Terms and Conditions

Last updated: December 20, 2014

Welcome to the Rome Foundation, Inc. (“Rome” or “we/our/us”) website (the “Site”). The “Site” includes by definition, and these Terms and Conditions (the “Terms”) applies to, the Site itself, and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means. Please read the Terms carefully before using or visiting the Site. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT VISIT OR USE THE SITE. By using or visiting the Site, you expressly agree, to the same extent as if you had signed the Terms, to be bound by the Terms and to follow the Terms and all applicable laws and regulations governing the Site. Rome reserves the right to change the Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate the Terms, Rome may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

1.     Electronic Communications. 
When you visit the Site, post to the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices to the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2.     Permitted Use.
You agree that you are only authorized to visit, view, and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute any of the material on the Site for any purpose other than for your personal review and use, unless otherwise specifically authorized in writing by Rome.

3.     Access and Interference.
You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Rome to do so. You may not frame or utilize framing techniques to enclose any trademark, logo, image, text, page, layout, information, graphics, or other portion or aspect of the Site without express written consent of Rome. You may not use any meta tags or any other “hidden text” utilizing Rome’s name or Marks (as defined below) without Rome’s express consent. Any unauthorized use terminates the permission or license to access the Site.Without Rome’s express consent, you agree that: (i) you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or any of the content contained thereon or for any other purpose; (ii) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (iv) you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site.

4.     Unauthorized Use of the Site. 
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or use of any robot, spider or other automated device on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal, and injunctive redress.

5.     Violation of the Terms. 
You understand and agree that in Rome’s sole discretion, and without prior notice, Rome may terminate your access to the Site or exercise any other remedy available, if Rome believes that you have in any manner violated the Terms or the law. You agree that monetary damages may not provide a sufficient remedy to Rome for violations of the Terms and you consent to injunctive or other equitable relief for such violations. Rome may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address any unlawful or harmful activity.

6.     Copyright Ownership. 
The content and the software on the Site and the compilation thereof are each the property of Rome and/or its suppliers and are each protected by U.S. and international copyright laws. You may not remove any notices or credits posted on the Site, or any additional information contained along with any such notices and credits.

7.     Trademarks. 
All Rome logos, graphics, design, page headers, button icons, scripts and service names found on the Site are trademarks and service marks and/or are trade dress of Rome or its licensors (the “Marks”), or of their respective owners. Rome and its licensors retain all right, title and interest in, to, and under the Marks, including any intellectual property rights in, to, and under the Marks. You shall not modify, alter, change, remove, copy, use, or otherwise infringe any of the Marks or any other third party trademark, service mark or any other material from the Site or the materials contained on the Site, or any copies thereof. Except as expressly stated in the limited license provision of the Terms, Rome does not grant any express or implied right to you under any of its trademarks, copyrights or other intellectual property.

8.     Disclaimers.
THE SITE AND ITS CONTENT AND ANY AND ALL RELATED PRODUCTS AND SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ROME CANNOT ENSURE THAT INFORMATION YOU ACCESS OR FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ROME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS CONTAINED HEREIN OR THE OPERATION OF THE SITE. ROME EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE. ROME DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM ROME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROME DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. ROME DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE.ROME DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, ADVERTISERS AND/OR OTHERS ON THE SITE, IN CONNECTION WITH THE SERVICES, PRODUCTS OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES OR THE PRODUCTS. ROME IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, OR ACTIONS OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.

9.     Limitation on Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE PROHIBITED, IN NO EVENT WILL ROME BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, EVEN IF ROME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Links and Search Results. 
The Site may contain references or links, or produce search results that reference or link to third party web sites. Rome has no control over these sites or the content within them. Rome does not guarantee, represent, or warrant that the content contained in any third party site is accurate, legal, or inoffensive. Rome does not endorse the content or messages of any third party site, nor does Rome warrant that such sites will not contain viruses or otherwise affect your computer. By using the Site to search to or to link to another site, you agree and understand that you may not make any claim against Rome for any damages or losses, whatsoever, resulting from your use of the Site.

11. Disputes; Governing Law; and Jurisdiction. 
The Site is controlled and operated by Rome from its offices in the United States. If there is any dispute which, in any manner, involves, arises out of, or relates to the Site or the Terms, including, without limitation, your use of the Site, then by using the Site, you agree that (i) all such disputes and the Terms shall be governed by and construed in accordance with the laws (both substantive and procedural) of the State of North Carolina, without the application of the conflict of laws principles except that the federal laws of the United States of America shall be the governing laws, to the extent required, with respect to issues involving intellectual property rights, and (ii) in connection with any litigation of any such disputes arising between or among the parties, you hereby consent to the exclusive jurisdiction and venue in the courts located in North Carolina. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

12. Indemnity. 
You agree to indemnify and hold Rome and its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party which, in any manner arises out of or relates to your use of the Site or any violation of the Terms.

13. Comments.
If you have any comments or questions about the Site please contact us at 1-919-539-3051 or crooker@theromefoundation.org.

14. Miscellaneous. 
The Terms constitutes the entire agreement and sets forth the entire understanding between you and Rome, with respect to the subject matter hereof, and supersedes all previous agreements, covenants, arrangements, discussions and negotiations, whether written or oral with respect thereto. The waiver or failure of Rome to exercise in any respect any right provided for in the Terms shall not be deemed a waiver of any further right. In the event any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions of the Terms shall not be affected thereby. The section titles in the Terms are for convenience only and have no legal or contractual effect. Rome is not liable for delays in performance caused by circumstances beyond its reasonable control.