Rostin Ventures, SearchAMP Terms of Use
These Terms of Use constitute a
legal agreement between you and Rostin Ventures, Inc. ("Rostin Ventures").
The Rostin Ventures SearchAMP
Marketing and SEO Coaching Products and Services are comprised of http://www.search-amp.com
and http://searchampsocial.blogspot com, their constituent web pages and various other web sites, URLs and Web pages
operated by Rostin Ventures, Inc. (also referred to as Rostin Ventures)
The Rostin Ventures SearchAMP,
SocialAMP, ReputationAMP services, any coaching products, programs or services:
"SEO Coaching Services", “Step By Step Guide to First Page Rankings”
and the newsletter known as "What is ROI?" and any other publications
in printed or digital form and the Products and Services from time to time
offered by Rostin Ventures (as defined below) are offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Rostin Ventures Web Site and any such
Products and Services constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Rostin Ventures, Inc. reserves the
right to change the terms, conditions, rules and regulations applying to and
notices under which the Products and Services and the Rostin Ventures Web Site
are offered, including but not limited to the charges associated with the use
of them. All changes shall be effective and deemed accepted by all users upon
posting of such changes on the Rostin Ventures Web Site. That version of these
Terms of Use will then apply to all used by you following the date of
publication. Each access of information from the Rostin Ventures Web Site and
the Products and Services will be a separate, discrete transaction based on the
then prevailing terms. These Terms of Use and the license granted by it may not
be assigned or sublet by you without Rostin Ventures' advance written consent.
SUBSCRIPTION TERMS
Rostin Ventures' programs and
content, including the SEO Coaching Services Membership, and various other
products and services, are generally offered as monthly subscription services.
Subscribers to the Products and Services and Rostin Ventures web based
programs, products, services and programs and users of www.rostinventures.com.com
shall all pay a monthly subscription fee. The monthly subscription fee will be
based on the product or service and established from time to time on the Rostin
Ventures Web Site. From time to time, Rostin Ventures may offer subscribers and
users the right to subscribe to a program, product or service for a period of
longer than one month, often at a discounted rate. Each user agrees to pay a monthly
subscription fee or an agreed upon Periodic Rate, in advance, via a secure
online transaction, credit card or other method from time to time established
by Rostin Ventures, for each month's or other periodic use of the product,
service or program selected and/or access to the Rostin Ventures SEO Coaching
Services Membership. Each user authorizes Rostin Ventures to automatically
debit the payment source or mechanism associated with his or her registered
account for each monthly subscription fee or the Periodic Rate agreed upon by
them. Monthly subscription fees and Periodic Rates are not refundable for any reason,
except as expressly provided from time to time on the Rostin Ventures Web Site,
under Rostin Ventures then applicable and published termination, refund and cancellation policies. Automatic
debits shall continue unless the user terminates the subscription in accordance
with the terms and conditions for proper cancellation or to support@RostinVentures.com and otherwise comply
with the then published policy for refunds or cancellations.
Commencing in January, 2010, Rostin
Ventures will offer a number of products, programs and services developed and
provided by third party providers, including certain web based software
applications and content, downloadable software, research memberships,
education memberships and other third party tools and affiliate products
(hereinafter termed “Third Party Products”).
The Third Party Products may be
offered as part of a "bundle" of products and or as stand alone
products or services. While the Third Party Tools may feature brand or trade
names associated with Rostin Ventures, Inc. and its brand and trade names and Rostin
Ventures may provide certain customer support services for them, they are not
products or services developed by Rostin Ventures. The Third Party Tools
offered by Rostin Ventures may at any time change or be revised and any
specific Third Party Tools may cease to be offered or supported by Rostin
Ventures at any time, without notice. Rostin Ventures may also from time to
time provide access to new or different Third Party Tools. The availability,
functionality, usability of utility of any of the Third Party Tools are not
warranted, represented or in any way assured by Rostin Ventures, Inc. Rostin
Ventures makes no representations or warranties regarding the Third Party Tools
and disclaims all liability for their use, implementation or availability.
From time to time, Rostin Ventures
may provide its SEO Coaching Services Members with access to offers or
promotions made available by or from third parties. If a SEO Coaching Services
member provides an e mail address or other information to such a third party, Rostin
Ventures will not be responsible for the use of the information so provided.
LINKS TO THIRD PARTY SITES
The Rostin Ventures Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites
are not under the control of Rostin Ventures and Rostin Ventures is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. Rostin Ventures is not responsible for webcasting or any other form of
transmission received from any Linked Site. Rostin Ventures is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Rostin Ventures, Inc. of the site or any association with
its operators.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ROSTIN VENTURES, INCLUDING
WITHOUT LIMITATION THE "SEO COACHING SERVICES" “STEP BY STEP GUIDE TO
FIRST PAGE RANKINGS” AND/OR “WHAT IS ROI?” NEWSLETTER, OR ANY OTHER PUBLICATION IN
PRINTED OR DIGITAL FORM, ANY COACHING SERVICES, THIRD PARTY TOOLS AND THE ROSTIN
VENTURES WEB SITE (COLLECTIVELY "THE "PRODUCTS AND SERVICES"),
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, "BUGS", FLAWS,
FUNCTIONAL PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE
PERIODICALLY MADE TO THE PRODUCTS AND SERVICES. ROSTIN VENTURES AND/OR ITS
SUPPLIERS MAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE
PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE
PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ROSTIN VENTURES, INC. AND ITS
AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED IN THE PRODUCTS AND SERVICES, INCLUDING THE ROSTIN
VENTURES WEB SITE AND THIRD PARTY TOOLS, FOR ANY PURPOSE WHATSOEVER. ALL
PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS, WHERE IS", WITHOUT WARRANTY OR
CONDITION OF ANY KIND. ROSTIN VENTURES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS AND SERVICES AND ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL ROSTIN VENTURES,
INC. AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES,
SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS
INTERRUPTION OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
PURCHASE, PERFORMANCE, AVAILABILITY, USE OR PERFORMANCE OF THE PRODUCTS AND
SERVICES, THE RESULTS OBTAINED FROM CONTENT, DATA OR ADVICE RENDERED THROUGH
ACCESS OR USE OF THE PRODUCTS OR SERVICES OR ON THE ROSTIN VENTURES WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE PRODUCTS OR SERVICES, THE ROSTIN
VENTURES WEB SITE OR ANY RELATED PRODUCTS, INFORMATION OR SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCTS AND
SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS OR SERVICES,
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF ROSTIN VENTURES OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS,
MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICABLE PRODUCTS AND
SERVICES AND TEMINATING YOUR SUBSCRIPTION FOR THEM IN ACCORDANCE WITH ROSTIN
VENTURES'S CANCELLATION AND TERMINATION POLICIES THEN IN EFFECT AND POSTED ON
THER STOMEPRNET WEB SITE. ROSTIN VENTURES'S MAXIMUM LIABILITY FOR ANY BREACH OF
THIS AGREEMENT OR ANY CLAIM ARISING OF THE PIRCHASE OR USE OF THE PRODUCTS OR
SERVICES OR THE ROSTIN VENTURES WEB SITE OR ANY CONTENT APPEARING ON ITS WEB
SITE SHALL BE A REFUND OF ANY MONTHLY SUBSCRIPTION FEE PAID BY THE SUBSCRIBER
FOR THE MONTH DURING WHICH ANY CLAIM, DAMAGE OR ALLEGED CLAIM ARISES.
SERVICE CONTACT: support@Rostin Ventures.com
TERMINATION/ACCESS RESTRICTION
Rostin Ventures reserves the right,
in its sole discretion, to terminate your access to the Products and Services
and the Rostin Ventures Web Site and the related services or any portion
thereof at any time, without notice. These terms of use constitute an
enforceable legal agreement which is governed by the laws of the State of Texas,
U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Dallas
County, Texas, U.S.A. to hear and resolve all disputes arising out of or relating
to the use of the Products and Services and the Rostin Ventures Web Site. Use
of the Products and Services and the Rostin Ventures Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Rostin Ventures as a result of this agreement or use of the Products
and Services and the Rostin Ventures Web Site. Rostin Ventures' performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Rostin Ventures' right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Products and services, the Rostin Ventures Web Site
or information provided to or gathered by Rostin Ventures with respect to such
use.
If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Rostin Ventures with
respect to the Products and Services and the Rostin Ventures Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Rostin Ventures with respect
to the Rostin Ventures Web Site. A printed version of this agreement and of any
notice 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. It is the express
wish to the parties that this agreement and all related documents be drawn up
in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Rostin Ventures
Web Site are: Copyright © 2010 Rostin Ventures, Inc. and/or its suppliers. All
rights reserved.
TRADEMARKS
The names of actual companies and
products mentioned herein may be the trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement under
United States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Limitation On Use of Information
You agree to use content or
information obtained from the Products and Services and Rostin Ventures’ SearchAMPSocial.com
Site only for your own private use or the internal purposes of your home or
business, provided that is not the selling or broking of information, and you
will in no event cause or permit to be published, printed, downloaded,
transmitted, distributed, reengineered, or reproduced in any form any part of
such content or information (whether directly or in condensed, selective or
tabulated form), whether for resale, republishing, posting on a web site,
redistribution, viewing, or otherwise.
Nevertheless, you may on an
occasional limited basis download or print out individual pages of information
that have been individually selected, to meet a specific, identifiable need for
information which is for your personal use only, on a confidential basis. You
may make such limited number of duplicates of any output, both in
machine-readable or hard copy form, as may be reasonable for this purpose only.
Nothing herein shall authorize you to create any database, digital copy,
directory or hard copy publication of or from such content or information,
whether for internal or external distribution or use.
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