Agreement between User and https://tomrowleybooks.com/

Welcome to https://tomrowleybooks.com/. The https://tomrowleybooks.com/ website (the “Site”)

is comprised of various web pages operated by Rojas International Sales Corp (“RISC”).

https://tomrowleybooks.com/ is offered to you conditioned on your acceptance without

modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of

https://tomrowleybooks.com/ constitutes your agreement to all such Terms. Please read these

terms carefully, and keep a copy of them for your reference.

https://tomrowleybooks.com/ is an E-Commerce Site.

Our website is designed to provide a trusted source for several products and educational services.

Those include access to the various books and online courses by Thomas Rowley, Ph.D., author,

speaker, and consultant; a platform to create a community of advocates for the improvement of

decision making and learning to ask the right questions as a means to improve students’, parents’,

teachers’, coaches’ and mentors’ ability to identify facts from reliable sources and to develop

productive, self-sufficient, discerning adults in whatever career path they may chose.

Privacy

Your use of https://tomrowleybooks.com/ is subject to RISC’s Privacy Policy. Please review our

Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://tomrowleybooks.com/ or sending emails to RISC constitutes electronic

communications. You consent to receive electronic communications and you agree that all

agreements, notices, disclosures and other communications that we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and

password and for restricting access to your computer, and you agree to accept responsibility for

all activities that occur under your account or password. You may not assign or otherwise transfer

your account to any other person or entity. You acknowledge that RISC is not responsible for

third party access to your account that results from theft or misappropriation of your account.

RISC and its associates reserve the right to refuse or cancel service, terminate accounts, or

remove or edit content in our sole discretion.

Children Under Thirteen

RISC does not knowingly collect, either online or offline, personal information from persons under

the age of thirteen. If you are under 18, you may use https://tomrowleybooks.com/ only with

permission of a parent or guardian.

Cancellation/Refund Policy

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You may cancel your subscription at any time, and any prepayment for future service will be

refunded without question. Request for refunds for books and courses should be in writing to

[email protected] for purchases made directly from Tom Rowley Books.com with

the date and amount of original purchase. Refunds or credits will be provided without questions.

For purchases made from a subcontractor the request must include sufficient details to be directed

to the fulfillment provider if not purchased from Tom Rowley Books.com.

Links to Third Party Sites/Third Party Services

https://tomrowleybooks.com/ may contain links to other websites (“Linked Sites”). The Linked

Sites are not under the control of RISC and RISC is not responsible for the contents of any

Linked Site, including without limitation any link contained in a Linked Site, or any changes or

updates to a Linked Site. RISC is providing these links to you only as a convenience, and the

inclusion of any link does not imply endorsement by RISC of the site or any association with its

operators.

Certain services made available via https://tomrowleybooks.com/ are delivered by third party sites

and organizations. By using any product, service or functionality originating from the

https://tomrowleybooks.com/ domain, you hereby acknowledge and consent that RISC may share

such information and data with any third party with whom RISC has a contractual relationship to

provide the requested product, service or functionality on behalf of https://tomrowleybooks.com/

users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

https://tomrowleybooks.com/ strictly in accordance with these terms of use. As a condition of your

use of the Site, you warrant to RISC that you will not use the Site for any purpose that is unlawful

or prohibited by these Terms. You may not use the Site in any manner which could damage,

disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the

Site. You may not obtain or attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of RISC or its suppliers

and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other

restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

RISC content is not for resale. Your use of the Site does not entitle you to make any unauthorized

use of any protected content, and in particular you will not delete or alter any proprietary rights or

attribution notices in any content. You will use protected content solely for your personal use, and

will make no other use of the content without the express written permission of RISC and the

copyright owner. You agree that you do not acquire any ownership rights in any protected content.

We do not grant you any licenses, express or implied, to the intellectual property of RISC or our

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licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your RISC account to third party accounts. By connecting your RISC

account to your third party account, you acknowledge and agree that you are consenting to the

continuous release of information about you to others (in accordance with your privacy settings on

those third party sites). If you do not want information about you to be shared in this manner, do

not use this feature.

International Users

The Service is controlled, operated and administered by RISC from our offices within the USA. If

you access the Service from a location outside the USA, you are responsible for compliance with

all local laws. You agree that you will not use the RISC Content accessed through

https://tomrowleybooks.com/ in any country or in any manner prohibited by any applicable laws,

restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless RISC, its officers, directors, employees, agents

and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s

fees) relating to or arising out of your use of or inability to use the Site or services, any user

postings made by you, your violation of any terms of this Agreement or your violation of any rights

of a third party, or your violation of any applicable laws, rules or regulations. RISC reserves the

right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject

to indemnification by you, in which event you will fully cooperate with RISC in asserting any

available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Class Action Waiver

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Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and RISC agree otherwise, the arbitrator may not consolidate

more than one person’s claims, and may not otherwise preside over any form of a representative

or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. ROJAS INTERNATIONAL SALES CORP AND/OR ITS

SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY

TIME.

ROJAS INTERNATIONAL SALES CORP AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY

PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL

SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF

ANY KIND. ROJAS INTERNATIONAL SALES CORP AND/OR ITS SUPPLIERS

HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL ROJAS INTERNATIONAL SALES CORP AND/OR ITS SUPPLIERS BE LIABLE

FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,

CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,

WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,

ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR

PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE

OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE

SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING

OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ROJAS

INTERNATIONAL SALES CORP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED

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OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO

NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY

NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE

SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE

REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

RISC reserves the right, in its sole discretion, to terminate your access to the Site and the related

services or any portion thereof at any time, without notice. To the maximum extent permitted by

law, this agreement is governed by the laws of the State of Florida and you hereby consent to the

exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the

use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all

provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and RISC as a result of this agreement or use of the Site. RISC’s performance of this

agreement is subject to existing laws and legal process, and nothing contained in this agreement is

in derogation of RISC’s right to comply with governmental, court and law enforcement requests or

requirements relating to your use of the Site or information provided to or gathered by RISC with

respect to such use. If any part of this agreement is determined to be invalid or unenforceable

pursuant to applicable law including, but not limited to, the warranty disclaimers and liability

limitations set forth above, then the invalid or unenforceable provision will be deemed superseded

by a valid, enforceable provision that most closely matches the intent of the original provision and

the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and RISC with respect to the Site and it supersedes all prior or contemporaneous communications

and proposals, whether electronic, oral or written, between the user and RISC with respect to the

Site. A printed version of this agreement and of any notice given in electronic form shall be

admissible in judicial or administrative proceedings based upon or relating to this agreement to the

same extent and subject to the same conditions as other business documents and records originally

generated and maintained in printed form. It is the express wish to the parties that this agreement

and all related documents be written in English.

Changes to Terms

RISC reserves the right, in its sole discretion, to change the Terms under which

https://tomrowleybooks.com/ is offered. The most current version of the Terms will supersede all

previous versions. RISC encourages you to periodically review the Terms to stay informed of our

updates.

Contact Us

RISC welcomes your questions or comments regarding the Terms:

Rojas International Sales Corp

This is a RocketLawyer.com document.

2909 W New Haven Ave, Ste A367

W Melbourne, Florida 32904

Email Address:

[email protected]

Telephone number:

888-394-5811

Effective as of January 01, 2023