Terms
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY
Effective Date: 11/01/2019
By accessing or otherwise using these websites, you agree to be contractually bound by these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to use these websites.
Parties
The parties to these Terms of Use are you and the owner of this, https://www.rohrerrevolution.com/ website, Rohrer Revolution, LLC (Company). All references to “we,” “us,” “our,” or this “website,” will be construed to mean Company.
Use And Restrictions
Subject to these Terms of Use and our Privacy Policy, you may use the public areas of these websites, but only for your own internal purposes. You agree not to access (or attempt to access) these websites by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) these websites through any automated means (including the use of scripts or web crawlers).You are not authorized to: (1) Resell, sublicense, transfer, assign, or distribute the websites, their services, or content; (2) Modify or make derivative works based on the websites, their services, or content; or (3) “Frame,” “Scrape,” or “Mirror” the websites, their services, or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
You additionally agree not to: (1) Use the websites in any manner that could disable, overburden, damage, or impair the websites or interfere with any other party’s use of the websites, including their ability to engage in real time activities through the websites; (2) Use any robot, spider or other automatic device, process or means to access the websites for any purpose, including monitoring or copying any of the material on the websites; (3) Use any manual process to monitor or copy any of the material on the websites or for any other unauthorized purpose without our prior written consent; (4) Use any device, software or routine that interferes with the proper working of the websites; (5) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the websites, the server on which the websites are stored, or any server, computer or database connected to the websites; (7) Attack the websites via a denial-of-service attack or a distributed denial-of-service attack; and (8) Otherwise attempt to interfere with the proper working of the websites.
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE. These websites are not intended for use by minors.
Modification
We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on these websites’ homepages. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THESE WEBSITES FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THESE WEBSITES WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
Defamation; Communications Decency Act Notice
These websites are providers of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to these websites by third parties is limited as described in this paragraph. We are not responsible for content or any other information posted to these websites by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigation or verifying the accuracy of any content or any other information contained in such postings.
Monitoring
We reserve the right, but not the obligation, to monitor your access and use of these websites without notification to you. We may record or log your use in a manner as set out in our Privacy Policy which is accessible though the Privacy Policy link on this websites’ homepages. We reserve the right to take appropriate legal action if necessary, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the websites and to terminate or suspend your access to all or part of the websites for any or no reason, including without limitation, any violation of these Terms of Use.
Separate Agreements
You may acquire products, services, and/or content from these websites. We reserve the right to require that you agree to separate terms as a condition of your use and/or purchase of such products, services and/or content. Purchases of products, services, and/or content from these websites are subject to third-party processing terms and separate licensing terms.
Ownership
The material provided on these websites is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of these websites are owned by us and/or others with permitted use by us. Except for the limited rights granted herein, all other rights are reserved to Company.
DMCA Notice
These websites are Internet “service providers” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA). As Required by the DMCA, these websites maintain specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to these websites. All notice should be addressed to the contact person specified below (our agent for notice of claimed infringement).
Rohrer Revolution LLC
1302 George Washington Way
Richland, WA 99354
[email protected]
509-795-0306
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable the access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (1) Description of the copyrighted work that is the subject of claimed infringement; (2) Description of the infringing material and information sufficient to permit us to locate the alleged material: (3) Contact information for you, including your address, telephone number and/or email address: (4) A statement by you that you have a good-faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) A physical or electronic signature of the copyright owner or a person authorized to act on the copy right owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Warranty Disclaimers
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THESE WEBSITES ARE PROVIDED “AS-IS,” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THESE WEBSITES, THESE WEBSITES AND THEIR LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THESE WEBSITES OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THESE WEBSITES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THESE WEBSITES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THESE WEBSITES, THEIR PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THESE WEBSITES IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL THESE WEBSITES AND/OR THEIR LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE WEBSITES; THEIR PRODUCTS, SERVICES, AND/OR CONTENT; ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF THESE WEBSITES OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to These WEBSiteS
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to these websites provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on these websites or other proprietary graphic image in the link without our prior written consent.
Links to Third-Party Websites
We do not review or control third-party websites that link to or from these websites, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party website is on your own initiative and at your own risk, and may be subject to the other website’s terms of use and privacy policy.
Participation in Promotions of Advertisers
You may enter into correspondence with or participate in promotions or advertisers promoting their products, services or content on these websites. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
Consumer Rights Information
If these websites charge for services, products, content, or information, pricing information will be posted as part of the ordering process for these websites. We maintain specific contact information including an email address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section SB 1121. All correspondence should be addressed to our agent for notice at the following address:
Rohrer Revolution LLC
Attn: Rights Officer
1302 George Washington Way
Richland, WA 99354
[email protected]
509-795-0306
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Washington State Consumer Protection Division may be contacted in writing at Attorney General’s Office, Consumer Resource Center, 800 Fifth Avenue, Suite 2000, Seattle, WA 98104 or by telephone at 206-464-6684.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Arbitration
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (AAA) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. Arbitration will take place in Richland, Washington and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Washington, USA to all issues in dispute. The controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment involving a foreign person or entity will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs.
Jurisdiction and Venue
The courts of Benton County, State of Washington, USA and the nearest U.S. District Court in the State of Washington will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
Controlling Law
This Agreement will be construed under laws of the State of Washington, USA, excluding rules regarding conflicts of law. The Application of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded.
Onward Transfer of Personal Information Outside Your Country of Residence
Any personal information which we may collect on these websites will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
Privacy
Please review this websites' Privacy Policy which also governs your visit to these websites. Our Privacy Policy is always accessible on our websites’ homepages.
Severability
If any provisions of these terms are declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
Force Majeure
We will not be liable for damage for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, internet disruptions, hacker attacks, or communications failures.
