Terms Of Service

These RUIZ REPORT Terms of Service (the “Terms”) are a legally binding agreement between you and RUIZ REPORT, LLC (“RUIZ REPORT,” “we,” or “us”). These Terms govern your use of the ruizreport.com website and affiliated webpages (collectively, the “Website”) and the software, products, services, features, content, and media provided by RUIZ REPORT (collectively, the “Services”). By using the Website or Services, you agree to be bound by these Terms and the RUIZ REPORT Privacy Policy.

THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY.

1. Acceptance of these Terms

By accessing or using the Website or Service, you certify that you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, YOU MUST IMMEDIATELY DISCONTINUE USING AND ACCESSING THE WEBSITE AND SERVICES. You cannot use the Software and Services until you have accepted these Terms of Use and the Privacy Policy by clicking the "I agree" button.

The Website and Services are intended for users (“Users”) who are at least eighteen (18) years old. By accessing or using the Website or Services, you represent and warrant that you are at least 18 years old, or over the age of majority in your jurisdiction, and are able to enter into a legally binding agreement.

2. Modifications to these Terms of Service

We reserve the right, in our sole discretion, to modify these Terms at any time. We will notify you of modifications to these Terms by updating the Effective Date at the end of these Terms. Any modification to these Terms will be effective immediately upon posting the new Terms here. By continuing to use the Website and/or Services after new Terms have been posted, you agree to be bound by the new Terms of Service. If you do not agree with the modified Terms, you must immediately discontinue using the Website and Services.

3. Registered User Information

You may navigate the Website without registering for an account (a “User Account”). However, in order to obtain access to the non-public portions of the Website and Services, you must register for a User Account and obtain a login name and password from RUIZ REPORT. All information you provide to RUIZ REPORT must be true, correct, current, and complete, and you agree to promptly update your User Account information, if it changes.

You agree that you will be responsible for maintaining your login name and password as private, confidential, and personal, and you shall safeguard and maintain their confidentiality. Your User Account can only be used by you and not by any third party, including but not limited to any other individuals in your office or household. YOU WILL BE LIABLE FOR ANY ACTIVITY THAT OCCURS UNDER YOUR USER ACCOUNT, INCLUDING ACTIVITY THAT RESULTS FROM YOUR ENABLING OR PERMITTING ANOTHER PERSON OR ENTITY TO USE YOUR PASSWORD, INCLUDING ANY PURCHASES MADE THROUGH YOUR USER ACCOUNT. You agree to immediately notify us in the event that (i) your password is lost or stolen, or (ii) you suspect or become aware of any unauthorized use of your User Account or password, or of any other breach of security that might affect your User Account, the Website, or the Services. RUIZ REPORT is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.

4. You May Use the Website and Services for Lawful Purposes Only

Subject to these Terms, the Privacy Policy, and any other written terms between you and RUIZ REPORT, we hereby grant you a limited, nonexclusive, nontransferable, non-sublicensable revocable license to access the Website, create a User Account, use the Services, and download, copy, or print copies of information in the Personalized Ruiz Report for use in your professional real estate activities. . You may use the Website and Services for lawful purposes only. You understand you are prohibited from:

1. using the Website or Services for any unlawful, illicit, or objectionable purpose, in RUIZ REPORT’s sole discretion;
2. aggregating, decompiling, disassembling, deconstructing, decoding, encoding, or reverse engineering the Services;
3. transmitting, reproducing, modifying, translating, selling, sublicensing, distributing, publicly performing, publishing, hosting, or creating derivatives of the Services;
4. commercially exploiting or using the Services to create a substantially similar product or service competitive with the Services;
5. using any extraction tool, scrapers, spiders, robots, crawlers, scripts, or other process, whether automated, manual, or computerized, to scrape information, content, or materials from the Services;
6. collect or store personal data of other Users of the Website and Services without the prior, written permission of such User(s);
7. directly or indirectly, intentionally disrupt or interfere with the Website and Services in any manner that may adversely affect RUIZ REPORT or any User of the Website and Services;
8. using the Services to harvest or collect information about others, send unsolicited bulk or commercial email (“spam”) or junk mail, solicit funds, harass Users or other persons, or interfere with other Users’ use and enjoyment of the Website or Services; or
9. taking any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or overburdens, disables, or impairs the functioning of the Website or Services.

5. Content You Post

Certain features of the Services will allow you to enter, submit, or transmit content (your “User Content”). By providing us with any User Content or posting User Content through the Website or Services, you grant RUIZ REPORT, its affiliates, subsidiaries, assignees, agents, and licensees a nonexclusive, transferable, sublicensable, irrevocable, perpetual, royalty-free worldwide license to use, copy, reproduce, display, perform, publish, distribute, adapt, reformat, translate, sublicense, create derivatives of, and promote your User Content in any medium and/or to incorporate in other works in any form, media, or technology now known or later developed.

You may not use or post User Content you do not own or have sufficient permission to use for any reason whatsoever. You may only post User Content that you created or have sufficient permission to post. You may not post or distribute User Content that is illegal or that violates these Terms. By posting or submitting User Content through the Website or Services, you represent and warrant that:

1. you either own or are authorized to grant the license to your User Content to RUIZ REPORT in this Section;
2. your User Content does not and will not infringe any copyright, trademark, trade secret, patent, right of publicity, right of privacy, moral rights, or any other third-party right;
3. your User Content does not violate any applicable law, rule, or regulation, including without limitation any antidiscrimination or privacy laws;
4. your User Content does not contain material that is false, inaccurate, or misleading;
5. your User Content does not contain any material that is threatening, abusive, defamatory, vulgar, obscene, profane, lewd, lascivious, harassing, abusive, disparaging, defamatory, indecent, or otherwise objectionable, as determined by RUIZ REPORT in our sole discretion; and
6. your User Content is free from software viruses, worms, Trojan horses, ransomware, or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

You agree and acknowledge that you are solely responsible for any damages, liabilities, fines, penalties, or forfeitures related to your User Content.

Although you retain ownership of all right, title, and interest in User Content that you post through the Services, if any, you agree RUIZ REPORT owns all right, title, and interest in any compilation, aggregation, collective work, or other derivative work created by RUIZ REPORT using or incorporating the User Content. You waive any right to privacy in the User Content. You waive any right to inspect or approve uses of the User Content or to be compensated for any such uses.

6. No Duty to Monitor User Content or Support Website and Services

RUIZ REPORT is not required to pre-screen User Content posted through the Website and Services, although RUIZ REPORT reserves the right to do so in its sole discretion. RUIZ REPORT is not liable for User Content that is provided by others. RUIZ REPORT reserves the right to suspend, disable, or remove User Content that, in its sole judgment, does not meet its standards or does not comply with these Terms or applicable law; provided, however, that RUIZ REPORT is not responsible for any failure or delay in removing such material.

7. Changes to the Website and Services

RUIZ REPORT has the right at any time to change, modify, update, add to or discontinue, suspend, or retire any aspect or feature of the Website and Services including, but not limited to, the features or offerings available through the Services, Third Party Content or RUIZ REPORT Content (each as defined below), hours of availability, and equipment needed for access or use, without notice or liability to you.

Despite the foregoing, RUIZ REPORT is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website and Services.

8. Third Party Content

You acknowledge that the Services may contain information, communications, software, photographs, data, text, video, graphics, design, music, sounds, images and other material and services (collectively "Third Party Content"), which is provided by licensors of RUIZ REPORT, including but not limited to MLS or Association of REALTORS® property listing data. Access to Third Party Content via the Services may require the execution of additional agreements with, or additional authorizations from, the Third Party Content supplier. Your use of Third Party Content is subject to the terms of the Third Party Content supplier’s rules and regulations, in addition to these Terms. All right, title, and interest to the Third Party Content, including but not limited to all portions, formats, media, translations, and derivatives of Third Party Content, are held by the applicable Third Party Content supplier. Third Party Content is subject to ongoing licenses from Third Party Content suppliers and may be discontinued or removed from the Services at any time. RUIZ REPORT does not make any warranties with regards to the Third Party Content, including but not limited to any implied warranties of accuracy, availability, merchantability, noninfringement, or fitness for a particular purpose.

9. RUIZ REPORT Ownership

The Website and Services contain information, software, photographs, images, data, text, graphics, images, video, audio, design, products, services, and features developed by or for RUIZ REPORT (the “RUIZ REPORT Content”). You agree and acknowledge that, as between you and RUIZ REPORT, RUIZ REPORT owns all right, title, and interest in and to the Website, Services, and RUIZ REPORT Content including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide and in all formats, media, and translations now existing or later developed. You agree to not, and to not allow any third party to, copy, modify, adapt, translate, commercially exploit, prepare derivative works from, decompile, reverse engineer, disassemble, or attempt to derive source code from the RUIZ REPORT Content. You shall not (a) sell, assign, grant a security interest in or otherwise transfer any right in the RUIZ REPORT Content or incorporate any RUIZ REPORT Content into another product, or (b) remove any proprietary notice from the RUIZ REPORT Content. You may not modify the Services, RUIZ REPORT Content, and/or Third Party Content. You understand you are prohibited from using the RUIZ REPORT Content in any way not expressly authorized by these Terms.

10. Trademarks

RUIZ REPORTSM, Agent Report CardsSM, and all other trademarks, service marks, names, logos, brands, and similar identifiers appearing on the Website and Services are protected by trademark law and are the property of RUIZ REPORT. You cannot use any RUIZ REPORT trademark without our prior written consent.

11. Third Party Sites

The Website and Services may provide, or third parties may provide, links to other websites not owned or controlled by us (the “Third Party Sites”). You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement by RUIZ REPORT with respect to the provider of the Third Party Site or the quality, reliability, accuracy, availability, materials, privacy practices, or other actions, policies, or other characteristic or feature of such Third Party Sites. RUIZ REPORT does not review, monitor, approve, or endorse any Third Party Sites, nor are we responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the Third Party Site, including without limitation, the content provided on or through any Third Party Site or your reliance thereon. RUIZ REPORT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SITE. YOUR USE OF ANY THIRD PARTY SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any Third Party Site is subject to the terms of use and privacy practices applicable to that site. Any purchases you make from or through a Third Party Site will be solely between you and the Third Party Site operator.

12. Disclaimer of Warranty

YOUR USE OF THE WEBSITE, SERVICES, THIRD PARTY CONTENT, AND RUIZ REPORT CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, SERVICES, AND RUIZ REPORT CONTENT ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. RUIZ REPORT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AGENTS, AND VENDORS DISCLAIM ANY WARRANTY THAT: (A) THE FUNCTIONS CONTAINED IN THE SERVICES, THIRD PARTY CONTENT, OR RUIZ REPORT CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE, SERVICES, THIRD PARTY CONTENT, AND RUIZ REPORT CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, (B) DEFECTS IN THE WEBSITE, SERVICES, THIRD PARTY CONTENT, OR RUIZ REPORT CONTENT WILL BE CORRECTED, (C) THE TRANSMISSION OF THE SERVICES OR RUIZ REPORT CONTENT TO YOU, OR ANY USER CONTENT OR OTHER INFORMATION YOU TRANSMIT TO US, WILL BE UNINTERRUPTED OR ERROR-FREE, (D) USING THE SERVICES WILL ACHIEVE A PARTICULAR RESULT, OR (E) THE WEBSITE, SERVICES, THIRD PARTY CONTENT, OR RUIZ REPORT CONTENT WILL BE FREE FROM VIRUSES, WORMS, OR OTHER MALICIOUS CODE. YOU USE THE WEBSITE, SERVICES, THIRD PARTY CONTENT, AND RUIZ REPORT CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY PRODUCT, SERVICE, USER CONTENT, OR THIRD PARTY CONTENT PROVIDED BY A THIRD PARTY THROUGH THE SERVICES.

13. Limitation of Liability

RUIZ REPORT'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE, SERVICES, OR RUIZ REPORT CONTENT AND/OR DISPUTE WITH RUIZ REPORT, INCLUDING WITHOUT LIMITATION YOUR USE OF OR INABILITY TO USE THE WEBSITE AND SERVICES, IS TO DISCONTINUE YOUR USE OF THE WEBSITE AND SERVICES. RUIZ REPORT AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICE OR DATA, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO ANY PARTY'S USE OF OR REGISTRATION WITH THE WEBSITE AND SERVICES OR INABILITY TO USE OR REGISTER WITH THE WEBSITE AND SERVICES, EVEN IF RUIZ REPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ARE NOT LIABLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE, SERVICES, RUIZ REPORT CONTENT, USER CONTENT, OR THIRD PARTY CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, PERSONAL INFORMATION, OR YOUR USER CONTENT, (3) POWER FAILURE, TELECOMMUNICATIONS FAILURE, INTERRUPTION, ERROR IN TRANSMISSION OF THE SERVICES, OR OTHER ACTION BEYOND OUR REASONABLE CONTROL, (4) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (5) ANY USER CONTENT PROVIDED BY YOU OR ANY OTHER USER, (6) THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY USERS OR THIRD PARTY SITES, OR (7) ANY THIRD PARTY CONTENT. WE DO NOT INDEPENDENTLY VERIFY THE IDENTITY, QUALIFICATIONS, USER CONTENT, OR BACKGROUND OF ANY USER.

IN NO EVENT SHALL RUIZ REPORT’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU TO RUIZ REPORT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless RUIZ REPORT, its affiliates, licensors, vendors, and service providers, and its and their respective directors, officers, shareholders, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including attorneys' fees, arising out of: (a) your User Content, including but not limited to any claim that your User Content infringes the copyright, trademark, trade secret, patent, privacy, publicity, or other proprietary right or damaged any third party, (b) your use of or inability to use the Website, Services, or RUIZ REPORT Content, (c) your breach of these Terms or other RUIZ REPORT policy, (d) your violation of any applicable law, or (e) unauthorized use of your User Account.

We reserve the right, at our expense, to assume exclusive control of the defense, and you agree to cooperate, at your expense, in the defense of such claims.

15. Fees and Taxes

You can navigate our Website without registering for a paid User Account. You also have the option of signing up for a subscription to the Services. If you sign up for a subscription, you agree to pay us the then-current subscription fees (the “Subscription Fees”) to use the Services. To sign up for a subscription, you will need to provide valid payment card information. Your billing cycle will depend on the type of subscription you select. RUIZ REPORT or its payment processor will charge your payment card our then-current Subscription Fees in accordance with your subscription plan. For example, if you sign up for an annual plan, the Subscription Fees will be charged to your card each year. Your subscription will automatically renew for additional billing cycles until you cancel. YOU ACKNOWLEDGE THAT WE WILL CONTINUE TO AUTOMATICALLY CHARGE THE SUBSCRIPTION FEES TO YOUR PAYMENT CARD UNTIL YOU CANCEL YOUR SUBSCRIPTION. SUBSCRIPTION FEES ARE CHARGED IN ADVANCE.

Any failure to pay any fees as due, including but not limited to any failure due to canceled payment, expired payment card, or insufficient funds, shall result in the suspension or cancellation of the paid features of your User Account. You are responsible for any transaction fees or charges related to insufficient funds or expired payment card and remain responsible for any uncollected amounts.

By providing us with any payment card information, you represent that you are the cardholder and you authorize us to charge your card pursuant to the services requested by you. You can update your payment card information in your Account at any time. By updating your payment information, you authorize us or our payment processor to charge the new payment card. You agree RUIZ REPORT may increase the fees charged under these Terms upon sixty (60) days prior notice to you. Notice will be provided by posting notice of the increase on our website. RUIZ REPORT will charge all taxes applicable to your use of the Services as required by law.

We use a third-party payment processor (“Payment Processor”) to process the Subscription Fees. Processing of payment will be subject to the terms, conditions, and privacy policies and practices of the Payment Processor. As of the Effective Date of these Terms, we use Stripe, Inc. as our Payment Processor. You can review Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any actions or omissions of Stripe or their use of your payment information.

16. Feedback

If you contact RUIZ REPORT with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Website and Services or the content of the Website and Services (collectively, "User Feedback"), the User Feedback shall be deemed to be non-confidential and RUIZ REPORT shall have no obligation to you of any kind with respect to the User Feedback. You grant RUIZ REPORT an exclusive irrevocable perpetual license to reproduce, use, disclose, display, publish, exhibit, transmit, perform, create derivative works, commercialize, and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, RUIZ REPORT shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. RUIZ REPORT shall not be liable or owe any compensation for the use or disclosure of the User Feedback.

Any User Feedback or testimonials published on the Website or Services are only intended as a description of the individual User’s experience and are not a guarantee, promise, or warranty of the same or similar experience using the Website or Services. Individual results and experiences may vary.

17. Termination; Suspension

You may terminate your User Account at any time through your User Account settings or by notifying us using the contact details in Section 25. If User chooses to cancel its subscription during their subscription, User may use the Service until the end of User’s then-current Subscription, but will not be issued a refund for the most recently (or any previously) charged Subscription Fees.

All Subscription Fees are non-refundable - there are no refunds or credits for periods where the User did not use an activated User Account, used it only partially, deactivated the User Account or terminated these Terms during an ongoing payment interval, or where an User Account is terminated or suspended by RUIZ REPORT in accordance with this Section.

RUIZ REPORT has the right to terminate or restrict your User Account and your license to access and use the Website and Services for any reason and at any time, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms or applicable law. RUIZ REPORT may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website and Services.

You acknowledge and agree that RUIZ REPORT may terminate your User Account and/or other access privileges and remove and discard your User Content without notice to you for any reason, including without limitation, if (i) you do not use the Software and Services for what RUIZ REPORT, in its sole discretion, deems to be an extended period of time, (ii) RUIZ REPORT believes that you have violated any provision of this Agreement, and/or (iii) you have otherwise acted in any manner that RUIZ REPORT deems objectionable. You agree that any termination of your access to the Software and Services shall not result in any liability or other obligation of RUIZ REPORT to you or any third party in connection with such termination.

We may suspend your access to the Services upon notice from your MLS or Association that your participation rights have been suspended or that you have violated any rule or policy of such MLS or Association or applicable law.

18. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms. By using the Site, you agree to be bound by our Privacy Policy.

19. Accessibility

We have taken steps and regularly assess the Website and Services to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Services, please contact us at info@ruizreport.com.

20. Notice of Copyright Infringement – Digital Millennium Copyright Act (DMCA)

If you believe that any material available on or through the Services infringes upon your copyrighted material, please immediately notify us using our designated agent’s contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification and appropriate action will be taken, if applicable. Any Notification alleging that content hosted by or distributed through the Services infringes copyright rights must include the following information:

1. an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright;
2. identification of the copyrighted work claimed to have been infringed, or if multiple works, a list of the copyrighted works;
3. a description of the material that you claim is infringing and where it is located on the Website (such as the URL, if possible);
4. your name, address, telephone number, and email address;
5. a statement that you have a good faith belief that use of the content on the Website 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 you are the copyright owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Please be advised that, pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. You should consider contacting an attorney prior to sending a Notification.

We may terminate the User Accounts of repeat infringers of others’ copyrights in appropriate circumstances.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

21. Governing Law; Dispute Resolution

A. Governing Law

This Terms of Service, our Privacy Policy, and any other RUIZ REPORT policy will be governed by the laws of the State of North Carolina without regard to its conflict of law principles.

B. Binding Arbitration

You agree that any dispute, claim, lawsuit, or proceeding between you and us that arises out of this Terms of Service, our Privacy Policy, or your use of the Website or Services will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT THIS MEANS THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIM TRIED IN FRONT OF A JURY, AND WITHOUT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), available at the AAA website: www.adr.org. Arbitration costs and expenses shall be shared equally between us unless the arbitrator determines that such costs and expenses are unfair, in which case we will pay all arbitration fees and expenses. Each of us shall be responsible for our own legal fees related to the arbitration. Arbitration may be conducted in person or virtually, upon the approval of the arbitrator. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Buncombe County, North Carolina. Except as otherwise provided herein, either you or RUIZ REPORT may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. ALL ACTIONS RELATED TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR BE FOREVER BARRED.

C. Class Action Waiver

By accessing and/or using the Website or Services, you agree any claims you bring against RUIZ REPORT will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by these Terms, the Privacy Policy, or other RUIZ REPORT policy.

If a court rules that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed as a class action, then the arbitration provision set forth above shall be deemed null and void in its entirety and the dispute shall be brought in the federal or state courts in Buncombe County, North Carolina, and you hereby consent to the personal jurisdiction of such state and federal courts. Any claims litigated in court pursuant to this Section shall be a bench trial. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL. YOU UNDERSTAND THAT IN THE ABSENCE OF THIS SECTION 21, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU EXPRESSLY AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

D. Exceptions to Arbitration

The following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect our intellectual property rights; (b) any claim for injunctive relief; and (c) any claim that meets the jurisdictional requirements for small claims court.

22. No Professional Advice

The information in the Services is provided for information purposes only and does not constitute legal, tax, real estate, or other professional advice. You should engage the services of qualified professionals prior to making any decisions based on the information in the Services.

23. Miscellaneous

The provisions of these Terms addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, and governing law shall survive the termination of these Terms of Service. You cannot assign any of your rights or obligations without our prior written consent. These Terms of Service, the Privacy Policy, and any other written policies or rules of RUIZ REPORT constitute the entire agreement between RUIZ REPORT and you regarding your use of the Website and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, and no waiver of any provision of these Terms will be effective unless in a writing signed by us. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including without limitation strikes, riots, changes in laws or regulations, unavailability of power or telecommunication lines, epidemics, pandemics, quarantine, acts of war, terrorism, fire, flood, earthquakes, or other natural disasters. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severed and shall not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website or Services. These Terms, the Privacy Policy, and any other RUIZ REPORT policy can only be amended by us in writing. The section headings used herein are for convenience only and shall not be given any legal import.

24. Electronic Signature

You represent and warrant that you have the legal right, power and authority to agree to these Terms of Use. You further agree that your use and access of the Website and Services constitutes an agreement and your clicking on the "I Agree" button an electronic signature of these Terms of Use as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted these Terms of Use and otherwise authenticated and acknowledged and agreed that these are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you.

25. Contact Us

If you have questions about these Terms or the Services, please contact us at: