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EFFECTIVE DATE: November 30, 2023
Terms of Use
NOTICE: Please read these Terms carefully. They cover important information about the Site and include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
Introduction
Please read on to learn the rules and restrictions that govern your use of website(s) that are owned or operated by us (each a “Site”). These Terms of Use (“Terms”) are a binding agreement between you and Roscommon Analytics LLC (“Company”). By using this Site in any way, you agree to all of these Terms, and these Terms will remain in effect while you use the Site. These Terms include the provisions set out herein, as well as those in the Privacy Policy.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE SITE AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE.
Use of This Site
You are responsible for complying with these Terms. The Company is not your agent or trustee.
In the course of your use of the Site, you may be asked to provide certain information to the Company. The Company’s use of any information you provide via the Site shall be governed by the Privacy Policy available at Roscommon Privacy Policy. We take your privacy very seriously and urge you to read our Privacy Policy.
We may modify the Terms from time to time. If we make material changes to the Terms we will post the revised Terms on the Site, send you an email, and/or provide notice by some other means. The provisions contained herein supersede all previous notices or statements regarding our Terms. We include the effective date of our Terms at the top of the statement. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
Site Access and Site User Obligations
By submitting information through this Site, you represent and warrant that you are 16 or older. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are over 18 years of age and authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
All Site Users are responsible for providing current and accurate information through the Site and maintaining accurate and current personal information when using the Site.
Modifications to the Site
The Company reserves the right, in its sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site for any reason. The Company will not be liable to you or to any third party for doing so. The Company may also impose rules for and limits on use of the Site, or restrict Site User access to part, or all, of the Site without notice or penalty, and has the right to change these Terms at any time.
Specific Prohibited Uses
The Site may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission, and posting of your content, and you represent that you have all rights necessary to do so. You are responsible for the consequences of uploading, transmitting, and/or posting of your content on or through the Site. You represent that you will not contribute any content or otherwise use the Site to:
Security Rules
The Company will investigate actual, suspected, or attempted violations of system or network security and may involve, and cooperate with, law enforcement authorities in prosecuting Site Users (for civil or criminal liability) who are involved in such violations. Site Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Harassment and Abusive Conduct Prohibited
Roscommon is committed to maintaining a safe and inclusive environment, where employees, customers, and anyone who uses our Site are treated with respect and dignity. Roscommon prohibits harassment, mistreatment, or abusive conduct of any kind. This specifically includes, but is not limited to, defamation, discrimination, stalking, threats, or conduct that otherwise violates the legal rights of others. This policy applies to anyone who uses the Site, including, but not limited to, Roscommon employees, prospective customers, customers, , contractors, and vendors. Violation of this policy is a breach of these Terms.
International Use
The Company controls and operates the Site in the United States, and all content is processed within the United States. The Company contracts for services with U.S. companies. The Company does not represent that materials on the Site are appropriate or available for use outside of the United States. The Company is not responsible for any unlawful use of the Site.
Proprietary Rights
The information on the Site including, without limitation, all Site design, text, graphics, interfaces, videos, and the selection and arrangements of the foregoing made available in connection with the Site (collectively, the “Company Content”) are protected by copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary laws. The Site are controlled and operated by Company from its offices within the United States. Company makes no representation that the Site are appropriate or available for us in other locations. Access to them from territories where the contents are illegal or prohibited.
All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site and the Company Content belongs to the Company or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos, and icons on the Site, and the Company Content are proprietary information or proprietary marks of the Company or the original creator of the material. The compilation of all content, including the look and feel of the Site (including the Company Content), is the exclusive property of the Company and is protected by United States law, as applicable. Except as may be expressly provided herein, nothing contained in the Terms or the Privacy Policy or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Company Content.
Users are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Site. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained directly from the Site (including the Company Content). Further, you may not reproduce any part of the Site (including the Company Content) and any such violation with respect to the Site will terminate the license(s) granted herein.
Except as provided herein, use of the Site does not grant you a license to any Company Content, features or materials you may access on the Site, and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Company Content, features, or materials, in whole or in part, or otherwise exploit any of the Company Content. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by the Company. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. The Company does not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, or any other intellectual property by including them on the Site.
The trademarks, service marks, and logos, including but not limited to the Company’s name, Product names, logos, and all related names, logos, and service names, service marks, designs, titles, words or phrases and slogans used and displayed on the Site (including the Company Content) are registered and unregistered Trademarks of the Company and others may be protected under law as the trademarks, service marks or trade names of the Company or other entities. Such trademarks, service marks, and trade names may be registered in the United States and internationally. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site (including the Company Content), without the written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Company’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior, written permission of the Company. The Company logos and service names are trademarks and registered trademarks of the Company (the “Company Marks”). You agree not to display or use Company Marks in any manner without the Company's express prior written consent. Nothing on the Site should be construed to grant any license or right to use any Company Mark without the express prior written consent of the Company.
You grant the Company a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and worldwide license to use, translate, modify, reproduce, adapt, publish, create derivative works from, distribute, perform, display and otherwise act with respect to anything you post, upload, share, store, or otherwise provide through the Site, in each case to enable the Company to provide the Site.
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Company Content contained therein without the Company’s prior express written consent. Any unauthorized use of any of the Company Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site without our prior express written consent.
If applicable, you may not permit anyone other than yourself to use your username, password, or other access credentials to gain access to the Site. You will take reasonable steps to maintain the privacy of your username, password, and any other credentials used to access the Site, and to prevent unauthorized access to or disclosure of such credentials. You may not assign or delegate any rights or privileges you may have to access and use the Site to anyone else.
The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Indemnity
You agree to defend, indemnify, and hold harmless the Company and its affiliates, and their directors, officers, employees, contractors, agents, successors, and assigns from any and all claims, losses, obligations, liabilities, damages, costs, and expenses, including, but not limited to, attorneys’ fees and court costs, in any way arising from, related to, or in connection with (i) your use of the Site, (ii) your violation of the Terms and/or Privacy Policy, or (iii) the posting or transmission of any materials on or through the Site by you in violation of the Terms, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right or that a posting or transmission caused damage.
If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for all claims, losses, obligations, liabilities, damages, costs, and expenses, including, but not limited to, attorneys’ fees and court costs arising or resulting from the disruption.
Disclaimer of Warranties
The Company does not warrant that the Site or the function, Company Content, other content, made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Company makes no warranty that the Site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any Company Content or other content downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such Company Content or other content. The Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Site. The Company is not a party to, and does not monitor, any transaction between Site Users and third parties without the direct involvement of the Company.
YOU UNDERSTAND AND AGREE THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS, AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION; ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; AND WARRANTIES ARISING FROM USAGE IN TRADE, COURSE OF PERFORMANCE, OR COURSE OF DEALING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANYOR ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, OR THE CONTENT, MATERIALS, AND FUNCTION RELATED THERETO. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS; LOST BUSINESS, DATA OR SALES; OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS (WHETHER IN CONTRACT OR TORT, AND INCLUDING BUT NOT LIMITED TO NEGLIGENCE), LOSSES, OBLIGATIONS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.
You release the Company, its officers, employees, contractors, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Site, or the Content, materials and function related thereto.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”
Legal Rights
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.
Any claim or cause of action you may have with respect to the Company or the Site must be commenced within one (1) year after the claim or cause of action arose.
Arbitration Agreement.
PLEASE READ THE FOLLOWING ARBITRATION TERMS CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM IT. THIS INCLUDES A CLASS ACTION WAIVER.
Both you and the Company acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, the Privacy Policy, the Site, the Company’s officers, directors, employees, and contractors (collectively, “Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. Aside from this Arbitration Agreement, there are no third party beneficiaries to these Terms.
(a) Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Houston, Texas. The arbitration will proceed in accordance with the Streamlined Arbitration Rules and Procedures of JAMS/Endispute, LLC ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
(b) Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. The Company will pay all arbitration fees for claims less than $75,000. The Company will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court. Either you or the Company may assert claims, if they qualify, in small claims court in Houston, Texas or any United States county where you live or work.
(d) Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE AND/OR JURY. You and the Company are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and you and the Company elect to have the dispute resolved by a judge alone.
(e) Waiver of Class or Consolidated Actions. YOU WAIVE ANY RIGHTS TO CLASS OR CONSOLIDATED ACTIONS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the Company are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following 110 Greene Street, Suite 1100, New York, NY 10012 postmarked within 30 days of first accepting these Terms. You must include (1) your full name and residence address; and (2) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration terms permit either you or the Company to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Houston, Texas.
Notices
Notices to you may be made via either email or regular mail. Notices to the Company shall be by email, certified, or overnight mail at the information below in “Contacting Us.” The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
Contacting Us
Please contact the Company with any questions or concerns in connection with this Agreement, the Site or the Terms at info@roscommonanalytics.com.
Miscellaneous
The Terms constitute the entire agreement between you and the Company and govern your use of the Site, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of the Terms or your use of the Site.
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate, or transfer the Terms or any of your rights or obligations under the Terms in any way, without the Company’s express prior written consent. The Company may transfer, assign, or delegate these Terms and our rights and obligations without your consent. The Terms inure to the benefit of the Company’s successors, assigns, and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.