
17. General Terms
As used in these Terms, “including” means “including without limitation.”
If any provision of these Terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Except as otherwise expressly set forth in these Terms, these Terms constitute the entire agreement between you and us regarding the Services. In no case will any preprinted terms on your purchase order or similar document have any effect.
You may not assign or transfer your rights under these Terms unless otherwise agreed to in writing by us.