Roswell Inc Terms and Conditions of Use

1. General. Welcome to RoswellInc.org (the “Website”), a website owned by Roswell Economic Development and Tourism Inc. dba Roswell Inc (“us” or “we). This Website is maintained as a service to our customers. We agree to provide you with information and services subject to the terms of this Terms and Conditions of Use (“Terms and Conditions” or “Agreement”). We may amend or modify these Terms and Conditions at any time. If you continue to browse and use this Website, you are agreeing to comply with and be bound by these Terms and Conditions which govern Roswell Inc’s relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, you should not use this Website. Roswell Inc may also produce and use specific mobile applications, including but not limited to mobile applications for its Roswell Restaurant Week and Summer Sippin’ initiatives (“Mobile Applications”). These Mobile Applications are fully incorporated into the definition of “Website” herein, and your use of the Mobile Applications is also governed by these Terms and Conditions.

2. Ownership. All content included on this Website is and shall continue to be the property of Roswell Inc or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. When using this Website, you agree not to copy, reverse engineer, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through Website. Additionally, except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information on the Website.

3. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ROSWELL INC OR ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ROSWELL INC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY MATERIAL, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

4. Indemnification. You agree to indemnify, defend and hold harmless Roswell Inc and its officers, employees, agents, licensees and affiliates for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Website, including any breach by you of the terms contained in this Agreement.

5. Privacy. By using this Website, you acknowledge and consent to Roswell Inc’s Privacy Policy, which is available at https://roswellinc.org/privacy-policy, which is incorporated herein in its entirety. Roswell Inc reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

6. Disclaimer for Links. We may provide links and pointers to internet sites maintained by third parties. For example, in order to register for an email list, you will be directed to and are required to register on an internet-based software platform that is not owned or maintained by Roswell Inc. Links to such sites are provided as a service to our customers. Roswell Inc makes no representations or warranties about the content, completeness, quality or accuracy of such sites. Therefore, you acknowledge and agree that Roswell Inc and its officers, employees, agents, licensees and affiliates are not responsible for the availability of such links, resources and content, and are not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Roswell Inc and its officers, employees, agents, licensees and affiliates are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your using such links.

7. Termination. This Agreement is effective until terminated by Roswell Inc at any time without notice. The disclaimers and limitations of liabilities set forth in this Agreement shall survive termination.

8. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Roswell Inc may change these Terms and Conditions periodically. You should check this webpage from time to time to ensure that you continue to agree with the terms of this Agreement. Your continued use of the Website and/or the services available through this Website after such modifications will constitute your acknowledgment of the modified Terms and Conditions and your agreement to abide and be bound by the Terms and Conditions.

Certification. This Website is intended for adults. By using this Website, you certify that you are at least 13 years of age and that your answers provided on the contact forms published on the Website will be truthful. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THE WEBSITE OR ANY OF ITS SERVICES FOR ANY PURPOSE AT ANY TIME.

9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

10. Governing Law. This Agreement shall be governed by the laws of the State of Georgia without regard to its conflict of laws principles. Users agree that the courts in Fulton County, Georgia shall have personal jurisdiction over them in connection with any such disputes.

11. Entire Agreement. This Agreement constitutes your entire Agreement with Roswell Inc with respect to your use of this Website.

12. Waiver. The failure of Roswell Inc to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

13. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

14. Contacting Us. If you have any questions about these Terms and Conditions, please write to us by email to info@roswellinc.org or by regular mail to:

Roswell Inc
617 Atlanta Street, Suite 100
Roswell, GA 30075

15. Effective Date. These Terms and Conditions are subject to change from time to time. The effective date of this version of the Terms and Conditions is January 30, 2020.

**
End of Document