Terms and Conditions

Your access to and use of this website, as well as all related websites (collectively the "Site") operated by Forever Roster, LLC ("Forever Roster") and the professional services offered through the Site (the "Forever Roster Professional Services" or "Professional Services"), are subject to the terms and conditions set forth in these Terms of Use, our Privacy Policy, which is incorporated herein by reference, and any other rules, terms, conditions, or policies, including our Cancellation Policy set forth on this Site or otherwise provided to you by Forever Roster (collectively, the "Terms of Use" or "Agreement"). The terms comprise the entire agreement between you and Forever Roster and, supersede all other agreements between you and Forever Roster. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and the Site are superseded and are of no force or effect.

Please note that we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the services and the Site thereafter. Your continued use of the Site or following the posting of changes means that you accept and agree to the changes. It is your responsibility to check these Terms of Use periodically for changes, as these changes are binding on you. If you do not agree to these Terms of Use, please do not use this website or any of the Forever Roster services.

PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE OR ORDERING ANY PROFESSIONAL SERVICES. BY USING THIS WEBSITE OR ORDERING ANY PROFESSIONAL SERVICES, YOU ACCEPT AND AGREE TO ALL OF THE TERMS OF USE SET FORTH IN THIS AGREEMENT AND INCORPORATED INTO THIS AGREEMENT BY REFERENCE, INCLUDING OUR PRIVACY POLICY AND CANCELLATION POLICY. THE PROFESSIONAL SERVICES AND THE SITE ARE OFFERED AND AVAILABLE TO USERS WHO ARE OF THE LEGAL AGE TO FORM A BINDING CONTRACT WITH FOREVER ROSTER. BY USING THE PROFESSIONAL SERVICES OR THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FOREVER ROSTER.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE TERMS OF THIS AGREEMENT, IN WHICH CASE THE LANGUAGE "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE PROFESSIONAL SERVICES OR THE SITE.

You agree to the following:

  1. Site Content. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site or in the course of providing Professional Services by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the "Content") are the sole and exclusive property of Forever Roster and/or its third party providers, subject only to the limited license rights granted to you under this Agreement. You agree that such Forever Roster Content shall include all proprietary videos, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site or as part of the Professional Services, excluding only the materials you or your agents or suppliers provide to Forever Roster (collectively, "Your Materials") and certain deliverables for which you may be transferred limited or full ownership rights in a separate written addendum to this Agreement entered into in accordance with Section 14 below.
  2. Your Materials. As between Forever Roster and you, Your Materials are the sole and exclusive property of you, subject only to the limited license rights granted to Forever Roster under this Agreement. You warrant that Your Materials are being lawfully shared and that Forever Roster's use of Your Materials as authorized hereunder shall not infringe or violate the intellectual property, confidentiality, privacy, or other legal right of others, and/or that you have the proper rights and permissions to use and share Your Content.
  3. Professional Services. Forever Roster offers yearly subscriptions to professionals to provide profiles to ensure that prior clients and potential new clients are able to locate them. You acknowledge that for all Professional Services, results are not guaranteed
  4. Limited Licenses. Subject to your compliance with these Terms of Use, Forever Roster hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Content which is offered for free or for which you have purchased use rights solely for your personal purposes (if an individual) and internal business purposes (if an entity). You acknowledge that no Content may be copied, sold, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Forever Roster. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Forever Roster, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, documents, videos, graphics and/or sound files, for public or commercial purposes without the express written permission of Forever Roster. No such materials may be used except as provided in these Terms of Use. You hereby grant to Forever Roster a limited license, which is non-exclusive, transferable, and sublicensable to access, view and use Your Materials to provide Professional Services to you.
  5. Reservation of Rights and Other Use Restrictions. All trade names, trademarks, images and biographical information of people used in the Content, including without limitation the Forever Roster name and trademarks, are either the property of, or used with permission by, Forever Roster. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Forever Roster and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of Forever Roster or third-party owner. Forever Roster respects the copyright, trademark and all other intellectual property rights of others. Forever Roster has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  6. As Is Content, Site and Professional Services. While Forever Roster uses reasonable efforts to include accurate and up-to-date information on the Site and in the Content, Forever Roster makes no warranties or representations as to its accuracy. Forever Roster assumes no liability or responsibility for any errors or omissions in the Content, Professional Services or the Site.
  7. Registration. When you register with Forever Roster and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Forever Roster. You consent to receive notices electronically by way of transmitting the notice to you by email. Each account on the Site is only valid for, and can only be used by, one person and only the person who owns the account. Accounts cannot be shared. Violation of this will result in Forever Roster disabling the account on the Site.
  8. Purchases. Purchases by you from Forever Roster and/or this Site can only be used by you and are not transferable to another person or entity. By purchasing from Forever Roster, you are agreeing to comply with the requirements and terms for that purchase, including the applicable scheduling and payment terms for your purchase which will be provided at the time of purchase (the "Purchase Terms"). If Purchase Terms are not provided at the time of purchase, payments are due in advance and nonrefundable.
  9. Pricing. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for Professional Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  10. Payment. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you by credit card, PayPal or PayPal Setup.
  11. Suggestions and Reviews. If you send or make comments or suggestions about the Content, Site or Professional Services to Forever Roster, including, but not limited to, documents, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Forever Roster. No submission shall be subject to any obligation of confidence on the part of Forever Roster. Forever Roster shall exclusively own all rights to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. Notwithstanding the foregoing, only with your prior written consent may Forever Roster use your submissions, together with your name, in testimonials or recommendations posted to the Site or other Forever Roster marketing materials.
  12. Security. Use of the Site and our Professional Services is completely at your own risk.
  13. Disclaimers. IN NO EVENT SHALL FOREVER ROSTER BE LIABLE IN THE AGGREGATE, FOR ANY AND ALL CLAIMS, REGARDLESS OF THEORY OF LIABILITY (WHEHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), ARISING OUT OF THIS AGREEMENT AND/OR ANY NONDISCLOSURE AGREEMENT ENTERED INTO IN CONNECTION WITH THIS AGREEMENT FOR: (A) ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU TO FOREVER ROSTER DURING THE SIX-MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO AN ALLEGED LIABILITY; OR (B) ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS. THIS LIMITATION WILL APPLY EVEN IF FOREVER ROSTER HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE, ALL CONTENT ON THE SITE AS WELL AS ALL PROFESSIONAL SERVICES, WORKSHOPS, AND ONLINE CLASSES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
  14. Indemnification. You agree to defend, indemnify and hold harmless Forever Roster and its officers, directors, employees, agents, successors, and permitted assigns from and against any and all losses, liabilities, claims, damages and expenses, including attorney’s fees, arising out of or relating to (i) your breach of this Agreement including any confidentiality terms which are incorporated herein by reference, or (ii) bodily injury, death or any person, or damage to property resulting from your negligent or willful acts or omissions.
  15. Amendments. Except as set forth in the beginning of this Agreement as to Forever Roster’s rights to amend, no amendment, change or modification of this Agreement shall be valid or binding upon the parties unless the change or modification is in writing and signed by both parties and specifically stating an intent to amend or augment these terms of use.
  16. Independent Contractors. The parties are independent contractors, and nothing in this Agreement shall be construed to constitute either party to be an agent, partner, legal representative, attorney or employee of the other for any purpose whatsoever. Neither party shall have the power or authority to bind the other except as specifically set out in this Agreement.
  17. General Provisions. This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law and exclusive venue for any dispute shall be in the state and federal courts located in Maricopa County, Arizona. If any provision or portion of this Agreement is held invalid, illegal, void or unenforceable as it appears in this Agreement by reason of any rule of law, administrative or judicial provision or public policy, then such provision shall be construed as being enforceable to the extent such rule of law, administrative or judicial provision or public policy allows. All other provisions of this Agreement shall nevertheless remain in full force and effect. Neither of the parties shall be deemed to have waived any of its rights, powers or remedies hereunder unless the waiving party expresses such a waiver in writing.
  18. Termination; Suspension. These Terms of Use, the license, the Professional Services or the Site may be terminated or modified for any reason at any time; provided, however, that if you purchased and paid for Professional Services prior to any such termination or modification, Forever Roster shall either honor your prior purchase under the terms existing at the time of purchase or issue a full refund for the amounts paid for the terminated or modified license, Professional Services or Site access. Except for the limited remedies set forth in the prior sentence, Forever Roster shall not be liable to you or any third party in any manner for termination or modification of the Professional Services or the Site for any reason at any time to the maximum extent permissible by law. If you fail to pay or are in breach of this Agreement, Forever Roster has the right to suspend or terminate any licenses, Professional Services or access to the Site, and is under no obligation to provide you a refund for such suspension or termination. Upon termination, your right to use the Professional Services, Content and the Site ceases immediately.

Last Updated: August 28, 2020

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