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Terms of Use

Last Revision Date: 2 December 2018

Welcome!  Thank you for visiting our Website, https://www.rockfleetadv.com and for your interest in our company and our services.

 

This Website offers you information about our consultancy and advisory services.  It also provides other informational content in various forms to potentially include; white papers, case studies, presentations, notice of industry events and links to other websites that may be of interest to you and our clients.

This Website (“Website”) is owned and operated by Rockfleet Advisors LLC (“RA”). Your right to access and use this Website is based on the Terms of Use (“Terms”) detailed below.

By accessing, viewing or using this Website, you affirm that you have read, understood and agree to be bound by these Terms, including any revisions to these Terms that RA may introduce, from time to time, in it's sole discretion, as an update to this Website.  Therefore, you are advised to periodically review this page for revisions, noted at the top of this page.

 

If you do not agree to these Terms, please exit this Website.

Privacy Statement

For information on our practices regarding your privacy and the data we collect about you, as it pertains to use of this Website, please refer to our Privacy and Cookies Policy (Policy”).

User

RA does not knowingly collect personal information for persons under the age of 18.  In order to use our Website, you must be at least 18 years of age or have the permission of a parent or a guardian. 

User Conduct

RA hereby grants you a personal, non-exclusive, non-transferable, revocable license to access and use our Website and the information contained within this Website, strictly in accordance with these Terms.   As a condition of your use of this Website you warrant to RA that you will not use this site for any purpose that is unlawful or prohibited by these Terms.  You may not use this Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of this Website. 

You may make a limited number of copies of the content from this Website for your own internal, personal, non-commercial purposes, provided that you maintain all applicable copyright and other policies.  You may not assign or sublicense this license.   Unless you receive RA’s prior express written consent (except for the express limited purposes permitted above), you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the website, including the content and/or software on the website; (2) make any use of RA’s trademarks, trade dress and/or other intellectual property; (3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of RA; or (4) use any meta tags or any other "hidden text" utilizing RA’s name or trademarks.   Please contact RA at: info@rockfleetadv.com to request such permission.

International Users

This Website is controlled, operated and administered by RA and/or it’s Service Providers from offices in the USA.  You agree that you will not access the RA content on this Website in any country, or in a manner that is prohibited by any applicable laws, restrictions or regulations.  If you access this Website from a location outside the USA, you are responsible for compliance to all local laws.

Copyrights, Trademarks & Trade Dress

All content included on this Website, the compilation of all content on this website and all software used on the site are the property of RA, its affiliates or its content suppliers, and are protected by U.S. and international copyright and trademark laws.  Furthermore, the RA logo, graphics, images, page headers and titles, button icons, scripts and trade and service names, are the intellectual property of RA.

Indemnity

You agree to defend, indemnify and hold RA, it’s officers, partners, associates, employees, agents, subcontractors and suppliers, harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses, including but not limited to reasonable attorneys' fees arising from or relating to your use of this website or your acts or omissions relating to this website, including but not limited to: (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement, or (4) any damage or destruction to our website, or to us, or to another person which is caused by or otherwise results from your acts and omissions.

Third-Party Websites

This Website may contain links to Third-Party websites that are not owned or operated by RA.  These links are included as a courtesy, to provide you with convenient access to further information that may be of interest.  If you utilize one of these links to access the Third-Party websites, you agree and acknowledge that you are consenting to continuous release of information about you to others (in accordance with your privacy settings for those websites) and that you are subject to the terms of use, privacy and cookie policies of those Third-Party websites. RA bears no responsibility or liability in your access and use of those websites.  If you do not agree, then do not use these links to Third-Party websites.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RA AND OUR OFFCERS, PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUBCONTACTORS AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, OR EMOTIONAL DISTRESS, OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS PROVIDED ON THIS WEBSITE.  THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE ON INFORMATION CONTAINED IN THIS WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT RA IS NOT LIABLE FOR ANY OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY VISITOR TO THIS WEBSITE, OR USER OF INFORMATION OBTAINED THROUGH THIS WEBSITE. YOU AGREE THAT RA SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT, OR OTHERWISE.  IF YOU ARE DISSATIFIED WITH ANY PORTION OF THIS WEBSITE OR ANY OF THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO SDISCONTINUE USE OF THIS SITE.

No Commercial Relationship

THE INFORMATION PROVIDED IN OR THROUGH THE RA WEBSITE IS NOT AND SHALL NOT BE CONSIDERED AS THE RENDERING OF CONSULTATIVE ADVICE OR SERVICES AND MAY NOT BE RELIED UPON FOR THAT PURPOSE AND YOUR ACCESS TO, VIEWING OR OTHER USE OF THIS WEBSITE DOES NOT CREATE ANY RELATIONSHIP BETWEEN RA AND YOU.  A CONSULTANT-CLIENT RELATIONSHIP CAN ONLY BE CREATED, AND SERVICES RENDERED, PURSUANT TO THE TERMS AND CONDITIONS OF A CONTRACT AND/OR RETAINER LETTER AGREEMENT EXECUTED BY RA AND THE CLIENT.

No Warranties

ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY LAW.  RA MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE CONTENT ON THIS WEBSITE, OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THIS WEBSITE, WILL BE ACCURATE, TIMELY, COMPLETE, OR AVAILABLE AT ALL TIMES.

Disclaimers/No Liability/Waiver of Claims

 

THE CONTENT OF THIS WEBSITE, INCLUDING ANY LINKS TO THIRD-PARTY CONTENT AS WELL AS THE CONTENT OF ANY RESOURCE, NEWSLETTER OR OTHER PUBLICATION OR MATERIAL THAT YOU RECEIVE THROUGH THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OR ANY KIND, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, AND/OR COMPLETENESS OF SUCH CONTENT.  RA EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THIS WEBSITE, THIRD-PARTY CONTENT ACCESSED THROUGH THIS WEBSITE OR ANY RESOURCE, NEWSLETTER OR OTHER PUBLICATION OR MATERIAL THAT YOU RECEIVE BY SIGNING UP THROUGH THIS WEBSITE AS WELL AS ANY RELIANCE UPON, THE STATEMENTS, REPRESENTATIONS OR INFORMATION IN THIS WEBSITE OR IN ANY SUCH RESOURCE, NEWSLETTER OR OTHER PUBLICATION OR MATERIAL THAT YOU RECEIVE BY SIGNING UP THROUGH THIS WEBSITE.  IN ACCESSING OR RECEIVING THIS CONTENT, YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED THEREWITH AND EXPRESSLY WAIVE ALL CLAIMS AGAINST RA OR ANY KIND THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM SUCH ACCESS OR RECEIPT OR ANY ACTION YOU MAY TAKE OR FOREBEAR FROM TAKING AS A RESULT THEREOF.

Electronic Communications

Visiting this Website or sending RA emails constitutes electronic communications.  You consent to receive electronic communications from RA and you agree that communications that we send you electronically via email or through this Website fulfill any legal requirements that communication be in writing.

Termination for Failure to Comply with Terms of Use

We reserve the right to investigate suspected violations of these Terms of Use.   If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material.   We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our services at our sole discretion.

Applicable Laws

The laws of the Commonwealth of Virginia govern this agreement.   You agree that any legal action between you and RA shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Virginia.

General Information

These Terms of Use constitute the entire agreement between you and RA with respect to the Website and govern your use of this website.  This agreement supersedes any prior agreements between you and RA with respect to this Website.   A waiver of any breach of any provision of these Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms of Use.  The failure of RA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Acknowledgement

You acknowledge that you have read and understand these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.

Contacting Us

If you have any questions about these Terms of Use, or your use of this website, please contact us via email at: info@rockfleetadv.com

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