Terms Of Service

AGREEMENT BETWEEN

ROSS AUTOMATED SOLUTIONS, LLC AND THE USER (YOU)

Rossautomatedsolutions.com (“Website”) contains various web pages owned and operated by Ross Automated Solutions, LLC, a New Jersey Limited Liability Company (“Company”). Company may grant you access to use Company’s service tools including, but not limited to, an excel file and email outlook tool to email leads, create invoices, trade stocks, and more (“Services”). Use of this Website and Services are offered to you conditioned on your full acceptance of the terms and conditions of this agreement contained herein (“Terms”). Your use of this Website and Services constitutes your agreement to all associated Terms. By using Website and Services, you represent that you are lawfully able to enter contracts. Please read the following Terms carefully and keep a copy for your records.

1. PAYMENT. Company offers a variety of packages for its Services (“Service Plans”). Payment amount for your selected Service Plan is advertised on the Website and will be indicated upon checkout prior to making payment. Payment shall be made in full prior to use of a selected Service Plan.
2. TERM/TERMINATION OF SERVICES. Services shall commence upon purchase of a Service Plan and continue in perpetuity; however, you have a limited number of downloads of the Service tools for your associated Service Plan. Company may terminate the Services if: i) there is a failure in processing your payment for your Service Plan for whatever reason; ii) you breach any of your confidentiality and/or use obligations per Section IV; or iii) if you otherwise materially breach the Terms.
   The rest of your obligations per these Terms shall survive the termination of the Services.
3. SUSPENSION OF SERVICES. Company may temporarily suspend your access to the Services if: Company reasonably determines that your use of the Intellectual Property (defined in Section IV) disrupts or poses a security risk to the Intellectual Property or to any other customer or vendor of Company; (ii) any vendor of Company has suspended or terminated Company’s access to or use of any third-party services or products required to enable you to access the Services; or (iii) there is a failure in processing your payment for your Service Plan for whatever reason. Company shall use commercially reasonable efforts to provide you with at least 24 hours prior written notice of any Service suspension. Company will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a suspension of Services.
4. INTELLECTUAL PROPERTY/CONFIDENTIALITY. All content included on the Website and other content provided via Services, including but not limited to, text, graphics, logos, images, and any compilation of such, and any and all software, is the intellectual property of Company (“Intellectual Property”). You agree to abide by all copyright and proprietary notices or other restrictions contained in such Intellectual Property and will not make any changes. All Intellectual Property that is not public knowledge is Confidential. You shall not disclose any Confidential Intellectual Property to any third party unless explicitly required by law.
   You are hereby granted a non-exclusive, non-transferrable, and revocable limited license to access and use the Intellectual Property strictly in accordance with these Terms. As a condition of your use of the Intellectual Property, you warrant and represent that you will not use the Intellectual Property for any purpose that is illegal or prohibited by these Terms. You may not use the Intellectual Property in any manner which could damage, disable, or impair the Intellectual Property or interfere with any other party’s use and enjoyment of the Intellectual Property.
   You shall not modify, publish, transmit, reverse engineer, transfer or sell, create derivative works, or in any way exploit any of the Intellectual Property. You will use Intellectual Property solely for its intended use and will make no other use of the Intellectual Property without the express, written permission of Company. You agree that you do not acquire any ownership rights in the Intellectual Property. Other than the aforementioned license mentioned in this Section IV, Company does not grant you any other license, express or implied, to the Intellectual Property of Company or Company’s licensors. Upon termination of the Services for whatever reason, you shall immediately return, delete, or destroy all copies of Company Intellectual Property and certify such in writing if requested by Company.
5. DATA USE AND PRIVACY POLICY. Your use of Website and Services is subject to Company’s Privacy Policy. Please review Company’s Privacy Policy, which informs users of data collection practices.
6. ELECTRONIC COMMUNICATIONS. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that Company provides electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
7. THIRTY-PARTY PRODUCTS, SERVICES, AND LINKS TO THIRD PARTY SITES. Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company.
8. INTERNATIONAL USERS. Website and Services is controlled and operated by Company from our offices within the United States of America. If you are located outside of the United States, you are responsible for complying with all local laws. You agree that you will not use Services or Website accessed in a manner such that is prohibited by any applicable laws or regulations in another country.
9. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Company, Company’s officers, shareholders, employees, directors, and agents for any losses, costs, liabilities and expenses (including court costs and reasonable attorney’s fees) relating to or arising out of your use of the Website or Services or your violation of any of these Terms. Company 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 Company in asserting any available defenses.
10. LIABILITY DISCLAIMER. THE WEBSITE, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE MAY INCLUDE INACCURACIES OR ERRORS. COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE WEBSITE, SOFTWARE, PRODUCTS, AND SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, SOFTWARE, PRODUCTS, AND SERVICES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND RESULTS.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST BUSINESS, OR LOST OPPORTUNITIES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICES, SOFTWARE, PRODUCTS OR OTHERWISE PROVIDED IN THESE TERMS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY) EVEN IF COMPANY HAS BEEN MADE AWARE OF THE POSSIBLILITY OF SUCH DAMAGES.
12. GOVERNING LAW; SUBMISSION TO JURISDICTION. These Terms are governed by and construed in accordance with laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New Jersey. Any legal suit, action, or proceeding arising out of or related to these Terms, or the licenses granted hereunder, may be instituted in the state courts of New Jersey, or the Federal District Courts of New Jersey, and you and Company irrevocably submit to the jurisdiction of such courts in any such suit, action, or proceeding.
13. SEVERABILITY. If any provisions of these Terms or any application of such provision to any party or circumstances, shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of the Terms or the application of such provision to such person or circumstances, other than the application as to which such provision is determined to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and shall be enforced to the fullest extent permitted by law.
14. ENTIRE AGREEMENT/CHANGE TO TERMS AND SERVICES. These Terms and any purchase Service Plan constitute the entire agreement between you and Company with respect to use of the Website and Services. In the event of a conflict between a purchased Service Plan and these Terms, these Terms shall govern and control. Company reserves the explicit right, in its sole discretion, to change the Terms. Company may also discontinue or change certain Services. Company will use reasonable efforts to communicate such changes and update associated Terms. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of any updates.

CONTACT US

Company welcomes your questions or comments:
Ross Automated Solutions, LLC
Email: rossautomatedsolutions@gmail.com
Effective as of: June 7, 2023