Terms of service
TERMS OF SERVICE
Virginia Boys LLC dba Roedgers
Effective date: September 27, 2026
OVERVIEW
Welcome to Roedgers! The terms "we", "us" and "our" refer to Roedgers. Roedgers operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Roedgers is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
The Services are not offered to individuals or entities that reside in, are located in, or access the Services from California or New York. By visiting, interacting with, or using the Services, you represent and warrant that you (1) are not a resident of California or New York, (2) are not physically located in California or New York at the time of account creation, purchase, or use, and (3) will not access, use, or attempt to purchase or subscribe to the Services from either of those states. Any such access is strictly prohibited and constitutes a material breach of these Terms.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 2A - SOFTWARE PRODUCTS, LICENSE KEYS AND AI USE
2A.1 Definitions. "Software Products" means Roedgers digital products that include or depend on software, including the Amazon Business Evaluator and any analyzer, planner or similar tool we offer, together with their AI skills, Google Sheets and Excel workbooks, scripts, client code, prompts, templates, guides and example files ("Product Materials"). "Hosted Services" means the application programming interfaces and calculation services operated by or for Roedgers that Software Products use to verify licenses and perform calculations. "License Key" means the credential issued with each purchase. "Customer Data" means reports, files, inputs, answers and other information you submit to a Software Product or Hosted Service. "Outputs" means the results, reports, workbooks and summaries returned by the Hosted Services for your Customer Data. "Product Terms" means the access period, features, usage limits and other terms for a Software Product as most recently stated on its product page or most recently communicated to you by Roedgers. "Documentation" means the guides and instructions Roedgers supplies with a Software Product.
2A.2 One license per purchase, tied to your email. Each purchase of a Software Product includes one license and one License Key. The license is issued to, and is for use only by, the customer whose email address is associated with the purchase (the "Licensee"), for the Licensee's own business. It is personal, non-exclusive, non-transferable, non-sublicensable and revocable. Use by or for any other person or business, including clients of the Licensee, requires a separate license. Subject to payment in full and these Terms, Roedgers grants the Licensee the right to use the Product Materials and to access the Hosted Services with the Licensee's License Key for the Software Product's intended use as described in its Documentation and product page ("Intended Use"). This Section 2A governs Software Products and prevails over any conflicting term in Sections 3 or 6 or in any file accompanying a Software Product.
2A.3 License Keys. Your License Key is confidential and may be used only by the Licensee. Do not share, publish, sell or transfer it. You are responsible for all activity under your License Key, including activity by AI assistants or other tools you use with it. Notify team@roedgers.com promptly if you believe it has been exposed. Roedgers may monitor license usage and investigate suspected sharing, transfer or misuse of a License Key. If Roedgers determines, in its reasonable judgment, that a License Key has been shared, transferred or used in breach of these Terms, Roedgers may suspend or revoke it and any other License Keys held by the same Licensee without refund.
2A.4 Access period, updates and changes. Your access to a Software Product lasts for the period set by its Product Terms. Roedgers may update the Product Materials, Hosted Services, calculation methods, supported platforms and Documentation at any time, and may change, limit, suspend, discontinue or revoke access rights, features, usage limits (including request size, rate and number of analyses) and License Keys for any Software Product at any time, in each case as reflected in the most recent Product Terms. Any refund on a change or discontinuation is governed solely by the Product Terms and our Refund Policy. When Roedgers removes your access to a Software Product, we will notify the email address associated with your purchase at the time access is removed. Software Products require internet access and the Hosted Services to calculate results, and Roedgers does not guarantee that the Hosted Services will be available at any particular time.
2A.5 Permitted and prohibited AI use. You may use an AI assistant (a) to run the Software Product as designed, including its AI skill, and (b) to read, understand, discuss and apply the Product Materials and your Outputs to your own business. That use is authorized and does not violate Sections 13(e) or 14. You may not use AI, or any other tool or method, to: (i) reverse engineer, decompile, disassemble, extract, reconstruct or replicate any Product Materials, Hosted Services, calculation logic, formulas, scoring, prompts or skill instructions; (ii) create derivative, rebranded or competing products, courses, services, prompts, skills or models from them, or use them as training or fine-tuning data; (iii) circumvent or test the limits of license checks, usage limits or security; (iv) access the Hosted Services other than through the Product Materials with a valid License Key; or (v) otherwise use a Software Product beyond its Intended Use. Sections 13(e) and 14 continue to apply to everything other than the uses permitted in this Section.
2A.6 Customer Data.
(a) Ownership. You retain all rights in your Customer Data and your Outputs. Roedgers claims no ownership of them. Customer Data and Outputs are not Feedback under Section 11.
(b) Limited processing. You authorize Roedgers to process Customer Data solely to verify your license, calculate and return your Outputs, keep the Hosted Services secure, and comply with law. Roedgers does not use Customer Data for any other purpose.
(c) No sale, training or AI sharing. Roedgers does not sell or rent Customer Data, does not use Customer Data or Outputs to train, fine-tune or evaluate artificial intelligence models, and does not send Customer Data to artificial intelligence model providers. If you choose to run a Software Product inside an AI assistant, that provider receives your content under your agreement with it (Section 2A.7), not from Roedgers.
(d) Retention. Roedgers does not store Customer Data or Outputs. The Hosted Services process Customer Data in memory and discard it, together with the Outputs, when the response is returned to you. License verification receives only your License Key and the product identifier. Roedgers separately keeps operational records that contain no Customer Data, such as license identifiers, timestamps, request counts, computing usage and error codes, to administer licenses, prevent abuse and account for costs. Retention for each Hosted Service is stated in its Documentation. If we change it, we will update the Documentation before the change applies to your Customer Data.
(e) Hosting and service providers. Hosted Services run on Cloudflare, Inc. infrastructure, which processes Customer Data on Roedgers's behalf only to provide the Hosted Services. License status is checked against your Roedgers account on Shopify, which receives your account and product identifiers but no Customer Data. We may change providers and will update this list and the Privacy Policy when we do.
(f) Your right to submit. You represent that you have all rights, permissions and consents needed to submit your Customer Data and to have Roedgers process it as described here, including under your agreements with Amazon and any other source of that data, and that it does not include information you are prohibited from sharing.
2A.7 Third-party platforms. Product Materials are Roedgers products. Some of them run inside platforms operated by third parties that you choose and control, such as AI assistants (for example Claude or ChatGPT), Google Sheets, Google Drive and Apps Script, Microsoft Excel, and Amazon Seller Central (together, "Third-Party Platforms"). Your use of a Third-Party Platform is governed solely by your agreement with its provider. Any content you provide to a Third-Party Platform, including Customer Data, Outputs and your License Key, is handled by that provider under that agreement, not by Roedgers. Roedgers does not operate or control Third-Party Platforms and is not responsible for their availability, security, accuracy, changes, fees, or handling of your content, including any statements an AI assistant makes about the Product Materials or your Outputs. A change by a Third-Party Platform that affects a Software Product does not entitle you to a refund. You are solely responsible for complying with the terms, policies and usage rules of every Third-Party Platform you use with a Software Product, including the rules governing any data you export from it (such as Amazon Seller Central reports), any content you give an AI assistant, and any changes you make in a Third-Party Platform based on an Output.
Roedgers is not affiliated with, endorsed by, or sponsored by Amazon.com, Inc. or its affiliates, Google LLC, Microsoft Corporation, Anthropic PBC, OpenAI, or any other Third-Party Platform provider. Amazon, Seller Central and related marks are trademarks of Amazon.com, Inc. or its affiliates. All other third-party names and marks belong to their respective owners and are used only to identify compatible platforms.
2A.8 Sharing Outputs. You may share Outputs about your own business with people you work with on that business, such as its owners, prospective buyers, lenders, investors and advisors, if Roedgers attribution stays intact and you do not represent an Output as prepared, reviewed, verified or endorsed by Roedgers. You may not sell or offer Outputs, or the ability to obtain them, to third parties as a product or service.
2A.9 Working materials; no claims by Roedgers. Software Products and Product Materials are working materials that you use to organize and analyze your own information and to reach your own conclusions. Roedgers makes no claims, representations or promises about any Software Product, Product Materials or Output, including about their accuracy, completeness, suitability for any purpose, or the results you will achieve. Outputs are produced by applying the Software Product's methods to the information you supply, which Roedgers does not review or verify, and they are only as reliable as that information. Any labels, statuses, caveats, ranges or scores in an Output describe how the Software Product treated your inputs; they are not assurances. Outputs are not an appraisal, audit, certification, or professional, financial, accounting, tax, legal or investment advice, and Roedgers is not acting as your advisor. You are solely responsible for how you use Outputs and for any decision you make with them, including any use for lending, tax, legal, transactional or regulatory purposes. Roedgers owes no duty to, and accepts no responsibility toward, any person with whom you share an Output. Methods, versions and Product Materials change over time, and the same inputs may produce different Outputs at different times. Only the values the Hosted Services return are Outputs. Explanations, summaries, calculations, recommendations or other statements generated by an AI assistant, including one running a Roedgers AI skill, are not Outputs and are not statements by Roedgers, even when they describe or quote an Output. AI assistants can be inaccurate; check any AI statement against the Output itself before relying on it.
2A.10 Refund, revocation or termination. A refund, chargeback, revocation or termination ends the license and deactivates the License Key. You must stop using and delete the Product Materials. Outputs generated before that date remain yours, subject to Sections 2A.8 and 2A.9.
2A.11 Acceptance. By completing a purchase, or by activating, entering or using a License Key or any Product Materials, you accept these Terms, including this Section 2A and Section 25, as in effect at that time.
2A.12 Electronic notices. You consent to receive notices, disclosures and other communications from Roedgers electronically at the email address associated with your purchase or account, and agree that they satisfy any requirement that communications be in writing. A notice is given when sent to that address. You are responsible for keeping it current.
2A.13 Force majeure. Roedgers is not liable for any delay or failure to perform caused by events beyond its reasonable control, including outages or changes at hosting, payment, AI or other third-party providers, changes to Third-Party Platforms or their report formats, internet or utility failures, cyberattacks, labor disputes, acts of government, natural disasters, epidemics, war or civil unrest.
SECTION 2B - EARNINGS AND RESULTS DISCLAIMER
This Section applies to all products and services Roedgers offers, including Software Products, courses, coaching, implementation services, templates and other materials. Roedgers does not promise or guarantee that you will earn any income, increase revenue, sales, profit or the value of your business, reduce costs, or achieve any other result. Any figures, projections, valuations, case studies, examples or results described on our website, product pages, courses, marketing or communications are illustrative only. They are not typical, are not a promise of your results, and may involve fictional businesses where identified as examples. Your results depend on many factors outside our control, including your business, products, market, competition, capital, effort, execution and changes made by Amazon or other platforms. You may achieve no results or lose money. You are solely responsible for your business decisions and their outcomes.
Testimonials and reviews reflect the individual experiences of the people who gave them. They are not typical and do not guarantee that you will have the same or similar results. Where a person giving a testimonial received compensation, free products or services, or has another material connection to Roedgers, we will disclose it.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Roedgers reserves the right to accept or decline your order for any reason at its discretion, including where we believe in good faith that the geographic restrictions in Section 1 have been breached. Your order is not accepted until Roedgers confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Roedgers may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own use, or the internal use of the single business entity on whose behalf you are purchasing, and not for commercial resale, redistribution, sublicensing, or export. Each product is licensed to the customer whose email address is associated with the purchase. Software Products are governed by Section 2A.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Digital products and Software Products are delivered electronically by email or account access when the download link or License Key is made available. Digital products are licensed, not sold.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Roedgers, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
This restriction applies to the Services themselves, including the site, its content, and any materials not purchased by you. Separately, for products and services you have purchased, Roedgers grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the purchased materials, including any templates, worksheets, prompts, frameworks, and course content, to operate your own business or the single business entity on whose behalf you purchased. That license does not permit you to resell, redistribute, publish, sublicense, or share the purchased materials, to use them to deliver paid services to third parties, or to use them to build or train a competing product, course, service, or model. All other rights are reserved. For Software Products, Section 2A governs, including its restrictions on AI use.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Roedgers, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Roedgers.
Roedgers's names, logos, product and service names, designs, and slogans are trademarks of Roedgers or its affiliates or licensors. You must not use such trademarks without the prior written permission of Roedgers. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
Product Materials supplied by Roedgers, including AI skills, workbooks and scripts, are Roedgers products and are not optional third-party tools under this Section. The Third-Party Platforms they run on, such as AI assistants, Google Sheets and Microsoft Excel, are third-party tools governed by Section 2A.7.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Roedgers is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Roedgers. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Roedgers, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Roedgers.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information. Customer Data submitted to Software Products is handled as described in Section 2A.6.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback", excluding Customer Data and Outputs as defined in Section 2A, in which Roedgers claims no rights), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Roedgers, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services, except as permitted by Section 2A.5; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service. This Section 14.2 applies except as permitted by Section 2A.5.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Access and Account, Sections 2A.5, 2A.6, 2A.7, 2A.8, 2A.9, 2A.10, 2A.12 and 2A.13, Earnings and Results Disclaimer, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, Dispute Resolution; Arbitration; Class Waiver, Notice and Opportunity to Cure, Limitations Period, Tracking Technologies and Consent, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Section 2A.9 applies to all Software Products, Product Materials and Outputs.
EXCEPT AS EXPRESSLY STATED BY ROEDGERS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ROEDGERS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IF ANY LIABILITY OF ROEDGERS IS NOT EXCLUDED BY THIS SECTION, ROEDGERS'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT OR SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID ROEDGERS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (US$100). MULTIPLE CLAIMS DO NOT ENLARGE THIS LIMIT. THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ROEDGERS AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Roedgers, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, (4) Customer Data you submit, (5) your sharing of Outputs, or (6) any activity under your License Key.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
If a file accompanying a product conflicts with these Terms, these Terms control unless a written agreement signed by Roedgers says otherwise.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. Subject to Section 25, you and Roedgers consent to venue and personal jurisdiction in the state and federal courts serving Arlington County, Virginia.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms by email under Section 2A.12, and they take effect on the date stated in the notice, which will be no earlier than the date it is sent. Your continued use of or access to the Services or any Software Product after that date constitutes acceptance of the changes.
SECTION 25 - DISPUTE RESOLUTION; ARBITRATION; CLASS WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
25.1 Agreement to Arbitrate. You and Roedgers agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your access to or use of the Services, or any data collected through the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms, shall be resolved exclusively by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
25.2 Class and Representative Action Waiver. YOU AND ROEDGERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this subsection is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and litigated in court, and all remaining claims shall proceed in arbitration.
25.3 Batch Arbitration. If 25 or more demands for arbitration raising substantially similar claims are filed against Roedgers by or with the assistance of the same law firm or coordinated group of counsel within a 90-day period, the demands shall be administered in sequential batches of no more than 50, with a single arbitrator per batch and a single set of filing fees per batch. You and Roedgers agree to cooperate in good faith with this batching process, and any applicable limitations period shall be tolled for demands awaiting their batch.
25.4 Small Claims Exception. Either party may bring an individual claim in small claims court if the claim qualifies for that forum.
25.5 Opt-Out. You may opt out of this Section by sending written notice to ops@roedgers.com within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out does not affect any other provision of these Terms.
25.6 Survival. This Section survives termination of these Terms and your use of the Services.
SECTION 26 - NOTICE AND OPPORTUNITY TO CURE
Before initiating any arbitration or proceeding, the initiating party must first send the other a written Notice of Dispute. A Notice sent by you must include your name, the email address and mailing address associated with your use of the Services, the approximate dates of the use at issue, a specific description of the claim and the conduct alleged, and the specific relief sought. A Notice that does not contain all of this information, or that is sent on behalf of multiple claimants in substantially identical form, is not effective and does not commence any limitations or response period. The parties shall attempt in good faith to resolve the dispute for 60 days following an effective Notice. No arbitration or proceeding may be commenced until that 60-day period has elapsed. This requirement is an essential precondition to any claim.
Notices to Roedgers must be sent to team@roedgers.com and to Virginia Boys LLC dba Roedgers, 3100 Clarendon Boulevard, Suite 200, Arlington, VA 22201.
SECTION 27 - LIMITATIONS PERIOD
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim accrues. Claims not brought within that period are permanently barred.
SECTION 28 - TRACKING TECHNOLOGIES AND CONSENT
You acknowledge and expressly consent that the Services use cookies, pixels, tags, SDKs, and similar technologies, including technologies operated by third parties such as Meta Platforms, Inc., Klaviyo, Inc., and Shopify Inc., to collect information about your device, browser, and interactions with the Services. You expressly consent to the collection, recording, and transmission of that information to Roedgers and to those third parties as described in our Privacy Policy, and you agree that Roedgers and each such third party are parties to those communications with your authorization.
You may manage your preferences through the consent controls made available on the Services. Where required by applicable law, non-essential technologies are used only after you provide consent through those controls.
Our use of certain advertising technologies constitutes "sharing" of personal information for cross-context behavioral advertising under California law. You may opt out at any time using the "Do Not Sell or Share My Personal Information" link in the footer of the Services, through the cookie preferences control, or by transmitting a Global Privacy Control signal, which we honor. Your rights and how to exercise them are described in our Privacy Policy.
SECTION 29 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at team@roedgers.com.
Our contact information is posted below:
Virginia Boys LLC dba Roedgers
3100 Clarendon Boulevard, Suite 200
Arlington, VA 22201
Email: team@roedgers.com