For RiverRoaring.com and all Related Materials
1. The Website Does Not Provide Medical Advice
The contents of the Website is for informational purposes only. The content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking anything described on the Website. I do not recommend self-management of one’s health care. Reliance on any information provided on this Website is solely at your own risk.
Information obtained by using the Website is not exhaustive and does not cover all ailments or their treatment. The content provided on the Website is compiled from numerous sources. I do not practice medicine or provide medical services. Never disregard medical advice because of something you have read on the Website. If you think you may have a medical emergency, call 911 immediately.
The Website may contain information that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws that apply where you live.
3. Your Use of the Website – Permissions and Restrictions
2 I authorize you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without my express written permission. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes to author attribution, trademark legend or copyright notice.
3 You agree not to (i) alter or modify any part of the Website or (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
5 You agree not to use the Website for any commercial use without my prior written authorization. Prohibited commercial uses include, but are not limited to, any of the following actions taken without my express approval:
- posting on or transmitting through the Website any material which contains advertising or any solicitation or “spam”;
- advertising or performing any commercial solicitation including, without limitation, the solicitation of users to become subscribers of other on-line information services;
- selling of access to the Website or its related services on another web site;
- using the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
- any use of the Website or its related services that I find, in my sole discretion, to be a use of my resources to compete with or displace the market for my content or services.
6 You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to my servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, worm, time bomb, Trojan horse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, I grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. I reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website. Any conduct by you that in my opinion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
8 You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
9 You agree not to collect the personally identifiable information of any other user of the Website.
10 You agree not to impersonate any other person, forge an email address or create a false identity while using the Website or conduct yourself in a vulgar or offensive manner while using the Website. You agree that I may reject any submission for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at my sole discretion, or content protected by proprietary rights.
11 You agree that I, should I accept information from a user, may include that information on the Website for as long or as short a period of time as I choose. Furthermore, you agree that I may edit or remove such information at any time.
12 You agree that I shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that I find objectionable.
13 I reserve the right to discontinue any aspect of the Website at any time.
5. Electronic Communications
By establishing an account with the Website, you consent to receiving electronic communications from me. These communications will include notices about your account and information related to the Website and/or my services. These communications are part of your relationship with me and you receive them as part of your account membership. You agree that any communication that I send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you have any questions or feedback regarding the Website, you may contact me using the Contact River form on this page.
6. Right to Terminate
7. Disclaimer of Opinion
Any opinions, advice, offers, or other information expressed or made available by you or third parties or other users on the Website are those of the respective authors or producers. Under no circumstance shall I be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information available through the Website.
8. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, all related content, and any and all services or products promoted via the Website are provided on an “as is” basis. When using the Website, information will be transmitted over a medium that is beyond my control and jurisdiction. The use of the Website, related content and any product or service discussed or promoted via the Website is at your sole risk.
9. Limitation on Liability
IN NO EVENT SHALL I OR ANY OF MY AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, WHETHER TANGIBLE OR INTANGIBLE, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS, DOWNLOAD OR USE OF THE WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEB SITE OR ANY AFFILIATED SITES OR PRODUCTS, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT I AM NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEB SITE IS CONTROLLED AND OFFERED BY ME FROM MY OFFICES IN THE UNITED STATES OF AMERICA, AND I MAKE NO REPRESENTATION THAT THE WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO USE THE WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, I OR ANY OF MY AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEB SITE OR PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THIS WEB SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, OR (II) $500.00 UNITED STATES DOLLARS.
11. User Submissions and Contributions
I do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and I expressly disclaim any and all liability in connection with User Submissions. I do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and I will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. I reserve the right to remove User Submissions without prior notice. You acknowledge that you have no expectation of privacy with respect to User Submissions or other communications made through the Website.
I am free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to me including, without limitation, responses to questionnaires or through postings to the Website, my Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source, without compensation, acknowledgement or payment to you including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against me regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.
15. Entire Agreement
17. Digital Millennium Copyright Act
It is my policy to respect the intellectual property rights of others and I seek to comply with all applicable laws and regulations regarding the protection of intellectual property. If you are a copyright owner or an agent thereof and believe that any information infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit me to locate the material;
- Information reasonably sufficient to permit me to contact you, such as an address, telephone number, and an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its/his/her agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
My designated Copyright Agent to receive notifications of claimed infringement is River Roaring, who you may contact using the Contact River form on this page. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
I will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, I will act expeditiously to remove or disable access to any information claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to information claimed to be infringing.
If you are the owner or an agent thereof, of material that was removed from the Website or disabled after I received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending me a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, I may send a copy of the counter-notice to the original complaining party informing that person that I may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides me with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at my sole discretion.
18. Intellectual Property Notice
All content on the Website and related materials is owned by me and is protected by U.S. and international copyright, trademark and other intellectual property laws. All rights are reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
19. Ability to Accept Terms
Updated November 25, 2020