Child Support Calculator WP Plugin

Terms & Conditions

Rosen Advertising Child Support Calculator WordPress Plugin

TERMS OF USE

LAST MODIFIED ON March 21, 2023

Important: Please read these Terms of Use carefully before continuing to use this software application and accompanying services.
Section 24 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.

These Terms of Use (the “Agreement”) are effective as of the date you sign up for the Service, as defined below, (the “Effective Date”) and apply to products and services from Rosen Advertising LLC (“Rosen Advertising”), including:

  • The Rosen Advertising “Child Support Calculator” website located at: https://rosenadvertising.
  • The WordPress Plugin software product entitled “Child Support Calculator WordPress Plugin”.

Rosen Advertising is referred to elsewhere in this Agreement as “we,” “us,” or “our.”

Definitions

  • “Aggregated Data” means data and information related to your use of the Service that is used by us in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service.
  • “Authorized User” means any person (i) for whom you have purchased access to the Service, (ii) who is authorized to access and use the Service under the rights granted to you in this Agreement (by way of a license key provided by Rosen Advertising), and (iii) for whose usage of the Service you remain solely responsible under this Agreement. The number of Authorized Users will be as agreed during your Service signup or other written agreement between you and Rosen Advertising.
  • “Rosen Advertising IP” means the Service, the Service Documentation, and all intellectual property provided to you or any Authorized User. Rosen Advertising IP includes Aggregated Data and any information, data, or other content derived from our monitoring of your access to or use of the Services, but does not include Your Data. For simplicity, we may refer to “Rosen Advertising IP” as “our intellectual property.”
  • “Service Documentation” means any Rosen Advertising user manuals, handbooks, or guides relating to the Service provided by Rosen Advertising to you.
  • “Service” means the “_____________________” software-as-a-service offering that we provide to you, or have an obligation to provide to you, under this Agreement, including any Service Documentation and other Service content. The Service is further explained in Section 1 below.
  • “Your Data” means, other than Aggregated Data, information, data, and other content in any form or medium that is submitted, posted, or otherwise transmitted by or on behalf of you or an Authorized User through the Service.
  1. The Service

To further elaborate on our Service, we provide a software-as-a-service offering that allows a law firm website to provide an online child-support calculator to allow website users to estimate preliminary child-support obligations.

Note: We cannot guarantee the accuracy of the child-support calculations, as they’re merely preliminary estimates based only on the provided information and subject further to decisions made by a court. 

Also note: You are solely responsible for complying with privacy laws and disclosure of any personal information collected.

The process for using this software is simple (and similar to that of many WordPress website plugins):

  • First, sign up on our website, located at https://rosenadvertising.com
  • Next, purchase your subscription to the Service.
  • Then, follow the instructions at https://store.rosenadvertising.com/installation to install the plugin.
  • Finally, input your license key, which you can find in your account, in the plugin’s settings on your WordPress site.

If you experience any difficulty during this process, please contact us at https://store.rosenadvertising.com/support.

  1. Acceptance of Terms

By using the Service, you agree as follows:

  1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
  2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as may be amended by us from time to time;
  3. You understand and accept that we may modify the Agreement from time to time, and your continued use of the Service following such modifications will constitute your consent to the modified Agreement; and
  4. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree with all the terms and conditions in this Agreement, then you must immediately discontinue all use the Service.

  1. Your License to Use Our Service

Subject to and conditioned on your payment of Fees and compliance with all other terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferable license to access and use the Service during the Term, solely for use by an Authorized User in accordance with the terms and conditions of this Agreement. Your use is limited to your internal use, and we may terminate your right to access and use our Service at any time and for any reason. We will provide you a license key for each Authorized User to allow you to access the Service. All Authorized Users will be given access by you through the “User Management” section of your Account on the Service.

Again, the Service is made available as a license for use and access only, and not sold to you.

  1. Your Account

Your account and any accompanying online “dashboard” or settings (your “Account”) on https://rosenadvertising.com gives you access to the Service and functionalities that we may establish and maintain from time to time and in our sole discretion.

  1. Account Creation. You must register for an Account to use the Service. You may create an Account by signing up through a registration form on the Service. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify us immediately of any breach of security or unauthorized use of your Account.
  2. Accurate Information. When creating your Account, you promise to provide accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
  3. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. We own, have licensed, or otherwise have rights to all the content that appears in-Service, including Accounts.
  4. Authority to Enter into Agreement. If you open an Account on behalf of your law firm or any other entity, then (i) “you” includes both you and the relevant entity and (ii) you represent and warrant that you are an authorized representative of that entity, with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
  5. Fees and Payment

You will pay us the fees (“Fees”) in US dollars, as set forth in your Account when you sign up for the Service. These Fees are a recurring subscription on a monthly or annual basis (as chosen by you), and are prepaid in advance of our granting access to the Service for the following subscription period, beginning with the Fee payment date. 

If you are using a free trial (which may be offered by us from time to time, with the actual length to be noted in your Account), after that, you will be charged the agreed-upon Fee for your chosen subscription using the payment information you entered (you may cancel at any time prior to the end of the trial period).

Further, we may amend our Service fees, as well as add new services for additional fees and charges, at any time in our sole discretion. If we amend our fees or add additional fees, we will update our pricing and payment terms accordingly, and any change will become effective only in the billing cycle following notice of such change to you.

We may offer different levels of service, with different features and pricing offered in each service level (such as a number of Authorized Users or uses of the Service per billing cycle). Depending on the service level you choose in your Account, if you reach the limit of allowed services for that level we will pause the Service until your next billing cycle, or you may have the option to upgrade your Account’s service level to accommodate additional services. If you have any questions, please contact us at info@rosenadvertising.com.

If you fail to make any payment when due, without limiting our other rights and remedies:

  • We may charge interest on the past due amount at the rate of 3% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law.
  • You will reimburse us for all reasonable costs incurred by us in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees.
  • If such failure continues for 5 business days or more, we may suspend your and any Authorized User’s access to any portion or all of the Services until such amounts are paid in full in accordance with Section 10 of this Agreement.

All Fees and amounts payable by you under this Agreement do not include taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you under this Agreement. You are not responsible for any taxes imposed on our income.

  1. Payment Information

We or our third-party payment processor will charge your Fees (and any other charges you may incur) to the payment method you provide in your Account. 

All information that you provide in connection with a purchase or transaction with us must be accurate, complete, and current. You may change your payment method in your Account. You also agree to pay all charges and merchant fees incurred by use of your credit card, debit card, or other payment method at the prices in effect when these charges are incurred. 

If we are unsuccessful in charging your payment method and have not received payment within 5 business days after informing you, we may, without liability to you, suspend or disable all or part of your access to the Service, and we will be under no obligation to provide the Service while the applicable Fees remain unpaid.

  1. Cancellation; Refunds

You may cancel the Service at any time. To do so, you must notify us before the start of the next billing cycle in your Account or by contacting us at support@rosenadvertising.com. We will not refund or credit you for partial months of service or for periods in which your subscription remains unused. For renewal purposes, if adequate notice is not received and your credit card is subsequently charged, you will not receive a refund, except in certain special circumstances and at our sole discretion or when required by applicable law. 

If we suspend or terminate your use of the Service or this Agreement, you understand and agree that you will receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else, unless required by applicable law.

  1. Your Responsibilities

You are responsible and liable for your actions under this Agreement and for all uses of our intellectual property resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.

  • Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be treated as a breach of this Agreement by you.
  • You will use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of our intellectual property and will cause Authorized Users to comply with such provisions.

You are solely responsible for (i) disclosing all personal information collected from users, in a compliant privacy notice posted on any website on which you use or provide any Service functionality, and (ii) treating any personal information collected in accordance with applicable law. 

  1. Restrictions on Your Use of Our Intellectual Property

You will not use our intellectual property for any purpose beyond that granted in this Agreement. This means that you will not at any time, directly or indirectly, and will not permit any Authorized User, to:

  • Copy, modify, or create derivative works of our intellectual property, in whole or in part.
  • Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of our intellectual property, including any attempts to discover the underlying code, structure, implementation, or algorithms of our intellectual property.
  • Use our intellectual property to develop, create, or permit others to develop or create a product or service similar or competitive to our intellectual property, and, in particular, our Service.
  • Make available our intellectual property to third parties, including by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning, or redistributing our intellectual property.
  • Remove any proprietary notices from our intellectual property.
  • Use our intellectual property in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

In particular, with respect to the Service and any supplemental software code, you may not perform or attempt to perform any of the following:

  • Identify, probe, or scan any security vulnerabilities.
  • Access data not intended for you, or access an account that you are not authorized to access.
  • Interfere with, circumvent, manipulate, overload, impair, or disrupt an operation or functionality.
  • Work around any technical limitations.
  • Use any tool to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented.
  • Impersonate any person or entity, or make any false statements pertaining to your identity.
  • Collect or process information or data about our subscribers.
  • Send any virus, worm, Trojan horse, or other malicious or harmful code or attachment.
  • Use robots, crawlers, or any similar applications to scrape, harvest, collect, or compile content.
  1. Intellectual Property Ownership

Our Intellectual Property

You acknowledge that we own all right, title, and interest in and to our intellectual property, and, with respect to any third-party software or services which may be incorporated into the Service, the applicable third-party providers own all right, title, and interest in and to such software or services, subject to any underlying open source technology licenses used in the creation of the Service..

Your Data

We acknowledge that you own all right, title, and interest in and to Your Data. You hereby grant us (i) a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display Your Data and perform all acts with respect to Your Data as may be necessary for us to provide the Service to you, and (ii) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Your Data as such is aggregated, anonymized, and incorporated within the Aggregated Data.

Feedback

If you or any of your employees or contractors send or transmit any communications or materials to us suggesting or recommending changes to our intellectual property, including new features or functionality, or any comments, questions, suggestions, or the like, we are free to use such feedback irrespective of any other obligation or limitation.

You hereby assign to us on your behalf, and on behalf of your employees, contractors, and agents, all right, title, and interest in, and we are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in such feedback or suggestions, for any purpose whatsoever.

  1. Reservation of Rights

We reserve all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted in this Agreement, nothing in this Agreement grants to you or any third party any intellectual property rights or other right, title, or interest in or to the Service.

  1. Term and Termination

The Term of this Agreement begins on the Effective Date and, unless terminated earlier in accordance with this Agreement’s express provisions, will continue in effect until terminated by either party by giving notice to the other, which you may do by either logging into your Account and cancelling your subscription, or by contacting us. 

In addition to any other express termination right set forth in this Agreement:

  • We may terminate this Agreement, effective on written notice to you, if you:
    • fail to pay any amount when due, and such failure continues more than 15 business days after our delivery of written notice of such failure; or
    • breach any of your obligations under “Restrictions on Your Use of Our Intellectual Property” or “Confidential Information.”
  • Either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party:
    • becomes insolvent or is unable to pay, or fails to pay, its debts as they become due;
    • files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law;
    • makes or seeks to make a general assignment for the benefit of its creditors; or applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
  1. Suspension of the Service

Notwithstanding anything to the contrary in this Agreement, we may temporarily suspend your and any Authorized User’s access to any portion or all of the Service if any of the following occur:

  • If we reasonably determine that:
    • there is a threat to any of our intellectual property;
    • your or any Authorized User’s use of the Service or our intellectual property disrupts or poses a security risk to the Service or our intellectual property or to any of our customers or vendors;
    • you or any Authorized User are using our intellectual property for fraudulent or illegal activities;
    • subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or
    • our provision of the Service to you or any Authorized User is prohibited by applicable law.
  • Any of our vendors have suspended or terminated our access to or use of any third-party services or products required to enable you to access the Service.
  • Your failure to make any payment when due and such failure continues for 5 business days or more. Then, we may suspend your and any Authorized User’s access to any portion or all of the Service until such amounts are paid in full.

While we will use commercially reasonable efforts to provide you written notice of any suspension of your Service and to provide updates regarding resumption of access to the Service following any suspension, we are not liable for any damage, liability, loss (including any loss of data or profits), or any other consequences that you or any Authorized User may incur as a result of a suspension of your access to the Service.

  1. Aggregated Data

Notwithstanding anything to the contrary in this Agreement, we may monitor your use of the Service and collect and compile Aggregated Data. With respect to these Aggregated Data, we own and retain all right, title, and interest in and to them.

You acknowledge and agree that we may compile Aggregated Data based on Your Data input into the Service. You further acknowledge and agree that we may:

  • make Aggregated Data publicly available in compliance with applicable law; and
  • use Aggregated Data to the extent and in the manner permitted under applicable law.
  1. Identifying You as a Customer and User of Our Service

Unless you notify us otherwise in writing, we may identify and indicate you as a customer and user of our Service on our website and in other online and offline marketing materials and press releases. We acknowledge that your company name and logo are protected by intellectual property rights. You hereby grant us a worldwide, non-exclusive, non-transferable, royalty-free license to use your name, logo, and website URL on our website and in other online and offline marketing materials relating to the Service. We will use this content strictly in accordance with any usage guidelines you provide us with.

  1. Messages from Rosen Advertising

You understand that you may receive business-related communications from us through the Service or through email and other messaging platforms, such as product-related messages, announcements, and administrative notices. You agree that these communications are not unsolicited commercial advertisements and you agree to receive them. 

Marketing-related email messages will be accompanied by instructions for opting out.

  1. Support Services and Maintenance

We may, in our sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). We are not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will constitute a default by Rosen Advertising under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and us will be and remain our sole property and will be subject to the terms and conditions of this Agreement.

If we choose to provide you Support Services, we will attempt to respond to any technical questions, problems, and inquiries within a reasonable time. But the following restrictions apply:

  • We may decline to provide support for a matter that we consider, at our sole discretion, to require unreasonable time, effort, cost, or expense.
  • We make no warranty as to a specific response time or to the successful or satisfactory resolution of the question, problem, or inquiry.
  • You will cooperate and work closely with us to reproduce malfunctions as we reasonably request, including conducting diagnostic or troubleshooting activities.
  • You will cooperate and perform any requested modifications that our technical staff instructs you to perform on any supplementary software code installed on your webpage.

Our customer support may be reached by contacting us at info@rosenadvertising.com. You agree that you will look solely to Rosen Advertising in connection with Support Services.

  1. Modification and Monitoring of the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

We reserve the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.

  1. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Rosen Advertising on an as-is basis. Rosen Advertising expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Rosen Advertising makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Rosen Advertising, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

  1. Limitation of Liability
You expressly understand and agree that Rosen Advertising is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Rosen Advertising has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Rosen Advertising and its affiliates will be limited to the fullest extent permitted by law.

  1. Indemnification

You agree to indemnify and hold Rosen Advertising and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Rosen Advertising or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.

  1. Confidential Information

Rosen Advertising may disclose or make available to the other information about their business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information”).

Confidential Information does not include information that, at the time of disclosure is:

  • in the public domain;
  • known to you at the time of disclosure;
  • rightfully obtained by you on a non-confidential basis from a third party; or
  • independently developed by you.

You agree that you will not disclose Rosen Advertising’s Confidential Information, except to employees who need to know Confidential Information to exercise your rights or perform your obligations under this Agreement.

On the expiration or termination of this Agreement, you will promptly return to the other all copies, whether in written, electronic, or other form or media, of our Confidential Information, or destroy all such copies and certify in writing to the other that such Confidential Information has been destroyed.

Your nondisclosure obligations with regard to Confidential Information are effective as of the Effective Date and will expire 5 years from the date first disclosed.

With respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), obligations of nondisclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.

  1. Your Personal Information

Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://store.rosenadvertising.com/privacy. You agree that your use of the Service is subject to the Privacy Policy.

  1. Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with us, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Florida. This is the case regardless of whether you reside or transact business with us, or any of our affiliates or agents, in the State of Florida or elsewhere. Unless a dispute would be governed by the terms of Section 24 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Orlando, Florida, United States.

  1. Binding Arbitration

Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
You and Rosen Advertising agree that (i) there is no right or authority for any dispute to be arbitrated on a class action basis or to utilize class action procedures; (ii) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (iii) no arbitration may be joined with any other arbitration.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to info@rosenadvertising.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Orlando, Florida, United States, unless the Parties agree to video, phone, or Internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Rosen Advertising will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
By agreeing to this arbitration provision, you understand that you and Rosen Advertising waive the right to sue in court and have a jury trial.
You and Rosen Advertising agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
  1. Security of Data Transmission and Storage

You acknowledge that you provide your personal information at your own risk.

While we use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and to implement your privacy settings, we cannot and do not guarantee that unauthorized third parties will never be able to (i) defeat our security measures or (ii) use your personal information for improper purposes.

Further, electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data (including email, electronic communications, and personal data) may be accessed by unauthorized third parties when communicated between you and Rosen Advertising or between you and other parties. Additionally, Rosen Advertising and its affiliates and agents are permitted, but not obligated, to review or retain your communications.

  1. Trademarks and Copyrights

The Service is owned by Rosen Advertising and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Rosen Advertising, subject to any third-party rights in portions of the Service licensed from third parties. 

  1. Miscellaneous Terms
    1. Agreement Revisions. This Agreement may only be revised in writing by Rosen Advertising, or by our publication of a new version on the Service.
    2. Force Majeure. We are not liable for any delay or failure to perform due to unforeseen circumstances or causes beyond our control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
    3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
    4. Assignment. We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you will be null and void.
    5. Export Regulation. You will comply with all applicable federal laws, regulations, rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval) that prohibit or restrict the export or re-export of our intellectual property or any of Your Data outside the U.S.
    6. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
    7. Attorneys’ Fees. If any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
    8. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition, or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
    9. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    10. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to the Service.
    11. Inclusive Language. As used in this Agreement, the word “including” means “including but not limited to,” and the word “includes” means “includes without limitation.”