Terms of Use

Updated: June 2014

SECTION 1. Acceptance and Terms of Use.

Welcome to the website of Radio Advertising Bureau, Inc. ("RAB ®, "we", "us", or "our"). The following terms and conditions (the "Terms of Use") govern your access to and use of www.RAB.com and www.RABmarketing.com, including any content, functionality and services offered therein (collectively, the "Website"), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.rab.com/public/PrivacyPolicy/PrivacyPolicy.cfm, incorporated herein by reference. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF USE, PLEASE DO NOT USE OR ACCESS OUR WEBSITE.

General Access:

This Website is offered and available to users who are 18 years of age or older or the age of majority in your jurisdiction. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the Website with your parent or legal guardian's permission. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Members-only Access:

Portions of this Website are made available only to registered users who are employees of or are directly affiliated with organizations that have signed and agreed to our Membership Application and Agreement (each, a "Member"). If you are a registered user, your use of this Website is subject to the terms and conditions of the Membership Application and Agreement, and your access to the members-only portions of this Website are contingent upon your continued employment or direct affiliation with a Member and provided only for the period that such Member is in good standing. If you are no longer employed by or directly affiliated with a Member, you must not access or use the members-only portions of the Website (i.e., those portions that are only accessible to registered users). For further information regarding access inquiries, please contact RAB at legal@RAB.com.

SECTION 2. 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, with the "Last Updated" date reflected above. Your continued use of the 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 from time to time so you are aware of any changes because they are binding upon you.

SECTION 3. Accessing the Website and Account Security.

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

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy [link], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 this Website or portions of it using your username, 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 agree to accept responsibility for all activities that occur under your account. We have the right to disable any user name, password or other identifier, 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.

SECTION 4. Intellectual Property Rights.

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, functions, features, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by RAB, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. If you are an RAB member or an employee or direct affiliate of an RAB member, you may utilize the RAB protected resources accessible to our registered users via the Website in connection with the business purpose of the RAB member.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, 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 utilize the services and materials provided by RAB in connection with the business purposes of RAB members.
You may utilize the services and materials provided by RAB in connection with non-commercial educational purposes which are consistent with the spirit of RAB's mission and objectives (http://www.rab.com/public/about/about.cfm).

You must not:

Modify copies of any materials from this Website.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
Other than in connection with the business purpose of an RAB member, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website 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 the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by RAB. Any use of the 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.

SECTION 5. Trademarks.

RAB's name, the terms RADIO ADVERTISING BUREAU®, RAB®, RADIO SALES TODAY® and RAB ACCOUNT MANAGER®, as well as Instant Backgrounds™, Why Radio™, The Pitch™, RAB@Work™, Gold Digger Prospecting Reports™, Articles on Demand™, PROposal Assistant™, F.C.T. Reports™, Media Facts™, RAB Professional Development™, CRMC Certified Radio Marketing Consultant™, RMP Radio Marketing Professional™, CRSM Certified Radio Sales Management™, CRMCi Certified Integrated Marketing Consultant™, CPCC Certified Professional Commercial Copywriter™, CDMC Certified Digital Marketing Consultant™, RAB Account Manager™, and RAB ezAuction™; and all related names, logos, product and service names, designs and slogans are trademarks of the RAB or its affiliates or its licensors, whether registered or not. You must not use such marks without the prior written permission of RAB or unless otherwise permitted under these Terms and Conditions. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

SECTION 6. Prohibited Uses.

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

In any way that violates any applicable federal, state, 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).
To transmit, post, share, distribute, reproduce, or otherwise make available any content that is known by you to be fraudulent, false, or misleading, or any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (as determined in our sole discretion).
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 engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined solely by us, may harm RAB or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website 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 device, process or means, whether automated or manual, to access the Website for any purpose, including collecting, mining, scraping, monitoring or copying any of the material on the Website.
Use any device, software or routine that interferes with the proper working of the 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 the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Frame or enclose the Website or any content thereof.
Otherwise attempt to interfere with the proper working of the Website.

SECTION 7. Reliance on Information Posted.

The information presented on or through the 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 the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties. 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 RAB, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RAB. 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.

SECTION 8. Changes to the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

SECTION 9. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 Website for any reconstruction of any lost data.

WE WILL NOT 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

RAB AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE 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. RAB DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER RAB NOR ANYONE ASSOCIATED WITH RAB 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 WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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

SECTION 10. No Class Actions.

YOU AGREE THAT YOU WILL NOT FILE A CLASS ACTION, OR PARTICIPATE IN A CLASS ACTION AGAINST US OR OUR AFFILIATES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

SECTION 11. Limitation of Liability.

IN NO EVENT WILL RAB, ITS AFFILIATES OR THEIR LICENSORS, 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, THE 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 OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

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

SECTION 12. Indemnification.

You agree to defend, indemnify and hold harmless RAB, its affiliates, 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 the Website, including, but not limited to any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. RAB may, in its sole discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without RAB's prior written approval. RAB reserves the right, at its own expense, to assume exclusive defense and control of any such claim or action.

SECTION 13. Export Restrictions.

You may not access, download, use or export the Website, or the content provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the software, products or services of RAB in violation of any such restrictions, laws or regulations, or without all necessary approvals.

SECTION 14. International Use.

RAB makes no claims that information on the Website is appropriate or may be lawfully viewed, accessed or downloaded outside of the United States. Access to the content on the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You also acknowledge and agree that RAB may collect and use your information and disclose it to other entities outside your resident jurisdiction. By submitting your information to the Website, you acknowledge that you consent to the transfer of such information outside your resident jurisdiction.

SECTION 15. Links to Other Sites.

The Website contains links to third party web sites such as social networks and links to our business partners. RAB has no control over such web sites and is not responsible for the availability of such external web sites. RAB does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third party web sites linked from the Website. RAB does not make any representations regarding the content or accuracy of materials on such third party websites and your use of third party web sites is at your own risk and subject to the terms and conditions and policies and procedures of such websites.

SECTION 16. User Responsibility to Protect Against Viruses.

RAB has no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. However, it is your responsibility to take precautions to ensure that whatever you may download from the Website is free of such items as viruses and other items of a destructive nature.

SECTION 17. Governing Law and Jurisdiction.

The Website is controlled by RAB from its offices in New York, New York, in the United States of America. All matters relating to access to, or use of, the Website shall be governed by the laws of the State of New York and the United States. Any legal action or proceeding relating to access to, or use of, the Website or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts located in New York. By accessing or using the Website, you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

These Terms of Use will remain in full force and effect while you are a user of the Website. RAB reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, immediate termination of your ability to access the Website provided to you by RAB, upon any breach by you of these Terms of Use or if RAB is unable to verify or authenticate any information you submit to the Website registration. Even after you are no longer a user of the Website, certain provisions of these Terms of Use will remain in effect, including Sections 4, 5, 6, 7, 9, 10, 11, 12, 14, 16 and 17.

SECTION 18. Waiver and Severability.

No waiver of by RAB 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 RAB 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.

SECTION 19. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and RAB with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

SECTION 20. Contact Us.

If you have any questions about these Terms, please contact us at legal@RAB.com