Web Site Terms - Rohdie Group LLC ("Rohdie")
BY ACCESSING, BROWSING, SEARCHING, DOWNLOADING FROM OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL POLICIES AND GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, SEARCH, DOWNLOAD FROM, BROWSE OR OTHERWISE USE THE SITE.
1. Copyright. The content, organization, graphics, design, compilation, database information selection, coordination, and arrangement of the database, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any such matters or any part of the Site, except as allowed by Section 2 below, is strictly prohibited. You do not acquire ownership rights to or a license to use any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right Rohdie may have in such information and materials.
2. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not use or utilize framing techniques to enclose any Rohdie logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without Rohdie’s express written consent. Further, you may not use any meta tags or other hidden text utilizing a Rohdie name without Rohdie’s express written consent. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
3. Editing, Deleting and Modification. Rohdie reserves the right in its sole discretion to edit, delete or modify any documents, information or other content appearing on the site.
4. Feedback. Any comments or suggestions sent to Rohdie, including feedback data, such as questions, comments, suggestions, or the like regarding the content of the information contained on the Site (collectively, “Feedback”), shall be deemed to be non-confidential. Rohdie shall have no obligation with respect to such Feedback and shall be free to reproduce, use disclose, exhibit, dispose, transform, create derivative works and distribute the Feedback to others without limitation. Rohdie shall be free to (without charge or liability, whatsoever) use any ideas, concepts, suggestions, know-how or techniques contained in Feedback for any purpose whatsoever.
5. Indemnification. You agree to indemnify, defend and hold Rohdie and its and their respective principals, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation of these Site Terms or misuse of the Site.
6. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED AS IS, AS AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AND WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AVAILABLE THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS. Rohdie AND ITS AND THEIR RESPECTIVE AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION. IN PARTICULAR, BUT NOT AS LIMITATION THEREOF, Rohdie AND ITS AND THEIR RESPECTIVE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Rohdie AND YOU. THE SITE AND THE INFORMATION PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM Rohdie DIRECTLY OR INDIRECTLY THROUGH THE SITE (OR THROUGH CONTACT WITH ANY EMPLOYEE OF Rohdie OR ITS OR THEIR RESPECTIVE AFFILIATED PARTIES WHOSE IDENTITY YOU ASCERTAINED THROUGH THE USE OF THE SITE) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING ANY FORM OR DOCUMENT IS DISCLAIMED. Rohdie WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE. Rohdie’S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE (IF ANY) YOU PAY FOR ANY INFORMATION.
Rohdie RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED ON THE SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, SERVICE MARK, NAME OF MERCHANT OR BROKER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY Rohdie.
7. Links to Other Web Sites. The Site contains links to other Web sites. Rohdie is not responsible for the content, accuracy or opinions expressed in any Web site that you may gain access to through the Site, and such sites are not necessarily investigated, monitored or checked for accuracy or completeness. Inclusion of any linked Web site on the Site does not imply approval or endorsement of the linked Web site by Rohdie. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
8. Information and Press Releases. The Site may contain information and press releases about Rohdie. While this information was believed to be accurate as of the date prepared, Rohdie disclaims any duty or obligation to update this information or any press releases. Information about companies other than Rohdie’s contained in any press release or otherwise, should not be relied upon as being provided or endorsed by Rohdie.
9. Miscellaneous. This agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 6 above. The language in this agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this agreement shall be brought solely in the courts located in the State of New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this agreement, this agreement shall take precedence. Rohdie’s failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.