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Terms of Use
LAST MODIFIED: OCTOBER 11, 2017
I. Acceptance of the Terms of Use.
(A) These terms of use are entered into by and between You and APPGYN LLC (the “Company”, “we” or “us”). The following terms of use, together with the Privacy Policy, the Roi's List Guidelines, any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Roi’s List mobile application (“Roi's List”) or www.roislist.net (the “Website”) (together, the “Services”), and any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Roi's List and www.roislist.net, including any content, functionality and services offered on or through the Services, and only once you have created a Roi's List account.
(B) Please read these Terms of Use carefully before you start to use the Services. By using the Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.roislist.net/privacy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use Roi's List or the Website.
(C) The Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website or Roi's List, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services.
(D) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, INCLUDING THOSE ARISING OUT OF YOUR USE OF THE WEBSITE OR ROI’S LIST. THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE COMPANY DOES NOT WARRANT ANY OR ALL INFORMATION PRESENTED ON THE WEBSITE OR ROI’S LIST, NOR ANY CONDUCT OF ANY OF ITS PAST, CURRENT, OR FUTURE USERS. IF THE COMPANY DETERMINES, IN ITS SOLE DISCRETION, TO CONDUCT A CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), THE COMPANY MAY USE AVAILABLE PUBLIC RECORDS.
II. Changes to the Terms of Use.
(A) We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services. Your continued use of the Website or Roi's List following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
(B) The Company may provide you with notices, including those regarding changes to these Terms of Use, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Website or Roi's List. Such notices may not be received if you violate these Terms of Use by accessing the Services, Website, or Roi's List in an unauthorized manner. You agree that you are deemed to have received all notice that would have been delivered had you accessed the Website or Roi's List in an authorized manner.
III. Accessing the Services and Account Security.
(A) We reserve the right to withdraw or amend the Website or Roi's List, and any of the Services provided on the Website or Roi's List. Further, we reserve the right to revise, update, modify, and close down the Roi's List application, and any of the Services provided therein. We will not be liable if for any reason all or any part of the Website or Roi's List or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Roi's List, restrict access to some part of the Services, or the entire Website or Roi's List, to users, including registered users.
(B) You are solely responsible for (i) making all arrangements necessary for you to have access to the Website or Roi's List, and (ii) ensuring that all persons who access the Website or Roi's List or Services through your Internet connection are aware of these Terms of Use and comply with them. A list of minimum system requirements, including operating system and physical hardware requirements, may be found on the Website or Roi's List.
(C) To access the Website or Roi's List or Services, you must tie your login credentials from your Facebook account, including registration details and other information. It is a condition of your use of the Website or Roi's List that all the information you provide on the Website or Roi's List is correct, current and complete. You agree that all information you provide to register with this Website or Roi's List or otherwise, including but not limited to using any interactive features on the Website or Roi's List, is governed by our Privacy Policy at www.roislist.net/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
(D) When you sign in through your Facebook credentials, or any other piece of information as part of our security procedures, you must (and hereby agree to) treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Roi's List account is personal to you and agree not to provide any other person with access to this Website, Roi's List, or portions of either using your username, password or other security information, including your Facebook login credentials. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use caution when accessing your account from a public or shared computer, mobile device (including, without limitation, any mobile phones or tablets) so that others are not able to view or record your password or other personal information.
(E) We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
IV. Intellectual Property Rights.
(A) The Website, Roi's List, and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above) are owned by the Company or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(B) These Terms of Use permit you to use the Website or Roi's List for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store or transmit any of the material on our Website or Roi's List, except as follows:
(i) Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively.
(ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(iii) You may download a single copy of our Roi's List application to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
(iv) You may not authorize any organizations, companies, or businesses to use the Services for any purpose.
(v) When we provide social media features with certain content, you may take such actions as are enabled by such features.
(C) You must not:
(i) Modify copies of any materials from the Website or Roi's List;
(ii) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or Roi's List; or
(iii) Permit access or use for any commercial purposes any part of the Website or Roi's List, or any services or materials available through the Website or Roi's List.
(D) If you wish to make any use of material on the Website or Roi's List other than that set out in this Section, please address your request to: support@roislist.net.
(E) If you print, copy, modify, download or otherwise use or provide any other person, organization, company, or business with access to any part of the Website or Roi's List in breach of the Terms of Use, your right to use the Website or Roi's List will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or Roi's List or any content on the Website or Roi's List is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Roi's List not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
V. Trademarks.
The Company name, the term Roi's List, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website or Roi's List are the trademarks of their respective owners, where applicable.
VI. Prohibited Uses.
(A) You may use the Website or Roi's List only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Roi's List:
(i) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(ii) To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(iii) To send, knowingly receive, upload, download, use or reuse any material which does not comply with the “Content Standards” set out in Section X in these Terms of Use;
(iv) To transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation;
(v) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing); or
(vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Roi's List, or which, as determined by us, may harm the Company or users of the Website or Roi's List or expose them to liability.
(B) Additionally, you agree not to:
(i) Use the Website or Roi's List in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Roi's List, including their ability to engage in real-time activities through the Website or Roi's List;
(ii) Use any robot, spider or other automatic device, process, or means to access the Website or Roi's List for any purpose, including monitoring or copying any of the material presented therein;
(iii) Use any manual process to monitor or copy any of the material on the Website or Roi's List, or for any other unauthorized purpose without our prior written consent;
(iv) Use any device, software or routine that interferes with the proper working of and delivery of the Services;
(v) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(vi) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Roi's List, the server on which the Website or Roi's List is stored, or any server, computer or database connected to the Services;
(vii) Attack the Website or Roi's List or service via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack; or
(viii) Otherwise attempt to interfere with the proper working of the Website or Roi's List.
VII. User Uploads.
(A) The Website or Roi's List may contain message boards, chat rooms, personal web pages or profiles, and other interactive features (collectively, “User Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Uploads”) on or through the Website or Roi's List.
(B) All User Uploads must comply with the Content Standards set out in Section X in these Terms of Use. In addition, you must not use our name in metatags, keywords, or hidden text, except with our express written consent.
(C) Any User Upload you post to the site will be considered non-confidential and non-proprietary. By providing any User Upload on the Website or Roi's List, you grant us and our licensees, successors and assignees a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the User Upload. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services, Website, Roi's List or any iterations.
(D) You represent and warrant that:
(i) You own or control all rights, including intellectual property rights, to the User Uploads and have the right to grant the license granted above to us and our licensees, successors and assignees;
(ii) All your User Uploads will comply with these Terms of Use; and
(iii) You understand and acknowledge that you are responsible for any User Uploads you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
(E) We are not responsible, or liable to any third party, for the content or accuracy of any User Uploads posted by you or any other user of the Website or Roi's List. Although we reserve the right to review and remove User Uploads that violate these Terms of Use, such User Uploads are the sole responsibility of the user who posts them, and we cannot guarantee that all content will comply with these Terms of Use. If you see a User Upload on the Services that violates these Terms of Use, please report it within the Services or via support@roislist.net.
(F) You agree that any User Upload you place on the Website or Roi's List may be viewed by other users and may be viewed by any person visiting or utilizing the Services, the Website, or Roi's List. When you use the Website or Roi's List, you should assume that anything you post or submit may be publicly-viewable and accessible, both by users and non-users of the Website or Roi's List. Before you post any User Uploads, be aware that this content may be searchable by search engines.
(G) In consideration for the Company allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback for any purpose without compensating you.
(H) You do not have any rights in relation to other users’ User Uploads, and you may only use other users’ personal information to the extent that your use of it matches the Services’ purpose of allowing people with similar interests to meet one another. You may not use other users’ information for commercial purposes, to spam, harass, or to make unlawful threats. We reserve the right to terminate our relationship with you if you misuse other users’ information or User Uploads.
VIII. Monitoring and Enforcement; Termination.
(A) We have the right to:
(i) Remove or refuse to post any User Uploads for any or no reason in our sole discretion;
(ii) Take any action with respect to any User Upload that we deem necessary or appropriate in our sole discretion, including if we believe that such User Upload violates the Terms of Use, including the Content Standards (Section X), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, Roi's List, or the public, or could create liability for the Company;
(iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(iv) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Roi's List, including any stalking or harassment; or
(v) Terminate or suspend your access to all or part of the Website or Roi's List for any or no reason, including without limitation, any violation of these Terms of Use.
(B) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Roi's List.
(C) YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR BECAUSE OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN BECAUSE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
(D) When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other personnel is at any time threatening or offensive, we reserve the right to immediately terminate your account.
(E) We do not undertake to review material before it is posted on the Website or Roi's List, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section, subject to any applicable law.
(F) You may terminate your account at any time, for any reason, by following the instructions in “Settings” in Roi’s List, however you will need to manage your in-app purchases through your mobile device platform (e.g., iTunes, Google Play). We may terminate your account at any time without notice if we believe that you have violated these Terms of Use. Upon such termination, you will not be entitled to any refund for purchases.
IX. In-App Purchases.
From time to time, we may offer products and services for purchase (“In-App Purchases”) through iTunes, Google Play or other application platforms authorized by us (each, a “Software Store”). If you choose to make an In-App Purchase, you will be prompted to enter details for your account with your Software Store (your “IAP Account”), and your IAP Account will be charged for the In-App Purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for In-App Purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an In-App Purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP Account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or the Roi’s List application from your device.
X. Content Standards.
These content standards (“Content Standards”) apply to all User Uploads and use of User Services. User Uploads must in their entirety comply with all applicable federal, state, local and international laws, including intellectual property laws and regulations. Without limiting the foregoing, User Uploads must not:
(i) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(iii) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
(iv) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy;
(v) Be likely to deceive any person;
(vi) Promote any illegal activity, or advocate, promote or assist any unlawful act;
(vii) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
(viii) Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
(ix) Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(x) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
(xi) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
(xii) Use another user’s account;
(xiii) Create another account if we have already terminated your account, unless you have our permission.
XI. Copyright Infringement.
We do not condone copyright infringement, and will terminate the user accounts of repeat infringers. You may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied or posted on the Website or Roi's List in a way that constitutes copyright infringement, please provide our Copyright Agent (provided in this Section XI), in writing, with the information as follows:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or of interest in the copyright;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the allegedly infringing material is located on the Website, Roi's List, or in the provision of the Services, with reasonably sufficient detail to enable the Company to find the allegedly infringing material;
(iv) Your telephone number and email address;
(v) A written statement by you representing that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A written statement by you, made under penalty of perjury, that all the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at support@roislist.net, or at the following address:
Copyright Agent
c/o Roi's List Legal
3225 McLeod Drive, Suite 100
Las Vegas, Nevada 89121
XII. Reliance on Information Posted.
(A) The information presented on or through the Website or Roi's List is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Roi's List, or by anyone who may be informed of any of its contents.
(B) This Website or Roi's List may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
XIII. Changes to the Website or Roi's List; Application Upgrades.
(A) We may update the content on this Website or Roi's List from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Roi's List may be out of date at any given time, and we are under no obligation to update such material.
(B) However, we may from time to time issue upgraded versions of the Website or Roi's List application, wherein your downloaded mobile application may automatically electronically upgrade. You consent to such automatic upgrading on the Website or Roi's List and on your mobile device, and agree that these Terms of Use shall apply to all such upgrades.
XIV. Information About You.
All information we collect on this Website or Roi's List is subject to our Privacy Policy. By using the Website or Roi's List, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
XV. Linking to the Website or Roi's List and Social Media Features.
(A) You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
(B) This Website or Roi's List may provide certain social media features that enable you to:
(i) Link from your own or certain third-party websites to certain content on this Website or Roi's List;
(ii) Send emails or other communications with certain content, or links to certain content, on this Website or Roi's List; or
(iii) Cause limited portions of content on the Website or Roi's List to be displayed or appear to be displayed on your own or certain third-party websites, software or mobile applications.
(C) You may use the above features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
(i) Establish a link from any part of the Website or Roi's List that is not owned by you;
(ii) Cause the Website or Roi's List or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
(iii) Link to any part of the Website or Roi's List other than the homepage; or
(iv) Otherwise take any action with respect to the materials on this Website or Roi's List that is inconsistent with any other provision of these Terms of Use.
(D) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
(E) We may disable all or any social media features and any links at any time without notice in our discretion.
XVI. Links from the Website or Roi's List.
If the Website or Roi's List contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or Roi's List, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, where applicable.
XVII. Geographic Restrictions.
The owner of the Website and APPGYN LLC is based in the State of Wyoming in the United States. We provide this Website and Roi's List for use only by persons located in the United States. We make no claims that the Website and Roi's List or any of its content is accessible or appropriate outside of the United States. Access to the Website and Roi's List may not be legal by certain persons or in certain countries. If you access the Website or Roi's List from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, including intellectual property laws.
XVIII. Disclaimer of Warranties.
(A) You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, the Website, or Roi's List, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
(B) WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ROI'S LIST OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ROI'S LIST OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
(C) YOUR USE OF THE WEBSITE OR ROI'S LIST, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ROI'S LIST IS AT YOUR OWN RISK. THE WEBSITE OR ROI'S LIST, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ROI'S LIST ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ROI'S LIST. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ROI'S LIST, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ROI'S LIST WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ROI'S LIST OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ROI'S LIST WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(D) THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
(E) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(F) YOU AGREE THAT YOUR USE OF ROI'S LIST OR THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.
XIX. Limitation on Liability.
(A) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ROI'S LIST, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ROI'S LIST OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ROI'S LIST OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
(B) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XX. Indemnification.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Roi's List, including, but not limited to, your User Uploads, any use of the Website or Roi's List’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or Roi's List.
XXI. Governing Law and Jurisdiction.
(A) All matters relating to the Website, Roi's List, Privacy Policy and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
(B) Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, Privacy Policy, Roi's List, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming and County of Laramie. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
XXII. Dispute Resolution.
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use, the Privacy Policy, the Website, or Roi's List, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, first to mediation agreed to in writing by the parties, then next to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wyoming law.
XXIII. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR ROI'S LIST MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
XXIV. Waiver; Severability.
(A) No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
(B) If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
XXV. Entire Agreement.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and Roi's List, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Roi's List.
XXVI. Your Comments and Concerns.
(A) The Website and Roi's List are operated by APPGYN LLC, whose mailing address is 3225 McLeod Drive, Suite 100, Las Vegas, Nevada 89121.
(B) All notices of copyright infringement claims should be sent to the Copyright Agent designated in our Copyright Policy (Section XI) in the manner and by the means set forth therein.
(C) All other feedback, comments, requests for technical support and other communications relating to the Website or Roi's List should be directed to: support@roislist.net.