THE ROSIE NETWORK, INC. d/b/a The Rosie Network, herein after referred to as "TRN" provides listings featured on TRN's Website "Website", hereinafter referred to as "Service" on a variety of service and product providers, collectively, "Network Members") to You, the user, hereinafter referred to as "You" and/or "Your", to allow You the opportunity to locate and learn about the products and services provided by our Network Members.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
- THE ROSIE NETWORK SERVICE
TRN provides listings on a variety of military family-owned businesses around the world. These businesses are vetted for eligibility through TroopID and in some cases, by special consideration by TRN. Despite due diligence, TRN makes no guarantee that listings on our Website are owned and operated by military veterans or spouses.
- USEAGE INFORMATION
As a condition of Your use of the Service, You agree to conduct Yourself in a usage of The Rosie Network search tool (a) provide TRN with true, accurate, current and complete information as prompted by the TRN registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.
- MINIMUM AGE
If You are under the age of eighteen (18), You are prohibited from using our Service.
- USE VOID WHERE PROHIBITED
This Service is void where prohibited.
- LIMITED LICENSE TO WEBSITE
By agreeing to the terms and conditions of this Agreement, The Rosie Network grants You a limited license to access and use the Network Members listings provided for Your own purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the Network Member listings and any content within, without the express written consent of The Rosie Network.
- PUBLICATION AND DISTRIBUTION OF CONTENT
The Rosie Network does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that TRN simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Network Members. You understand that all Content and Network Member Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that TRN does not control, and is not responsible for Content or Network Member Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Network Member Content.
You further acknowledge that TRN has no obligation to screen, preview, monitor or approve any Content or Network Member Content, or Content posted or submitted by any other TRN member or any Network Member. However, TRN reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will TRN be liable in any way for any Content or Network Member Content, including, but not limited to, any Content or Network Member Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Network Member Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against TRN relating to Content or Network Member Content, and release TRN from any and all liability for or relating to any Content or Network Member Content.
- SERVICE PROVIDERS/NETWORK MEMBERS
TRN does not endorse and is not responsible or liable for any Content, Network Member Content, data, advertising, products, goods or services available or unavailable from, or through, any Network Member (which includes, but is not limited to, health care and wellness providers). You agree that should You use or rely on such Content, Network Member Content, data, advertisement, products, goods or services, available or unavailable from, or through any Network Member (which includes, but is not limited to, health care and wellness providers), TRN is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Network Member (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Network Member (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve TRN. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Network Members (which includes, but is not limited to, health care and wellness providers). You agree that TRN is not responsible for the accessibility or unavailability of any Network Member (which includes, but is not limited to, health care and wellness providers) or for Your interactions and dealings with them, waive the right to bring or assert any claim against TRN relating to any interactions or dealings with any Network Member (which includes, but is not limited to, health care and wellness providers), and release TRN from any and all liability for or relating to any interactions or dealings with Network Members (which includes, but is not limited to, health care and wellness providers).
- HEALTH RELATED PROVIDERS
The contents of TRN Website, such as text, graphics, images, information obtained from TRN, and other material contained on TRN Website ("Website Content") are for informational purposes only. The Website Content is not intended to be a substitute for professional business or medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified business or health provider with any questions You may have regarding a medical condition or business-related issue. Never disregard professional medical or business advice or delay in seeking it because of something You have read on TRN Website.
If You think You may have a medical emergency, call Your doctor or 911 immediately. TRN does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. TRN is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by TRN, TRN employees, others appearing on the Website at the invitation of TRN, or other visitors to the Website is solely at Your own risk.
The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website.
You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual's health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Network Member Content that contain your private or confidential health information in response to Content you submit. TRN is not liable for any such Network Member Content. Please see Section 7 above ("Publication and Distribution of Content") for more information about TRN's responsibilities related to Network Member Content. Except as otherwise provided in this Agreement, neither TRN, nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or TRN.
- 10. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
- (a) are above the age of eighteen (18);
- (b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- (c) will not submit any reviews or comments that may be considered by TRN to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- (d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with TRN, or otherwise attempt to mislead others;
- (g) will not submit comments or content on TRN's Website that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- (h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- (i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- (j) will not take any action that would undermine the process under the Service;
- (k) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- (l) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- (m) will not use the Service in any way that could interfere with the rights of TRN or the rights of other users of the Service;
- (n) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to TRN in connection with the Service;
- (o) agree not to re-sell or assign Your rights or obligations under this Agreement;
- (p) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- (q) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, without the express written consent of TRN which consent may be withheld by TRN in our discretion; and
- (r) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing.
- DISCLOSURE OF INFORMATION
TRN may make Your identifiable information, account information and the Content available to our employees and third parties with whom we contract for use to handle Your account. In addition, TRN may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and TRN users to advertisers, Network Members and other third parties. You agree that TRN may make such uses of information You provide or TRN collects.
You agree that TRN may access, preserve and disclose Your account information, any information provided by You to TRN, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, TRN believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of TRN, its users and/or the public.
As TRN continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
- TERM AND TERMINATION
If TRN deems it necessary, in its sole discretion, TRN may immediately terminate this Agreement, Your account and Your access to the Service. If TRN merely terminates
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
- MODIFICATION OF TERMS AND CONDITIONS
TRN will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.therosienetwork.org). TRN will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
- MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
TRN reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that TRN will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that TRN may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service. You agree that TRN has no responsibility or liability for the deletion or failure to store any Network Member listings and other communications maintained or transmitted by or through the Service. You agree that TRN has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. TRN is not responsible for any delays, failures or other damage resulting from such problems.
- USER FEEDBACK
TRN appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of TRN. In addition, none of the Submissions will be subject to any obligations of confidentiality and TRN will not be liable for any future use or disclosure of such Submissions.
- COPYRIGHT MATERIALS
Aside from user-submitted Content and Network Member Content, all other materials and other information on the Website and any other platform belonging to TRN, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the "Copyright Materials") are the exclusive property of TRN and/or its licensors and are protected by all United States and international copyright laws.
- WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT THE ROSIE NETWORK ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OR ACCURACY OF CONTENT OR FAILURE OF THE SERVICE. THE ROSIE NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR THE ROSIE NETWORK COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ROSIE NETWORK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ROSIE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE OR THE SERVICE OF A NETWORK MEMBER; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY NETWORK MEMBER PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE OR NETWORK MEMBER; (G) ANY BREACH OF THIS AGREEMENT BY THE ROSIE NETWORK OR THE FAILURE OF THE ROSIE NETWORK TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY NETWORK MEMBERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your limited access to the Content on the Website or any other platform owned by TRN represents a substantial portion of the value You receive from TRN and that there is no charge for this service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TRN CONTRACTS WITH A THIRD PARTY TO PROCESS ANY PAYMENT MADE BY YOU TO TRN THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR TRN, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS PARAGRAPH) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF TRN TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY TRN. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF TRN TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY TRN. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS PARAGRAPH. YOU HEREBY UNDERSTAND AND AGREE THAT TRN SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless TRN, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Network Member providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to TRN or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. TRN will have sole control of the defense of any such damage or claim.
- BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for TRN to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of TRN's damages for the specified breaches of this Agreement:
- (a) If you post Content in violation of this Agreement, You agree to promptly pay TRN One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
- (b) If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay Ten Thousand Dollars ($10,000).
- (c) If you use computer programming routines that are intended to aggregate records and/or contact information from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Thousand Dollars ($1,000) for each record that is aggregated, disrupted, damaged, gathered for solicitation purposes or otherwise affected by You.
- (d) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by TRN, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that TRN may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to TRN will be provided by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to The Rosie Network, P.O. Box 2522, Alpine, California 91902-2522 Attn: Stephanie Brown. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- ENTIRE AGREEMENT
This Agreement governs Your use of the Service and constitutes the entire agreement between You and TRN. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and TRN regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Network Members and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to TRN under this Agreement.
- GOVERNING LAW
This Agreement and the relationship between You and TRN will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that TRN may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
It will not be considered a waiver of TRN's rights if TRN fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and TRN agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and TRN as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Acceptance of Terms and Conditions: