Terms of Use

Terms of Use

This Web site (“Site”) is owned and operated by Kevin Roche. The Terms of Use for the Site constitute a legal agreement between you and Kevin Roche which governs your use of this Site. Kevin Roche reserves the right to amend this agreement at any time, without prior notice, which amendment(s) are to be fully effective upon posting on the Site.

By accessing the content and services made available on this Site (collectively “Services”), you are agreeing to be bound by all the terms and conditions of the Agreement as it appears at the time of your access. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT USE AND MUST EXIT FROM THIS SITE. IF YOU DO NOT HAVE AUTHORITY TO LEGALLY BIND YOUR COMPANY OR OTHER ORGANIZATION, OR DO NOT AGREE THAT YOUR COMPANY OR OTHER ORGANIZATION WILL BE BOUND BY THESE TERMS OF USE, YOU MAY NOT USE THIS SITE ON BEHALF OF YOUR COMPANY OR OTHER ORGANIZATION.

Registration Data
In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); and (b) maintain and promptly update the Registration Data, and any other information you provide to keep it accurate, current, and complete.

Disclaimer of Warranties
THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KEVIN ROCHE AND HIS RESPECTIVE LICENSORS, SERVICE PROVIDERS AND SOURCES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, INCLUDING ITS CONTENT, AND ANY PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KEVIN ROCHE, HIS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS AND SOURCES, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE IS TIMELY, CURRENT, ACCURATE, COMPLETE, RELEVANT OR RELIABLE; (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, AND (F) REGARDING THE RESULTS TO BE OBTAINED FROM USING THIS SITE, INCLUDING ITS CONTENT, OR PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. YOU AND YOUR COMPANY OR OTHER ORGANIZATION USE THIS SITE, INCLUDING ITS CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL KEVIN ROCHE, HIS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SOURCES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, HAVE ANY RESPONSIBILITY OF ANY KIND OR BE LIABLE TO YOU, YOUR COMPANY OR OTHER ORGANIZATION, OR TO ANY THIRD PARTY FOR ANY LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, INCLUDING (A) THE USE OF OR INABILITY TO USE THIS SITE (INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORM OR OTHER MALICIOUS COMPUTER CODE, OR LINE OR SYSTEM FAILURE), (B) ANY CONTENT PROVIDED THROUGH THIS SITE, OR (C) ANY PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES, INJURIES, CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, SAVINGS OR PROFITS); WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY OR BASED ON ANY OTHER LEGAL THEORY; EVEN IF AN AUTHORIZED REPRESENTATIVE OF KEVIN ROCHE, HIS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS OR SOURCES, HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Right to modify, shut down, or deny access to this Site
Kevin Roche reserves the right to modify the content, features, and functionality of this Site, to shut down this Site, and to limit or deny access to this Site at any time, for any reason, without prior notice, and will not be liable in any way to you, your company or other organization, or any third party for possible consequences of such actions.

Third-Party Content
Some of the information, research reports, and other materials available through this Site may be provided by third parties. These third-party materials are provided for your interest and convenience only. Kevin Roche and his affiliates do not endorse these materials or the vendors who supply them, nor do we warrant or represent that these materials are current, accurate, complete, relevant, or reliable. It is your responsibility to evaluate the currency, accuracy, completeness, relevance, and reliability of all information obtained or provided through this Site. You use these third-party materials at your own risk.

Links to Sites Operated by Third Parties
This Site may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not endorse or warrant the information, programs, products, services, or other offerings of any of these businesses or individuals nor the currency, accuracy, completeness, relevance or reliability of the content of their websites. We do not assume any responsibility or liability with respect to these third-party websites. If you decide to use a link on this Site to access any third-party website, you do so at your own risk.

Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Kevin Roche or his affiliates of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction, and Venue
This Agreement and its validity, construction, and performance will be governed in all respects by the laws of the State of Minnesota, without regard to its choice of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court located in Minneapolis, Minnesota. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.

Entire Agreement
These Terms of Use, (a) contain the entire understanding and agreement between you and your company or other organization (if any) and Kevin Roche and his affiliates with respect to your and your company’s or other organization's use of this Site, and (b) supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Kevin Roche or his affiliates with respect to this Site and your and your company’s or other organization's use of this Site.