Terms Of Use

Terms Of Use

PLEASE READ THESE TERMS OF USE (THE “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE LOCATED AT WWW.RODNEYJEW.COM (THE “SITE”). BY ACCESSING THIS SITE AND/OR USING ANY PART OF THE SITE YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE AND ALL OF THE COMPANY’S RULES AND RESTRICTIONS RELATED TO THE SITE, AS THEY MAY CHANGE FROM TIME TO TIME. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE OR ANY PORTION THEROF. THE TERMS “YOU” and “YOUR” WILL REFER TO YOU AS A USER OF THE SITE.

Privacy. CDS Strategy Consulting, Inc., a California corporation solely owned by Rodney Jew, an individual (“Mr. Jew”) (the corporation and Mr. Jew individually are collectively referred to as “CDS”) respects your privacy and encourages you to read our Privacy Policy at www.rodneyjew.com/privacy (the “Privacy Policy”) so that you may make an informed decision about using our Site. By accessing this Site and/or using any part of the Site, you are affirmatively agreeing to the terms of our Privacy Policy. If you do not agree to the terms of our Privacy Policy or any other policy governing your access to and use of this Site, you should immediately terminate your access to and use of this Site.

License and Access to Site. CDS grants you a limited, revocable, non-exclusive license to access and make personal use of this Site on the terms and conditions set forth in these Terms of Use. Notwithstanding any provision of these Terms of Use to the contrary, CDS will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Site. CDS reserves the right to (i) redesign, modify, change, alter, suspend or discontinue, temporarily or permanently, the content, appearance, design, navigation, functionality, and other aspects of the Site and/or any page thereof and any element, aspect, portion or feature thereof, from time to time; and (ii) modify, change, alter, suspend or discontinue, temporarily or permanently all or any part the Site or any offerings on the Site at any time without notice. All product features, specifications, and prices of products described or depicted on the Site are subject to change at any time without notice or liability. CDS may also impose limits on certain features or restrict your access to part or all of the Site without notice or liability to you. CDS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any offerings on the Site.

Restrictions/User Conduct. You must comply with all applicable laws and all provisions of the Terms of Use when using the Site.  Except as may be expressly permitted by applicable law or authorized by CDS in writing, you will not, and will not permit anyone else to:

  • store, copy, modify, distribute, or resell any of the information or other materials on the Site or compile or collect any materials from the Site as part of a database or other work;
  • use any automated tool, programs, robotic algorithms or products to automatically download or “spider” the Site or any portion thereof;
  • use the Site or information and materials found on the Site for any purpose other than for your own personal use;
  • take any action that imposes, or may impose in CDS’s sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Site or conduct any activities on the Site intended to circumvent, bypass or disable any digital rights management, usage rules, or other security features of the Site or bypass any measures CDS may use to prevent or restrict access to the Site;
  • use the Site in a manner that threatens the integrity, performance, or availability of the Site or any content on the Site;
  • remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site;
  • create any frames at any other web sites pertaining to or using any of the materials found on the Site for any purpose; or
  • violate any laws in your jurisdiction.

CDS reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the Terms of Use, and terminating your access to the Site and/or any of its offerings with no liability to you.

You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) attempt to interfere with the Site in any way, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. CDS reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Links and Third Party Content

This Site may contain references and links to third party products, services, and websites.  CDS and Mr. Jew exercise no control and are not responsible or liable for any content, advertising, third-party products, services, or other materials made available through such websites. This Site does provide a page entitled “What Rodney Likes” (the “Likes Page”) which lists products that are favored by Mr. Jew. Neither CDS nor Mr. Jew endorses any products listed on the Likes Page, but only expresses the individual view of Mr. Jew as to his personal preference for using the products listed on the Likes Page. Your use of any products listed on the Likes Page is done at your own risk. You acknowledge and agree that neither Mr. Jew nor CDS shall be liable, directly or indirectly, for any damage or loss caused to you by your use of any product or services listed on the Likes Page.

Ownership of IP. CDS alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the CDS Technology, the content of this Site and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to this Site or the offerings of CDS. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the CDS Technology or the Intellectual Property Rights owned by CDS.

CDS Technology” means CDS’s proprietary technology (including, but not limited to, the software and functionality found in this Site, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by CDS through this Site.

Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

Copyright and Trademark Information. All content included or available on this Site, including Site design, content, text, graphics, interfaces, and the selection and arrangements thereof is © 2018 CDS Strategy Consulting, Inc., with all rights reserved, or is the property of CDS and/or third parties and is protected by Intellectual Property Rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Site for the sole purpose of using this Site as a resource for personal use. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CDS is strictly prohibited.

Your Use. CDS reserves the right to terminate your use of the Site at any time, in its sole discretion, with no liability to you.

Access/Internet Dangers.  You are responsible for all fees charged by third parties to access the Site (e.g., charges by internet service providers). You understand that the Internet is an unsecure medium and some websites may be hostile and attempt to infect your computer system or software, or trick you into divulging personal information for illegal purposes. CDS is not responsible for (i) any fraudulent e-mail or any other fraudulent activity on the Internet; or (ii) any adverse consequences resulting from any virus, spyware or malware infecting your computer system, including without limitation, any loss of data, damage to your computer system, disclosure of personal information, identity theft or other adverse consequence. You understand that browser protection, anti-spyware, and anti-virus software can reduce risk on the Internet, but not eliminate it. You agree to take appropriate measures to protect yourself from web and e-mail fraud. You should not visit the Site or any third-party websites if you are not comfortable that your computer system will be able to detect and protect itself from malware and that you will be able to protect yourself from fraud on the Internet.

DISCLAIMER OF WARRANTIES. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  ACCESS TO THE SITE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS.  CDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  CDS DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CDS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR THE INFORMATION AVAILABLE ON THE SITE. YOUR RELIANCE ON THE SITE AND THE INFORMATION AVAILABLE ON THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA OR OTHER ADVERSE CONSEQUENCES RESULTING FROM YOUR ACCESSING THE SITE OR DOWNLOADING ANY MATERIAL THROUGH THE SITE OR RELYING ON ANY INFORMATION PROVIDED BY THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CDS OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, CDS’S OR MR. JEW’S NEGLIGENCE, SHALL CDS OR MR. JEW BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE AND/OR ANY INFORMATION PROVIDED BY THE SITE, EVEN IF CDS OR AN AUTHORIZED REPRESENTATIVE OF CDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS OF USE, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL CDS’S AND MR. JEW’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification. You shall indemnify, defend and hold harmless CDS and its shareholder, sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys, agents and successors and assigns from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the Site.

Changes to Terms of Use. These Terms of Use may be changed by CDS at any time.  If the alterations constitute a material change to the Terms of Use, CDS will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined in CDS’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with the Terms of Use as revised. Your use of the Site after such time shall constitute your acceptance to the revised Terms of Use. If you do not agree to any changes to these Terms of Use (including to any of the policies incorporated herein), do not continue to use the Site.

Electronic Communications. When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. CDS will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that CDS provides to you electronically satisfy any legal requirement that such communications be in writing.

Use of Site. This Site is a general-purpose website and is not targeted toward children under 13.

Applicable Law/Venue. By visiting this Site, you agree that the laws of the state of California, 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 CDS or its affiliates. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site will lie in the State and Federal courts located in San Francisco, California, and you irrevocably agree to submit to the jurisdiction of such courts.

Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision(s) shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Waiver. The failure of CDS to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by CDS in writing.

Rodney Jew