Your use of this Web site is expressly conditioned on your acceptance of the following terms and conditions. Use by you of this site indicates your agreement to the following terms and conditions. These terms and conditions shall apply regardless of the means by which the site was accessed, including, but not limited to, through the URL address http://www.tomjeromeroma.com, electronic mail, or links from another site. If you do not agree with any part of the following terms and conditions, then you must not use this web site:

 

1. OWNERSHIP. Thomas Jerome Roma and AMASS Publishing, including its successors, affiliates and assigns now existing or hereafter organized is the owner of all copyrights, trade secrets, patents or other intellectual property rights in this site and/or each of its computer software modules, except for the portions that may be owned by Thomas Jerome Roma’s and AMASS Publishing’s various third party providers and distributors. Data may be protected by copyright of Thomas Jerome Roma, AMASS Publishing, Matrix Software and/or others. You may not disassemble, decompile, reverse engineer or otherwise derive source code from the software, reproduce, distribute, publish, license, modify, create derivative works from, transfer, sell, rent or lease any information, software products, publications or services obtained from this site without the express written permission of Thomas Jerome Roma and AMASS Publishing and/or its third party providers and distributors as may be designed by them from time to time.

2. USE OF SITE. You warrant to Thomas Jerome Roma and AMASS Publishing that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. You understand that abuse of the facilities of the Web site may result in you being denied access to such facilities.

3. AGE AND RESPONSIBILITY. You represent and warrant that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account or log-in information by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

 


4. EXCLUSION OF WARRANTY. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION HEREIN IS CHANGED PERIODICALLY. THOMAS JEROME ROMA, AMASS PUBLISHING, AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.

THOMAS JEROME ROMA, AMASS PUBLISHING AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THOMAS JEROME ROMA, AMASS PUBLISHING AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL THOMAS JEROME ROMA, AMASS PUBLISHING AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE PRODUCTS, PUBLICATIONS AND SERVICES OBTAINED OR PROPOSED TO BE OBTAINED THROUGH THIS WEB SITE, INCLUDING, BUT NO LIMITED TO, ANY USE OF OR INABILITY TO USE ANY DATA IN THIS WEB SITE, OR THE PERFORMANCE OR NONPERFORMANCE OF ANY FUNCTION OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THOMAS JEROME ROMA AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF, HOWEVER, DESPITE THE EXCLUSIONS CONTAINED IN THIS PARAGRAPH, THOMAS JEROME ROMA, AMASS PUBLISHING AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE FUNCTIONS OR USES OF THE WEB SITE, THE LIABILITY OF THOMAS JEROME ROMA, AMASS PUBLISHING, AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS SHALL NO EXCEED THE AMOUNT OF ANY SUBSCRIPTION FEES AND/OR SERVICE CHARGES PAID BY CLAIMANT TO THOMAS JEROME ROMA AND AMASS PUBLISHING FOR THE SERVICES AND/OR DATE WITH RESPECT TO WHICH LIABILITY IS FOUND.

5. LINKS TO THIRD-PARTY SITES. This Web site may contain hyperlinks to Web sites operated by parties other than Thomas Jerome Roma and AMASS Publishing. Such hyperlinks are provided for your reference only. Thomas Jerome Roma and AMASS Publishing does not control such Web sites and is not responsible for their contents. Thomas Jerome Roma and AMASS Publishing’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

6. USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS. If this Web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

 

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, distribute, or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent, or unlawful material or information.

Upload or otherwise transfer files that contain software

or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload or otherwise transfer files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.

Falsify the origin or source of software or other material contained in a file that is uploaded.

Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.

Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Thomas Jerome Roma and AMASS Publishing, and such communications shall not be considered reviewed, screened, or approved by Thomas Jerome Roma and AMASS Publishing. Thomas Jerome Roma and AMASS Publishing reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings, and further reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

7. SOFTWARE AVAILABLE ON THIS WEB SITE. The copyright for any software that is made available to download from this Web site ("Software") is owned by Thomas Jerome Roma, AMASS Publishing and/or its third party providers and distributors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, Thomas Jerome Roma and AMASS Publishing hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with the terms and conditions set forth herein and for no other purpose.

Please note that all Software and publications, including without limitation all HTML code and Active X controls contained in this Web site, is owned by Thomas Jerome Roma, AMASS Publishing and/or its third party providers and distributors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or publications is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR PUBLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTIED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

8. INDEMNIFICATION. You shall defend and indemnify Thomas Jerome Roma, AMASS Publishing and its third party providers and distributors from and against any claim or cause of action brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Web site.

9. RELATIONSHIP. The relationship among Thomas Jerome Roma, AMASS Publishing, its third party providers and distributors and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

10. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Pennsylvania, United States of America without giving effect to applicable conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Delaware and Philadelphia Counties, the State of Pennsylvania, United States of America, in all questions and controversies arising out of your use of the site and this Agreement.

11. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

12. MODIFICATION. Thomas Jerome Roma and AMASS Publishing may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

13. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

14. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability for any other remaining provisions.

15. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

16. ENTIRE AGREEMENT. The terms and conditions set forth above constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.

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