Terms and Conditions of Use
Welcome to www.go4roi.com (this “site”). These Terms of Use govern your use of this site, which is provided by Resource Options International, Inc. (“ROI”). By accessing this site, you are indicating your acknowledgment and acceptance of these Terms of Use, including the arbitration clause included below. These Terms of Use are subject to change by ROI at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly.
1. ACCESS TO THIS SITE
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If ROI believes the information you provide is not correct, current, or complete, ROI has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
2. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without ROI’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of ROI. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with ROI in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
3. PROPRIETARY INFORMATION
The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by ROI (the “Content”) is the proprietary information of ROI or the party that provided the Content to ROI, and ROI or the party that provided the Content to ROI retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of ROI, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates ROI’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
4. HYPERLINKS
This site may be hyperlinked to other sites which are not maintained by, or related to, ROI. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or ROI. ROI has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and ROI makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by ROI of that site.
5. SUBMISSIONS
You hereby grant to ROI the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to ROI through this site (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. ROI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future ROI operations.
ROI will treat any personal information that you submit through this site in accordance with its Privacy Policy, which can be viewed here.
6. DISCLAIMER
You understand that ROI cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. ROI does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by ROI. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ROI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ROI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ROI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ROI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ROI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and ROI does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
7. LIMITATION ON LIABILITY
ROI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ROI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ROI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ROI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
8. INDEMNITY
You will indemnify and hold ROI, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
9. TRADEMARKS
Trademarks, service marks, and logos appearing in this site are the property of ROI or the party that provided the trademarks, service marks, and logos to ROI. ROI and any party that provided trademarks, service marks, and logos to ROI retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
10. INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that:
• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers, or sponsors;
• includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
• amounts to a “pyramid” or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
ROI reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither ROI nor any third party that provides Content to ROI will assume or have any liability for any action or inaction by ROI or such third party with respect to any submission.
11. SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). ROI will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ROI considers insecure, ROI will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ROI reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. ROI reserves the right to investigate suspected violations of these Terms of Use.
ROI reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing ROI to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting these Terms of Use, you waive and hold harmless ROI from any claims resulting from any action taken by ROI during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either ROI or law enforcement authorities.
12. GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed and interpreted pursuant to the laws of the State of California and the United States of America. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and ROI arising out of these Terms of Use or pertaining to the subject matter hereof. Subject to Section 13 below (relating to arbitration of disputes), you and ROI agree that the exclusive venue for any dispute between us arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Santa Barbara, California.
13. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
You and ROI agree that any dispute between us arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be resolved by binding, individual arbitration under the American Arbitration Association’s rules. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and ROI would have in court may not be available in arbitration. You may bring claims only on your own behalf. Neither you nor ROI will participate in a class action or class-wide arbitration for any claims covered by this arbitration clause. You are giving up your right to participate as a class representative or class member on any class claim you may have against ROI, including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if ROI is a party to the proceeding. This arbitration clause will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
14. MISCELLANEOUS
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use this site.
If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
Last updated December 12, 2016