Terms and Conditions

This Agreement was last modified on April 1, 2009

Please review the Privacy Policy and Terms of Service for this website. This website is provided for informational purposes only. Your use of this site signifies your agreement to our Privacy Policy and Terms of Service. If you do not agree to be bound by the Terms of Service, please do not use this website.

This website is not meant for people under the age of eighteen (18) years of age. If you are under eighteen, you must have your parent or guardian review and agree to this Agreement on your behalf.

CarolRoth.com is owned and operated by Intercap Merchant Partners, LLC. Together, with its owners, principals, agents, licensees, employees, shareholders, officers, representatives, affiliates and assigns, Intercap Merchant Partners, LLC may be referred to in this Agreement using “CarolRoth.com”, “Intercap Merchant Partners”, “IMP”, “We”, “Our(s)” and/or “Us”. These terms are used interchangeably. CarolRoth.com may also be referred to as the website.

Notice on Advice

Generally, this website is not intended to provide any business, legal, accounting or any other kind of professional advice or services.

The opinions expressed through CarolRoth.com and any answers you receive to your questions or advice you receive through this site are solely opinions of Carol Roth and her guests. You understand and agree that your business decisions are your sole decision and responsibility. While Carol Roth or any guest of hers on CarolRoth.com or otherwise may discuss with you specific business ideas or give advice based on the limited interaction and limited amount of information that they are able to elicit, you understand that their advice is of a general nature, that they are not aware of the specifics of your situation and that you should not and will not make business decisions based solely on Ms. Roth’s advice, that of her guests or any information found within CarolRoth.com. This includes any advice given through the FIRED-UP™ entrepreneurship assessment and any all other advice, ideas or suggestions.

To make sure that any information or suggestions on this site fit your particular circumstances, you should consult with an appropriate professional before taking action based on any suggestions or information on this site. Unless otherwise specified, you alone are solely responsible for determining whether any business decision is appropriate or suitable for you based on your personal and business objectives and situation. You agree that advice on CarolRoth.com is general in nature and not an inducement to follow such suggestions and that we do not owe you any fiduciary or other responsibility.

Copyrights

The material on this website is owned by us and is protected by copyright, trademark and other applicable laws. You may not copy, reproduce, republish, upload, post, transmit, modify, disturb, publicly display, prepare derivative works based (whether in whole or in part) on or distribute in any way all or any part of the website or any material contained within the website.

You may, however, subject to your compliance with this Agreement (unless otherwise notified by us), download one copy of the materials on for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials and use the material in accordance with this Agreement. Any modifications of the materials or use of the materials or our intellectual property for any other purpose is a violation of our copyrights and other rights. The use of such material on any other website or in any other medium without our express written consent is strictly prohibited.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the website or content or information contained therein.

Submissions

All comments, suggestions, graphics, ideas (including products and advertising ideas), and other information and materials you submit to us through this website or otherwise will become and remain our exclusive property, including any future rights associated with such submissions, even if these Terms of Service are later modified or terminated. This includes communications received by uploading files, inputting data, submitting content (including without limitation, comments to blogs) or engaging in any other form of communication. As our property, we can royalty-free and irrevocably, perpetually and unrestricted throughout the universe: use, copy, sublicense, adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such communication in any form of media or technology now known or later developed or invented. We can also transfer these rights to others and license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such communication.

Accordingly, you disclaim any proprietary rights in such submissions, and you acknowledge our unrestricted right to use them (or materials or ideas similar to them) in any medium, now or in the future, without notice, compensation or other obligation to you or any other person. Moreover, we have no obligation to keep your submission confidential.

You represent and warrant that you have all rights necessary for you to grant the rights granted in this section and that your communications comply with all applicable laws, rules and regulations. You further irrevocably waive any so-called moral rights or other rights with respect to attribution of authorship or integrity of materials regarding each communication that you may have under any applicable law under any legal theory.

You understand that we do not have the obligation to respond to or use any submission or other communication.

Using our submission forms will require for you to submit information about yourself. Using our blog to post your comments may also require you to register. With respect to any such registration, we may refuse to grant you access to our blogs and other registration areas. You agree that you may not use a user name, email address or screen name that is already being used by someone else. You will not impersonate another person or do anything that violates the intellectual property or other rights of any person, and you agree that you will not post anything offensive (which we may determine at our sole discretion). See “Blog and Other Interactive Areas” for further details.

When you submit information through our forms or register to use our blog or other services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your membership and block you from using our website.

Blog and Other Interactive Areas

For any blog postings or other interactive areas, it is a condition of your use that you do not:

restrict or inhibit any other user from using or enjoying any interactive area;
post or transmit any information violates or infringes the rights of others;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind;
post or transmit anything constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
post or transmit comments containing harassing or offensive language (including sexual, racial, profane or rude/offensive language) or disruptive activities (including excessive use of scripts, sound waves, scrolling, spamming or use of viruses, bots, worms, spyware, or any other computer code, file or program that is harmful or invasive or may damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment);
post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, spam or any other forms of solicitations;
solicit other users;
impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
resell, redistribute, broadcast or transfer the information or use the information derived herein in any way;
collect personally identifying information about users;
modify any materials on the website;
frame or mirror any part of the website and its content without our express written permission; or
fail to comply with our other Terms of Service noted herein.
You agree that you will not use any part of the website including interactive areas and the website’s related equipment and network for any unlawful purpose.

We maintain the right but not the obligation to monitor the use of our website, blog and related areas. We reserve the right in our sole discretion to prevent anyone from using the website. We may monitor, modify, delete and censor any information, in whole or in part, posted on our blog our other member areas. Information on our blog is subject to this Agreement, including the “Submissions” section.

We reserve the right at all times to disclose any information posted on any portion of the website as necessary in order to operate the website, to protect us and our users and to satisfy any law, regulation or governmental request or to enforce this Agreement.

Information and other communications posted through the website by users are the sole responsibility of such users. We disclaim any liability or responsibility for the posts of users whatsoever. We assume no responsibility or liability arising from the content of any information or communication for any reason (including but not limited to error, defamation, libel, slander, omission, falsehood, pornography, profanity, danger, illegality or inaccuracy) contained in any information transmitted to any such locations on this website.

You should not provide any personal information when using any member area of our site. You are solely responsible for any information you post on our site and we will have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public by you. If you provide personal information on any portion of our site you do so at your own risk.

Help

This website may provide instructions for use or access to customer service. However, you understand that CarolRoth.com is under no obligation to provide any support for the use of the website.

Third Party Sites

This website may provide links to other websites that are not operated by us. These links do not necessarily mean that we endorse, approve, agree with or sponsor any information available at the linked site or any products that may be sold there. We are not liable for any damage that might result from your use of information or products from linked sites or from accessing such sites. Such sites are covered by their terms and policies on their respective sites.

Site Updates and Agreement Changes

We reserve the right, in our sole discretion and at any time, to amend this Agreement and to modify, update, change or discontinue this website or any aspect, portion or feature of it (including the Terms of Service) without notice. Please review this Agreement each time you visit the website to keep up to date with the current terms regarding your use of the website and to learn of any changes. Your use of the website constitutes your binding acceptance to the current Terms of Service.

Disclaimers and Indemnifications

The material in this website (including any graphics, recommendations or other material) or any materials made available through this website are provided “as is” and without warranties of any kind, express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAROLROTH.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CAROLROTH.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The materials in this website could include technical inaccuracies or typographical errors. This material could be inaccurate or become inaccurate as a result of certain developments occurring after the respective dates of the material contained in this website. We undertake no obligation to verify or maintain the currency of such information.

We endeavor to maintain this website and its operation, but are not, and cannot be, responsible for any defect that may exist in the website or its operations. AS TO THE OPERATION OF THE WEBSITE, CAROLROTH.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CAROLROTH.COM MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECT AND ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not CarolRoth.com) assume the entire cost of all services, repairs, or corrections that may be necessary for your computer equipment and software as a result of viruses, errors or any other problems whatsoever you may have as a result of visiting this website.

UNDER NO CIRCUMSTANCE SHALL CAROLROTH.COM BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIAL IN THIS WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. CAROLROTH.COM SHALL NOT BE LIABLE EVEN IF CAROLROTH.COM OR A CAROLROTH.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These include but are not limited to damage or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, IN NO EVENT SHALL CAROLROTH.COM’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

You agree to indemnify, hold harmless and defend CarolRoth.com, its owners, members, affiliates, representatives, shareholders, directors, officers, employees and agents, from and against any and all actions, causes, claims, suits, proceedings, damages, debts, demands or liabilities including costs and expenses (including reasonable attorney fees), asserted by any person, arising out of or related to: (i) these Terms of Service or any non-compliance by you with the Terms of Service; (ii) your use of this website, including any data or information downloaded, transmitted or received by you; (iii) any advice or opinions expressed in the website; (iv) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy or any misrepresentation made by you in connection with your use of the website; and (v) any libelous, slanderous, indecent or other statement concerning any person made or republished by you or claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the website, including the information obtained through the website.

You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the website and any related content and services hereunder. You may not assign any of your rights, obligations or privileges hereunder without our prior written consent. Any assignment of the foregoing other than as provided for in this section shall be null and void.

Jurisdiction

This website is operated from the United States of America. We make no representation that materials or any information within this website is appropriate for or available for use in other locations. All visitors to this website are responsible for compliance with all applicable local laws with respect to the content and operation of this website or otherwise.

This Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the State of Illinois in the United States without giving effect to any principles of conflicts of law.

Any and all legal actions, suits or proceedings, arising out of these Terms of Service will be brought exclusively in the state or federal courts located in Illinois and you hereby accept and submit to the personal jurisdiction of these Illinois courts with respect to any legal actions, suits or proceedings arising out of these Terms of Service. You hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Service.

If any conflict exists between any provision of these Terms of Service and any applicable statute, law, regulation of ordinance, the latter will prevail, but in such event, the affected provision of these Terms of Service will be modified or limited only to the extent necessary to bring it within such legal requirements.

No Waiver, Severability and Entire Agreement

No failure on the part of CarolRoth.com to enforce any part of these Terms of Service shall constitute a waiver of any of our rights under these Terms of Service whether for past or future actions on the part of any person. No actions, including the reliance of any person on CarolRoth.com shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by an authorized representative of CarolRoth.com shall have any legal effect whatsoever. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

You acknowledge that the provisions of this Agreement are intended to inure to the benefit of entities affiliated with us or our licensors, all of which will be entitled to enforce such provisions against you.

All Rights Reserved

These Terms of Service are in addition to, and do not override or otherwise modify or supersede, the terms and conditions that elsewhere throughout this website.

If we have not specifically granted you a right under these Terms of Service, that right is reserved to us.