PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE (DEFINED BELOW). YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE. BE SURE TO OCASSIONALLY CHECK BACK FOR UPDATES.
Editorial Disclosure. The Site is the personal website and blog of Roth. The opinions expressed on the Site are Roth’s alone and have not been reviewed, approved or otherwise endorsed by any of the companies or brands mentioned on the Site. Roth does not post any product or service mentions or positive reviews in direct exchange for money, gifts or samples. Roth does not currently accept advertising on the Site and the site does not contain any affiliate links.
Accuracy of Information. We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Site. Roth will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.
Use of the Site. Use of the Site is personal, nonexclusive, non-sublicensable and must be consistent with these Terms and Conditions. The information contained in the Site, including all images, illustrations, text, the design of the Site, graphics, content, and other materials displayed on or available through the Site (collectively “Contents”) are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The Contents are owned, controlled or licensed by Roth, or are the property of their respective owners. Except as otherwise provided herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Roth or the applicable copyright owner. You may not create any derivative work of the Site or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Site. Any unauthorized use of any Contents may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Roth, is strictly prohibited.
Roth respects the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please see our DMCA Procedure for instructions on how to contact us to report possible copyright infringement.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of Roth or its affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, or their respective affiliates. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of Roth or such other owner.
DMCA Notice-Notice and Procedure for Making Claims of Copyright Infringement. Roth’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Roth's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Roth that your copyrighted material has been infringed. Roth does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Roth will respond by either taking down the allegedly infringing content or blocking access to it. Roth may contact the notice provider to request additional information. Under the DMCA, Roth is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Roth a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
Send your notice to our DMCA designated agent at the following address:
DMCA Designated Agent
Mr. Omar Roth
84 Business Park Drive, Suite 211
Armonk, New York 10504
Linking to the Site. Creating or maintaining any link from another website or application to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rules, and regulations.
Third Party Links. From time to time, the Site may contain links to websites that are not owned, operated or controlled by Roth or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from any other website, or the results that you may obtain from using any other website. If you decide to access any other website linked to or from the Site, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
DISCLAIMERS & LIMITATIONS OF LIABILITY. YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ROTH, NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER ROTH NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
ROTH DOES NOT ENDORSE OR REPRESENT THE ACCURACY, TIMLINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGHT THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION WILL BE AT YOUR SOLE RISK.
We assume no responsibility nor liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. IN NO EVENT WILL ROTH OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITE LINKED TO THE SITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED, RENTED, OR OTHERWISE AVAILABLE ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Site.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Roth to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Site will be brought only in the courts of the State of New York or the United States District Court for the Southern District of New York. Any claim or cause of action you have under these Terms and Conditions or your use of the Site: (1) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action will be barred; and (2) must be brought individually, and not consolidated as part of a group or class action complaint. If any provision of these Terms and Conditions is void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will remain in force. These Terms and Conditions constitute the entire agreement between you and Roth concerning your use of the Site. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by emailing us at firstname.lastname@example.org