Please read the following Terms of Use (“Terms”) carefully before using or visiting the ADP Distributors, Inc. (“Rotomaster”, “we”, “our”, or “us”) website at https://rotomaster.com/ and the services offered thereon (collectively, the “Website”).
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE WEBSITE.
Rotomaster may revise these Terms or the Website, or stop providing the Website at any time and without notice to you. Rotomaster encourages you to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
1. ADDITIONAL POLICIES
Certain features of our Website may be subject to additional guidelines, terms, rules, or policies, which will be posted in connection with such features, including, but not limited to our Privacy Policy, Shipping Policy, Return Policy, and Warranty Policy. Any such additional terms, guidelines, and rules are incorporated by reference into these Terms.
2. USE AND RESTRICTIONS
Subject to these Terms, Rotomaster grants you a non-transferable, non-exclusive, revocable, personal, limited license to use and access the Website. The rights granted to you in these Terms are subject to the restrictions in this Section 2. You are prohibited from using the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass, insult, defame, or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law.
Rotomaster reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Rotomaster will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
3. CONVENIENCE AND INFORMATION
The Website is provided to you as a convenience and for your information only. Your use of the Website is at your own risk. Rotomaster does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) Rotomaster has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Website is accurate or complete.
4. ROTOMASTER ACCOUNTS
In order to use certain features of the Website, you may need to register for an account and provide certain information about yourself. If you create an account, you represent and warrant that: (i) all required information you submit to Rotomaster is truthful and accurate; and (ii) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify Rotomaster of any actual or suspected unauthorized use of your account or any other breach of security at the contact information provided at the end of these Terms. You further agree to provide reasonable assistance to Rotomaster, as requested, to stop or remedy the unauthorized use or other breach of security related to your account. Rotomaster cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
5. PURCHASES
We use an independent third party payment processor to process payments for purchases made on our Website. We do not process your payment, but instead transfer you to a secure network provided by our third party payment processor through which all transactions are processed. Our payment processor may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of our payment processor. For more information regarding our payment processor’s terms and conditions, visit our payment processor’s website and click on its information links or contact our payment processor directly. You release us and our payment processor from any damages that you may incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or Website Content.
All prices are shown at checkout and are subject to change without notice, at the sole discretion of Rotomaster. No guaranty is made that you will be offered the same pricing for the same products and materials in the future or for any new products and materials that become available. We do not warrant that the products purchased through the Website will meet your expectations. We reserve the right to correct any misprints or errors in pricing. We also reserve the right to limit the quantities of, or discontinue, any products that are available on the Website and to limit the sales of the products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We make an effort to display as accurately as possible the colors and images of our products that. We cannot guarantee that your computer monitor’s display of any color will be accurate. The products offered for sale are available while supplies last, and we reserve the right to cease offering any products, in our sole discretion. Any offer for any product, or service made on the Website is void where prohibited.
By providing your credit or debit card information (or other payment method accepted by Rotomaster from time to time) (your “Payment Method”), you authorize our third party payment processor to charge your Payment Method, and represent that any payment information you provide is true and accurate. Rotomaster may obtain pre-approval from your financial institution for an amount as high as the full price. Please note that if you cancel your order, this pre-approval may result in those funds not otherwise being immediately available to you and Rotomaster has no liability or control over those pre-approved funds. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your order. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees that you may incur when charging or retrying your Payment Method, including but not limited to, overdraft fees. In providing a Payment Method, you represent and warrant that you have the full authority to use such Payment Method. Rotomaster reserves the right to cancel any order in its sole discretion.
All refunds will be handled in accordance with our Return Policy. Please review that policy for an explanation on how we handle returns, refunds and exchanges.
Shipping and delivery will be handled in accordance with our Shipping Policy. Please review that policy for an explanation on how we handle shipping and delivery
6. USER CONTENT
“User Content” means any and all information and content that a user submits to, or uses with, the Website, including the submission of feedback, questions, comments, and suggestions. You are solely responsible for your User Content and assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or a third party. Rotomaster cannot guarantee any confidentiality with respect to any User Content. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, suspending or terminating your account, and/or reporting you to law enforcement authorities. You hereby grant (and you represent and warrant that you have the right to grant) to Rotomaster an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content in any manner Rotomaster deems appropriate. You agree that you will not submit to Rotomaster any information or ideas that you consider to be confidential or proprietary.
7. INTELLECTUAL PROPERTY
Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Website and Website Content are owned by Rotomaster. Neither these Terms, nor your access to the Website, transfers to you or any third party any rights, title or interest in or to such intellectual property rights. Rotomaster reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.
8. NO WARRANTIES
THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ROTOMASTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR WEBSITE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. INDEMNIFICATION
You agree indemnify, and hold harmless Rotomaster (and its employees, service providers, suppliers, clients, officers, affiliates, subsidiaries, parents, and agents) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including costs and reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your use of the Website; (ii) your violation of these Terms; (iii) your violation of applicable laws or regulations; (iv) your User Content; or (v) your willful misconduct. Rotomaster reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Rotomaster. Rotomaster will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROTOMASTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF ROTOMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE WEBSITE CONTENT, AND THE WEBSITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. TERMINATION
These Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website (including your account, if any) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Website will terminate immediately. You understand that any termination of your account may involve permanent deletion of your User Content associated with your account. Rotomaster will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content.
12. Governing Law; Jurisdiction and Venue
You agree that all matters relating to your access to, or use of, the Website or Website Content will be governed by the laws of the State of Delaware, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Delaware with respect to such matters.
13. Age Restriction
You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms, and abide by and comply with these Terms. We assume no responsibility or liability for your misrepresentation of any of these facts.
14. Privacy
Rotomaster collects and uses personal information about you when you access and use the Website in accordance with its Privacy Policy.
15. Electronic Communications
By using the Website, you consent to receive electronic communications from Rotomaster unless you follow applicable opt-out procedures. Rotomaster will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
16. Third Party Links
The Website may include links content provided by third parties (“Third Party Content”). Third Party Content is provided for your convenience and information only. Third Party Content is not under the control of Rotomaster and Rotomaster is not responsible for the content of any Third Party Content. The inclusion of Third Party Content does not imply endorsement, affiliation, partnership, or sponsorship by Rotomaster. Use of any Third Party Content is at your own risk.
17. Local Laws
Rotomaster makes no representation that the Website is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with applicable local laws.
The Website may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website, or any products utilizing such data, in violation of the United States export laws or regulations.
18. Changes
Rotomaster may revise these Terms or the Website, or stop providing the Website at any time and without notice to you. Rotomaster encourages you to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
19. Contact
For questions on these Terms, please email us at ecommerce [at] rotomaster.com.
Last updated on June 3, 2021