Terms of Use
Use of www.gotrob.com (the "Website") is subject to the
following Terms of Use (also referred to as this "Agreement"):
1. Ownership; Use.
The Website is owned by Robert Perkins (referred to as "Rob,"
"us," or "we"), and all text, graphics, images
and other materials appearing in the Website ("Content")
are either owned by Rob, or provided through an arrangement with
third parties. Rob and any such third parties retain all proprietary
rights into the Content, and the Content is protected by US and
international copyright laws. You may view, download and print
the Content for your personal, non-commercial home use, provided
you retain all copyright and other proprietary notices contained
in the original Content on any copy. The Content may not be used
in any unauthorized manner.
In no event may you sell, transfer, assign, license, sublicense,
or modify the Content or reproduce, display, or perform, make
a derivate version of, distribute, or otherwise use the Content
in any way for any public or commercial purpose. Deep linking,
framing, and the use or posting of the Content on any other website
or in a network computer environment for any purpose are expressly
prohibited. Trademarks, service marks, and logos, including but
not limited to NATURE BATS LAST, (the "Marks")
used and displayed on the Website are Robs registered and/or
unregistered Marks, and nothing on the Website should be construed
as granting any license or right to use any Marks without Robs
prior written permission specifically for each use.
2. Links.
The Website may contain links to external websites. These links
are provided solely as a convenience and do not constitute any
endorsement of the external sites. We are not responsible for
the availability or content of any external sites. If you decide
to access linked external sites, you do so at your own risk. You
should direct any concerns regarding any external link to its
website administrator or web-master. We reserve the right to approve
or reject any links to the Website.
3. Changes.
We may change, suspend, or discontinue, or impose limits on any
aspect or feature of the Website, or restrict access to it in
whole or in part, at any time and without notice or liability.
4. Submissions.
Please see our Privacy Policy with
respect to any information you submit to Rob by e-mail. You are
solely responsible for any content you transmit, and you must
not submit any material containing viruses or other destructive
components or that may otherwise be harmful, annoying, abusive,
illegal, or pose any risk of liability to us. You acknowledge
that submitting any information creates no confidential, fiduciary,
contractually implied or other relationship between you and us
or any other person (other than this Agreement). We cant
accept responsibility for anything you submit, but by submitting
it you are granting us a perpetual, royalty-free, non-exclusive
and irrevocable right and license to reproduce, prepare derivative
works based upon, distribute, display and perform all or any
part of what you submit in any currently known or future form,
media or technology.
5. Disclaimer of Warranties.
Use of the Website is at your exclusive risk. Except for any
warranties that may be expressly provided by any third party
vendor, the Website, its Content, and all items offered for sale
are provided on an "AS IS" and "AS AVAILABLE" basis without
warranties of any kind, express or implied, including but not
limited to any warranties of title, merchantability, non-infringement
of third parties rights, and fitness for a particular purpose.
We do not warrant that the Website will be uninterrupted or error-free,
that defects or errors in the Website will be corrected, that
the Website will be free from viruses or other harmful components,
or that any Content will be accurate or reliable.
6. Limitations on Liability.
In no event will we or any vendor be liable for any direct, indirect,
incidental, special or consequential damages arising out of or
relating to use of or inability to use the Website. This limitation
applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if notice
has been given of the possibility of such damages. Because some
jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, liability in such jurisdictions shall
be limited to the extent permitted by law. Our maximum liability
and that of any vendors for any claim arising out of or in connection
with the Website is an aggregate of $50.
7. Indemnification.
You hereby agree to indemnify and hold us and any of our affiliates
harmless from all costs, claims, losses, liabilities, damages
and expenses (including but not limited to attorneys fees and
costs) arising out of or relating to your use of the Website or
any alleged breach of this Agreement by you. We reserve the right
to restrict, suspend, or terminate this Agreement and your access
to any part of the Website or the content for any reason or no
reason, without prior notice and without any liability.
8. Miscellaneous.
This Agreement constitutes the entire agreement between you and
us, and supersedes all prior agreements or communications. All
provisions of this Agreement will survive any termination or cancellation
of this Agreement, other than the permission granted to you in
Section 1 above to view, download and print Content. If any provision
of this Agreement is found to be invalid by any court, the invalidity
of such provision shall not affect the validity of the remaining
provisions of this Agreement. No waiver shall be effective against
us unless we make it in writing, and no such waiver shall be construed
as a waiver in any other or subsequent instance. Headings are
for convenience only and have no legal import. This Agreement
will be governed by the laws of the Commonwealth of Massachusetts
applicable to contracts entered into and performed exclusively
in Massachusetts. Any court of competent jurisdiction sitting
within Middlesex or Suffolk counties, Massachusetts will have
exclusive jurisdiction and venue for any dispute arising out of
or relating to the Website or this Agreement, and you hereby waive
any argument that any such court does not have jurisdiction over
you or such dispute or that venue is not appropriate or convenient.
By using the Website you signify your agreement to the terms of
this Agreement. If you do not agree to the terms of this Agreement
you must not use the Website. We reserve the right to change the
terms of this Agreement, in which event we will post the changes
on this page or otherwise provide you with notice. Your use of
the Website after such changes are posted will mean that you accept
them.