Terms and Conditions
These Terms may be changed by Roger West at any time with or without notice. Roger West will post any changes to these Terms on this page so that you are always aware of the current Terms. Your continued use of the Website means that you have accepted the updated version.
1. CONDUCT AS A USER
Unless otherwise expressly provided in these Terms, the content and services on this website are for your personal, informational, and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such content or services without written permission from Roger West.
As a user on Roger West’s Website, you will represent yourself accurately and truthfully at all times. You grant Roger West the right to independently verify any information that you post on our website about yourself, although Roger West does not routinely undertake any verification. Roger West reserves the right to constitute classes of users of the website, granting access to certain areas of the website only to certain users.
If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You may also choose a password and a user name. You are responsible for maintaining the confidentiality of any password(s) you are given to access any part of the website, and you are fully responsible for all activities that occur under your password(s). You agree to notify Roger West immediately of any unauthorized use of your password(s). Roger West will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Roger West or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
2. YOUR INFORMATION
“Your Information” includes any information you provide to us, including, without limitation, any information you provide during registration, in any public message area or public forum, or through any email feature.
You are solely responsible for Your Information. We have no obligation to monitor the Website. We may, however, take any action we deem necessary and appropriate in our sole discretion if we believe Your Information creates a risk of liability to Roger West. Roger West may, at its sole discretion, remove or disable access to material on the website that infringes on the rights of third parties or is otherwise harmful to Roger West. Roger West may also, at its sole discretion, terminate your access to the website at any time for any or no reason, with or without notice.
You agree not to upload, post or otherwise transmit via the website any information that: (a) includes unauthorized disclosure of personal information; (b) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Roger West or other users of the website; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (d) violates or infringes anyone’s intellectual property or other rights.
By placing any content on the website that contains images, photographs, graphics or pictures ("Images"), You represent and warrant that: (a) You are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the website; (b) You have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
Roger West reserves the right at all times to disclose any information as Roger West deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Roger West’s sole discretion.
Roger West will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Website:
Name of agent designated to receive notification of claimed infringement:
Attention: Chief Marketing Officer
Full address of designated agent to which notification should be sent:
PO Box 5201
Clearwater, FL 33758
Telephone number of designated agent:
Facsimile number of designated agent:
Email address of designated agent:
To be effective, the notification must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. CONTENT OWNERSHIP
All Content (defined below) used and displayed on the website or available through Roger West’s services are the property of Roger West or its licensors and are protected by United States and international copyright, trademark, and other laws. “Content” means any information, mode of expression, or other materials or services found on the website including, without limitation, message boards, software, writings, graphics, and any and all other features found on the website. In addition to Roger West’s and its licensor’s or supplier’s rights in individual elements of the Content within the website, Roger West owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
Except as expressly authorized in writing by Roger West or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Roger West discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
Unless Roger West has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to Roger West in connection with this website or Roger West’s business (“Submissions”) will be deemed to be provided to Roger West on a non-confidential and non-proprietary basis and will become and remain the property of Roger West. Roger West shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that Roger West shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. No compensation will be paid with respect to the use of your Submissions.
You agree to indemnify, defend and hold Roger West, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your Information or Your Submissions, Your use of the website, including any use by Your employees, Your connection to the website, Your violation of the Terms, or Your violation of any rights of another.
Through the website, you may obtain access to certain confidential information of Roger West and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. The Title to Confidential Information remains with Roger West and its suppliers.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Roger West, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; or (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it as can be evidenced by written records.
5. DOCUMENTS AVAILABLE ON THE WEBSITE
Roger West grants you permission to use documents (such as FAQs, white papers, datasheets, articles, and press releases) available on the website (collectively, “Documents”), provided that: (a) you will not modify the Documents; (b) your use of the Documents is for informational, personal, and non-commercial purposes only and Documents will not be posted on any network computer or broadcast in any media; (c) you will display the below copyright notice and other proprietary notices on every copy you make; and (d) you agree that Roger West may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Roger West. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE DOCUMENTS ARE PROVIDED “AS IS” FOR INFORMATIONAL PURPOSES ONLY. ROGER WEST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Roger West may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the contents of the Documents, and Roger West and its licensors retain all right, title, and interest in and to such intellectual property rights. Except as expressly provided in a written agreement between you and Roger West, the furnishing of the Documents does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of Roger West.
The permission above to use Documents does not include permission to copy the design elements, the look and feel, or the layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Roger West in writing.
6. MESSAGE BOARD POSTINGS
This website may make message boards available to its users. Please remember that any information that is disclosed in public forums on the website becomes public information and you should exercise caution when deciding to disclose your personal information. You may use an alias when posting personal information on the message boards.
ROGER WEST WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
This Website may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (each a “Linked Site”). Roger West has no discretion to alter, update, or control the content on a Linked Site. The fact that Roger West has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in using, retrieving, or relying upon any information found on the Internet, and Roger West urges you to make sure you understand these risks before using, retrieving, or relying upon any such information from a Linked Site.
You acknowledge and agree that Roger West is not responsible for the availability of such Linked Sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites. Roger West will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Site.
9. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, OR ACCURACY.
ROGER WEST DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. ROGER WEST DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE IS COMPLETE OR UP-TO-DATE AND IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITE. ROGER WEST MAY CHANGE THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL ROGER WEST BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
10. LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS PUBLISHED ON THE WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ROGER WEST SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
YOU AGREE THAT ROGER WEST, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST WAGES, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED SITE, EVEN IF ROGER WEST IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ROGER WEST’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
Roger West reserves the right to terminate your access to the website for any reason or for no reason and at any time, without notice.
12. APPLICABLE LAW
This website is controlled by Roger West from its offices within the State of Florida, USA. The laws applicable to the interpretation of these Terms shall be the laws of the State of Florida, USA, and applicable federal law, without regard to any conflict of law provisions.
Roger West makes no representation that the content in this website is appropriate for access outside of the United States. Those who choose to access this Website from outside the United States do so, on their own initiative and are responsible for compliance with local laws. You agree to submission of any dispute to the state and federal courts of the State of Florida and County of Hillsborough, USA.
13. GENERAL TERMS
If any of the provisions of these Terms are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
You agree that any material breach of Sections 1, 2, 3, 4 and 5 of the Terms will result in irreparable harm to Roger West for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Roger West will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Roger West seeks such an injunction.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the website and Roger West’s services.
Roger West’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Roger West’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the services or information provided to or gathered by Roger West with respect to such use. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright © 2008 Roger West Creative, LLC. All Rights Reserved.
Effective Date: January 1, 2009