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Home > Terms of Use
 
Terms of Use

Rockwell Terms of Use and Sale

This web page represents our Terms of Use and Sale (Agreement) regarding our website, www.RockwellNutrition.com (Website), as owned and operated by Rockwell Nutrition (Rockwell).   It was last posted on June 21, 2012.  The terms, “we” and “our” as used in this Agreement refer to Rockwell.

We may amend this Agreement at any time by posting the amended terms on our Website.  We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy, and Medical Health Disclaimer collectively as our Legal Terms.  You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website.  If you do not wish to be so bound, please do not use or access our Website.

 

Limited License

Rockwell grants you a non-exclusive, non-transferable, revocable license to access and use our Website, its content, and, if applicable, to order products (Products) through our Website for your own personal, noncommercial use, strictly in accordance with our Legal Terms.

Third-Party Articles

From time to time our Website may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third-party articles shall not in any event be deemed an endorsement by Rockwell of the material contained therein. The opinions contained in any such article are not necessarily the opinion of Rockwell.

Product Warranties and Claims

You will at all times look to the manufacturer of the Products you purchase with regards to any warranties or other legal claims.

Colors of Products

We have done our best to display as accurately as possible the colors of the Products shown on our Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Medical Health Disclaimer

You understand that the manufacturers of Products sold through our Website may claim that their Products can be used for medical treatment or effect.  You understand that agree that we do not endorse or otherwise guarantee this claims and that such Products and claims are subject to our Medical Health Disclaimer.

Returns and Refunds

Please refer to our Returns and Refunds Policy for information regarding the return of Products you may purchase.  Our Refunds Policy is incorporated into our Legal Terms by reference.

Shipping

Please refer to our Shipping Policy for information regarding the shipment of Products you may purchase to you.  Our Shipping Policy is incorporated into our Legal Terms by reference.

Correction and Errors and Inaccuracies

The information on our Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

Content Disclaimer

Postings on our Website are made at such times as Rockwell determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Rockwell does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY ROCKWELL ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW.  ROCKWELL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY PRODUCTS YOU PURCHASE FROM IT. ROCKWELL SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR PRODUCTS SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER ROCKWELL OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, PRODUCTS PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  IN NO EVENT SHALL ROCKWELL’S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO ROCKWELL FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, ROCKWELL DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO THE MANUFACTURER OF ANY PRODUCTS YOU PURCHASE THROUGH OUR WEBSITE FOR ANY CLAIMS OF ANY NATURE, INCLUDING DEATH, LOSS, DAMAGE, OR WARRANTY. ROCKWELL AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY PRODUCT OFFERED THROUGH OUR WEBSITE.
WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, ROCKWELL DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

ROCKWELL MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (Intellectual Property) owned, controlled or licensed by Rockwell.  Our Website as a whole is protected by copyright and trade dress.  Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Rockwell aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Rockwell, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Rockwell. Rockwell prohibits use of any logo of Rockwell or any of its affiliates as part of a link to or from any Website unless establishment of such a link is approved in advance by Rockwell in writing. Fair use of Rockwell’ Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Rockwell. Such links are provided for your reference only. Rockwell does not monitor or control outside Websites and is not responsible for their content. Rockwell’ inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Rockwell’ inclusion of the links imply that Rockwell is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Indemnification

You agree to defend, indemnify and hold Rockwell harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Products you purchase from it.

Contacting Us/Feedback, Postings and Communications

If you have any questions about our Legal Terms or our Website, please contact us.
Although Rockwell will in most circumstances be able to receive your e-mail or other information provided through our Website (including, without limitation, service requests and other submissions), Rockwell does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet email typically is not secure.
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Rockwell on or by our Website or otherwise disclosed, submitted or offered in connection with your use of our Website, including, without limitation, postings in any chat room (collectively, Communication) shall be and remain the property of Rockwell. Such disclosure, submission or offer of any Communication shall become the property of Rockwell with regard to all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication.  Accordingly, Rockwell will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. Rockwell is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to our Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to our Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Website. You agree that Rockwell may use and/or disclose information about your demographics and use of our Website in any manner that does not reveal your identity. You agree that Rockwell may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Website, about any of Rockwell' Products or services, or for such other purpose(s) as Rockwell deems appropriate.

Rockwell reserves the right to remove any postings to our Website's bulletin board that Rockwell deems offensive, harassing, illegal or otherwise inappropriate. Posting of any message on the bulletin board does not imply any endorsement of the material in such posting. While Rockwell will periodically review the posted materials and attempt to remove offensive postings, Rockwell does not represent that such items will not be posted and shall have no liability with respect to any such postings. In addition, Rockwell does not represent that postings will remain on the bulletin board for any period of time. The same may be removed by Rockwell from time to time in Rockwell’s sole discretion. Rockwell may, but is not obligated to, monitor any chat room activity and refuse access to any user Rockwell determines, in its sole discretion, is not complying with the terms of use.

General Information

You agree that the laws of the North Carolina in the United States govern our Legal Terms, any Products you may purchase, and your use of our Website.  You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Charlotte, North Carolina, in the United States for all disputes (a) arising out of, relating to or concerning our Website and/or our Legal Terms, (b) in which our Website and/or our Legal Terms is an issue or a material fact, or (c) in which our Website and/or our Legal Terms is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of our Website is unauthorized in any jurisdiction that does not give full effect to all provisions of our Legal Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Rockwell has endeavored to comply with all legal requirements known to it in creating and maintaining our Website but makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements and you agree not to access our Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of our Legal Terms is at your own risk and, if any part of our Legal Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning our Website and/or our Legal Terms shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Charlotte, North Carolina, in the United Stat. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through our Website.
You agree that Rockwell may at any time and without notice change the terms, conditions and notices under which our Website is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Rockwell as a result of our Legal Terms or your use of our Website.

Rockwell’ performance of our Legal Terms is subject to existing laws and legal process, and nothing contained in our Legal Terms is in derogation of Rockwell’ right to comply with law enforcement requests or requirements relating to your use of our Website or information provided to or gathered by Rockwell with respect to such use.

Our Legal Terms constitute the entire agreement between you and Rockwell with respect to our Website and any Products you order from it. These Legal Terms supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rockwell with respect to our Website and any Products you order from it. No modification of these Legal Terms shall be effective unless it is authored by Rockwell or its affiliates, or unless it is physically signed by a Rockwell officer. Any alleged waiver of any breach of these Legal Terms shall not be deemed to be a waiver of any future breach. A printed version of these Legal Terms and/or of any notice given by Rockwell in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Legal Terms or your use of our Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Rockwell in printed form.

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