The San Antonio Report d/b/a Rivard Report (“we,” “us,” or the “Company”) offers this website, including all information, software, products, and services available from this website or offered as part of or in conjunction with this website, including any of our social media pages (the “Application”), to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. We reserve the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Application constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by us.
PERSONAL AND NONCOMMERCIAL USE
The Application is for your personal and noncommercial use. As a condition to your continued use of the Application, you warrant to us that you will not use the Application for any purpose that is unlawful or prohibited by these terms and conditions of use.
USE THE APPLICATION AT YOUR OWN RISK. THIS APPLICATION IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS APPLICATION SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither we nor our employees, agents, third-party information providers, merchants, licensors or the like warrant that the Application or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Application on our behalf. We reserve the right to change or discontinue at any time any aspect or feature of the Application.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE APPLICATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE APPLICATION, DELAY OR INABILITY TO USE THE APPLICATION, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE APPLICATION, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO US OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE APPLICATION. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all the above limitation may not apply to you.
You agree to defend, indemnify and hold us, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of our Application, or any content, product or service offered through our Application, in a manner that violates or is alleged to violate these Terms and Conditions. We shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Featured Links and Advertisements
The Application may contain hyperlinks to Applications offered by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such other Applications and are not responsible for their content; nor does our inclusion of hyperlinks to such Applications imply any endorsement of the material on such Applications or any association with their operators. Unless otherwise specifically stated on this Application, we do not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Application.
Unless you are subsequently advised otherwise by us, you are hereby licensed to create hyperlinks to the content on the Application, provided that the hyperlink accurately describes the content as it appears on the Application. We reserve the right to revoke this license generally, or your right to use specific links, at any time, and we may break any hyperlink. Under no circumstances may you “frame” the Application or any of its content or copy portions of the Application to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Application must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Application.
Software Available on Application
Any software that is made available to download from this Application is our copyrighted work and/or the copyrighted work of our suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, we hereby grant to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by us in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
Except for material in the public domain under United States copyright law, all material contained on the Application (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Application without the prior consent of the copyright owner. None of the material contained our Application may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Application for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Application. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from us or the copyright owner of the copied material. Requests to reproduce materials on the Application for distribution or other purposes should be emailed to firstname.lastname@example.org.
Trademarks appear on the Application with permission from their respective owners. Your unauthorized use of trademarks appearing on the Application may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
We reserve the right to terminate your privilege of using all or any portion of the Application if you breach any of these terms and conditions of use. If we receive notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, we may terminate your access to the Application, including all your privileges or accounts that you may have established in connection with the Application.
We will not tolerate copyright infringement of any kind. We do not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Application infringes your copyright, you may seek to have the material removed by sending us notice that includes all of the following information: (1) your full name, address and telephone number; (2) your e-mail address; (3) identification of the copyrighted work(s) that you believe is being infringed; (4) identification of the infringing material and information sufficient for us to locate the material; (5) your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner; and (6) your physical or electronic signature.
Direct such notice to our designated agent for receiving copyright infringement notices at email@example.com:
The Rivard Report
126 Gonzales St., Suite 100
San Antonio, Texas 78205
Upon receipt of notice complying with the above requirements, we will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Application.
If we remove materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying our designated agent in writing and including the following information: (1) your full name, address and telephone number; (2) your e-mail address; (3) identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled; (4) your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; (5) your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, San Antonio, Texas (where we may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent; and (6) your physical or electronic signature.
Upon receipt of a notice meeting the above requirements, we will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, we will replace or enable access to the removed material unless we receive notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to us and/or the copyright owner or Application user.
We may allow you to upload, post, transmit or otherwise provide content to our Applications, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the Application (“User Content”). You agree that you are solely responsible for your communications and any content you provide.
Rules Governing User Content. In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the Application shall constitute a material breach of these Terms and Conditions:
Do not disrespect the privacy and views of others, or use the service to stalk or harass another;
Do not use or provide User Content for commercial purposes, including but not limited to the promotion of any specific goods or services;
Do not provide User Content that is harmful to minors in any way;
Do not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false User Content;
Do not provide User Content containing expressions of bigotry, racism or hate;
Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
Do not impersonate another person, or permit any other person or entity to use your identification to post or view User Content;
Do not provide User Content that infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
Do not provide User Content that violates the privacy or publicity rights of others;
Do not provide User Content that supports or provides resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and
Do not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. You may not post or transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. Most materials on the Internet are protected by copyright and trademark laws. We shall have the right, but not the obligation, to monitor any User Content areas of the Application to determine compliance with these Terms and Conditions and any other operating rules that may be established by us from time to time.
Our Right to Remove User Content. We do not assume any responsibility for the consequences of any user-generated or contributed content on our Application. If notified by a user of communications that are alleged not to conform to the rules set forth in this Section, we may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. We reserve the right to remove communications that fail to conform to these Terms and Conditions. In addition, we reserve the right (but is not obligated) to delete any User Content posted on our Application, regardless of whether such communications violate these Terms and Conditions.
Our Right to Use User Content. We reserve the right to record, re-purpose or re-publish User Content on our Applications, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to us and our licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Responsibility for User Content. You agree to defend, indemnify and hold us and our officers, directors, affiliated companies, employees, agents, licensors and suppliers, harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User-generated or Contributed Content or use by others of any User-generated or Contributed Content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
We do not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
Termination of Privileges
We reserve the right to terminate your privilege of using all or any portion of the Application if you breach any of these terms and conditions of use. If you receive notice or otherwise discover that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, we may terminate your access to the Application, including all your privileges or accounts that you may have established in connection with the Application.
The Application is controlled and operated by us from our principal office at 126 Gonzales St, Suite 100, San Antonio, TX 78205. We make no representation that materials on the Application are appropriate or available for use in other locations. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Application is not intended to subject us to the laws or jurisdiction of any state, country or territory other than San Antonio, Texas and the United States of America.
If you have any questions about this privacy statement, our Applications, or your dealings with us, you may contact us by email at firstname.lastname@example.org or at:
The Rivard Report
126 Gonzales St., Suite 100
San Antonio, Texas 78205