1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE The primary goal of this website is to provide you with access to information about R&A's businesses, facilities, services, products, and related links to meet your needs with respect to these businesses, facilities, services and products (the "Content"). These Terms are meant to protect all of the visitors to and users of this website, and your access to and use of this website signifies your agreement with these Terms.
DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS.
3. USE OF THIS WEBSITE & INTELLECTUAL PROPERTY RIGHTS R&A controls and (either itself and/or through its third-party hosts) operates this website. All Content on this website, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of R&A or its Providers, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by R&A, its affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to R&A. Content on this website or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among R&A's customers, other users of this website, or the general public. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content. You may download or make a single copy of any Content contained on this website solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by email or other electronic means) for commercial use without the prior written consent of R&A or the Providers. You may request consent by faxing a request to R&A's Legal Department at [email protected]
. Your modification of the Content, use of the Content on any other linked website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of R&A or the Providers, violates the intellectual property rights and proprietary rights of the Content owners and is strictly prohibited. You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this website, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of R&A, or otherwise incorporate into another website any of the Content or other materials on this website, without R&A's express prior written consent. You may not deep link to any page of portions of this website without R&A's prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of this website provided that you do not make or attribute to R&A, its affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of R&A, its affiliated or related entities or Providers without R&A's express prior written consent. Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this website, except as authorized by these Terms, is considered intentional Infringement. Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide R&A's Agent for Notification of Claims of Copyright Infringement the information specified below.A description of the copyrighted work that you claim has been infringed;A description of where the material that you claim is infringing is located on the website; Your address, telephone number, and email address;A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;A statement by you, made under penalty of perjury, that 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; andAn electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
5. PROHIBITED ACTIVITIES You are specifically prohibited from any use of this website, and you agree not to use or permit others to use this website, for any of the following:(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the website's infrastructure or resources, including, but not limited to, sending or promoting the distribution of "spam," "junk mail," chain letters, or other such unsolicited or unlawful mass emailing techniques;(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to R&A's information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;(c) access or attempt to access R&A's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this website;(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this website or R&A's, its affiliated or related entities' or the Providers' systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any Content or services provided at this website;(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this website;(g) upload, post, email or otherwise transmit any Information, Content, or proprietary rights that you do not have a right to transmit under the Terms, any law or other contractual or fiduciary relationships; and/or(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor or copy R&A's website pages or the Content in violation of the Terms or without R&A's prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.
7. LINKS TO THIRD PARTY WEBSITES This website may contain links to third-party or Provider websites not under R&A's control or operation (the "Linked Sites"). The links will let you leave this website and be directed to and access the Linked Sites, which you access is at your own risk. You acknowledge that R&A provides the Linked Sites for your convenience and information only. R&A does not endorse, nor is it responsible for, any content, information, or other related materials, products or services found at any such Linked Sites or any links contained within such Linked Sites, whether or not R&A is affiliated with the owners of such Linked Sites. Except as otherwise specified in these Terms or pursuant to R&A's express written consent, you may not establish a hyperlink to this website from your website or the Linked Sites, or provide any links that state or imply any sponsorship or endorsement of your website or the Linked Sites by R&A or the Providers.
8. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this website or any Linked Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that R&A (and its affiliated or related entities and the Providers) shall neither be responsible nor liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence of such advertisers on or through this website or the Linked Sites.
9. NO WARRANTIES ALL CONTENT, PRODUCTS AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, R&A DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER R&A, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. R&A DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE. R&A IS A DISTRIBUTOR, AND NOT A PUBLISHER, OF THE INFORMATION AND CONTENT AT THIS WEBSITE. R&A HAS NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES OR PROVIDERS (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH INFORMATION AND CONTENT. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU (AND NOTR&A) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
10. LIMITATION OF LIABILITY IN NO EVENT SHALL R&A, ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER R&A (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. R&A'S LIABILITY, AND THE LIABILITY OF R&A'S AFFILIATED OR RELATED ENTITIES AND/OR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES, IF ANY, YOU PAY TO R&A IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. SOME STATES MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. BY WAY OF EXAMPLE ONLY, R&A AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT R&A IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION 10 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF R&A AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
11. GOVERNING LAW AND JURISDICTION R&A operates this website (excluding Linked Sites, over which it has no authority or control) from its offices within the State of South Carolina (which may be subject to change from time to time at R&A's sole discretion). The website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of South Carolina, by accessing this website, you agree that these Terms and your use of the website shall be governed in all respect by the internal substantive laws of the State of South Carolina, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Horry County, South Carolina, and the District of South Carolina – United States District Court, respectively, for all disputes, cases and controversies regarding this website, your use of this website, and your relationship with R&A. R&A makes no representation that materials on this website are appropriate or available for use in other locations and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. INDEMNIFICATION R&A reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold R&A and the Providers, its and their officers, directors, employees, affiliated or related entities, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this website, your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on R&A: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. R&A shall be entitled to participate in such defense at its own cost and expense.
13. MESSAGE BOARDS In the event that R&A provides message boards, web logs or blogs, or discussion forums on this website (the "Forums"), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without R&A's express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to you or any other person or entity. In addition, you warrant that all moral rights in any uploaded materials have been waived. While R&A does not and cannot review every message posted by you or any other user in the Forums, and although R&A is not responsible for these messages, R&A reserves the right (but not the obligation) to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these terms, or otherwise unacceptable. R&A does not endorse any information that may be posted on this website through the Forums. You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or Content associated with the Forums, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or Content. In this regard, you acknowledge that you may not rely on any Content R&A creates or information submitted to R&A by third parties, including without limitation, information in the Forums, and in all other parts of this website.
ROOTS AND ARROWS LLC, RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS
•Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
•Personal information may be shared with third parties in the normal conduct of our business, including but not limited to: advertising, marketing, crm software, and in the normal confines of our duties.
•We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
•We will only retain personal information as long as necessary for the fulfillment of those purposes.
•We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
•Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
•We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
•We will make readily available to customers information about our policies and practices relating to the management of personal information.
•We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.