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Overview
Welcome to the drrolds.com website ("Website") produced and maintained by DR. R.O.L.D.S. (collectively "Company" or "we", "us",
or "our").
The policies below are applicable to the Website (however accessed
and/or used), whether via personal computers, mobile devices or otherwise,
and other interactive features, applications or downloads that are operated
by us that are made available by us. In addition to the Content on the
Website, the Website provides you with various opportunities to submit
content and participate in various shopping and community services ("Services"). BY
USING OUR WEBSITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED
IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE
DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY
OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED
USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF
CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE
YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional
terms and conditions may apply to the purchase of products, such as shipping
and return policies. By using this Site, you agree to such terms and conditions.
1. Copyright and Ownership
All of the content featured or displayed on the Website, including
without limitation text, graphics, photographs, images, moving images,
sound, and illustrations ("Content"), is owned by Company, its
licensors, vendors, agents and/or its Content providers. All elements
of the Website, including without limitation the general design and the
Content, are protected by trade dress, copyright, moral rights, trademark
and other laws relating to intellectual property rights. The Website may
only be used for the intended purpose for which such Website is being
made available. Except as may be otherwise indicated in specific documents
within the Website, you are authorized to view, play, print and download
documents, audio and video found on our Website for personal, informational,
and noncommercial purposes only. You may not modify any of the materials
and you may not copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any information
or work contained on the Website. Except as authorized under the copyright
laws, you are responsible for obtaining permission before reusing any
copyrighted material that is available on the Website. For purposes of
these Terms of Use, the use of any such material on any other website
or networked computer environment is prohibited. You shall comply with
all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of the Website and Services. The Website,
its Content and all related rights shall remain the exclusive property
of Company or its licensors unless otherwise expressly agreed. You will
not remove any copyright, trademark or other proprietary notices from
material found on these Website.
2. Trademarks
All trademarks, service marks and trade names of Company or Company's
licensors used herein (including but not limited to: the Company name,
the Company corporate logo,
the Website name, design and any logos) (collectively "Marks") are trademarks or registered trademarks of Company or its affiliates,
partners, vendors or licensors. You may not
use,
copy, reproduce, republish,
upload, post, transmit, distribute, or modify Company trademarks in any
way, including in advertising or publicity pertaining to distribution
of
materials
on
the Website, without Company's prior written consent.
The use of Company trademarks on any other website or network computer
environment is not allowed. Company prohibits
the use of Company trademarks
as a "hot" link on or to any other website unless establishment
of such a link is approved in advance.
3. Submissions Policy
We are pleased to hear from loyal fans and welcome your comments.
Where we have specifically invited or requested submissions, we encourage
you to submit user published content or user content (e.g. postings to
chatrooms, participation in communities, videos, tips, etc.) to Company
that they have created for consideration in connection with the
Website ("User Submissions"). User Submissions remain the intellectual
property of the individual user. By posting these User Submissions on
our Website, you expressly
grant
Company
a non-exclusive, perpetual, irrevocable,
royalty-free, fully paid-up worldwide, fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate,
create
derivative
works
from, distribute, transmit, perform and display such content and your
name, voice, and/or likeness as contained in your User Submission, in
whole or in part, and in any form throughout the world in any media or
technology, whether now known or hereafter discovered, including all promotion,
advertising, marketing, merchandising, publicity and any other ancillary
uses thereof, and including the unfettered right to sublicense such rights,
in perpetuity throughout the universe. Any such User Submissions are deemed
non-confidential and Company shall be under no obligation to maintain
the confidentiality of any information, in whatever form, contained in
any User Submission.
Except where Company specifically requests comments or submissions,
Company does not accept or consider creative ideas, suggestions, or materials
other than those it has specifically requested. This policy is designed
to avoid misunderstandings if projects developed by Company's professional
staff seem to others to be similar to their own creative work. Accordingly,
Company requests that your comments relate to those services and products
offered by Company, and that you not submit any creative ideas, suggestions,
or materials except where specifically requested or solicited. If you
do send us an unsolicited submission, you agree not to assert any ownership
right of any kind in the unsolicited submission against Company (including,
but not limited to copyright, trademark, unfair competition, moral rights,
or implied contract), you hereby grant Company a nonexclusive, perpetual,
worldwide license to the unsolicited submission in every media and for
every purpose now known or hereinafter discovered and you waive the right
to receive any financial or other consideration in connection with such
unsolicited submission including, but not limited to, credit. You release
Company (and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with
your unsolicited submissions, including without limitation all claims
for theft of ideas or copyright infringement.
We do not encourage, and do not seek User Submissions that result
from any activity that: (i) may create a risk of harm, loss, physical
or mental injury, emotional distress, death, disability, disfigurement,
or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
or (iii) may constitute a crime or tort. You agree that you have not and
will not engage in any of the foregoing activities in connection with
producing your submission. Without limiting the foregoing, you agree that
in conjunction with your submission, you will not inflict emotional distress
on other people, will not humiliate other people (publicly or otherwise),
will not assault or threaten other people, will not enter onto private
property without permission, and will not otherwise engage in any activity
that may result in injury, death, property damage, and/or liability of
any kind. Company will reject any submissions in which Company believes,
in its sole discretion, that any such activities have occurred. If notified
by a user of a submission that allegedly violates any provision of these
Terms of Use, Company reserves the right to determine, in its sole discretion,
if such a violation has occurred, and to remove any such submission from
the Website.
4. Accuracy of Information
We attempt to ensure that information on this Website is complete,
accurate and current. Despite our efforts, the information on this Website
may occasionally be inaccurate, incomplete or out of date. We make no
representation as to the completeness, accuracy or currency of any information
on this Website.
5. Third Party Links
From time to time, this Website may contain links to websites that
are not owned, operated or controlled by Company or its affiliates. All
such links are provided solely as a convenience to you. If you use these
links, you will leave this Website. Neither we nor any of our respective
affiliates are responsible for any content, materials or other information
located on or accessible from any other website. Neither we nor any of
our respective affiliates endorse, guarantee, or make any representations
or warranties regarding any other websites, or any content, materials
or other information located or accessible from any other websites, or
the results that you may obtain from using any other websites. If you
decide to access any other websites linked to or from this Website, you
do so entirely at your own risk.
6. Inappropriate Material
You are prohibited from posting or sending any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise violate
any law. Such violations may subject the sender and his or her agents
to civil and criminal penalties. You further understand and agree that
sending unsolicited email advertisements to any user of the Website or
the Website or through Voice computer systems is expressly prohibited
by these Terms of Use. Any such unauthorized use of our computer systems
is a violation of these Terms of Use and applicable "anti-spam" laws.
In addition to any remedies that we may have at law or in equity, if we
determine, in our sole discretion, that you have violated or are likely
to violate the foregoing prohibitions, we may take any action we deem
necessary to cure or prevent the violation, including without limitation,
the immediate removal of the related materials from this Website. We will
fully cooperate with any law enforcement authorities or court order or
subpoena requesting or directing us to disclose the identity of anyone
posting such materials.
7. Account Registration and Security
You understand that under certain circumstances you may need to create
an account to have access to all of the parts of the Website. In consideration
of your use of the Website, you will: (a) provide true, accurate, current
and complete information about yourself and your business as prompted
by the Website's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Company has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Company has the right to suspend or terminate
your account and refuse any and all current or future use of the Website
(or any portion thereof). You are entirely responsible for the security
and confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your
account. You agree to immediately notify us of any unauthorized use of
your account or any other breach of security of which you become aware.
You are responsible for taking precautions and providing security measures
best suited for your situation and intended use of the Services and Website.
We have the right to provide user billing, account, Content or use records,
and related information under certain circumstances (such as in response
to legal responsibility, lawful process, orders, subpoenas, or warrants,
or to protect our rights, customers or business). Please note that anyone
able to provide your personally identifiable information will be able
to access your account so you should take reasonable steps to protect
this information.
8. Fees
For all charges for any products and services that you agree to buy
from the Website, Company’s Third Party Agent (see section below) STEVEN will bill your credit card or alternative payment method
offered by Company. The Company and STEVEN, will be clear
what your charges will be so you will know when you purchase something
and how much it will be. In the event legal action is necessary
to collect on balances due, you agree to reimburse Company for
all expenses incurred to recover sums due, including attorneys'
fees and other legal expenses. You are responsible for purchase
of, and payment of charges for, all Internet access services and
telecommunications services needed for use of this Website.
9. Third Party Agents
We have third party agents, subsidiaries, affiliates and partners,
including Cognecy.com, that perform functions on our behalf, such
as hosting, billing, marketing, analytics, providing customer service,
fraud protection, etc. These entities may have access to your Registration
Data to perform their functions and are contractually obligated to maintain
the confidentiality and security of that Registration Data. If necessary,
you will cooperate these third party agents, subsidiaries, affiliates
and partners so that they may perform their functions.
10. Access and Interference
You agree that you will not use any robot, spider, scraper or other
automated means to access the Website for any purpose without our express
written permission. Additionally, you agree that you will not: (i) take
any action that imposes, or may impose in our sole discretion an unreasonable
or disproportionately large load on our infrastructure; (ii) interfere
or attempt to interfere with the proper working of the site or any activities
conducted on the Website; or (iii) bypass any measures we may use to prevent
or restrict access to the Website.
11. Force Majeure
Neither Company nor you shall be responsible for damages or for delays
or failures in performance resulting from acts or occurrences beyond their
reasonable control, including, without limitation: fire, lightning, explosion,
power surge or failure, water, acts of God, war, revolution, civil commotion
or acts of civil or military authorities or public enemies: any law, order,
regulation, ordinance, or requirement of any government or legal body
or any representative of any such government or legal body; or labor unrest,
including without limitation, strikes, slowdowns, picketing, or boycotts;
inability to secure raw materials, transportation facilities, fuel or
energy shortages, or acts or omissions of other common carriers.
12. Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS
AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT
THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES
PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES
PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY,
NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO
UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS
OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY WEBSITE,
PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE
SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO
THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE
DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE
MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
COMPANY OR THROUGH COMPANY WEBSITE, PRODUCTS AND SERVICES WILL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. Limitations of Liability
Company does not assume any responsibility, or will be liable, for
any damages to, or any viruses that may infect your computer, telecommunication
equipment, or other property caused by or arising from your access to,
use of, or browsing this Website, or your downloading of any information
or materials from this Website. IN NO EVENT WILL COMPANY, OR ANY
OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION
OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS
OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM
WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO
CEASE USING THIS WEBSITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED
THE GREATER OF TWENTY FIVE DOLLARS (US $25.00).
14. Indemnity
You agree to defend, indemnify and hold Company and any affiliated
company or individual harmless from any and all liabilities, costs, and
expenses, including reasonable attorneys' fees, related to or in connection
with (i) the use of the Website or the Internet or your placement or transmission
of any message or information on this Website by you or your authorized
users; (ii) your violation of any term of this Agreement, including without
limitation, your breach of any of the representations and warranties above;
(iii) your violation of any third party right, including without limitation
any right of privacy, publicity rights or Intellectual Property Rights;
(iv) your violation of any law, rule or regulation of the United States
or any other country; or (v) any other party's access and use of the Website
with your unique username, password or other appropriate security code.
15. Release
In the event that you have a dispute with one or more other users
of the Website, you release Company (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
16. Termination
You or we may suspend or terminate your account or your use of this
Website at any time, for any reason or for no reason. We may also block
your access to our Website in the event that (a) you breach these Terms
of Use; (b) we are unable to verify or authenticate any information you
provide to us; or (c) we believe that your actions may cause financial
loss or legal liability for you, our users or us.
17. General
Any claim relating to, and the use of, this Website and the materials
contained herein is governed by the laws of the state of Florida.
You consent to the exclusive jurisdiction of the state and federal
courts located in Colorado. A printed version of these Terms of
Use will be admissible in judicial and administrative proceedings
based upon or relating to these Terms of Use to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to
our Website or Services, and operation of the Website may be interfered
with by numerous factors outside of our control. If any provision of these
Terms of Use is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. You agree that
these Terms of Use and all incorporated agreements may be automatically
assigned by Company in our sole discretion. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope
or extent of such section. Our failure to act with respect to a breach
by you or others does not waive our right to act with respect to subsequent
or similar breaches. These Terms of Use set forth the entire understanding
and agreement between us with respect to the subject matter hereof. 11
(Access and Interference), 14 (Limitations of Liability), 15 (Indemnity) and 16 (Release), shall survive any termination or expiration of this
Agreement.
18. Digital Millennium Copyright Act ("DMCA")
In operating the Website, we may act as a "services provider" (as
defined by DMCA) and offer services as online provider of materials and
links to third party websites. As a result, third party materials that
we do not own or control may be transmitted, stored, accessed or otherwise
made available using the Website. Company has in place certain legally
mandated procedures regarding allegations of copyright infringement occurring
on the Website. Company has adopted a policy that provides for the immediate
removal of any content or the suspension of any user that is found to have
infringed on the rights of Company or of a third party, or that has otherwise
violated any intellectual property laws or regulations, or any of the terms
and conditions of this Agreement. If you believe any material available
via the Website infringes a copyright, you should notify us using the notice
procedure for claimed infringement under the DMCA (17 USC § 512(c)(2)).
We will respond expeditiously to remove or disable access to the material
claimed to be infringing and will follow the procedures specified in the
DMCA to resolve the claim between the notifying party and the alleged infringer
who provided the Content. Our designated agent (i.e., proper party for
notice) to whom you should address infringement notices under the DMCA
is:
Steven Scolletta: drroldsws@gmail.com
Please provide the following information:
- Identify the copyrighted work or other intellectual property that you
claim has been infringed;
- Identify the material on the Website that you claim is infringing,
with enough detail so that we may locate it on the Website;
- 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 declaring under penalty of perjury that (a) the
above information in your notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to
act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by means
of a general notice on any of our websites, electronic mail to a user's
e-mail address in our records, or by written communication sent by first-class
mail to a user's physical address in our records. If you receive such
an infringement notice, you may provide counter-notification in writing
to the designated agent that includes the information below. To be effective,
the counter-notification must be a written communication that includes
the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access
has been disabled, and the location at which the material appeared before
it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a
good faith belief that the material was removed or disabled as a result
of a mistake or misidentification of the material to be removed or disabled;
and
- Your name, physical address and telephone number, and a statement that
you consent to the jurisdiction of a Federal District Court for the judicial
district in which your physical address is located, or if your physical
address is outside of the United States, for any judicial district in
which we may be found, and that you will accept service of process from
the person who provided notification of allegedly infringing material
or an agent of such person.
19. Entire Agreement
These terms and conditions are the entire agreement between the user
and Company and supersedes any prior understandings or agreements (written
or oral).
20. Additional Assistance
If you do not understand any of the foregoing Terms or if you have
any questions or comments, we invite you to contact us by email
at: drroldsws@gmail.com.
21. Copyright Notice
All Site design, graphics, text selections, arrangements, and all
software are copyright protected.
© 2025 drrolds.com. All rights
reserved. |
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