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Rowan, Inc. Terms of Use

Current As Of: February 2021

Thank you for visiting the website of Rowan, Inc. (“Rowan,” “HeyRowan,” we,” or “us”). By accessing this website (the “Site”), you acknowledge and agree to accept the following Terms of Use (“Terms”) pertaining to the use of the Site, as well as Rowan’s associated services, including, without limitation, our newsletters, content distribution platforms, and social media accounts (collectively, “Services”). These Terms constitute a binding legal agreement between you and Rowan.

Please read these Terms carefully as they affect your rights. These Terms include a binding arbitration clause that governs any disputes between you and Rowan.

Your visit to this Site is subject to these Terms of Use and our Privacy Policy. By visiting the Site, you agree to these Terms of Use and our Privacy Policy, which may be updated by us at any time with or without notice to you. The Effective Date of the most up to date Terms of Use and Privacy Policy will be provided at the top of each document, respectively. Any such changes will be effective upon posting. If you do not agree with these Terms, you should not use the Site.

If you have any questions or comments about these Terms of Use, please contact us at support@heyrowan.com, 1227 3rd Avenue, New York, NY 10021.

  1. Uses of Our Site and Content

All content and information, and all trademarks, logos, copyrights, and other intellectual property displayed on the Site is owned by Rowan or their respective owners. By visiting this Site or using the Services, you agree to the following with respect to the content and information on the Site or accessed through the Services (the “Content”):

  • Rowan grants you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy, and print pages from the Site for your personal and noncommercial use only.
  • You may not use any trademark, service mark, or logo of Rowan or any third party that appears on the Site without prior written consent. No license, whether express, implied, or by estoppel is granted to any trademarks, service marks, or logos under these Terms.
  • You agree not to copy portions of the Site (e.g., using bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site.
  • You will not remove or obscure any copyright or other notices or legends contained in any Content.
  • You may not alter or modify the Content in your possession.
  • You may not exploit any of the Content commercially, or send or forward any Content to any third party without our prior written consent.
  • If you link other websites to this Site, you may not imply or suggest that Rowan has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
  • You may not (and may not encourage or assist others to) access or use the Site or Services in any way that violates any law, regulation, rule (including orders by governmental authorities) or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site.
  • You may not delete, decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of this Site.
  • You may not transmit any virus, worm, time bomb, or similar system interference through this Site.
  • You may not disable, override, or otherwise interfere with operation of the Site or Services, or any Rowan implemented communications to end users, consent screens, user settings, alerts, warning, or the like.
  • You may not attempt to cloak or conceal your identity when accessing the Site.
  • You may not impersonate or attempt to impersonate Rowan, a Rowan employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • You may not engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or Services, including engaging in any conduct that Rowan, in its sole discretion, deems may harm Rowan.
  • You may not place an undue burden on the infrastructure hosting the Site or Services, including via a denial-of-service attack or a distributed denial-of-service attack.
  1. Children’s Privacy

Our Services and website is designed to meet the requirements under Children’s Online Privacy Protection Act (“COPPA”). Prior to accessing any portion of our website where information is provided, a birthdate must be entered confirming the visitor’s age. In the event that the visitor to our website is under 13 years old, that individual will not be able to input data and will be informed that a parent or guardian must enter in the requested information. As discussed in our Privacy Policy, parents or guardians have the right to request deletion of their child’s data if that data was collected by Rowan.

In the event that Rowan is made aware of the fact that it has inadvertently collected data of an individual under the age of 13, Rowan will take measures to ensure that this data is properly deleted. In addition to the age-based verification that Rowan has implemented, parents or guardians can use various readily available software programs or other methods to prevent children or minors from accessing the Site and other Services.

  1. Right to Monitor

Rowan has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may revoke your right to use all or any portion of the Site at any time and for any reason Rowan, in its sole discretion, deems appropriate. Rowan may investigate any complaint regarding suspected violations of these Terms, and may report any activity relating to this Site to regulators, law enforcement officials, or other persons or entities as appropriate.

  1. Passwords; Security

Access to certain areas of the website may require registration with both a user name and a password (“User Information”), as well as provision of certain registration information, which must be accurate. You are responsible for maintaining the confidentiality of your User Information. You agree not to use another person’s User Information or select User Information: (a) with the intent to impersonate another person; (b) in violation of the intellectual property rights of another person; or (c) that Rowan, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political belief, national or social origin, property, birth, or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by Rowan. Failure to comply with the foregoing shall constitute a breach of the Agreement, which may result in immediate suspension or termination of your User Information. Rowan will not be liable for any loss or damage arising from your failure to comply with these obligations. Rowan reserves the right to delete or change User Information at any time and for any reason.

  1. International Use

The Site is operated and controlled by us in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Rowan makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Rowan makes no representations that the transactions, products, or services discussed on or accessible through the Site are available or appropriate for use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules, and regulations.

  1. Linked Sites

Rowan does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. Rowan expressly disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site. You hereby release and agree to hold Rowan harmless from any and all liability arising from your use of any third-party website or service.

  1. Transmission To and From the Site

Any communication that you send to the Site is and will be deemed to be non-confidential as between you and us, and Rowan will be free to use (or not use), modify, reproduce, and distribute it for any purpose without compensation to you. Rowan will not sell your contact or payment information to any third party and will only use your contact or payment information in accordance with Rowan’s Terms of Use and Privacy Policy.

  1. Disclaimers; Limitation of Liability; Indemnity

Rowan, its affiliates, and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates, and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, Services, and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis. Rowan and its affiliates do not warrant the accuracy, adequacy, or completeness of the information and materials contained on this Site, in the Services, or in the Content, and we expressly disclaim all liability for errors or omissions in such materials or information.

To the fullest extent allowed under applicable law, in no event shall Rowan, its affiliates, or their Related Persons be liable to any party for any claims, liabilities, losses, costs, or damages under any theory, including, but not limited to, any direct, indirect, punitive, special, incidental, or consequential damages arising out of in connection with any access, use (or inability to use), or distribution of the Site, or any Content therein. This is true even if Rowan has been advised of the possibility of such damages or losses.

To the fullest extent allowed by applicable law, you agree to indemnify and hold Rowan, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Site, Content, or (b) your violation of these Terms.

  1. Miscellaneous

To the extent permitted by applicable law, your use of the Site constitutes your consent to receive all communications from us, including notices, agreements, legally required disclosures, or other information in connection with the Site or materials or services provided (collectively referred hereafter as “Notices”) electronically. We will provide such electronic Notices by posting them on the Site and/or through email or other electronic means (if we have your contact information). The delivery of any such Notice is effective when posted, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Site.

 

You and Rowan agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Rowan and supersede all prior agreements and understandings relating to such subject matter.

  1. Do Not Rely on Site.

Opinions, advice, statements, and any comments on this Site should not be relied upon and are not to be construed as professional advice from Rowan. Rowan does not guarantee the accuracy or completeness of the Content on the Site, and are not responsible for any loss resulting from your reliance on such information.

  1. Governing Law; Binding Arbitration; Waiver

The laws of the State of New York govern these Terms of Use, without regard to conflicts of law provisions thereof. The Parties hereby agree that any and all claims arising out of or related to these Terms or your use of the Site, Content, or Services that are unable to be resolved through negotiations between the parties shall be resolved by binding arbitration and not through litigation. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS OR REPRESENTATIVE ACTION EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW.

In the event the Parties are unable to resolve any dispute through amicable negotiations, each party may submit such dispute to be resolved by binding arbitration pursuant to this paragraph. Such arbitration shall be conducted under the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”) (available from the AAA at its website www.adr.org) by one neutral arbitrator mutually acceptable to both parties or appointed in accordance with such rules, and shall be conducted in New York City, New York. The arbitration shall be conducted in English. The Parties shall keep confidential: (i) any awards awarded in the arbitration; (ii) all materials used, or created for use, in the arbitration; and (iii) all other documents produced by another party in the arbitration and not otherwise in the public domain, except, with respect to each of the foregoing, to the extent that disclosure may be legally required (including to protect or pursue a legal right) or necessary to enforce or challenge an arbitration award before a court or other judicial authority. The decision of the arbitrator shall be final and judgment may be entered thereon by any court of competent jurisdiction. Nothing in the Agreement shall prevent either party from seeking provisional measures (including equitable relief), or the enforcement of any arbitration award from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the Agreement to arbitrate or a waiver of the right to arbitrate.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

The failure of Rowan to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Rowan must be in writing and signed by an authorized representative of Rowan.