AGREEMENT
This document shall hereinafter be referred to as the "Agreement," which establishes the terms and conditions governing the utilization of the services provided by ROWCOS (hereinafter referred to as "Company," "we," "us," or "our"). The official digital platform is designated as etextdb.com (hereinafter referred to as the "Website"). The Website, in conjunction with any associated products and services that reference this Agreement, shall be collectively termed "Services."
For any inquiries or correspondences, you may contact us through the following means:
Phone: 844-888-2160
Email: support@rowcos.com
Postal Address: 5815 Oak Grove Rd, Kansas City, KS 66106, US
By gaining access to, or employing our Services, you (hereinafter referred to as the "User" or "you"), whether as an individual or in a representative capacity on behalf of an organization, do hereby signify your assent to be legally constrained by the stipulations laid forth in this Agreement. Should you find any provision of this Agreement to be disagreeable, it is advisable that you abstain from accessing or utilizing our Services.
In instances wherein modifications or amendments are made to this Agreement, we shall make reasonable efforts to proffer advance notification thereof. Such amendments shall become effective immediately upon their manifestation on our Website or upon receipt of such notification by you, whichever event shall occur first. The continued utilization of our Services subsequent to such updates shall be interpreted as your unambiguous acceptance of the amended terms.
It must be duly noted that access to our Services is exclusively contingent upon the stipulation that the User is an individual of no less than eighteen (18) years of age. We categorically restrict access, registration, or use of our Services by individuals who do not meet this age criterion.
SCOPE OF SERVICES
The content and information rendered accessible through our Services are expressly not intended for promulgation, distribution, or utilization by any individual or entity within jurisdictions or countries wherein such activities would be in contravention of pertinent legal statutes, regulatory frameworks, or would necessitate formal registration therein. Individuals or entities that elect to access our Services from such jurisdictions shall do so at their own volition and shall bear sole accountability for compliance with all local regulations that are applicable.
You are hereby advised that our Services have not been meticulously constructed to comply with specific regulatory mandates, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA). Should your activities necessitate conformance to such or analogous legal frameworks, we strongly dissuade the employment of our Services. Furthermore, any utilization of our Services in a manner that contravenes the provisions of the Gramm-Leach-Bliley Act (GLBA) is explicitly forbidden.
INTELLECTUAL PROPERTY RIGHTS
Ownership and Rights
We retain full ownership or are the duly authorized licensees of all intellectual property rights associated with our Services. This encompasses, inter alia, software, databases, designs, textual content, images, and graphic representations (collectively referred to as the "Content"), as well as trademarks, service marks, and logos contained therein (collectively referred to as the "Marks"). All Content and Marks are protected under the auspices of United States copyright, trademark, and other pertinent intellectual property legislation, inclusive of applicable international treaties. The provision of Content and Marks through our Services is exclusively authorized for your individual, non-commercial utilization.
Licensing
Subject to your strict adherence to these Legal Terms and any linked "PROHIBITED ACTIVITIES," we confer upon you a revocable, non-exclusive, non-transferable license to:
- Utilize the Services;
- Obtain or print Content to which you have legitimately acquired access.
However, under no circumstances shall you reproduce, republish, upload, transmit, encode, or distribute any segment of our Services, Content, or Marks for any commercial ambitions without our explicit prior written consent.
Should you desire to employ the Services, Content, or Marks in a fashion not expressly sanctioned herein, you are instructed to direct your inquiries to: parmalastrawther@ladlily.com. If such permission is granted, you must duly recognize us as the proprietors or licensees of the Content or Marks, ensuring that all ownership notifications remain intact.
All privileges not expressly accorded herein are hereby reserved by us.
Infringements concerning the aforementioned Intellectual Property Rights will culminate in the immediate revocation of your access to our Services.
USER CONTRIBUTIONS
It is imperative that you familiarize yourself with this section and our "PROHIBITED ACTIVITIES" prior to the utilization of our Services. Engaging in such will furnish you with insight regarding:
(a) The rights you confer upon us; and (b) Your obligations when submitting content.
By providing comments, feedback, or any form of information regarding our Services (hereinafter referred to as "Submissions"), you hereby transfer to us all intellectual property rights therein. We reserve the right to utilize, disseminate, and appropriate these Submissions for any purpose, whether commercial or otherwise, without any obligation to acknowledge or compensate you. As a User, you may interact with our Services in a multitude of manners, including contributions to blogs, forums, or other functionalities. Any content you generate, publish, or share, regardless of format—be it textual, visual, audio, etc.—shall be recognized as a "Contribution." Any Contribution you disseminate shall be subject to these enumerated terms and conditions.
Contribution Visibility & Licensing
Contributions made by you may be observable by other users and could potentially be accessed through third-party platforms. Upon making a Contribution, you grant an extensive license for its utilization, encompassing rights to reproduce, disseminate, transmit, modify, and integrate it into auxiliary works. This license further permits the utilization of your name, corporate designation, and any commercial imagery you provide.
Your Responsibilities
Upon the submission of any content, you undertake to:
- Certify its conformity with the prescribed "PROHIBITED ACTIVITIES."
- Ascertain the absence of any unlawful or deceptive elements within the content.
- Waive any entitlement to contest its utilization.
- Validate its veracity and your lawful right to disseminate it.
- Ensure that it does not unveil any confidential information.
Should your content contravene these stipulations, you shall assume financial liability for any resultant damages. We reserve the prerogative to modify or remove your content should it be adjudged detrimental or non-compliant with these terms. Such measures may encompass the suspension of your account or referral to appropriate legal authorities.
USER REPRESENTATIONS
By engaging with the Services:
- You affirm that the information provided by you is accurate and current.
- You shall maintain the accuracy of such information.
- You possess the legal capacity to abide by these terms.
- You reside in a jurisdiction wherein the utilization of the Services is lawful.
- You shall refrain from employing automation in accessing the Services.
- You shall comply with all relevant laws and regulations.
Provision of false information may culminate in the suspension or nullification of your account.
USER REGISTRATION
To avail oneself of certain Services, registration may be requisite. It is incumbent upon you to safeguard your account credentials and maintain the confidentiality of your passwords. We reserve the right to amend or reclaim usernames deemed inappropriate.
PURCHASES AND PAYMENT
Accepted methods of payment encompass:
- Visa
- Mastercard
- Paypal and Stripe
It is paramount to provide accurate purchase and account information for all transactions. Prices and applicable sales taxes are subject to alteration; all payments shall be rendered in United States dollars. You shall be liable for the prevailing price, alongside shipping costs, and we retain the right to rectify any pricing discrepancies.
Order restrictions may be instituted contingent upon various criteria, including but not limited to user account standing and payment methodology. We reserve the right to limit or revoke orders, particularly those deemed to originate from dealers or resellers.
RETURN POLICY
Prior to finalizing a purchase, it is advisable to consult the Service’s Return Policy.
PROHIBITED ACTIVITIES
The Services shall be utilized solely for their intended purpose. Engaging in commercial exploitation or endorsements not explicitly authorized by us is strictly prohibited.
Users are explicitly forbidden to:
- Harvest data or content absent requisite authorization.
- Employ deceit or misrepresentation to solicit sensitive information such as passwords from Users.
- Circumvent or undermine security measures.
- Defame or damage the reputation of the Services.
- Harass or harm other users.
- Falsely report incidents or misconduct.
- Breach applicable laws or regulations.
- Engage in unauthorized linking or framing.
- Disseminate spam, upload malicious materials, or disrupt the Services.
- Utilize automated tools such as scripts, robots, or data mining techniques.
- Excise copyright or proprietary notices from content.
- Impersonate other individuals or make use of their usernames.
- Upload spyware or data collection tools.
- Overwhelm the Services or associated networks.
- Threaten or harass employees or agents.
- Duplicate, modify, or reverse engineer the Service’s software.
- Employ automated systems or scripts without authorization.
- Compile usernames or email addresses without consent.
- Compete against the Services or exploit them for profit.
USER GENERATED CONTRIBUTIONS
The Services provide a platform for interaction and the sharing of content, encompassing but not limited to text, images, videos, collectively referred to as "Contributions." These Contributions are accessible to other users and are regarded as non-confidential and non-proprietary. In the act of sharing, it is imperative to:
- Ensure your Contributions do not infringe upon the rights of third parties.
- Accord us and others the rights to utilize, represent, and modify your Contributions in accordance with these terms.
- Allow your Contributions to be linked to your identifiable information, as required.
- Abstain from including promotional or solicitation materials.
- Validate that your content is devoid of offensive, harmful, or inciting of violence elements.
- Comply with all pertinent laws and regulations.
- Ensure content is appropriate for various ages and protects minors.
- Refrain from providing content that may inflict harm based on race, gender, sexual orientation, or physical attributes.
- Never violate or disseminate content that contravenes these terms, legal statutes, or regulations.
Misappropriation of the Services may lead to repercussions, including but not limited to a cessation of access.
CONTRIBUTION LICENSE
Upon sharing Contributions:
- You confer upon us an expansive, unrestricted, perpetual, and transferable license to utilize, share, modify, and build upon your Contributions.
- This license is applicable across various media and technologies and includes your name, company, and other branding elements.
- While you retain ownership of your Contributions, you affirm their authenticity.
You shall bear sole responsibility for your Contributions. We reserve the right, at our discretion, to:
- Modify, obscure, or re-categorize your Contributions.
- Pre-screen or eliminate Contributions without prior notification.
- Monitor Contributions, albeit we are under no obligation to undertake such monitoring.
GUIDELINES FOR REVIEWS
You are duly authorized to proffer reviews via our Services, contingent upon your stringent compliance with the ensuing stipulations:
- Obligation to disseminate insights derived from bona fide experiences.
- Prohibition of the employment of language or content deemed offensive.
- Declination from uttering discriminatory remarks predicated upon gender, national origin, social status, sexual orientation, or physical disability.
- Avoidance of discourse pertaining to activities of a criminal nature.
- Refrainment from engaging in unwarranted augmentation or disparagement of reputations.
- Prohibition of the formulation of unfounded assertions regarding the legality of behaviors.
- Reservation from endeavors to solicit reviews, irrespective of their positive or negative nature.
- Avoidance of orchestrated campaigns intended to exert influence upon reviews.
We retain the unencumbered right to accept or purge reviews as our discretion permits. We do not assume any liability for the content encapsulated within reviews, and you, by this agreement, confer upon us the liberties to employ and modify your review material without encumbrance.
SOCIAL MEDIA INTEGRATION
Our Services avail the integration of your accounts from external service providers. The following delineations are pertinent:
- Integration is effectuated via the provision of your external account credentials or by bestowing access authorization upon us.
- We adhere to the governing terms and conditions linked with your external service accounts.
- No additional charges shall be levied for the utilization of this integration feature.
- Contingent upon your privacy configurations, select content from your external accounts may be exhibited within our Services.
- In the event that your external account becomes inaccessible, or if you sever the connection, modifications to our Services may transpire.
- It is imperative to acknowledge that your interactions with external service providers remain within your purview.
- While we may scrutinize content from your linked accounts for the sake of authenticity and legal adherence, we bear no liability regarding such content.
- We reserve the right to notify you regarding other users who have linked to the same external service account.
- You are entitled to disconnect your external service account at your discretion. Post disconnection, only your username and profile image shall be retained by us.
THIRD-PARTY WEBSITES AND CONTENT
Our Services may encompass links to external websites (“Third-Party Websites”) and a plethora of materials including articles, photographs, texts, illustrations, et cetera (“Third-Party Content”). We neither possess nor endorse these external entities, and your engagement with these is undertaken at your own peril. Any transaction or interaction with Third-Party Content remains solely your responsibility and does not fall under our domain. Should you sustain any losses from such liaisons, we bear no liability. We advocate for your examination of their respective terms and policies prior to engagement.
SERVICES MANAGEMENT
We retain the unequivocal authority to:
- Monitor the Services for any potential infractions of our terms.
- Undertake legal action where deemed necessary.
- Report any illicit activities to the pertinent authorities.
- Restrict, deny, or limit your access or contributions to the Services.
- Administer the Services to guarantee optimal functionality and protect our rights.
PRIVACY POLICY
Your privacy holds paramount significance in our operations. We implore you to peruse our Privacy Policy available at https://etextdb.com/privacy-policy/. By utilizing our Services, you provide your explicit consent to the provisions contained within our privacy terms. It is essential to note that our Services are hosted within the geographical confines of the United States. Hence, should you access our Services from a locale outside the United States, you provide your consent for the transference of your data to the United States.
TERM AND TERMINATION
Your contractual agreement with us shall remain in effect for the duration of your utilization of our Services. Notwithstanding the foregoing, we reserve the right to terminate or restrict your access at our discretion and without prior notice, for any rationale. In the event of account termination, it is imperative that you abstain from attempts to establish a new account. Should you violate any stipulated terms, we retain the right to pursue legally sanctioned actions against you.
ALTERATIONS AND SERVICE DISRUPTIONS
We reserve the unequivocal prerogative to modify, amend, or eliminate any component of our Services at our sole discretion, devoid of any obligation to provide prior notification. Additionally, we may, at our discretion, suspend, amend, or discontinue any segment of our Services at any moment without prior notification. Under such circumstances, neither you nor any third-party entity may seek redress or hold us liable for any resultant consequences.
It is imperative to specify that we cannot assure uninterrupted access to our Services at all times. Due to potential technical malfunctions, requisite maintenance undertakings, or other unforeseen contingencies, there may be occasional disruptions, delays, or interruptions. Should we elect to amend, suspend, or discontinue our Services for any reason, we are under no obligation to furnish justifications. Moreover, should you experience difficulties accessing our Services during such periods, we hereby disclaim any liability for any consequential damages or inconveniences. The provisions encapsulated within these terms do not impose any obligation on our part to sustain the Services, provide updates, or rectify any inaccuracies.
APPLICABLE JURISDICTION
The stipulations, conditions, and any potential disputes arising from our Services are governed and interpreted in accordance with the laws of the State of Texas. Irrespective of your geographical location, the legal framework of Texas shall preside over all matters associated with our Services, without consideration for any conflicting legal stipulations.
RESOLUTION OF DISPUTES
Preliminary Negotiations
For the purpose of ensuring a timely and efficient resolution of any disagreements, disputes, or claims emanating from or related to these Terms (hereinafter referred to singularly as “Dispute” and collectively as “Disputes”), both parties, whether you or us (hereinafter referred to individually as a “Party” and collectively as the “Parties”), shall strive to resolve any Dispute (with the exception of those expressly delineated below) via amicable negotiations for a duration no less than thirty (30) days prior to commencing formal proceedings. Such initial discussions shall be initiated upon receipt of a written notification from one Party to the other.
Mandatory Arbitration
In the eventuality that the Parties are unable to reach a resolution through preliminary negotiations, it is agreed that, with certain exclusions delineated below, the Dispute shall be unequivocally and conclusively resolved through the mechanism of arbitration. It is fundamental for you to recognize that by assenting to this clause, YOU ARE WAIVING YOUR RIGHT TO SEEK REMEDY THROUGH THE COURTS AND TO PARTICIPATE IN A JURY TRIAL. This arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes, which are accessible on the AAA’s official website. All financial matters concerning arbitration fees and the arbitrator’s remuneration shall be governed by the AAA Consumer Rules, and where applicable, the AAA Supplementary Procedures for Consumer-Related Disputes. The venue for the arbitration proceedings may be selected from in-person hearings, telephonic consultations, or online mechanisms, as per the arbitrator’s discretion. The arbitrator’s decision shall be final and binding, but must be documented in written form. Such a decision may only be contested under the conditions specified in the Federal Arbitration Act. Both Parties may seek an injunction or other provisional remedies from the court to avert any breaches during the ongoing arbitration proceedings.
In circumstances where legal action is pursued in lieu of arbitration, such actions shall be instituted exclusively within the state and federal courts located within the United States of America, waiving any challenges or objections to such proceedings on the basis of personal jurisdiction or convenience of venue. Additionally, the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is expressly excluded from these Terms.
For clarity, no Party shall initiate Disputes concerning the Services subsequent to a lapse exceeding three (3) years from the incident precipitating the Dispute. Should any component of this provision be deemed unlawful or unenforceable, the remaining provisions shall continue in full force and effect.
Limitations on Arbitration
The Parties concur that the scope of arbitration shall remain confined to Disputes exclusively between the Parties involved. As permitted by applicable laws, the following limitations shall apply: (a) no arbitration proceedings shall encompass multiple parties; (b) no Party shall demand class-based arbitration or partake in class action proceedings; and (c) no Party shall possess the authority or right to initiate any arbitration proceedings on behalf of the general populace or any external entities.
Exclusions from Preliminary Negotiations and Arbitration
The Parties mutually acknowledge certain exceptions from the aforementioned resolution processes, specifically: (a) Disputes related to the enforcement or protection of intellectual property rights; (b) Disputes originating from unauthorized use or excessive use of the Services; and (c) claims seeking injunctive relief. In instances where such exclusions apply and one of the stipulations is adjudicated as unlawful or unenforceable, the affected Dispute shall be adjudicated in the aforementioned competent courts, and both Parties shall accept the personal jurisdiction of said courts.
RECTIFICATIONS
Any information presented within our Services may inadvertently encompass typographical errors, inaccuracies, or omissions, which may include but are not limited to descriptions, pricing, availability, and other pertinent information. We retain the unequivocal right to modify, correct, or update the information on the Services at any moment, without any prior notification.
DISAVOWAL OF WARRANTY
The Services are rendered on an “as-is” and “as-available” basis. You hereby acknowledge and agree that your utilization of the Services is executed solely at your own discretion and risk. To the fullest extent permissible by applicable law, we disclaim all warranties, whether express or implied, pertaining to the Services and any engagement thereof. This encompasses, but is not limited to, any warranties of merchantability, suitability for a particular purpose, and non-infringement. We expressly deny any liability or responsibility for (1) any discrepancies, errors, or inaccuracies in the content or any external websites or applications linked thereto, (2) any damage, whether tangible or intangible, arising from your access to or use of our Services, (3) the unauthorized access to any personal or financial information, (4) any interruptions in the Services or any data transfers related thereto, (5) any malicious software or unauthorized third-party access, and (6) any discrepancies in any content or materials accessible via the Services. It is the responsibility of the user to exercise prudence and discretion while engaging with any third-party offerings or services.
RESTRICTION OF LIABILITY
Under no circumstances shall our board members, employees, or representatives be held accountable to any party for any damages—be they direct, indirect, incidental, special, or consequential—including but not limited to loss of profits, data, or any other intangible losses that may arise from the utilization of the Services, notwithstanding any prior notification of the potential for such damages. Any accountability on our part, irrespective of the cause or nature of the action, shall invariably be confined to the nominal sum paid for the Services, unless mandated otherwise by law.
INDEMNIFICATION
You hereby undertake to indemnify and hold our organization, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, inclusive of legal fees, proffered by any third party as a consequence of or arising out of your infringement of these Terms or your violation of any applicable law or third-party rights. We shall promptly inform you of any such claim, suit, or proceeding and shall provide assistance, at your expense, in defending any such claim, suit, or proceeding.