These Terms of Use apply to the Alan Roettinger website located at www.alanroettinger.com (the “Site”). The Site is the property of Alan Roettinger. (“Alan Roettinger”).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND OTHER POLICIES AND GUIDELINES IDENTIFIED THROUGHOUT THE SITE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Alan Roettinger reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Use at any time. Use of the Site following posted changes means that you accept and agree to the changes. As long as you comply with the Terms of Use, Alan Roettinger grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Privacy Policy Alan Roettinger.com respects the privacy of its Users. The terms and conditions of Alan Roettinger’s Privacy Policy are incorporated herein by reference. By using the Site you acknowledge and agree that Internet transmissions are never completely private or secure, and any information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Content All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“Content”), including but not limited to design, structure and “look and feel” of Content on the Site, is owned, controlled or licensed by or to Alan Roettinger, and is protected by copyright, patent and trademark laws, trade dress and various other intellectual property rights and unfair competition laws.

You may not upload, post, reproduce, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, without prior written permission of Alan Roettinger. You may use information on Alan Roettinger products and services made available for downloading from the Site, provided that the copies are made only for your personal use; you maintain any notices contained in the Content, such as copyright notices, trademark legends or other proprietary rights notices; and you do not modify such information. Use of any software content shall be governed by the software license agreement accompanying such software.

You agree not to interfere with the proper working of the Site or any transaction being conducted on the Site. You may not use the Site or Content for any unlawful purpose or to infringe upon the rights of Alan Roettinger or its users. You may not attempt to gain unauthorized access to any portion or feature of the Site. You may not test the vulnerability and you may not breach the security or authentication measures of the Site or any network connected to the Site. You may not trace or attempt to trace any information on any other user of the Site.

Third-Party Content In some instances, Content available through the Site represents opinions and judgments of the third party providing such Content. Alan Roettinger neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than Alan Roettinger. Under no circumstances shall Alan Roettinger or its affiliates, or any of their officers, directors, employees, or agents, be liable for any loss, damage or harm caused by a user’s reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Site.

Purchases; Other Terms and Conditions Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which are made a part of these Terms of Use by this reference. Alan Roettinger’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Alan Roettinger may make changes to any products or services offered on the Site, or to the prices, at any time without notice.

Materials about products and services may be out of date, and Alan Roettinger makes no commitment to update the materials on the Site with respect to such products and services.

Jurisdiction and Disputes  All disputes of any kind with Alan Roettinger or alanroettinger.com shall be governed in accordance with the laws of the State of Colorado, United States of America.

All disputes under this Agreement shall be resolved by litigation in the courts of the State of Colorado including the federal courts therein and any and all parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.Accounts, Passwords and Security You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Alan Roettinger immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Alan Roettinger or any other user of the Site due to someone else using your Alan Roettinger ID, password or account.

You may not use the ID, password or account of anyone else at any time without the express permission and consent of the holder of that ID, password or account. Alan Roettinger will not be liable for any loss or damage arising from your failure to comply with these obligations.

Disclaimers Alan Roettinger DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Alan Roettinger CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Alan Roettinger DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Alan Roettinger DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Alan Roettinger SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

YOUR SOLE REMEDY AGAINST Alan Roettinger FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Acknowledgment The Terms of Use, including all documents and policies referenced herein and including individual terms of use accepted by buyers as a condition of each sale transaction, represent the entire understanding between you and Alan Roettinger regarding your relationship with Alan Roettinger, and supersede any prior statements or representations. When using the Site or making a purchase from the Site, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Limitation of Liability Except where prohibited by law, in no event will Alan Roettinger be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Alan Roettinger has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Alan Roettinger is found to be liable to you for any damage or loss which is in any way connected with your use of the Site or any Content, Alan Roettinger’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature on the Site paid in the six months prior to the date of the initial claim made against Alan Roettinger, or (2) US$100.00.

Disclaimer Any and all information found herein is for educational purposes only. It is NOT intended to diagnose, treat, cure, prevent disease or replace the advice of a licensed healthcare practitioner. Statements made herein have not been evaluated by the Food and Drug Administration. Alan Roettinger and/or www.alanroettinger.com does not dispense medical advice, prescribe, or diagnose illness. In addition, any views or ideas expressed by Alan Roettinger is NOT intended to be a substitute for conventional medical or veterinary advice or service. You agree that no responsibility or liability will be incurred to any person or entity with respect to any loss, damage, or injury caused or alleged to be caused directly or indirectly by the information contained herein. If you have a severe medical condition, please see a licensed healthcare practitioner.

Indemnity
You agree to indemnify and hold Alan Roettinger, Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Alan Roettinger by any third party in connection with your use of the Site or our products.

Violation of Law or Terms of Use Alan Roettinger reserves the right at all times to disclose any information that Alan Roettinger deems necessary to comply with any applicable law, regulation, legal process or governmental request. Alan Roettinger also may disclose your information when Alan Roettinger determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes, or if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be intentionally or unintentionally causing injury to or interference with the rights or property of Alan Roettinger or users of the Site. You acknowledge and agree that Alan Roettinger may preserve any transmittal or communication by you with Alan Roettinger through the Site and may also disclose such data if required to do so by law or Alan Roettinger determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Alan Roettinger, its employees, users of the Site, and the public.

Termination of Usage Alan Roettinger may suspend or terminate any user’s access to all or any part of the Site including any account thereon, without notice, for any reason in Alan Roettinger’s sole discretion.

Modification Alan Roettinger reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Additional Provisions If any part of the Terms of Use is held by a court of competent jurisdiction to be void or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use, so that the Terms of Use shall remain in full force and effect. The Terms of Use constitute the entire agreement between you and Alan Roettinger

These Terms of Use were last revised on August 24, 2013.