This website, located at www.rojo16.com or any of our affiliated sites including mobile and/or Internet applications or "apps" (collectively, the "Site"), is provided by Rojo16 (rojo16, "we," "our," or "us") to the person accessing this Site ("you," "your").
1. You Agree to These Terms by Using This Site
2. Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Rojo16 or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen years of age.
Termination of your Rojo16 membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Rojo16's sole discretion and that Rojo16 shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: email@example.com
3. User-Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Rojo16 does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Rojo16 is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Rojo16 to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Rojo16 reserves the right to block or remove communications or materials that it determines to be unacceptable to Rojo16 in its sole discretion.
By submitting any user-generated content, you hereby grant Rojo16 (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at Rojo16's sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Rojo16 employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
4. Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Rojo16 (and Rojo16's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
5. Notice; Electronic Communications
When you visit this Site, send emails to Rojo16, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Rojo16.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your Rojo16 Membership Page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
7. Practices; Typographical Errors; Colors
You acknowledge that Rojo16 may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Rojo16's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that Rojo16 has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that Rojo16 reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that Rojo16 reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Rojo16 reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Rojo16 shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Rojo16 be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Rojo16 makes no guarantees that any actual colors of products or features will be true or accurate.
8. Disclaimer - Warranty
THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Rojo16 HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Rojo16 does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Rojo16 does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Rojo16, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
11. Third-Party Links
In an attempt to provide increased value to our visitors, Rojo16 may link to sites operated by third parties. However, even if the third party is affiliated with Rojo16, Rojo16 has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Rojo16. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Rojo16 specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
Rojo16 does not endorse the content, or any products or services available, on such sites. Nonetheless, Rojo16 seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.
12. Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Rojo16 or its affiliates. The Contents, including its trademarks such as Rojo16 and Rojo16 and design, and the Rojo16 Logo, may not be used by you for any commercial purpose without Rojo16's written consent.
Copyright 2014, Rojo16 ALL RIGHTS RESERVED.
All software used on this Site is the property of Rojo16 or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
13. Copyright Complaints
If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at firstname.lastname@example.org
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(ii) a description of the copyrighted work or other work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Rojo16's website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
14. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Rojo16 does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction
17. Referral Program
Rojo16 may offer you the opportunity to earn referral credits or other benefits by referring friends to join. Those credits and/or benefits may be awarded to the referrer for qualified referrals that result in new Rojo16 members who make at least one qualified purchase. Referrals of existing Rojo16 members or anyone who previously had a Rojo16 account will not count towards your eligibility to earn referral credits. Members are eligible to receive referral credits for a qualified referral only if the referred customer participates using the unique referral link embedded in the referral email. Referral credits are not property, have no cash value, and can only be used in connection with making a purchase on the Site. Referral credits are not transferable, assignable, or sellable, are not gift certificates, and cannot be used to purchase gift certificates. Referral credits expire 24 months after they are granted.
Referral credits are granted at Rojo16's sole discretion. We reserve the right to amend these guidelines and the methods through which referral credits or other benefits are earned at any time without notice to you. For more information about the referral program, please review the full Terms and Conditions.
20. Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to email@example.com
1. Minimum opening order is $400.00. Re-order is $250.00. Under minimum fee is $50.00. Drop ship charge is $15.00.
Handling fees: Effective immediately there will be a $3 surcharge fee for all small parcel shipments. Furthermore, there will be a minimum of $20 handling fee for large shipments less than truckload. There will also be an additional 3% charge (of total Invoice amount) for all credit card transactions. These fees will be reflected at the bottom of the invoice. By providing us your account numbers with your preferred carriers, handling fees mentioned above shall be waived.
2. Delivery dates shall be deemed to be an estimate only. Rojo 16 America (hereinafter “Company”) shall not be liable for any failure to deliver or any delay in delivery resulting from any cause of reason whatsoever including, without limitation, and delay caused by acts of God, fires strikes or differences with workmen, floods, epidemics, governmental rules or regulations, wars, police actions or embargoes, riots, rebellions, and the Company shall not be liable for any losses or damages, direct, indirect, special, consequential, incidental or otherwise, that may arise out of the Company’s failure to meet delivery dates.
3. Immediately upon the breach by the Purchaser of any provisions of any agreement with the Company or failure of the Purchaser to meet any payment schedules or credit or other financial requirements which may, from time to time, be requested by the Company, the Company shall have the right at any time and without incurring any liability to Purchaser to (i) cancel any purchase order previously accepted by the Company, or (ii) refuse or delay the shipment of goods.
4. OUR COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS EXCEPT THAT THE GOODS CONFORM TO THE SIZE AND DESCRIPTION SPECIFIED HEREIN. IN THE EVENT ANY GOODS ARE NOT AS WARRANTED, THE COMPANY’S SOLE OBLIGATION SHALL BE TO REPLACE, AT ITS OPTION, SUCH GOODS, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS.
5. Claims for defects must be made in writing within ten (10) days after receipt of goods. Unless such claims have been made in conformity with the foregoing provisions, the Company shall not be liable to the Purchaser, and the Purchaser shall not be entitled to reject the goods or cancel this contract. All visible carton damage must be noted on the Delivery Receipt prior to signing for and accepting the shipment. Please hold all damaged merchandise, original carton and packing material until otherwise notified by Rojo 16 America.
6. Purchaser shall not make deductions of any kind from any invoices becoming due to the Company unless the Purchaser shall have received credit memorandum from the Company authorizing such deduction.
7. Goods shall not be returned without prior written authorization from the Company. Goods returned without written approval constitute Purchaser’s authorization for Company to sell the goods for Purchaser’s account. However, Purchaser shall continue to be liable for the entire balance of account. Company shall retain 25% of any sums received upon the sale of the goods as a fee to cover expenses, etc. If Return is authorized, it must be returned within 30 days from date of RA (return authorization.
8. Any terms, provisions or conditions submitted by the Purchaser to the Company inconsistent herewith or in addition hereto shall have no force or effect and all purchases shall be governed by the Terms and Conditions hereof and any written agreement in effect between the Purchaser and the Company.
9. Notwithstanding any Purchaser instructions to the contrary, the Company, in its sole discretion, may apply any payments received from Purchaser to such invoices that the Company deems advisable.
10. Purchaser shall bear all costs and expenses imposed by the Company and all overseas import duties incident to sale and shipment of the goods.
11. Any occurrence which, directly or indirectly, delays or prevents the Company’s performance will suspend Company’s performance during the period that said cause or circumstances continues, and will, at Company’s option, extend its time of performance by any amount of time equivalent to such delay.
12. Delivery of goods to a common carrier or licensed trucker is F.O.B. and will constitute delivery to the purchaser and all risks of loss or damage in transit will be borne by the Purchaser who shall be solely responsible for making claims for such loss or damage to the carrier or trucker. Company’s customary bill of lading provides for limited insurance coverage declared at $125.00 per CST. Purchaser should notify Company in writing or any additional insurance requested.
13. Company may make partial shipments on account of purchase orders, which shipment shall be separately invoiced and paid for when due, without regard to subsequent deliveries.
14. If Purchaser shall default in the payment of any indebtedness when due and such default shall continue for ten (10) days after written notice shall have been given to Purchaser then all of the liabilities and obligations of the Purchaser to the Company whether then due or not, shall at the option of the Company and without further notice, become immediately due and payable.
15. If the Company engages an attorney to enforce the provisions hereof or to obtain payment hereunder, Purchaser agrees to pay all legal expenses including reasonable attorney’s fees that the Company may incur.
16. The invalidity of any provision hereof shall not affect the validity of the remaining provisions hereof, but this purchase order shall be construed as if not containing the provision held invalid and the remaining provisions of this purchase order shall remain in full force and effect.
17. It is hereby irrevocably agreed that all actions, suits or proceedings between the Company and Purchaser arising out of, in connection with or relating to this order, or the interpretation, performance or breach thereof, shall be litigated in the Supreme Court of the State of California, County of Los Angeles or the United States District Court for the Southern District of California except that the Company may institute and prosecute to judgment in any court of competent jurisdiction an action, suit or proceeding to effect collection of any monies due to the Company and Purchaser shall reimburse the Company for all costs and expenses (including attorney’s fees) incurred. Purchaser hereby consents to the jurisdiction of said State Supreme Court and United States District Court and agrees that if litigation is commenced in such Court. Purchaser does hereby waive personal service of all process upon Purchaser on the condition that all such process is served personally or by registered or certified mail directed to Purchaser at the address indicated on the reverse side hereof and does hereby waive the right to transfer or change the venue of any such litigation.
18. This agreement shall be deemed to have been made in and fully performed in the State of California and shall be governed and construed in accordance with the laws of the State of California.