TERMS AND CONDITIONS OF USE
PLEASE READ CAREFULLY
By accessing, browsing and/or using the pages in this Site, you agree to
these terms and conditions. If you do not agree, you should not use this
Site.
RESTRICTIONS ON USE
The materials published in this site and any other World Wide Web site owned,
operated, licensed, or controlled by Rotomec spa or any of its related,
affiliated or subsidiary companies (collectively the "Materials") may not
be copied or distributed, or republished, uploaded, posted or transmitted
in any way, without the prior written consent of Rotomec spa or any of its
relevant related, affiliated or subsidiary company or companies, as the case
may be, EXCEPT: you may download one copy of the Materials on one computer
for use on that computer only, provided you do not delete or change any
copyright, trademark or other proprietary notices, and provided you do not
further copy or post the Materials on any network computer or distribute
the Materials in any media. Modification or use of the Materials for any
other purpose violates Rotomec's intellectual property rights. Rotomec owns
or has licensed all Materials contained in this Site and retains all right
and title to them. The Materials in this Site are provided for lawful purposes
only.
SOFTWARE LICENSES
Any software downloaded from this Site, including, without limitation, all
files, images and/or applets contained in or generated by software, and
accompanying data (together, the "Software") is licensed to you by Rotomec
for use on the computer described in the preceding paragraph only. Neither
title nor intellectual property rights, except for the limited license rights
granted in this Section, are transferred to you, but remain with Rotomec,
which owns full and complete title. You may not decompile, reverse engineer,
disassemble, copy, adapt, translate or modify the Software. You also may
not resell, lease, sublicense or otherwise transfer the Software to any third
party. We reserve the right to terminate this limited license at any time.
USER IDS AND PASSWORDS
You will be solely responsible for the maintenance and security of your login
identifier and password. Your login identifier and password are unique to
you, and you agree not to disclose or share your login identifier and password
with any third party. Rotomec reserves the right to deny or revoke access
to this Site, or any part thereof, at any time in our sole discretion, with
or without cause. Your access to this Site will terminate upon the termination
of this Agreement for any reason.
DISCLAIMER
THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. ROTOMEC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. ROTOMEC DISCLAIMS ALL
WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. ROTOMEC DOES NOT WARRANT THE AVAILABILITY OF THE SITE,
THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROTOMEC DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT
OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE.
YOU (AND NOT ROTOMEC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT
THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. EQUAL
OPPORTUNITY EMPLOYER Rotomec is an equal opportunity employer committed to
a diverse workforce. RESTRICTION OF LIABILITY ROTOMEC WILL NOT BE LIABLE
FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT
NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
SNAP-ON WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED
TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS IN THIS SITE,
EVEN IF THERE IS NEGLIGENCE BY ROTOMEC OR BY AN AUTHORIZED ROTOMEC
REPRESENTATIVE, OR AN AUTHORIZED ROTOMEC REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. ROTOMEC'S
TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT
BE GREATER THAN THE AMOUNT YOU PAID TO ROTOMEC, IF ANY, TO ACCESS THIS SITE.
PRODUCTS AND PRICING
All Rotomec products are subject to Rotomec's standard Terms and Conditions
of Product Sale unless otherwise specified. Product prices, configurations,
and availability are subject to change at any time by Rotomec. Including
changes to pricing and Terms and Conditions of Product Sale.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated
to Rotomec through this Site (together, the "Submission") will forever be
the property of Rotomec and you waive all of your rights, including but not
limited to moral rights, therein if applicable. Rotomec will not be required
to treat any Submissions as confidential, and will not be liable for any
ideas for its business (including without limitation, product or advertising
ideas) and will not incur any liability as a result of any similarities that
may appear in future Rotomec operations. Without limitation, Rotomec will
have exclusive ownership of all present and future existing rights to the
Submission of every kind and nature everywhere. Except as noted below in
the last paragraph of this section, Rotomec will be entitled to use the
Submission for any commercial or other purpose whatsoever without compensation
to you or any other person sending the Submission. You are responsible for
the content of the Submission and agree to defend (at Rotomec's option and
at your sole expense), indemnify and hold Rotomec harmless from any damages,
losses, costs, or expenses, including attorneys' fees, which Rotomec may
incur as a result of your Submission. Rotomec retains the right to review,
edit, or delete from this Site any Submission which Rotomec in its sole
discretion considers illegal, offensive, or otherwise inappropriate. You
are solely responsible for maintaining and keeping secure your Rotomec account
information.
LINKS
At certain places on this Site, live "links" to other Internet addresses
can be accessed. Such external Internet addresses contain information created,
published, maintained, or otherwise posted by organizations independent of
Rotomec. Rotomec does not endorse, approve, certify, maintain, or control
these external Internet addresses and does not guarantee the accuracy,
completeness, efficacy, timeliness, or correct sequencing of information
located at such addresses. Rotomec provides the links only as a convenience.
Use of any information obtained from such addresses is voluntary, and reliance
on it should only be undertaken after an independent review of its accuracy,
completeness, efficacy, and timeliness. Neither the inclusion of the link
in this Site nor reference therein to any specific commercial product, process,
or service by trade name, trademarks, service mark, manufacturer, or otherwise
constitutes or implies endorsement, recommendation, or favoring by Rotomec.
There may be circumstances where access to this Site is provided by a hypertext
link located at another site. Rotomec has no responsibility for the content
of such other sites, Rotomec does not make any representations or give any
warranties or conditions with respect to any information contained in or
at these other sites and Rotomec shall not be liable for any damages or injury
arising from the content of or access to these other sites. Rotomec does
not endorse the individuals, companies or other similar entities, or any
products or materials associated with such individuals, companies or other
similar entities, which provide a link to this Site. Unless approved in writing
in advance by Rotomec, you agree not to: (a) provide or create a link to
this Site; and (b) create any frames at any other sites pertaining to any
of the Materials located at this Site. You also agree not to post any materials
at this Site without the express written permission of Rotomec.
TERMINATION
Rotomec or you may terminate this agreement at any time. You may terminate
this agreement by destroying: (a) all Materials obtained from the Site, and
(b) all related documentation and all copies and installations. Upon termination,
you must destroy all Materials including, without limitation, permanently
deleting all Materials from any computer and/or media and, upon Rotomec's
request, certify in writing that all Materials have been destroyed.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, all Materials on this Site are made available
only to provide information about Rotomec. Rotomec controls and operates
this Site from its headquarters in Nogara, Verona, Italy and makes no
representation that these Materials are appropriate or available for use
in other locations. If you use this Site from other locations, you are
responsible for compliance with applicable local laws including, without
limitation, all export laws. All information available at this Site may be
subject to Italian export control laws and may also be subject to the laws
of the country where you reside. All Rotomec products and publications are
commercial in nature. Access to this Site and its terms and conditions are
governed by italian law, excluding any conflict of laws provisions that would
refer to and apply the substantive laws of another jurisdiction. ANY LEGAL
ACTIN OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL
BE INSTITUTED ONLY BY THE COURT OF VERONA AND, IN THE CASE OF ARBITRATION
THE ARBITRATION SHALL TAKE PLACE IN VERONA, ITALY ACCORDING TO THE PROCEDURE
SET FORTH BELOW. YOU AND ROTOMEC AGREE TO SUBMIT TO THE JURISDICTION OF,
AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION
OR PROCEEDING.
MODIFICATIONS TO TERMS AND CONDITIONS
Rotomec can revise these Terms and Conditions at any time by modifying or
updating this posting. Your use of this Site on or after the effective date
of any such modification or update will constitute your acceptance of these
Terms and Conditions as modified and/or updated.
MISCELLANEOUS
If any part of these Terms and Conditions is unlawful, void, or unenforceable,
that part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. Any information related to your
use of this Site for illegal purposes will be provided to law enforcement
authorities. These Terms and Conditions and the Privacy Policy constitute
the entire agreement between the parties relating to the use of this Site.
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