Terms Of Service

Agreement between User and www.RodgerWhite.com.

Welcome to www.rodgerwhite.com. The www.rodgerwhite.com website (the “Site”) is comprised of various web pages operated by Rodger White. Rodger White, www.rodgerwhite.com, and the Site, are operated by the Rodger White Company (the “Company”). The www.rodgerwhite.com website is an online service to share written articles and stories some at no cost and some for purchase at the website store (the “Service”). The website, www.rodgerwhite.com is offered to you conditioned on your acceptance without modification of the terms, conditions, use policy, service agreement, and notices contained here (the “Terms”). Your use of www.rodgerwhite.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of www.rodgerwhite.com is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.rodgerwhite.com or sending emails to Rodger White constitutes electronic communications. You consent to receive electronic communications and you agree all agreements, notices, disclosures and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirements and such communications may 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 occurring under your account or password. You may not otherwise transfer your account to any other person or entity. You acknowledge Rodger White is not responsible for third party access to your account resulting from theft or misappropriation of your account. Rodger White and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit the Site content in our sole discretion.

Children Under Thirteen

The Site does not collect personal information from persons under the age of thirteen. If you are under 18, you may use www.rodgerwhite.com with permission of a parent or legal guardian.

Cancellations Refund Policy

This Site’s online store has articles, stories, composures available for sale. This Site’s store offers a guarantee of 100% customer satisfaction. If you are not fully satisfied with a purchase or sale made at www.rodgerwhite.com for any reason we will accept a refund of returns made within 14 days of the date of purchase. You may request a return for full refund by contacting the Site’s customer service. While www.rodgerwhite.com may have a duplicate copy of your receipt available, for verification purposes when requesting a refund you must provide your receipt for the purchase or sale you want refunded. You acknowledge by purchasing from the website store the Site is not required to keep a copy of your receipt in our records for the purpose of refunds.

Links to Third Party Sites / Third Party Services

Www.rodgerwhite.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and www.rodgerwhite.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or modifications to a Linked Site. The Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with it’s operators.

Certain services made available via www.rodgerwhite.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.rodgerwhite.com domain, you hereby acknowledge and consent the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Company users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.rodgerwhite.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to the Company, you will not use the site for any purpose, unlawful or prohibited by by these Terms. You may not use the Site in any manner which could damage, disable, disrupt Services 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 compilations, and any software used on the Site, is the property of the Company, or its suppliers and protected by copyright and other laws protecting 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. The Rodger White Company 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 the Rodger White Company and the copyright owner. You agree 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 the Company, or our licensors except as expressly authorized by these Terms.

The available content featured at www.rodgerwhite.com is provided by the Company. The Company at their own discretion may make content featured at www.rodgerwhite.com available and or may add, remove, modify, edit, and or change, at any time and for any reason featured content available at the Site.

You may use the Services (i) in order download available featured content from this Site, (ii)  make individual personal copies available for your use giving credit to the source at this Site, (iii) make a source of the author, date on the publication, where the publication was originally located, and title of the publication from available downloads at this Site, (iv) make additional copies of your personal copy available for literary, scholarly, or educational use, provided by a focused discussion group.

Your use of the Services in regards to materials and available featured content at this Site is governed by this Terms Of Service agreement with the additional provisions here covering all available  Services at the Site, not to (a) sell, or redistribute for profit, (b) infringe upon the Services provided by this Site, (c) limit access to this Site, including with your use of any and all available content of this Site, (d) violate, alter, or remove copyright information from this Site, (e) plagiarize the Company or this Site, (f) attempt to circulate pirated copies for distribution of the materials available for download at this Site.

Advertisements may appear at the Site. You warrant with your use of this Site there may be featured advertisements appearing at the Site, from time to time. The Site’s advertisements may appear to offer a product or service in partnership with this Site while further improving the services being offered by the Site. You warrant your use of the Site does not damage, alter, modify, restrict or infringe upon the access, rights, or obligations of this Site or it’s third parties to make sponsorships of advertisements available in view on the Site.

International Users

The Service is controlled, operated, and administered by the Company from our offices in the USA. If you access the Site or the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree you will not use the Site’s content accessed through www.rodgerwhite.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 Rodger White, the Company, it’s officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising from your use of or inability to use the Site or Services, any users 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. The Company reserves the right, at is own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in the event you will fully cooperate with the Company 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 Of Service, 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 judgement may be entered upon in any court having jurisdiction. In the event any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms Of Service, 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 Of Service or any disputes arising as a result of these Terms Of Service whether directly or indirectly, including tort claims as a result of these Terms Of Service. The parties agree the Federal Arbitration Act governs the interpretation and enforcement policy of this provision. The entire dispute, including the scope and enforceability of this arbitration shall be determined by arbitrator. This arbitration provision shall survive the termination of these Terms Of Service.

Class Action Waiver

Any arbitration under these Terms Of Service will take place on an individual basis, class arbitrations and class representations or collective actions are not permitted. THE PARTIES AGREE 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. Furthermore, unless both you and the Company 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 INNACURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREWITH. RODGER WHITE AND OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITE AT ANY TIME.

RODGER WHITE AND OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMLINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY SPECIFIC PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRENTY OR CONDITION OF ANY KIND. RODGER WHITE AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRENTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRENTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RODGER WHITE 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 FALURE 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 OTHERWSIE, EVEN IF RODGER WHITE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATE JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDIENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISATTISFIED 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

Rodger White 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, for any reason. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction not giving effect to all provisions of these terms, including, without limitation, this section.

You agree no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’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 the Company with respect to such use. In any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, though not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be superseded by a valid enforceable provision most closely matching the intent of the original provision and the remainder of this agreement shall continue in effect, including without limitation, this provision.

Unless otherwise specified, this agreement constitutes the entire agreement between the user and www.rodgerwhite.com, the Company, with respect to the Site and it supersedes all prior communications and proposals, whether electronic, oral, or written, between the user and the Company with respect to the Site. A printed version of this agreement and any notice given in electronic form by the Company are  admissible in judicial or administrative proceedings based upon or relation to this agreement to the same extent and subject to the same conditions as other business records originally generated and maintained in printed form.

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which www.rodgerwhite.com is offered. The most current version of the Terms will supersede all previous versions. You are encouraged to periodically review the information in this Site’s Terms Of Service.

Contact Us

Rodger White welcomes questions or comments regarding the Terms Of Service. You may contact the Company about these Terms Of Service at customerservice@rodgerwhite.com.

Effective as of July 9, 2024.

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