TERMS & CONDITIONS
2. New and Additional Services/Products. ROCASUBA, Inc. has the right but not the obligation, from time to time, to introduce or remove or replace services/products on this Site. By using any services or ordering any products, including new or additional services/products when they become available, you agree to be bound by the terms outlined in this Agreement, in addition to any other agreements applicable to those services/products.
3. Additional Terms and Conditions; Other Agreements. All terms and conditions provided to you by ROCASUBA, Inc. at the time you subscribe to a service or order a product are hereby incorporated by reference herein and shall have the full force and effect as if set forth herein in full. Use of this Site to access these services constitutes your acknowledgment of and agreement to said disclosures. Moreover, particular services, products, and/or information you access through this Site may be subject to additional terms and conditions of third parties that may appear on this Site or on other web sites or on other materials. You expressly agree to be bound by the terms and conditions associated with those services, products, and/or information, in addition to those found in this Agreement.
4. Internet Access Fees and Telephone Charges. You agree to be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses you incur by accessing your account through this Site. Please note that these fees may be assessed and billed separately by your online service provider or phone company.
5. Termination. ROCASUBA, Inc. reserves the right to terminate this Agreement and your access to this Site, in whole or in part, at any time and for any or no reason.
6. Questions or Concerns Regarding Site. In the event you have a question or concerns regarding the Site or online orders submitted through this Site or similar transaction or activity, you should notify us in writing at ROCASUBA, Inc., Attn: Webmaster, 766 Falmouth Road, Mashpee, Massachusetts 02649, as soon a possible.
7. Intellectual Property Rights. You hereby acknowledge and agree that as between you and ROCASUBA, Inc., ROCASUBA, Inc exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site collectively "Materials" , and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, except as allowed by Section 9, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of ROCASUBA, Inc. rights in such Materials.
8. Trademarks. You hereby acknowledge and agree that "ROCASUBA, Inc.", and other ROCASUBA, Inc. marks on the Site are either trademarks or service marks of ROCASUBA, Inc. and shall remain the exclusive property of ROCASUBA, Inc. Other product and company names mentioned on the Site may be trademarks of their respective owners.
9. Limited Right to Use. You may use this Site solely for your own personal use and not for republication, distribution, assignment, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than for your personal use but not for resale or redistribution.
10. Indemnity. You agree to indemnify, defend and hold harmless ROCASUBA, Inc. and each of their officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns collectively "Affiliated Parties" from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to a your breach or violation of this Agreement, b your use of the Site, c any transactions or other activities you engage in with any third party service providers, third party merchant sites "Merchants" , or other third parties who are part of our affiliate program or who you access by or through this Site, d your infringement or violation of the intellectual property or other rights of third parties, and/or e your negligence or willful misconduct. In the event, you fail to promptly indemnify and defend such claims and/or pay ROCASUBA, Inc. expenses, as provided above, ROCASUBA, Inc.shall have the right to defend itself, and in that case, you shall reimburse ROCASUBA, Inc. for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty 30 days of each of ROCASUBA, Inc. written requests.
11. No Warranty. ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE . YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ROCASUBA, INC. HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED OR PURCHASES OF PRODUCTS VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS FROM YOU TO ROCASUBA, INC. VIA THIS SITE AND MAY HAVE REFERRED TO SUCH COMMUNICATION AS "SECURED," ROCASUBA, INC. CANNOT AND DOES NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.
12. Disclaimer and Limits. EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS AFFILIATED WITH THE SITE SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, ROCASUBA, INC. OR BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE OR MICROSOFT, OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF THE FOREGOING. NOR SHALL ROCASUBA, INC. OR THE THIRD PARTY SERVICE PROVIDERS BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE STRICT LIABILITY OR OTHERWISE, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, SERVICES, OR INTERNET BROWSERS OR ACCESS SOFTWARE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THIS USE OF THE SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER. YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE ANDINDEPENDENT OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. THIS SITE AND THE INFORMATION HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
13. Third-Party Services. We allow access to or advertise for Merchants from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Our sole involvement is to submit order forms completed by users of through our Site to Merchants for processing. Merchants are responsible for all aspects of order processing, fulfillment, product performance and warranties, billing and customer service. We are not a party to the transactions entered into between you and any Merchants. You agree that your use of such Merchants is AT YOUR OWN RISK ANDIS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU ANDANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
14. Third-Party Merchant Policies. All rules, policies including privacy policies and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. In addition, ROCASUBA, Inc. has no liability to you in the event a product is listed at an incorrect price due to typographical errors in pricing information. Merchants shall be solely responsible for pricing and errors in pricing. Merchants shall have the sole right to refuse or cancel any orders placed for product listed at the incorrect price. Merchants shall also have the sole right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
16. Credit Card Payments. You represent and warrant that if you are purchasing something from us or from any Merchants that i any credit information you supply is true and complete, ii charges incurred by you will be honored by your credit card company, and iii you will pay the charges incurred by you at the posted prices, including any applicable taxes.
17. Links to Other Web Sites. The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such web sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.
18. Miscellaneous. This Site excluding linked sites is controlled by ROCASUBA, Inc. from its offices within the State of Massachusetts, United States of America. Both parties agree that this Agreement shall be deemed executed and performed by both parties in Mashpee, Massachusetts. This Agreement shall be interpreted and enforced according to the substantive laws of the State of Massachusetts, without application of its conflicts or choice of law rules. Both you and ROCASUBA, Inc. irrevocably submit to the jurisdiction of the state and/or federal courts located in Mashpee, Massachusetts for any action or proceeding regarding this Agreement, and waive any right to assert the doctrine of forum non conveniens or otherwise object to the jurisdiction or venue of the courts in Barnstable County, Massachusetts. ROCASUBA, Inc. makes no representation that materials on the Site are appropriate or available for use in locations other than Mashpee, Massachusetts, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so solely on their own initiative and are solely responsible for compliance with local laws. Any cause of action by you with respect to the Site and/or any information, products or services related thereto, must be instituted within one 1 year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
19. Attorneys’ Fees. In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.