Effective as of July 1, 2018
Welcome to the RobRodney, Ltd. Website. We appreciate your interest and look forward to supplying you with our products and services. The purpose of this document is to set forth the details of our commercial relationship with registered customers (“Terms”), and we require you to review and agree to the Terms by clicking the “I Agree” box at the end of this document. You will then be taken to our registration page where you can provide us with the information necessary for your registration. Once you agree to the Terms, it will create a legally binding contract between us that applies to all products, information and services provided through our website (“Services”). All of the information you provide to us is strictly confidential. If you do not want to agree to the Terms, you are still permitted to browse the publicly accessible portions of the website but we cannot engage in a commercial transaction or render any Services.
2. Your Agreement to the Terms.
By clicking the “I Agree” box at the end of the last page of this document, or by otherwise using the Services or any of the features of this website, you are representing: (a) that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your purchase of our Services; and (b) THAT YOU ARE OVER THE AGE OF 21 AND OTHERWISE PERMITTED TO PURCHASE AND USE OUR SERVICES; and (3) that you have all necessary information to ensure that your use of our Services is legal in the territory in which you use them.
3. Changes to the Terms.
From time to time, RobRodney may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are significant, we will make reasonable efforts to post a prominent notice on the send notices to registered users. All new or revised Terms take effect immediately and apply to your use of the website from that date on. Your continued use of the website after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
4. Content Available through the Services; Restrictions on Use.
Third Party Websites and Content. We may provide you with information and website links to products and services offered by other parties, and we make no warranty as to the accuracy of such information or content, or of any statements made by such parties or products or services they provide to you.
Ownership and Use of RobRodney Content. All Content provided on the website, including trademarks, software, graphics and written material, is the property of RobRodney and may not be copied, reproduced or downloaded except as we may permit in order to provide you with Services.
Unauthorized Use of the Website. You agree not to use the website or the Services for any unauthorized Internet activity, including hacking, invasion of privacy, offensive or indecent behavior, unauthrorized access to other websites or unauthorized use information and content that it is the property of third parties.
5. Content Supplied by You
Your responsibility: If you provide any content in connection with the Services, you unconditionally represent and warrant that such use is legally permitted and does not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You agree that RobRodney may reproduce, store, transmit, examine and otherwise use such content for any purpose in its sole discretion. You agree to indemnify, defend and hold harmless RobRodney and all of its owners, representatives and agents, against any legal claim or demand from a third party, including any governmental authority, alleging that the use of your content violates such third party’s rights.
Removal of Offensive content. RobRodney may, but is not obligated to, review your content and may at any time, in its sole discretion: (a) delete or remove such content; (b) notify appropriate third parties of such action; and (c) restrict or terminate you access to the website or your use of the Services.
6. Additional Restrictions on Your use of the website or the Services.
a. You may not use any Service for any illegal purpose or in violation of any local, state, national, or international laws or any violation of any right of a third party.
b. You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
c. You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
d. You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
e. You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services. You may not use or attempt to use another’s account or personal information without authorization. You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
7. Disclaimer of Warranties. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROBRODNEY OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ROBRODNEY DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROBRODNEY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
8. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROBRODNEY BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF ROBRODNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By RobRodney: RobRodney may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by RobRodney at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
11. Miscellaneous Terms.
Choice of Law, Venue, Jurisdiction, Attorney’s Fees. The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules. Venue for any legal action brought to enforce or interpret these Terms shall be exclusively limited to the State and Federal courts having jurisdiction over San Diego County, California. You agree to submit to the exercise of personal jurisdiction over you by such courts for any legal action brought to enforce or interpret these Terms. In any such action, the prevailing party shall be entitled, in addition to any other relief, to recover its attorney fees and costs incurred in connection with such action.
Injunctive Relief. You agree that, in addition to any other remedies, RobRodney may obtain immediate and permanent injunctive relief to prevent any existing or threatened breach of these Terms or of the rights of RogRodney or any third party,
No Waiver. Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability. If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No Agency Relationship. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and RobRodney as a result of the Terms or from your use of any of the Services.
Integration. These Terms are the sole and final expression of our agreement concerning the Services, and supercede and replace any prior agreements, understandings or assurances, written or verbal.