ROOSTERTXT TERMS-OF-USE AGREEMENT
Welcome to RoosterTxt.com (the “Website”). Please read the following terms, which constitute a license that covers your use of the Website and Application. By using the Website or Application, you acknowledge that you have read, understood, and agree with these terms. If you do not wish to be bound by these terms, please do not use the Website or Application.
ACCEPTANCE OF TERMS
Description of Company.
RoosterTxt, LLC ("RoosterTxt") provides a means for registered municipalities and drug testing facilities ("Scheduler") to schedule drug testing and notify registered individuals ("Participants") of their schedules on a daily basis. The following terms of service ("Agreement") applies to Participant’s (collectively referred to as “you” or “your”) use of the Services as defined below.
Overview of Terms.
This Agreement governs all use by you of (a) the Website or Application, (b) any and all services available on or through the Website or Application or otherwise provided by RoosterTxt, and (c) all software available on or through the Website or Application (the “Software”) (collectively, the "Services"). The Services are owned and operated by RoosterTxt. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website or Application by RoosterTxt.
BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY ROOSTERTXT. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
Modification of Terms.
RoosterTxt reserves the right to modify this Agreement at any time. Although RoosterTxt may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version. Your continued use of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
USE OF WEBSITE AND APPLICATION
This Website and Application are provided solely for the use of current and future Participants to provide you with information about our company, to permit you to download the Application and use our Services, and to enable you to contact us with any questions or comments that you may have. Any other use of this Website or Application is prohibited.
You agree not to use the Services to:
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this Agreement or expressly authorized by RoosterTxt;
intentionally or unintentionally violate any applicable law or regulation (foreign or domestic).
SITE CONTENTS AND OWNERSHIP
The information contained on the Website and Application, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are the property of RoosterTxt LLC and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this Website or Application solely for the purposes of using this Website or Application for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, RoosterTxt LLC does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
If you have a paid subscription, your payment to RoosterTxt will automatically renew at the end of the subscription period, unless you cancel your paid subscription before the end of the current subscription period. RoosterTxt will notify you of renewal through your registered email address at least five days prior to the end of your subscription period. The cancellation will take effect the day after the last day of the current subscription period. There are no pro-rated refunds when you cancel your subscription.
RoosterTxt may change the price for the paid subscriptions from time to time, and will communicate any price changes to you. Price changes for paid subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Services after the price change takes effect, you accept the new price.
RoosterTxt will not refund any subscription fees already paid by you, unless the Scheduler that schedules your drug testing terminates their use of our Service. In that case, RoosterTxt will cancel your subscription and refund your paid subscription on a pro-rated basis if and only if there are no other Schedulers within 50 miles of any of your registered addresses.
YOUR REGISTRATION OBLIGATIONS
In order to access some of the Services, you must register. To be a registered user of the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.
ACCOUNT, PASSWORD AND SECURITY
As part of the registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. RoosterTxt cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that RoosterTxt shall be the sole arbiter of such dispute in its sole discretion and that RoosterTxt's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
DISCLAIMER OF WARRANTY
You expressly agree that use of the Website and Application is at your sole risk.
SPECIFICALLY, ROOSTERTXT IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION ENTERED BY THE SCHEDULERS, NOR FOR THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES.
Neither RoosterTxt LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that the Services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website or Application, or as to the accuracy, completeness, reliability, security, or currency of the Materials or Services.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, RoosterTxt LLC does not warrant reliability of any statement or other information displayed or distributed through the Website or Application. RoosterTxt LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or Application. RoosterTxt LLC may make any other changes to this Website or Application, the Materials and the products, programs, services, or prices (if any) described in this Website or Application at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. ROOSTERTXT LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE OR APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ROOSTERTXT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR APPLICATION OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR APPLICATION OR YOUR USE OF THIS WEBSITE OR APPLICATION GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT ROOSTERTXT LLC AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL ROOSTERTXT LLC OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER ROOSTERTXT LLC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless RoosterTxt LLC, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website or Application, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this Website or Application must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, RoosterTxt LLC may immediately discontinue, suspend, terminate, or block your and any user’s access to the Website or Application at any time for failure to comply with this Agreement.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. RoosterTxt LLC makes no representation that the materials are appropriate or available for use outside the United States. If you access this Website or Application from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website or Application. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within[county], Michigan for any disputes with RoosterTxt LLC arising out of your use of this Website or Application.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Website or Application. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. RoosterTxt LLC does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website and Application, including but not limited to any consent you give to receive communications from RoosterTxt LLC solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.