Terms & Conditions of Website

Revision Date: November 9, 2022

RosTech, LLC (“RosTech,” “we,” or “us”) is committed to making your use of our services as comfortable as possible.  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of our websites that display or link to these Terms of Use (including rostechusa.com) (collectively, this “Website”), including any content, functionality, and services offered on or through this Website, whether as a guest or a registered user.  

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. IF THE TERMS OF USE OR THE PRIVACY POLICY IS NOT ACCEPTABLE TO YOU FOR ANY REASON, YOU SHOULD EXIT THIS WEBSITE IMMEDIATELY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS IT.

RosTech reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of the Website after the effective date of any changes is deemed acceptance of the revised Terms of Use. For this reason, we encourage you to review these Terms of Use each time you visit the Website.

  1. AGE OF USERS

By accepting these Terms of Use, you certify that you are 18 years of age or older. If you are under the age of 18 but are at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

  1. USE OF WEBSITE MATERIALS

RosTech grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, use, and print individual pages of the Website for your personal, non-commercial use. Unless otherwise noted, the design of and all materials on this Website, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress, and other intellectual property (“Content”) are owned, controlled, or licensed by RosTech or other providers of such material. The Website is intended for personal and non-commercial use only. The Content provided on this Website is to be used for informational purposes only. No right, title, or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell, or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.

This Website provides information about products and services to consumers only. This license does not include and strictly prohibits: any resale or export of the Website or its Content, including any products; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; or any derivative use of the Website or its Content; or any use of data mining, robots, or similar data gathering or extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by RosTech and its licensors, suppliers, and Content providers. RosTech reserves the right to terminate this license and your access to this Website in the event you fail to comply with any of these Terms of Use or our Privacy Policy.

  1. COPYRIGHTS AND TRADEMARKS

RosTech, this Website, and other Content on this Website are subject to trademark, service mark, trade dress, copyright, or other proprietary or intellectual property rights or licenses held by RosTech or its affiliates. RosTech will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law, including by seeking civil remedies and criminal prosecution. Other trademarks, product names, and company names or logos used on this Website are the property of their respective owners. The misuse of any Content, including any intellectual property displayed on this Website or other Content from this Website, is strictly prohibited. RosTech has a no-tolerance policy regarding third-party use of our trademarks or names in metatags, hidden text, ad keywords, or otherwise without the prior written consent of RosTech. More specifically, the unauthorized use of our trademarks or names in metatags, keywords, page text, hidden text, or ad keywords in conjunction with search engines constitutes trademark infringement and unfair competition. Linking to this Website is prohibited absent express written permission from RosTech. Framing, online linking, or other association of this Website or its materials and Content, including, but not limited to, with links, advertisements, or other information not originating from this Website is expressly prohibited.

  1. LINKS TO THIRD-PARTY WEBSITES

This Website may contain links to other websites that are not owned or controlled by RosTech. RosTech has no responsibility for the content of the linked websites nor does it necessarily endorse the linked sites or the products offered therein. RosTech provides the links solely for your convenience. You should carefully review the terms of use and privacy policies on any third-party site. Access to any third-party sites is at your own risk and RosTech will have no liability arising out of or related to such websites or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on, any such content, goods or services available on or through any such third-party sites.

  1. USER-GENERATED CONTENT

If you submit or otherwise make available, comments, reviews, suggestions, ideas, and other content to RosTech or otherwise disclose, submit, or offer such information (collectively, “User Contribution”), you represent and warrant that you own or otherwise control all of the rights to the User Contribution and that it complies with the content standards set forth in Section 6 below. With respect to any User Contribution submitted or made available for inclusion on this Website, you grant RosTech a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive right and license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense such User Contribution, all without any payment to you or further authorization from you. You grant RosTech the right to use the name, age range, and state of residence that you submit in connection with such User Contribution, if RosTech chooses to do so. RosTech shall not be limited in any way in its use, commercial or otherwise, of any User Contribution. RosTech is under no obligation to maintain any User Contribution in confidence, pay you any compensation for any User Contribution, or respond to any User Contribution.

The posting of any User Contribution does not constitute RosTech’s endorsement of such User Contribution. RosTech cannot ensure prompt removal of objectionable material after it is posted. Accordingly, RosTech assumes no responsibly or liability for any action or inaction regarding any User Contribution and has no liability for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential, or punitive damages, personal injury or wrongful death in connection with any User Contribution. RosTech reserves the right, but shall not be obligated, to edit or remove any User Contribution.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through this Website in a way that infringes your intellectual property rights, please inform our designated Copyright Agent by email to [email protected]. Pursuant to the Digital Millennium Copyright Act, to be effective, you must include the following information in your written notice:

  • A detailed description of the copyrighted work you believe is being infringed;
  • A description (such as the subdomain link) of the location on this Website where the allegedly infringing content appears;
  • Your contact information, including name, address, telephone number, and, if available, email address;
  • A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
  • A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
  • An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement in connection with this Website. Contacts for other matters are provided elsewhere through this Website.

  1. PROHIBITED USES

You shall not knowingly post, transmit, redistribute, upload, or promote any User Contribution, communication, content, or other materials to or from this Website that:  (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially or ethnically derogatory, or otherwise violate any right of any third party; (c) are likely to upset, embarrass, alarm, inconvenience, or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals, or entities; (f) impersonate any person, business or entity, including our company or our employees or agents or are likely to deceive any person; (g) encourage conduct that would constitute a criminal offense; (h) involve commercial activities, sales, contests, sweepstakes or other sales promotions, bartering, or advertising; (i) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case; (j) give rise to civil liability; (k) violate any law; or (l) amount to any conduct that, in the judgment of RosTech, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying this Website, or may harm RosTech or users of this Website or expose them to liability. In addition to any remedies that RosTech may have at law or in equity, if RosTech determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. RosTech will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone submitting such materials.

  1. RELIANCE ON INFORMATION POSTED

The information presented on or through this Website is made available solely for general information purposes and convenience. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. RosTech disclaims all liability and responsibility arising from any reliance placed on such materials by you or anyone informed of its contents. On occasion, this Website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, or availability. We reserve the right to correct errors at any time without prior notice. Prices are quoted in U.S. Dollars and are valid only in the United States. We reserve the right to change pricing at any time.

  1. AVAILABILITY

The content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Unless indicated otherwise, most products featured on this Website will be available on a first-come, first-serve basis. When a product or service displayed on our Website is no longer available, we will take reasonable steps to remove that item from our Website or indicate that it is no longer available.

  1. DISCLAIMER OF WARRANTY

YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ROSTECH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND ROSTECH MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ROSTECH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON OR THROUGH THIS WEBSITE.

  1. LIMITATION OF LIABILITY

IN NO EVENT WILL ROSTECH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER LINKED WEBSITES, AND ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ROSTECH IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE ORDERED FROM ROSTECH, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH ANY APPLICABLE RETURNS AND REFUNDS POLICIES.

ROSTECH CANNOT AND DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THIS WEBSITE.

  1. INDEMNIFICATION

By using this Website, you agree to defend, indemnify and hold RosTech, its subsidiaries, affiliates, successors and assigns, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, and suppliers harmless, to the maximum extent permitted by applicable law, from and against any and all claims, liabilities, judgments, awards, losses, damages and costs and expenses, including reasonable attorneys’ fees, related to or arising from your use of this Website or the material provided therein or any breach by you of these Terms of Use.

  1. WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of this Website by, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to this Website, including, without limitation, via means of submitting a virus to this Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping this Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website; or (g) otherwise attempting to interfere with the proper working of this Website or engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by RosTech, may harm RosTech or users of this Website or expose them to liability. Violations of RosTech’s system or network security may result in civil and criminal liability. RosTech will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

  1. NOTICE AND ELECTRONIC COMMUNICATIONS

When you visit this Website or send emails, text messages, or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text, or by posting notices and messages on this Website. 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.

  1. PRIVACY STATEMENT

RosTech is committed to protecting the privacy of the visitors to this Website. For information on how information is collected, used or disclosed by RosTech in connection with your use of this Website, please consult our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. REVISIONS TO WEBSITE AND TERMS

RosTech may terminate, change, suspend, or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. RosTech also reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms of Use in whole or in part, at any time and without notice. RosTech may terminate any authorization and rights given above at any time and without notice. Your continued use of this Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. In the event that you do not agree to any changes or modifications of these Terms of Use, you should not continue to use this Website.

  1. JURISDICTION & GOVERNING LAW

This Website is controlled and operated by RosTech from its offices in Dallas, Texas. All matters relating to this Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with applicable federal law and the laws of the state of Texas without regard to any choice or conflict of law provisions or rules. By accessing or using this Website, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the State of Texas and County of Dallas, for all disputes arising out of or relating to this Website, these Terms of Use, and any dispute of any sort that might arise between you and RosTech that are heard in court. You waive any and all objections to the exercise of jurisdiction over you by such court and to venue in such court.

  1. INTERNATIONAL LAW

This Website and its content are intended to comply with U.S. laws and regulations. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. RosTech makes no representation that materials on this Website are appropriate or available for use outside of the United States.

  1. GENERAL

These Terms of Use, the Privacy Policy, and any other relevant documents or policies incorporated herein or set forth on this Website constitute the sole and entire agreement between you and RosTech with respect to this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to this Website. In the event of a violation of these Terms of Use, RosTech reserves the right to seek all remedies available by law and in equity. No waiver by RosTech of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RosTech to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, dispute resolution, and confidentiality, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms of Use, shall survive the expiration or termination of these Terms of Use.

  1. ADDITIONAL ASSISTANCE

If you have any questions or comments, we invite you to contact our Customer Service Department.  The Customer Service Department can be reached by email at [email protected].  See Section 5 above regarding the procedure for notices of alleged copyright infringement.