Rowmark.com Terms of Use
Welcome to
Rowmark.com a service of Rowmark, LLC.
By using the Rowmark.com site, you agree with the
terms and conditions of this Terms of Use and our Privacy Policy.
Updates
Rowmark may change these Terms of Use from time to
time. By continuing to use the Rowmark.com site after the Terms of Use
have been changed, you agree to the changes.
Content
All text, graphics, photographs, trademarks, logos,
artwork and computer code (collectively, "Content"), including but not
limited to the design, layout, and "look and feel" of the Content,
contained on the Rowmark.com site is owned by, or licensed to, Rowmark
and is protected by copyright, trademark, and unfair competition laws.
You may use information on Rowmark products, and
printouts of such information, from the Rowmark.com site, provided that
you not remove any proprietary notice language or symbols in printouts
of such information, do not post or broadcast such information on any
networked computer or any other media, make no modifications to any such
information, and not make any additional representations or warranties
relating to such information.
Use of the
Website
You agree to use the Rowmark.com site only for
purposes as permitted by these Terms of Use and any applicable law,
regulation, or generally accepted practice in the applicable
jurisdiction.
You agree not to interfere or attempt to interfere
with the proper working of the Rowmark.com site, or with any other
person's use of the Rowmark.com site. You may not attempt to gain
unauthorized access to any portion of the Rowmark.com site or to acquire
or track information in respect of any other user of the Rowmark.com
site.
Termination
of Use
Rowmark may, in its sole discretion, terminate your
use of the Rowmark.com site at anytime. Rowmark reserves the right to
change, suspend, or discontinue all or any aspects of the Rowmark.com
site at any time without prior notice.
Linking to
third-party web sites
When you click on links on our site that take you to a
web site outside of Rowmark.com, you will be subject to the third
parties' privacy policies and terms of use. Rowmark does not operate or
control web sites of third parties. Rowmark is not responsible for and
does not endorse the content of information on web sites of third
parties. We encourage you to read the posted privacy statement and terms
of use of any and every web site that you visit, whether you are linking
from our site or browsing on your own.
Trademark
Information
Throughout the site Rowmark trademarks are indicated
by either a TM or ®. All such trademarks are owned by
Rowmark. You may not use any of Rowmark’s trademarks without the prior
written consent of Rowmark.
Copyright Information
All contents of this web site are: Copyright 2009
Rowmark, LLC. All rights reserved.
This web site is for your personal use only. You may
not modify, copy, distribute, display, reproduce, publish, transmit,
license, create derivative works from, transfer or sell any information
or services obtained from this web site without the prior written
consent of Rowmark.
Disclaimer of
Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE
SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET
FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE ROWMARK.COM SITE IS AT YOUR SOLE RISK AND THE INFORMATION AND
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROWMARK
AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. IN PARTICULAR, ROWMARK AND ITS AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT (I) THE ROWMARK.COM SITE WILL MEET YOUR
REQUIREMENTS; (II) YOUR USE OF THE ROWMARK.COM SITE WILL BE TIMELY,
UNINTERRUPTED, SECURE OR ERROR-FREE; (III)
AND ANY INFORMATION OBTAINED BY
YOU AS A RESULT OF THE ROWMARK.COM SITE WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE ROWMARK.COM SITE IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ROWMARK OR THROUGH OR FROM THE ROWMARK.COM SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Limitation of
Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS
SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY
PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET
FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROWMARK AND
ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE
LOSSES (EVEN IF ROWMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE
ROWMARK.COM SITE; (II) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE
TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH
THE ROWMARK.COM SITE; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE ROWMARK.COM SITE; AND (IV) ANY OTHER MATTER RELATING TO THE
ROWMARK.COM SITE.
Indemnity
You agree to defend, indemnify and hold Rowmark, its
affiliates, subsidiaries, directors, officers, employees, agents,
partners and licensor's harmless from any claim or demand, including
reasonable attorneys’ fees, made by a third party, relating to or
arising from your use of the Rowmark.com site.
Governing Law
You agree that your use of the Rowmark.com site and
these Terms of Use shall be governed by the laws of the State of
Ohio, excluding its conflicts of law provisions.
You and Rowmark agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Hancock,
State of Ohio,
to resolve any dispute or claim arising from these Terms of Use and our
Privacy Policy, and agree to and waive any objection to such personal
jurisdiction or venue. Any claim under these Terms of Use and our
Privacy Policy must be brought within one (1) year after the cause of
action arose or be forever barred.
Waiver
The failure of Rowmark to exercise or enforce any
right or provision of these Terms of Use shall not constitute a waiver
of such right or provision.
Severability
If any term, clause or provision of these Terms of Use
is held invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation of any other
term, clause or provision and such invalid term, clause or provision
shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intention of the Agreement.
Integration
These Terms of Use constitute the entire agreement
between you and Rowmark, govern your use of the Rowmark.com site, and
revoke and supersede all prior agreements between you and Rowmark.
Effective: 12/17/09
© 2009 Rowmark LLC All rights reserved.