All information, documents, products and services, trademarks, logos, graphics and images (the "Materials") provided on this site are the copyrighted work of RoundOne and its licensors.
RoundOne grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on its site solely for your personal use, provided that all copyright notices located on the Materials appear in the Materials so displayed, copied or downloaded. You agree not to use the Materials for any other purpose without the prior written consent of RoundOne. Without limitation, you agree not to reproduce, re-distribute, sell, publish, broadcast or circulate any information contained in the Materials to anyone, including others in the same company or organization. You may not post any content from this site to news groups, mail lists or electronic bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials.
You may, however, include insubstantial portions of information from the RoundOne site on an occasional and irregular basis in memoranda, reports and presentations, provided that such memoranda, reports and presentations are distributed or otherwise made available only in non-electronic form, for a noncommercial purpose, to fewer than ten individuals. You must also include a description of the information used, attributions of the original sources of the information, and the phrase "Reprinted with permission of RoundOne, LLC. Copyright 2005, RoundOne, LLC, Providence, Rhode Island."
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of RoundOne.
No Framing
You agree not to "frame" or "mirror" any Materials or third party content contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of RoundOne or its licensors, respectively.
Third Party Interaction
In your use of this site, you may enter into correspondence with, purchase goods and/or services, or participate in information sessions with contributors, advertisers or sponsors providing information or offering advice or products on our site. Unless otherwise stated, any such correspondence, advice, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, advice purchase or promotion, is solely between you and the applicable third party. You agree that RoundOne has no liability, obligation or responsibility for any such correspondence, advice, purchase or promotion between you and any such third party.
Links to Third Party Sites
This site may be linked to other sites on the Web which are not under the control of or maintained by RoundOne. Such links do not constitute an endorsement by RoundOne of those sites. You acknowledge that RoundOne is providing these links to you only as a convenience, and further agree that RoundOne is not responsible for the content of such sites.
Professional Advice
The Materials on the site include articles and columns regarding financial, legal, business, tax and other matters. In all cases, the information provided in the Materials is of a general nature and for informational purposes only and may not be applicable to your specific situation. In no case is RoundOne, or any of its contributing authors, purporting to give you advice upon which you should rely without first seeking your own independent professional advice. Moreover, RoundOne takes no responsibility for the advice given by its independent contributing authors and you should not assume that RoundOne has verified the accuracy or completeness of any submission on this site. If you rely on any advice given on this site, you do so at your own risk. We do advise you in all circumstances to get independent, competent legal, tax and accounting advice.
Password Restricted Areas of the Site
Certain areas of this site are password restricted to authorized users ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account information, if any, and agree to notify RoundOne if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify RoundOne of any unauthorized use of your account or any other breach of security in relation to this site known to you.
Submissions
You acknowledge that you are responsible for the information and material that you submit, including chats or blogs, (each a "Submission") and that such Submissions should not violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. You, and not RoundOne, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to hold RoundOne entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by RoundOne in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of this site or the use of the site by any person using your screen name and/or password (including without limitation your participation in blogs or your other Submissions) violates any applicable law or regulation, or the rights of any third party.
Unless otherwise explicitly stated herein, you agree that any Submission provided by you in connection with this site is provided on a non-proprietary and non-confidential basis. You agree that RoundOne shall be free to use or disseminate a Submission which is posted on this site for any purpose. By submitting any Submission to the site, you automatically grant, or warrant that the owner of such Submission has expressly granted, RoundOne the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Forums
Certain areas of this site may enable you to access online forums where you can post messages and read messages posted by other users ("Forums"). Some of the Forums topics are selected by RoundOne and others are created by users. RoundOne does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, whether the topic is first selected by RoundOne or a user. The Forums are a free service provided to users of RoundOne. By posting a message in the Forums, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums.
- You agree to post only messages that relate to the subject matter of the Forum.
- You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- You agree not to impersonate any person or entity, including, for example, a RoundOne employee or officer, a forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others.
- You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer.
- You agree not to advertise or promote any goods or services in the Forums. This includes, among other things, "junk mail", "spam", "chain letters", and "pyramid schemes."
- You agree not to conduct contests or distribute chain letters through the Forums.
- You agree not to violate any applicable local, state, national or international law in connection with your use of the Forums.
ROUNDONE, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OR OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROUNDONE SHALL NOT BE LIABLE TO YOU OR THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL ROUNDONE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ROUNDONE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additional Rights
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws; Export Control
RoundOne controls and operates this site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the third party content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this site are solely directed to individuals, companies or other entities located in the United States.
General
If you violate these Terms, we reserve the right to terminate service to you without notice. Our preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by us in our sole discretion, will result in immediate termination of service. In the event that your account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by RoundOne. You understand that we have the right to terminate any account for any reason that we interpret as an abuse of the account. Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable.
You agree that RoundOne and its licensors may make improvements and/or changes in the products, services and prices described in this site, if any, at any time without notice, and further agree that RoundOne can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the site after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by Rhode Island law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Providence County, in the State of Rhode Island, for the resolution of all disputes arising from or related to these Terms and/or your use of the site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of RoundOne to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RoundOne in writing.
Trademarks
RoundOne and RoundOne.com are trademarks or registered trademarks of RoundOne, LLC in the United States and other countries.
You agree to indemnify and hold RoundOne and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of any of your postings and any material contained therein.