Terms & Conditions

 

Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service.  These Terms of Use are subject to change by Company at any time, effective when posted on the Service.  Your continued use after such notice will constitute acceptance by you of such changes.

 

Use of the Service.  You may use this Service solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.  

 

Registration.  You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account.  Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.  All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity.  You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.  

 

Termination of Access.  In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time.  

 

Privacy:  The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we use such information, please read our Privacy Policy at www.roccommerce.com/privacy-policy.

 

Links.  This Service may contain links to other web sites not maintained by us.  These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit.  We are not responsible for the practices or the content of such other web sites or services.  Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

 

Our Proprietary Rights.  Company or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service.  Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms of Use are reserved by Company.

 

No Warranties.  THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

 

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10).

 

Indemnity.  You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.  

 

Governing Law.  The laws of the State of Illinois shall govern these Terms of Use.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN ILLINOIS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.  

 

Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you.  Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

 

Dispute Resolution.  Any dispute arising out of this Agreement will be resolved using the American Arbitrations Association in Illinois with one arbitrator.  YOU UNDERSTAND AND AGREE THAT YOU WOULD OTHERWISE HAVE THE RIGHT TO TRIAL BY JURY, BUT ARE HEREBY WAIVING SUCH RIGHTS.

 

Severability.  If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. 

 

Waiver; Remedies.  The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

 

Contact Information.  Should you have any questions you may contact us at [email protected].