Terms

(1.) Reservation of Rights. For purposes of these Terms, “Eric Rosheger’s IP” means IP Rights including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all IP Rights related thereto, are the exclusive property of Eric Rosheger.

“IP Rights” means all copyrights, patents, trademarks, service marks, trade secrets, moral rights, and other intellectual property rights recognized anywhere in the world.

“Services” means any application programming interface of this website and all materials therein or transferred thereby, including, without limitation, Eric Rosheger’s IP.

Nothing in these Terms shall be deemed to create a license in or under any of Eric Rosheger’s IP, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Nothing in these Terms assigns or transfers ownership of any of Eric Rosheger’s IP to any other party, or contemplates a joint development of intellectual property.

(1.1) No Generative AI. “Generative AI Programs” means artificial intelligence, machine learning, deep learning, neural networks, model training, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content. You must not use any of Eric Rosheger’s IP (1.1.1.) in datasets utilized by Generative AI Programs, (1.1.2.) in the development of Generative AI Programs, or (1.1.3.) as training inputs to Generative AI Programs.

You must not use any of Eric Rosheger’s IP (including aggregated data) to create, improve, train, or enhance user systems or any third party's machine learning or artificial intelligence models, tools, technology, systems, modules, or algorithms.

You must not, and must not enable or allow any third party, to: (1.1.4.) use any of Eric Rosheger’s IP to: (1.1.5.) validate, train, enhance or deploy any machine learning models or algorithms that are derived from, a substitute for, or substantially similar to, any of Eric Rosheger’s IP; or (1.1.6.) directly or indirectly develop or otherwise make available on a commercial basis any intellectual property.

(2.) Age Restriction. In order to use the Services to receive products or services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use the Services if doing so is prohibited in your country or under any law or regulation applicable to you.

(3.) Purchase Commitment. When buying an item, you agree that: (3.1.) you are responsible for reading the full item listing before making a commitment to buy it: (3.2.) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

(4.) Pricing Volatility. The prices Eric Rosheger charges for using his services and/or products, are listed on the website. Eric Rosheger reserves the right to change the prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

(5.) User Access. Eric Rosheger may, without prior notice, change the Services; stop providing the Services or any features of the Services he offers; or create limits for the Services. He may permanently or temporarily terminate or suspend access to the Services without notice and liability for no reason, or for any reason, including if in his sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

(6.) Indemnification. You agree to indemnify and hold Eric Rosheger harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against him by any third party due to, or arising out of, or in connection with your use of the Services.

To the maximum extent permitted by applicable law, in no event shall Eric Rosheger, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Eric Rosheger assumes no liability or responsibility for any (6.1.) errors, mistakes, or inaccuracies of content; (6.2.) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (6.3.) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

(7.) Terms Modification. Eric Rosheger reserves the right to modify these terms from time to time at his sole discretion. Therefore, you should review this page periodically. When he changes the Terms in a material manner, he will notify you that material changes have been made to the Terms. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the Services.

(8.) Legal Disputes. These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of California, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located nearest to El Cerrito, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.