CONDITIONS OF USE
Welcome to Rotobrush.com. Rotobrush International LLC, a Delaware limited
liability company, and its affiliates provide their services to you subject to the
following conditions. If you visit or shop at Rotobrush, you accept these
conditions. Please read them carefully. In addition, when you use any current or
future Rotobrush service or visit or purchase from any business affiliated with
Rotobrush, whether or not included in the Rotobrush Web site, you also will be
subject to the guidelines and conditions applicable to such service or business.
ELECTRONIC COMMUNICATIONS
When you visit Rotobrush or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of Rotobrush or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this site is
the exclusive property of Rotobrush and protected by U.S. and international
copyright laws. All software used on this site is the property of Rotobrush or its
software suppliers and protected by United States and international copyright
laws.
TRADEMARKS
Roto-vision, AIRQC, AIR QC, Rotobrush, Beneg, and other marks and designs
indicated on our site are registered trademarks of Rotobrush or its affiliates, in
the United States and other countries. Other Rotobrush names, designs, graphics,
logos, page headers, button icons, scripts, and service names are trademarks or
trade dress of Rotobrush or its subsidiaries. Rotobrush's trademarks and trade
dress may not be used in connection with any product or service that is not
Rotobrush's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Rotobrush. All other trademarks
not owned by Rotobrush or its subsidiaries that appear on this site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Rotobrush or its subsidiaries.
LICENSE AND SITE ACCESS
Rotobrush grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with the prior written consent of Rotobrush. This license does not
include any resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of Rotobrush. You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
Rotobrush and our affiliates without express written consent. You may not use
any meta tags or any other “hidden text” utilizing Rotobrush's name or
trademarks without the prior written consent of Rotobrush. Any unauthorized
use terminates the permission or license granted by Rotobrush. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to the home
page of Rotobrush so long as the link does not portray Rotobrush, its affiliates,
or their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Rotobrush logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account or
password. If you are under 18, you may use Rotobrush only with involvement
of a parent or guardian. Rotobrush and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Rotobrush may make available to visitors the opportunity to post reviews,
comments, or other content; send e-cards and other communications; and/or
submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of “spam.” You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other content.
Rotobrush reserves the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant Rotobrush and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Rotobrush and its
affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that you will
indemnify Rotobrush or its affiliates for all claims resulting from content you
supply. Rotobrush has the right but not the obligation to monitor and edit or
remove any activity or content. Rotobrush takes no responsibility and assumes
no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Rotobrush and its affiliates respect the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims of
Copyright Infringement.
RISK OF LOSS
All items purchased from Rotobrush are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
Rotobrush and its affiliates attempt to be as accurate as possible. However,
Rotobrush does not warrant that product descriptions or other content of this site
is accurate, complete, reliable, current, or error-free. If a product offered by
Rotobrush itself is not as described, your sole remedy is to return it in unused
condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed for the product itself. For certain
items that are offered as a set, the List Price may represent “open-stock” prices,
which means the aggregate of the suggested retail price for each of the items
included in the set.
OTHER BUSINESSES
Parties other than Rotobrush and its subsidiaries may, with Rotobrush’s prior
written consent, operate stores, provide services, or sell product lines on this
site. In addition, we may from time to time provide links to the sites of affiliated
companies and certain other businesses. We are not responsible for examining
or evaluating, and we do not warrant the offerings of, any of these businesses or
individuals or the content of their Web sites. Rotobrush does not assume any
responsibility or liability for the actions, product, and content of all these and
any other third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ROTOBRUSH ON AN “AS IS” AND “AS
AVAILABLE” BASIS. ROTOBRUSH MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
ROTOBRUSH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ROTOBRUSH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM ROTOBRUSH ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ROTOBRUSH WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW.
By visiting Rotobrush, you agree that the laws of the State of New York,
without regard to principles of conflict of laws, will govern these Conditions of
Use and any dispute of any sort that might arise between you and Rotobrush or
its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Rotobrush or to products you
purchase through Rotobrush shall be submitted to confidential arbitration in
New York, New York, except that, to the extent you have in any manner
violated or threatened to violate Rotobrush's intellectual property rights,
Rotobrush may seek injunctive or other appropriate relief in any state or federal
court in the State of New York, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site.
These policies also govern your visit to Rotobrush. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any of
these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
OUR ADDRESS
Rotobrush International LLC
801 Hanover Drive, Suite 700
Grapevine, Texas 76051
phone: (682) 223.5111
fax (682) 223.5112
e-mail:
contact us
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide Rotobrush's copyright lawyer the written
information specified below. Please note that this procedure is exclusively for
notifying Rotobrush and its affiliates that your copyrighted material has been
infringed.
i. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
ii. A description of the copyrighted work that you claim has been infringed
upon;
iii. A description of where the material that you claim is infringing is located on
the site, including the auction ID number, if applicable;
iv. Your address, telephone number, and e-mail address;
v. 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;
vi. 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.
Rotobrush's Copyright Lawyer for notice of claims of copyright infringement
on its site can be reached as follows:
The Company’s Copyright Lawyer:
Neal R. Platt, Esq.
Law Offices of Jack M. Platt, Esq.
1270 Avenue of the Americas, Suite 2602
New York, New York 10020
phone: (212) 332-3332
fax: (212) 332-3315
