ROVEMA NORTH AMERICA, INC. TERMS OF WEBSITE USE
Effective: June 10, 2016
The www.rovema-na.com Site is owned and operated by Rovema North America, Inc., a Georgia corporation (“Company” or “our” or “we”). These Terms of Service (“Terms of Service” or “Agreement”) govern your use of the www.rovema-na.com Site, any Content (as defined herein), or other products or services that are offered or provided by Company (collectively, the “Site”), and this Agreement is a contract between you and the Company.
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Company, including through a registration process or other means. In the event of a conflict between the Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time.
Company hereby grants you a limited, nonexclusive, non-assignable, nontransferable license to access and use the Site solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by these Terms of Service are reserved by Company. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. Company may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available or restrict the amount of use permitted at Company’s sole discretion and without prior notice or liability. You agree that Company may, under certain circumstances and with or without cause, immediately suspend and/or terminate your access to the Site or any part thereof. You further agree that such measures shall be taken in Company’s sole discretion and without liability to you or any third party.
Unless otherwise specifically noted in these Terms of Service or on the Site, images, trademarks, service marks, logos and icons displayed on the Site are the property of Company and/or its licensors and may not be used without Company’s prior written consent. Any unauthorized use of any Content, whether owned by Company or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Site or any part thereof or grant any other person or entity the right or access to do so.
You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Company or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content posted by users via the Site (“User Content”) is the intellectual property of the specific users of the Site who post such User Content. By posting or delivering User Content, you hereby grant to Company a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
Company does not generally monitor or otherwise remove User Content after it is posted on the Site except as required or permitted by law or otherwise in the sole discretion of Company, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Service. Company does not make any warranties or representations regarding any of the User Content. Company does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. Company is not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.
Company may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the Company may transfer information collected from users in connection with a sale or restructuring of Company.
5. User Representations
You hereby represent and warrant to Company that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement, including, if you are below the age of 18, but between 13 and 18 years of age, you may access the Site only with the consent of a parent or guardian; (ii) all information provided by you to Company is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms of Service and any other agreement to which you are subject that is related to your use of the Site or any part thereof. For any User Content that you post via the Site, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant Company the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.
6. Prohibited Uses
You agree not to: (a) use the Site to post material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use the Site to post content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use the Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (d) use the Site to post viruses, trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use the Site to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; or (f) use the Site to engage in any activity that, as determined by Company, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:7. EXCLUSION OF WARRANTIES / DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND ANY COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ANY SUCH USE OF THE CONTENT OR THE SITE, OR THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION FROM THE SITE OR CONTENT SHALL BE AT YOUR SOLE RISK. ALTHOUGH Company USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE COMPANY’s CONTENT IS AS ACCURATE AS POSSIBLE, Company GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR company CONTENT posted or otherwise made available therein. FURTHER, Company DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY company CONTENT OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR company CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR company CONTENT WILL MEET YOUR EXPECTATIONS. Company EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE OR company CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.
ANY company CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH company CONTENT OR MATERIAL.8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM the inability to access or utilize ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL Company’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
SOME JURISDICTIONS DO 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 MAY NOT APPLY TO YOU.9. Release / Indemnification
You agree to release Company, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Content. If at any time you are not happy with the Site or the Content or object to any material within the Site or the Content, your sole remedy is to cease using them.
You agree to defend, indemnify and hold harmless Company, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or any part thereof, (b) any User Content you post via the Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of Company or third parties by you, or (e) any negligence or willful misconduct by you.10. Governing Law, Injunctive Relief, and Venue
The validity and effect of these Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts or choice of laws principles.
You and Company agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Company which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you and Company agree that Company has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Company may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.
ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS OF SERVICE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF COMPANY, MUST BE BROUGHT IN FEDERAL OR STATE COURT LOCATED IN OR SERVING COUNTY OF GWINNETT, GEORGIA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.11. Copyright and Copyright Notices
Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site sufficient to
allow us to locate the allegedly infringing material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact Company’s Copyright Agent for Notice of Claims of copyright infringement at: firstname.lastname@example.org. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.12. Changes to Terms of Service
Company reserves the right to, in its sole discretion, change, modify, add or remove portions of this Agreement at any time without prior notice. Changes in this Agreement will be effective when notice of such change is posted. In the event of a conflict between these Terms of Service and any changes, modifications, or additions in policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control. Your continued use of the Site and Content after any changes to this Agreement are posted will be considered binding acceptance of those changes.13. Miscellaneous
No joint venture, partnership, employment or agency relationship exists between you and Company as a result of this Agreement or your use of the Site or the Content. Those provisions outlined here that normally would survive after you cease using the Site and Content will survive. This Agreement constitutes the entire and only understanding between you and Company. In the event of any conflict between this Agreement and any policy or statement regarding your use of the Site, this Agreement will govern. Notices sent to you by Company in connection with this Agreement will be delivered to you electronically or by written communication delivered by first class U.S. mail to your address on record in the account information. You may give notice to Company’s customer service on the Site or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Rovema North America, Inc., 4366-A Shackleford Road, Norcross, GA 30093
In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or Users shall include such entity or person in addition to you, you represent and warrant that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to this Agreement, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement is severable to the extent any term(s) is deemed invalid, illegal, or unenforceable. Company’s failure to enforce any provision of this Agreement will not be deemed a waiver of that or any other provision of this Agreement.