Terms of Use

This site, www.roxtarinc.com (the “Site”), is owned and maintained by Roxtar, Inc. (“Roxtar”) for itself and its divisions, subsidiaries and affiliates (“we” or “us” or “our”) for your convenient access to information about our consulting services, news, events, and other information we want to share with you. Use of this Site is available to users (“you” or “your”) subject to these terms and conditions of use (“Terms of Use”). If the user using the Site is on behalf of a company, then “you” and “your” will refer to and include the user’s company, its officers, employees, members, agents, successors and assigns. Certain areas of the Site may contain additional terms and conditions of use, such terms together with this Terms of Use, and our Privacy Policy govern your use of this Site (collective, the “Agreement”).

ACCEPTANCE OF TERMS. PLEASE READ THIS AGREEMENT CAREFULLY. Your access to and use of the Site is subject to the terms of conditions of the terms and conditions set forth in this Agreement and will constitute your binding acceptance of this Agreement. We reserve the right, in our sole discretion, to change or modify this Agreement at any time by posting such new terms on the Site. You can find the most recent version of these Terms of Use with the date of last modification noted above. Such modifications shall become effective immediately upon posting, so check back often. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Site and services. Your continued use of the Site and services will constitute your binding acceptance of this Agreement, as may be amended from time to time. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.

Content

All content, information, bylined and news articles, newsletters, information, text, code and software, images, photographs, audio and video clips, graphics, links, interactive features and other materials and files used on or incorporated into this Site (collectively, the “Content”), and the selection, arrangement and/or integration of all such Content are protected by copyright, trademark, or other proprietary rights of ours or certain third parties. The Roxtar name and logo are trademarks, trade names, service marks, or otherwise protected property of Roxtar and all rights are expressly reserved. Except as otherwise expressly provided herein, Content on this Site may not be used, copied or imitated without our prior written consent in each instance. You agree to comply with, and keep intact, any copyright notices, reproduction notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site.

Unless otherwise set forth herein or on a particular Content, you may download or copy Content solely for your own personal use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on the Site, do not download or copy it without first contacting us. You may not copy, use, download, crop, deep-link, modify, frame, publish, download, translate, transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, rearrange, redistribute, alter, adapt, resize, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. If permission is granted by us and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, us (and all other entities with an interest in the relevant intellectual property) or on the Site. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.

We prohibit and you expressly agree not to engage in: the deletion or alteration of any Content posted on our Site by us or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction; and/or using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site.

User Conduct

We may provide interactive activities on the Site such as user galleries, article or blog comment posting areas or bulletin boards (also known as message boards), collectively identified as “Interactive Areas,” for the enjoyment of our visitors. You may not use the Site in a way that violates applicable federal, state, or international law, or for any other unlawful purpose. You may not use the Site to send, receive, or download messages or materials that are inappropriate or violate our intellectual property rights or the intellectual property rights of others.

We respect the intellectual property of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate accounts of users who may be infringing our intellectual property rights and/or the intellectual property rights of others; however, we have no responsibility for content on other websites that you may find or access when using our products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
Information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millenium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent:

Mail: PO Box 251 Charles Town, WV 25414

Email: shine@roxtarinc.com

Phone: 717-451-0568

PLEASE NOTE THAT, DUE TO SECURITY CONCERNS, ATTACHMENTS CANNOT BE ACCEPTED. ACCORDINGLY, ANY NOTIFICATION OF INFRINGEMENT SUBMITTED ELECTRONICALLY WITH AN ATTACHMENT WILL NOT BE RECEIVED OR PROCESSED.

TRADEMARKS
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Roxtar. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Roxtar intellectual property displayed on this Site. Roxtar aggressively enforces its intellectual property rights to the fullest extent of the law. The name Roxtar and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Roxtar. Roxtar also prohibits use of Roxtar and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Roxtar in writing.

Third Party Sites

The Site may contain links to websites and resources on the Internet which are controlled, owned and/or operated by third parties (the “third-party sites”). We do not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by us or imply that we sponsor, are affiliated or associated with or otherwise certify or recommend the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other website.

Unsolicited Materials

We do not solicit nor do we wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or our mail and e-mail addresses, or in any other way. Please note that any information, comments, suggestions, ideas, concepts, data, files, programs, footage, photographs or other materials (collectively, the “Unsolicited Materials”) sent to us or posted on the Site (e.g. comments or suggestions) will be deemed non-confidential. By submitting, transmitting, posting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Material will become and remain our property.

User’s Grant of Limited License

By communicating with us, including submitting, sending or posting Unsolicited Materials or other information or material to the Site and/or directly to us, you grant us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive fully paid-up and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to us. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials.

Security
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.

Termination
Without limiting anything set out elsewhere in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time for any reason or no reason without prior notice or liability. We may change, suspend, discontinue or disable all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, DATA STORED ON THE SITE MAY NOT BE RETRIEVED.

Disclaimer
THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED ON FOR ACCOUNTING, LEGAL, OR TAX ADVICE. WHILE THE CONTENT IS DEEMED RELIABLE, WE CANNOT GUARANTEE ITS ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE, AND WE MAKE NO WARRANTIES WITH REGARD TO THE RESULTS TO BE OBTAINED FROM ITS USE. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. Your use and browsing of, and any reliance by you upon, this Site and any Content herein is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. WE DO NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT ON THE SITE AND YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT IN SOME CASES, THE CONTENT COULD BE MISLEADING, MISLABELED OR SIMPLY INACCURATE. FURTHERMORE, WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, ANY CONTENT, THE SITE AND ALL E-MAILS SENT BY US, OUR AFFILIATES AND SUBSIDIARIES, AND ANY THIRD PARTY VENDORS OR CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, our liability is limited to the greatest extent permitted by law. This Site and Content may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

You specifically acknowledge and agree that neither we nor our Related Parties are liable for any defamatory, offensive or illegal conduct of any user. In addition, while we intend to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.

We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, AND OUR RELATED PARTIES, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OR OUR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.

In the event you transmit, introduce, or otherwise cause any technical disruption of the Site, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys’ fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions. “Technical disruption” includes distribution of unsolicited advertising or chain letters, propagation of computer worms, viruses or other harmful code, and/or using the Site to make unauthorized entry to any other machine accessible via the site. You are further solely responsible for the content of any transmissions using the Site and agree not to upload, post or otherwise make available on the Site any material protected by a proprietary right of a third party without first obtaining the express permission of the owner of such proprietary right. You shall be solely liable for any damages, losses, costs or expenses (including attorneys’ fees and expenses) arising out of infringement of proprietary rights or any other harm arising from the uploading, posting or other submission of materials by you.

Indemnification
You agree to indemnify, defend and hold harmless, us and Related Parties, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any user content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach or alleged breach of the terms of this Agreement. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by us in the defense of any claim. In any event, you shall not settle any matter without our written consent.

Governing Law and Limitation of Actions

The terms of this Agreement shall be governed by and construed in accordance with the internal laws of the State of West Virginia without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in West Virginia. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.

Miscellaneous
From time to time you may attend or be invited to attend an event with us where we take a photograph of attendees. You hereby grant us the right to use your likeness in such a photograph. If we post a photograph that includes your likeness and you do not want your likeness used, please let us know and we will remove the photograph or take other actions to address your concerns.

This Agreement constitutes the entire agreement relating to the subject matter herein. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement may be amended as set above. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.

This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section headings are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.

For more information on our Customer Service Policies e-mail us at shine@roxtarinc.com or contact us by postal mail at:

Postal address:

P.O. Box 251

Charles Town, WV 25414

Attention: Webmaster

CONSULTING

ROXTAR

TERMS OF USE