Policies and Terms
TERMS OF SERVICE
The website you have entered (AdamRoa.com, its sub-domains, affiliated websites and applications, any mobile versions) and any services or Content (as defined below) available therefrom (the “Site”) is a copyrighted work owned and operated by Adam Roa, LLC (“Adam Roa,” “we” or “us”).
LAST MODIFIED: October 05, 2019
IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR ACCESS TO AND USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OR HAVE NOT OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE. IN NO EVENT MAY YOU ACCESS OR USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.
YOUR ACCESS TO AND USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
- CHANGES TO THE SITE OR TERMS
Adam Roa reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that Adam Roa will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
Adam Roa further reserves the right, at any time, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site, the Content, or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted. ANY ACCESS TO OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms shall be valid or enforceable against Adam Roa unless expressly agreed to by Adam Roa in a writing signed by a duly authorized officer of Adam Roa.
- TERM AND TERMINATION
These Terms will remain in full force and effect while you access and use the Site. Adam Roa may terminate these Terms or discontinue operation of the Site without notice to you, at any time and for any reason, in our sole discretion, without liability, including but not limited to if you breach any of these Terms. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site or any Content.
In the event of a termination of these Terms or termination of your access to and use of the Site, Sections 3 through 14 of these Terms shall survive and continue in full force and effect. Further, all rights granted by you shall remain in full force and effect and Adam Roa shall be permitted, but shall not have any obligation, to delete any of your personal data collected in the operation of the Site unless otherwise required by law.
- LICENSE; SITE CONTENT
- License.Subject to these Terms, Adam Roa grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site or the Content is a breach of these Terms and may be a violation of law.
- Site Content.Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by you without the prior written consent of Adam Roa. The Site and the Content found therein are the property of Adam Roa, its licensees and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that Adam Roa or its business partners, licensees or licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times.
- DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THE SITE AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE; AND (ii) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. ADAM ROA MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR ACCESS TO AND USE OF THE SITE OR THE SITE OR CONTENT. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF ADAM ROA OR ANY OF THE ADAM ROA PARTIES (AS HEREINAFTER DEFINED).
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of the Adam Roa Parties shall be limited to the greatest extent permitted by applicable law.
- USER CONDUCT; PROHIBITED ACTIVITIES
You agree that you shall not post, publish, submit or otherwise disseminate through the Site any content or other information:
- that is known by you to be false, inaccurate or misleading;
- that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right;
- that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language;
- that contains any computer viruses, worms or other potentially damaging computer programs or files
In addition to the foregoing, you agree not to:
- Download or upload any content or material that you know or reasonably should know cannot be legally obtained in such manner;
- Restrict or inhibit any other user from using and enjoying any area within the Site;
- Collect or store personal information about other users of the Site, or submit personal data on the Site without their express permission and authority to do so;
- Attempt to access or use the Site or the Content after your access or use has been terminated;
- Affect the way the Site displays Content (including any pages contained therein) other than through adjustments to your browser or display settings to facilitate your personal viewing of the Site;
- Use any automated means to access or use the Site or to collect any Content contained therein;
- Modify or create variant versions of the Adam Roa name, trademark, indicia or logos;
- Interfere with or disrupt the Site or the infrastructure;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
- Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure;
- Engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules or ordinances.
You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.
- THIRD-PARTY LINKS
The Site may contain links to third-party websites and services for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Adam Roa, and Adam Roa is not responsible for any Third-Party Links. Adam Roa provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
- COPYRIGHT AND TRADEMARK INFORMATION
© Adam Roa, LLC 2019. All rights reserved.
Your use of any trademarks, service marks, branding, logos, and designs owned or licensed by Adam Roa is prohibited without the prior written consent of Adam Roa or the consent of the third party that owns the trademark.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through email, if you have previously provided your email address to us. If you do not provide us with accurate information, we cannot be held liable if you do not receive notice.
- GOVERNING LAW AND JURISDICTION
The Site is controlled and managed by Adam Roa from its offices in the United States and is targeted to the United States. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflicts of laws principles. By accessing or using the Site, you submit to the exclusive jurisdiction of and venue in the Federal District Court located in the State of Delaware to resolve any dispute arising out of or in connection with these Terms, the Site or the Content, and waive any objections thereto including those of inconvenient forum or similar defenses.
You must not access or use the Site or the Content in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. Adam Roa makes no warranty or representation that the Site or the Content is appropriate or available for access or use in locations outside the United States.
- USERS OUTSIDE OF THE UNITED STATES
If you (a) are using the Site from a country embargoed by the United States, (b) are on the United States Treasury Department’s list of “Specially Designated Nationals,” or (c) are on the U.S. Commerce Department’s Table of Deny Orders, you agree that you will not conduct any commercial activities using or through the Site and will not otherwise use the Site or any related services in violation of United States export control laws or regulations.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADAM ROA, ITS SUBSIDIARIES AND AFFILIATES AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (ALL OF THE FOREGOING, COLLECTIVELY, THE “ADAM ROA PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE ACCESS OR USE, OR INABILITY TO ACCESS OR USE THE SITE AND/OR ITS CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED (E.G., WHETHER IN CONTRACT, TORT OR OTHERWISE). ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR LOSS OF DATA RESULTING THEREFROM. IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY OF THE ADAM ROA PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ADAM ROA PARTIES SHALL IN NO EVENT EXCEED $100 USD. YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. In such jurisdictions, the liability of the Gary Vee Parties shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the limitation of liability for consequential or incidental damages.
You agree to defend, indemnify and hold harmless Adam Roa, its affiliates, subsidiaries, licensees, vendors, partners, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach of these Terms or any applicable laws or regulations, (b) your access to or use of the Site and/or the Content, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) your tortious acts including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, we will be responsible solely for our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.
These Terms constitute the entire agreement between you and us regarding the access to or use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
If you have questions or comments, please contact us.
This policy was last modified on October 05, 2019.
1. Collection of Data
a. We collect personal data when you voluntarily provide it to us.
We collect personal data from you in several different ways on the Site. Personal data means information that can reasonably be used to identify you personally (such as your name, phone number, address, and email address). We collect this personal data when you voluntarily provide it to us (such as when you submit an inquiry). You can choose not to provide the requested data, but you might not be able to take advantage of certain Site features.
b. We automatically collect data about your browser or device and your use of the Site.
When you access and use the Site, our technology and tools may automatically collect and record certain data (which does not identify you as an individual) about your use of the Site (your IP address, browser type, the make and model of device used to view the Site, unique device identifiers, the referring web page, pages visited, search terms, and other information relating to your use of the Site, browser or device).
We also use various tracking technologies (such as cookies, clear GIFs, and/or pixel tags) to collect data about your use of and access to the Site. Cookies are small bits of information that may be placed on your computer by websites you visit, applications you use, or advertisements you view. Cookies alone tell us nothing about who you are. Pixel tags generate a generic notice of a visit to the Site. Pixel tags are used in conjunction with cookies to anonymously track the activity on the Site by a particular browser on a particular site.
c. Third-parties may also automatically collect data about you.
d. Our “Do Not Track” (DNT) Policy
Some websites have “do not track” features that allow you to tell a website not to track you. We do not currently respond to those signals or similar mechanism transmitted by web browsers. To learn more about browser tracking signals and DNT, please visit http://allaboutdnt.org.
2. Use of Collected Data
We collect and use the types of data described above to assist in the administration and operation of the Site and to provide you an efficient, meaningful, and customized experience. We may use the data to:
- Fulfill our obligations with respect to the reason you volunteered the data (e.g., to respond to an inquiry, etc.);
- Allow you to participate in certain features of the Site;
- Improve the Site or our products, events, and services;
- Optimize your experience on the Site (e.g., troubleshooting technical programs, storing your preferences, etc.);
- Carry out our obligations and enforce our rights arising from arrangements between you and us; and
- For any other purpose with your consent or as permitted by law.
Additionally, we may use the data for marketing purposes to:
- Provide you with additional information regarding products and services from Adam Roa, its affiliated companies, or from others that may be of interest to you via email, text message, or through advertising on various social media platforms or websites (both desktop and mobile) that you may visit;and
- Develop, improve, and target our promotional messaging to you and others via retargeting, online behavioral advertising, and use of social media platform tools for advertising (such as creation of Facebook Lookalike Audiences).
3. Legal Basis for Processing Personal Data
To the extent you provide us with personal data, we are processing your personal data under the following lawful basis:
b. Processing necessary for compliance with legal obligations.
4. Third-Party Websites and Third-Party Embedded Content
5. How We Share Data
a. Affiliates and Subsidiaries.We may share your data collected on this Site with our subsidiaries or affiliated companies.
b. Service Providers. We may provide collected data to our service providers. They may use your data to perform services for us and may have access to, store and process your personal data to provide services on our behalf.
c. Sponsors or Event Partners.In the instance of ticketed events, we may share your collected data (including personal data) with sponsors or event partners.
e. Business Transfer.In the event that Adam Roa undergoes a merger, acquisition by another company or sale of its assets, your data will, in most instances, be part of the assets transferred.
6. Your Rights under the GDPR
If you are accessing the Site from the European Economic Area, which includes the European Union, Iceland, Liechtenstein, and Norway, you have the following rights under the General Data Protection Regulation (GDPR).
a. Right to be informed about the collection and use of your personal data
b. Right to access your personal data
c. Right to have any inaccurate personal data corrected
d. Right to have your personal data erased
e. Right to restrict use of your personal data
f. Right to personal data portability
g. Right to object to the processing of your personal data
If you wish to exercise any of these rights under the GDPR, please email us at privacy at adamroa dot com with such request. We will respond to any requests without undue delay and no later than one-month after receipt of your request.
7. Opting-Out of Data Use or Withdrawing Consent
As described above, we collect personal data about you when you voluntarily provide it to us and collect other data about you and your use of the Site automatically when you interact with us. If you do not want us to use your collected data as described above, or if you wish to withdraw your consent to permit us to process your personal data, please email us at privacy at adamroa dot com with such request.
If you no longer wish to receive communications from Adam Roa, you can opt-out from receiving such messages in the future by following the instructions in the message or contacting us at privacy at adamroa dot com.
You may remove certain tracking technologies and opt-out of online behavioral advertising messaging by using the opt-out tools available from the Digital Advertising Alliance (DAA Opt-Out Tool) and the Network Advertising Initiative (NAI Opt-Out Tools). Please note that these opt-out tools are device and browser specific, so you must repeat the opt-out from each of your browsers and devices.
You may also adjust your advertising preferences on various social media websites by adjusting your settings on the platform.
8. Protection and Retention of Data
We use appropriate technical and organizational measures to ensure a level of security appropriate to the risk and to safeguard your data in our possession. However, no data transmission over the Internet is completely secure and no security mechanism is impenetrable. Therefore, although we take steps to protect your data, we cannot guarantee the security of the data that we collect from you or the security of our servers or the Site. By accessing the Site, any transmission of data is at your own risk and you agree to assume all risk in connection with data sent to us or collected by us.
9. Children and Parents
We respect children’s privacy. We do not target or knowingly or intentionally collect personally identifiable information from children under the age of 13. By using the Site, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, you may not use the Site. If you become aware that your child has provided us with personal information without your consent, please email us at privacy at adamroa dot com.
10. Your California Privacy Rights
If you are a resident of California, California law permits you to request certain information regarding the disclosure of your personal data by Adam Roa, or its affiliates and subsidiaries, to a third-party for direct marketing purposes. To make such a request, please email us at privacy at adamroa dot com.
11. Data Controller
The data controller for the personal data that you provide or that is collected by Adam Roa is Adam Roa, LLC.
13. Contact Us