Terms of Service

1. Information that you provide to us

You may give us information about yourself when you visit the Platform. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Platform and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

2. Platform IP

As between you and Roost Report, Roost Report and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Platform (collectively, "Platform IP"). Platform IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Platform IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Platform or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Roost Report has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Platform

Roost Report grants you a limited, revocable, non-exclusive, non-transferable license to access the Platform. This license does not include a right to use any of the content and information without proper authorization. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Your Account

We require that you create an account to access the Platform. You must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity under your account. We reserve the right to terminate your account at any time and for any reason.

5. No Warranties

We provide the Platform and Platform IP "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Roost Report or obtained by you from or through the Platform creates or implies any warranty from Roost Report to you.

Roost Report disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Platform; (b) that the Platform will meet your specific needs or requirements; (c) that the Platform will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Roost Report will correct any defects or errors in the Platform; or (e) that the Platform is free of viruses or other harmful code.

6. Limitation of Liability

Under no circumstances will Roost Report be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Platform or for the unavailability of the Platform, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Platform, even if such damages are foreseeable.

You agree to limit any additional liability not disclaimed or denied by Roost Report in relation to the Platform and Platform IP to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate USD $20.

7. Disputes

In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party's intellectual property, will be determined by arbitration in Texas before a single arbitrator.

8. Applicable Law

By using the Platform, you agree that the laws of the state of Texas, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Roost Report.

9. Modification and Severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Platform by posting such changes on our website or any other website we maintain or own.

10. Contact Information

Roost Report, Inc.

www.roostreport.com

+1 205-287-2949