it’s all about the journey…
I want you to think of my Rosé Attaché as your arsenal of been there’s and done that’s.
This is my gift to you, a collaborative hub of my own tried and true’s.
I want you to think of my Rosé Attaché as your arsenal of been there’s and done that’s.
This is my gift to you, a collaborative hub of my own tried and true’s.
By using these Services (including our website, products and services), you agree to these terms and any supplemental terms provided to you for our Services (collectively, “Terms”). Please read the Terms carefully, as they form your entire agreement with us.
Authority. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of an entity, you assert that you have the legal authority to accept these Terms on behalf of that entity or account owner, in which case that entity accepts these Terms, and "you" means that entity or account owner.
Age. If you are under the age of 13 you may not use this site, you must be at least the minimum age to use the Services.
Member Conduct. You agree not to use the Services to:
Ø Security Violations. Obtain or attempt to obtain unauthorized access to the Services or our servers, systems, network, or data; interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way; make available viruses or other code, files, programs or content designed to interrupt, destroy or limit functionality of the Services or affect other users; you may not engage in conduct or activity that is disruptive to the Services or the experience of other users; or
Ø Harmful Content. Make available any content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
Ø Legal Violation. Violate any applicable laws or regulations;
Ø Fraud. Impersonate any person or entity; forge or manipulate headers or identifiers to disguise origin of any content transmitted via the Service;
Ø Intellectual Property. Make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
Ø Solicitation. Post content containing advertisements or other commercial solicitations without our prior written permission; send unsolicited emails or messages using our Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high-volume activity without our prior written consent.
Service Use. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
Ownership. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or content you access and you must not use it without our written consent. You may not obscure, remove or alter any legal noticed displayed pertaining to the service. You must not duplicate, amend, rent, lease, sell, trade, distribute, transmit, broadcast, perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services.
Amending Terms. We may amend the Terms from time to time. Unless we indicate otherwise, modifications will be effective as of the date they are posted on this page or any successor page. You should look at the Terms regularly. We will provide notice of material modifications. Rosé Attaché may provide you with notices, including service announcements and notices regarding changes to these Terms. You consent to receive these notices by email. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
License. Subject to your continuing compliance with these Terms, we grant you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services we provide, in the manner permitted by these Terms. You may not attempt to extract any source code pertaining to the Services, unless applicable laws prohibit such restrictions. Our site may automatically download and install security or other updates without prior notification to you.
No Endorsements From time to time, Rosé Attaché will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. Rosé Attaché provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
h. Account Information and Support. We do not promise to provide you with any support for the Services. If we provide you with support, it is at our sole discretion and does not mean we will continue in the future. You may need an account to use some Services. You must ensure that your account information (the data you provided when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential.
IP Ownership and License Grant. Except as otherwise provided in the specific product terms or guidelines for one of our Services, when you upload, share with or submit content to the Services you retain ownership of any intellectual property rights that you hold in that content and you permit Rosé Attaché and other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Services, as may be permitted by the functionality of those Services (e.g., for users to re-blog, re-post or download your content). In some of the Services, there may be specific terms or settings allowing a different scope of use of the content submitted in those Services. You must have the necessary rights to grant us the license for any content that you upload, share with or submit to the Services.
IP Infringement Claims. We respect the intellectual property of others, and we expect our users to do the same. We may, in appropriate circumstances and at our discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be infringers. If you believe that your copyright or intellectual property rights have been infringed, please contact us at [Rifky@roseattache.com].
Feedback. You agree that any feedback you submit to us related to our Services may be used by us without any notice, restriction, reimbursement or compensation to you and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any feedback.
Suspension. We may without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service. We may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.
Cancellation. You can stop using the Services at any time. You may cancel and delete your account by contacting us.
Termination. Subject to any statutory rights you have, if your account is terminated, access to your username, password, and all related data, files, and content associated with your account may be terminated and your username may be recycled for use by others.
Third Party Beneficiaries and Conflicts. These Terms control the relationship between you and us. They do not create any third party beneficiary rights. If there is a conflict or inconsistency between the terms in this document and the additional terms associated with a particular Service, the additional terms will control solely for that conflict or inconsistency.
Continued Use of the Services. You may stop using the Services at any time, but your continued use of a Service after the effective date of any modifications to the Terms or the means that you agree to the Terms as modified.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision (or part of a provision) of these Terms is found to be invalid, you and we nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Assignment. We may freely assign these Terms and all other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring (for example, mergers or liquidations).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO MAKE REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE WEB OR DATA STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, SUPPORT WE PROVIDE FOR SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT ROSÉ ATTACHÉ ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. ROSÉ ATTACHÉ IS NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS.ROSÉ ATTACHÉ ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING. TO THE FULLEST EXTENT PERMITTED BY LAW AND ROSÉ ATTACHÉ ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES. IF YOU ARE USING THE SERVICES ON BEHALF OF A COMPANY, BUSINESS OR OTHER ENTITY, OR IF YOU ARE USING THE SERVICES FOR COMMERCIAL PURPOSES, YOU AND THE ENTITY WILL HOLD HARMLESS AND INDEMNIFY ROSÉ ATTACHÉ FROM ANY SUIT, CLAIM OR ACTION ARISING FROM OR RELATED TO THE USE OF THE SERVICES OR VIOLATION OF THESE TERMS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM CLAIMS (INCLUDING CLAIMS FOR NEGLIGENCE), LOSSES, DAMAGES, SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES.
BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE FOR U.S. USERS. YOU AND US BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND WE ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU AND WE ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. WHILE ARBITRATION PROCEDURES MAY BE DIFFERENT THAN COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. We also both agree that:
Notice of Dispute. If either you or we intend to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to us should be sent either by mail to Rosé Attaché, Attn: Disputes, [address]; or [email address] Notice to you will be to your email address(es) and street address(es), if any, that we have in our records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the dispute within 30 days, either party may then proceed to file a claim for arbitration.
Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association ("AAA"). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these Terms, unless you are an individual and use the Services for personal or household use, in which case the AAA's Consumer Arbitration Rules will apply (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules and fee information from the AAA (www.adr.org). These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
Arbitration Location. Unless you and we agree otherwise, the arbitration must take place, or the small claims action must be filed, in the county of New York, New York.
Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. To avoid any doubt or uncertainty, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
THESE TERMS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
a. Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of New York without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
b. Forum. If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and us, will be brought exclusively in the courts located in the county of New York, New York or the U.S. District Court for the Southern District of New York. In such cases, you and we agree to submit to the personal jurisdiction of the courts located within the county of New York, New York or the Southern District of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Email us at Rifky@roseattache.com
Effective as of December 2018
©2020 Rosé Attaché. All Rights Reserved.
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