©
2009 Roberts-Gordon Europe Limited
All rights
reserved. No part of this work covered by the copyrights herein may
be reproduced or copied in any form or by any means - graphic,
electronic, or mechanical, including photocopying, recording,
taping, or information storage and retrieval systems - without
written permission of Roberts-Gordon Europe Limited.
WEBSITE TERMS OF USE
NOTICE: By using
this Website (the "Website") you are indicating that you have read
and agree to be bound by these Website Terms of Use (the "Terms").
If you do not agree to the Terms, do not use the Website.
"You" or "Your"
means (i) in the case of a natural person, the user of the Website,
or (ii) in the case of a legal entity, the legal entity on whose
behalf the user is accessing the Website or the legal entity who has
actual or beneficial ownership of the computer by which the user is
accessing the Website.
1. License
to Use.
Roberts-Gordon Europe Limited grants you a limited, nonexclusive and
non-transferable license to access and print the Website only for
your personal and internal use, subject to the Terms. You agree not
to delete any identifying marks, copyright or proprietary right
notices on the Website. This license is conditioned on your
continued compliance with the Terms. All rights not expressly
granted herein are reserved to Roberts-Gordon Europe Limited.
2.
Information Purposes Only.
This Website provides
information regarding the goods, services and business of
Roberts-Gordon Europe Limited and may be used for informational
purposes only. This Website does not constitute an offer to sell you
any product or service, or a solicitation for you to make an offer
to purchase any product or service.
ANY PRODUCT OR
SERVICE DISPLAYED ON THE WEBSITE IS SUBJECT TO THE TERMS OF THE
WRITTEN WARRANTY AND/OR THE WRITTEN Roberts-Gordon Europe Limited
TERMS AND CONDITIONS FOR SALES PROVIDED WITH SUCH PRODUCT OR
SERVICE. In any case, any terms or conditions different from or
additional to the Roberts-Gordon Europe Limited Terms and Conditions
for Sales contained in any purchase order or other document you may
send to Roberts-Gordon Europe Limited are rejected.
3.
Intellectual Property.
The Website,
including all text, pictures, audio, video, information and other
content, and including the selection, coordination, arrangement,
and/or enhancement of such Material (the "Material") is the property
of Roberts-Gordon Europe Limited or its licensee(s), and is
protected by copyrights, trademarks, trade secrets, or other
proprietary rights under United States and International law.
Without the
express written consent of Roberts-Gordon Europe Limited you may not
modify, remove, delete, augment, copy, reproduce, publish, transmit,
create derivative works from, participate in any of the
aforementioned activities or in any way exploit any of the Material
on the Website, in whole or in part. Any use of the Website or the
Materials other than as expressly set forth in the Terms is strictly
prohibited.
4.
Disclaimer of Warranties.
You agree that use of
the Website is at your sole risk. THE WEBSITE AND MATERIAL IS
PROVIDED BY ROBERTS-GORDON EUROPE LIMITED "AS IS," "WHERE IS," AND
"WHERE AVAILABLE."
Roberts-Gordon
Europe Limited DOES NOT make any warranty as to the results that may
be obtained from the use of the Website, or as to the accuracy,
completeness, reliability, security or currency of the Material. The
Material may contain errors, omissions, inaccuracies, or outdated
information. Further, Roberts-Gordon Europe Limited does not warrant
reliability of any advise, opinion, statement or other information
displayed on the Website.
SOME JURISDICTIONS
LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH
JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
5.
Limitation of Liabilities.
YOU AGREE THAT
ROBERTS-GORDON EUROPE LIMITED SHALL NOT BE LIABLE FOR ANY DAMAGES,
LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR
USE OF THE WEBSITE OR THE MATERIAL, REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT
SHALL ROBERTS-GORDON EUROPE LIMITED BE LIABLE TO YOU FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
(INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION
OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY
WAY RELATED TO THE WEBSITE OR THE MATERIAL, REGARDLESS OF WHETHER
ROBERTS-GORDON EUROPE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
6.
Submitted Information.
Any information you
submit to Roberts-Gordon Europe Limited by or through the Website
(including your personal information) is non-confidential and may be
used by Roberts-Gordon Europe Limited for any lawful purpose.
Neither
Roberts-Gordon Europe Limited nor any of its employees accepts or
considers unsolicited ideas, including ideas for new or improved
products, services, or advertising. Please do not send any original
creative artwork, samples, ideas or other items. The sole purpose of
the foregoing is to avoid potential misunderstandings or disputes if
ROBERTS GORDON® products, services or marketing strategies appear to
be similar to those submitted. If despite the foregoing, you send an
unsolicited idea to Roberts-Gordon Europe Limited, Roberts-Gordon
Europe Limited will not be obligated to treat the idea as
confidential and may use the idea for any lawful purpose without
incurring any obligation to you, including any obligation to pay you
money.
7. Lawful
Use.
As a condition of your use of the Website, you will not use the
Website for any purpose that is unlawful or prohibited by the Terms.
You will not use the Website in any manner that could damage,
disable, overburden, or impair any server, or the network(s)
connected to any server, that is actually or beneficial owned by
Roberts-Gordon Europe Limited You may not attempt to gain
unauthorized access to any computer system actually or beneficially
owned by Roberts-Gordon Europe Limited, through hacking, password
mining or any other means.
8. Legal
Matters.
The Website is
controlled, operated and administered by Roberts-Gordon Europe
Limited from it offices. Roberts-Gordon Europe Limited makes no
representation that the Website or the Material is appropriate or
available for use at other locations outside of the United States
and access to the Website or Material from territories where the
content is illegal is prohibited. If you access this site from
locations outside of the United States, you are responsible for
compliance with all local laws.
The Terms shall be
governed by the laws of the State of New York, USA, without giving
effect to its conflict of laws provisions, AND SHALL NOT BE GOVERNED
BY THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR
INTERNATIONAL SALES OF GOODS.
Regardless of
where you reside or where you transact business with Roberts-Gordon
Europe Limited, you agree that any transaction with Roberts-Gordon
Europe Limited shall be deemed to have occurred solely and
completely within New York state and with respect to any dispute you
may have with Roberts-Gordon Europe Limited you irrevocably agree to
submit to the personal and exclusive jurisdiction of the courts
located within Erie County, New York, USA.
Any cause of
action you may have with respect to your use of the Website must be
commenced within one (1) year after the occurrence of the fact or
circumstance on which the claim or cause of action is based.
9.
Modifications.
Roberts-Gordon Europe
Limited may revise the Terms at any time without notice to you,
which revisions will become effective upon the date they are first
posted to the Website. It is your responsibility to return to the
Website from time to time to review the most current Terms. Any new
Terms will supercede any prior or subsequent terms or conditions.
10. Entire
Agreement.
The Terms constitute
the entire agreement between Roberts-Gordon Europe Limited and you
with respect the Website and its supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral, or written. If for any reason a court of competent
jurisdiction finds any provision of the Terms or portion thereof, to
be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to affect the intent of the Agreement, and
the remainder of this Agreement shall continue in full force and
effect. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach
or default.
Installation Code and Annual Inspections:
All installation and service of ROBERTS GORDON® equipment must be
performed by a contractor qualified in the installation and service
of equipment sold and supplied by Roberts-Gordon
Europe Limited and conform to all requirements set forth in the
Roberts-Gordon Europe Limited manuals and all applicable
governmental authorities pertaining to the installation, service and
operation of the equipment. To help facilitate optimum performance
and safety, Roberts-Gordon Europe Limited recommends that a
qualified contractor annually inspect your ROBERTS GORDON® equipment
and perform service where necessary, using only replacement parts
sold and supplied by Roberts-Gordon Europe Limited.
Further
Information:
Applications, engineering and detailed guidance on systems design,
installation and equipment performance is available through
Roberts-Gordon Europe Limited representatives. Please contact us for
any further information you may require, including the Installation,
Operation and Service Manual.
ROBERTS GORDON®
products are not for
residential use.
Roberts-Gordon
Europe Limited documents are intended to
assist licensed professionals in the exercise of their professional
judgment.
