Changes to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
Scope of and Restrictions on Use
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the “Content”).
You agree not to:
· copy, download, or store the Content, except as otherwise provided in these Terms, in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without our express written permission;
· collect information from the Site using an automated software tool or manually on a mass basis;
· use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
· obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
· “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
· send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
· use the Site to promote or operate any service or content without our prior written consent;
· restrict or inhibit other users from accessing or using the Site;
· modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
· access or use the Site or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms.
The Site and the Content are owned by ROI Marketing Firm and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of ROI Marketing Firm. You acknowledge and agree that ROI Marketing Firm is and shall remain the sole owner of the Site and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
Account Registration and Security
Access to and use of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify ROI Marketing Firm of any unauthorized use of your account, or any other breach of security. ROI Marketing Firm is not liable for any loss or damage arising from your failure to protect your username or password.
Third Party Materials
The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that ROI Marketing Firm is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. ROI Marketing Firm does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. ROI Marketing Firm is not responsible or liable for your transactions, dealings or interactions with third parties.
You agree to indemnify, defend, and hold ROI Marketing Firm harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of ROI Marketing Firm.
THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ROI MARKETING FIRM HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROI MARKETING FIRM DOES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DOES ROI MARKETING FIRM REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, ROI MARKETING FIRM IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ROI MARKETING FIRM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations set forth above may not apply to you.
Reservation of Rights
ROI Marketing Firm reserves all of ROI Marketing Firm’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that ROI Marketing Firm may have in and to the Site and the Content. Other than as set forth in these Terms, the use of ROI Marketing Firm’s rights and property requires ROI Marketing Firm’s prior written consent. By making services available to you, ROI Marketing Firm is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site without ROI Marketing Firm’s prior written consent.
Changes; Suspension and Termination
Changes to the Site. ROI Marketing Firm reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that ROI Marketing Firm will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Suspension/Termination of Access. ROI Marketing Firm has the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms.
Nothing contained on the Site constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Site constitutes a solicitation or offer by ROI Marketing Firm or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Site are the sole responsibility of the visitor and the information contained on the Site has been prepared without reference to any particular user’s investment requirements or financial situation. ROI Marketing Firm makes no representations that the Content is appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors.
Applicable Law, Jurisdiction and Venue. You agree that these Terms and any dispute arising out of your use of the Site, Content, or products purchased through the Site shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site or Content shall be instituted exclusively in the federal or state courts located in Memphis, Tennessee. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Geographic Restrictions. ROI Marketing Firm is based in the State of Tennessee in the United States. ROI Marketing Firm makes no claims that the Site or Content are accessible or appropriate outside of the United States. Access to and use of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Conditions will continue in full force and effect.
If you have any questions about the Site or these Terms, please contact us at email@example.com