1. TERMS & CONDITIONS
(a) Please read this License Agreement carefully before using or accessing the contents of this website, including purchasing products from this website. By accessing or using this website you agree to be bound by this License Agreement. If you do not intend to be bound by these terms and conditions, you may not access or use this website.
(b) NEWROCKIES INC. (“NRI”) reserves the right, in its sole discretion, to change, modify, add or remove any or all of the terms and conditions of this License Agreement at any time without any further notice to you. You agree to review this website and License Agreement periodically and your continued use of this website shall be deemed to be your acceptance of these changes, modifications, additions or removals. This provision shall survive this Agreement.
(a) Upon your agreeing with the terms and conditions of this License Agreement NRI grants you a limited, revocable, non-royalty, non-exclusive and non-transferable license to access this website for your own personal use. All content you provide including any user account and other information, data, postings, messages, text, files, pictures, images, sounds, video, or other material (“User Content”) shall be your sole responsibility and you shall be responsible for any and all User Content, in whole or part. NRI shall not be responsible for any User Content. You agree that by using this website you may be exposed to other User Content that may be offensive, derogatory, inaccurate, misleading or otherwise objectionable and that this website may contain links to other third party websites which are not owned or controlled by NRI and NRI makes no representations or warranties as to the completeness, accuracy or authenticity of any content, data, or information on such third party website. Any access to any third party website through this website or at all is at your own risk and cost. NRI does not make any representations or warranties of any kind as to the User Content on this website and use or reliance of the same by you is at your own risk and cost and NRI shall not be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content displayed, listed, posted, emailed, or otherwise distributed or made available through this website. You acknowledge that NRI may, but not be obligated to, pre-screen or approve any User Content, but that NRI shall have the right (but not the obligation) in its sole discretion to remove, refuse, delete or move any User Content on this website either for breaching the literal or spirit of this License Agreement or for any other reason whatsoever as deemed appropriate by NRI in its sole discretion without remedy or compensation to you.
(b) Under this License Agreement you shall not in any way use, copy, reproduce, modify, download, upload, transfer, redistribute, broadcast, display, post, print, access, view, decompile or reverse engineer any of the contents or User Content of this website except as expressly provided for by this License Agreement. This provision shall survive this Agreement;
(c) This License Agreement is a limited, revocable, non-royalty, non-exclusive and non-transferable license; it does not result in any transfer of title or ownership of any interest in any property. This provision shall survive this Agreement;
(d) By posting, listing, displaying, publishing or otherwise including any User Content on this website (“Posting User Content”) you are granting NRI a non-exclusive, worldwide, perpetual, irrevocable, non-royalty license and right to use, display, publish, manipulate, and broadcast such User Content and to exercise any copyright or other intellectual property rights of that User Content and by Posting User Content you represent and warrant to NRI that you have the right to grant to NRI the foregoing license. This provision shall survive this Agreement; and
(e) You shall not use this website or access to this website or post, email, upload, publish, broadcast, or otherwise make available on this website any information, data, file, program, code, text, picture, video, content, link, or User Content that is:
a. illegal, offensive, pornographic, harmful, abusive, hateful, degrading, defamatory, or libelous;
b. an infringement of any third party’s property rights;
c. a breach of any third party’s privacy;
d. violating any law of Canada or USA.
e. impersonating any person or entity;
f. falsely or otherwise misrepresenting any affiliation or relationship with any third party or entity;
g. disclosing any personal or contact information of any third party without their express consent;
h. inaccurate, false, misleading, deceitful, deceptive or fraudulent;
i. containing any marketing, advertising, or solicitation information (unless expressly permitted in writing by NRI) or that is considered spam, junk mail, or unsolicited advertisements;
j. advertising or howsoever promoting any illegal products, services or actions as prohibited by Canadian law or USA law;
k. containing any virus, worm, file, code or program that is malicious, destructive, or designed to destroy, interrupt, or limit the normal operation of any computer software, hardware or any related equipment or to destroy, modify, alter, copy, or retrieve any data or information;
l. designed to or results in excessive amount of content, User Content, or other data or information being posted or processed which overly taxes or floods this website and its normal operation;
m. displaying or otherwise representing false, deceptive, or misleading icons, banners, ads, links, logos, marks, or other identifiers to disguise the origin of any content, User Content, or other data or information;
n. using automated means (including files, programs, spiders, robots, worms, data mining etc) to upload or download any information or material or User Content or to gain unauthorized access to the website or the computer systems of NRI or its providers; or
o. sending unsolicited emails, advertisements or other communications (spam etc) to this website, NRI, or any users of this website or contacting any person who has not requested such communication or collecting any personal information for any commercial or unlawful purpose.
This section shall survive this Agreement.
(f) If you are an account or registered user of this website then you represent and warrant that:
a. you are eighteen years of age (18) or older and are able to enter into this Agreement which shall be a legal and binding obligation upon you and your heirs, successors and permitted assigns;
b. any and all Posting User Content by you or your account and any User Content shall be true, accurate, and complete;
c. you may receive a user account, password, or other account designation or information and you alone shall be responsible for the maintaining and managing the confidentiality, privacy and integrity of such information and for all use (authorized and unauthorized) and consequence, howsoever arising from, such use of the information . You agree to notify NRI of any unauthorized use of or access to the User Content, your account or user information, or to this website.
3. FEES & PRICES
(a) In some cases use of this website may allow NRI to charge fees or prices for specified products or services and such amounts shall be reviewable by you in order to confirm your acceptance of any such terms. All such fees or prices maybe chargeable in U.S. Dollars, Canadian Dollars, or such other manner as deemed by NRI in its sole discretion. Any fees or prices chargeable hereunder may be modified upon prior notice to you by NRI from time to time and are due immediately unless expressly specified otherwise in this Agreement. Any sales, excise or other taxes or any other charges imposed by any government authority are in addition to any fee payable by you.
(b) Notwithstanding anything herein, NRI may, in its sole discretion, reserve or limit any quantities, refuse service, terminate accounts, remove or edit User Content or any content on the website, or cancel any orders prior to shipping. All risk of title, damage and loss of any product shipped is passed to you upon the delivery of the product by NRI, or its agents, to the carrier for delivery to you.
(c) NRI does not represent nor warrant that any services or products listed on or purchased through this website are fit for any particular purpose nor reliable, complete, current, error free or accurate and should any such service or product not be as described on this website then your sole remedy is to return such product (or service where possible) to NRI and according to any return policy of NRI and in all cases any liability of NRI to you shall be limited to the fee or price paid by you to NRI less any shipping and handling incurred by NRI.
(a) The contents of this website, including without limitation, any User Content, information, data or files, and any products and services are provided on an “as is” or “as available” basis. NRI makes no warranties, guarantees, representations or endorsements neither express nor implied, whatsoever including without limitation warranties of accuracy, completeness, reliability, non-infringement of any property rights, merchantability or fitness for a particular purpose of any such content, product or service. Further, NRI does not warrant or make any representation concerning any results or consequences from any use of the contents of this website or any other websites linked to this website or from any products or services purchased herein. IN NO EVENT SHALL NRI BE LIABLE FOR ANY CLAIM, COST, EXPENSE, DAMAGE, OR SIMILAR CHARGES OR AMOUNTS INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (A “LOSS”) INCLUDING WITHOUT LIMITATION ANY LOSS RELATING TO BUSINESS, COST OF REPLACEMENT GOODS, INABILITY TO USE THIS SITE OR ANY PRODUCTS, SERVICES, OR PROPERTY WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT NRI IS NOT LIABLE FOR ANY USE OR MISUSE OF ANY PRODUCTS SOLD HEREIN OR FOR ANY CONSEQUENCE OF THE INSTALLATION (PROPER OR IMPROPER) OF SUCH PRODUCT IN OR ON ANY OTHER PROPERTY OR THING INCLUDING WITHOUT LIMITATION ANY LOSS RELATED TO THEFT, FIRE, ACCIDENT, OR AN INCREASE IN, TERMINATION OF, VOIDING OR ANY AFFECT WHATSOEVER OF OR ON ANY INSURANCE OR WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF SOME PRODUCTS SOLD ON THIS WEBSITE MAY RESULT IN TOTAL OR PARTIAL BYPASS OR DISABLING OF A VEHICLE SECURITY SYSTEM AND YOU ACCEPT AND AGREE TO ALL CONSEQUENCES FROM THE SAME HOWSOEVER ARISING. NRI SHALL NOT BE LIABLE FOR ANY CRIMINAL, TORTIOUS, NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF ANY THIRD PARTY HOWSOEVER RELATED TO THIS WEBSITE, ANY OTHER WEBSITE OR TO ANY PRODUCTS OR SERVICES THEREON OR FOR THE USE OR MISUSE OF THE SAME. YOU AGREE TO USE THIS WEBSITE AND PRODUCTS AND SERVICES YOU PURCHASE HEREUNDER AT YOUR SOLE RISK AND EXPENSE. NRI does not warrant or guarantee that the contents of this website or any other website linked to this website will be free of infection, viruses, worms, or any other manifestation in code or content which may contain destructive or harmful properties. Any inclusion in this website of any link to another website is not a warranty or endorsement of that other website which you use at your own risk. This provision shall survive this Agreement; and
(b) NRI reserves the right to modify, correct, add or remove any portion of the contents (including User Content) of this website in its sole discretion at any time, but is in no way obligated to do the same, without notice or compensation to you. This provision shall survive this Agreement.
(a) In no event will NRI be liable for any damages or losses of any nature, type or kind (even where reasonably foreseen by NRI), including without limitation any damages for loss or interruption of profits, business, or information, arising out of any use, misuse, or inability to use any products or services sold on this website or from this website, the contents of this website, or any site linked to this site or for the interruption, suspension, or termination of access to or the modification or alteration of this website, the contents of this website, or any third party website or link. In no event and for no reason will NRI be liable or in anyway held responsible for warehouse shipping delays or late deliveries due to Shipping Carriers or Customs holdings, fees or taxes in any Country of origin or destination. In no event and for no reason will NRI be liable or in anyway held responsible for installation fees of any nature on warranted or unwarranted products sold on this website even if such fees are due to NEWROCKIES Inc mistakes or product defects. Notwithstanding the foregoing or anything in this Agreement should NRI be found liable to you for any reason (including without limitation in tort, negligence, contract, or strict liability) such liability of NRI shall be limited to fees or price paid to NRI by you (less any shipping and handling incurred by NRI) relating to such liability becoming due. This provision shall survive this Agreement.
(b) You agree to indemnify and hold harmless NRI and its officers, directors, employees, agents, assigns, suppliers, affiliates and subsidiaries (all of which are NRI for the purposes of this paragraph) from any loss or damage, any and all third party claims, demands, or actions, howsoever arising from your use of the website, your breach of this License Agreement, or your Posting User Content including those arising out of contract, tort, negligence, strict liability, or willful harm, or crimes by you, your employees, contractor or agents. This provision shall survive this Agreement.
(a) This License Agreement shall immediately and automatically terminate without further notice or any other action upon:
(i) any breach by you, or on behalf of you or your user account, of any kind of any term or condition of this License Agreement; or
(ii) the receipt of notice at any time by either party given to the other party.
(b) You agree that at anytime and for any reason NRI, in its sole discretion, has the right (but not the obligation) to delete any or all User Content or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of this website or any User Content (or any part thereof), immediately and without notice, and remove and discard any User Content within this website, for any reason, including, without limitation, if NRI believes that you have acted inconsistently with this License Agreement, whether literally or in spirit. Further, you agree that NRI shall not be liable to you or any third-party for any termination of your access to this website or your Posting User Content. You shall not use or attempt to use the website after said termination. This provision shall survive this Agreement; and
(c) Upon termination of this License Agreement you must immediately cease any and all use, including without limitation any viewing, printing, storing or downloading, and destroy all information, data, files, or any other contents down loaded or otherwise obtained from this website (excepting there out only any receipts or order details of products or services you have already ordered from NRI) and any and all total or partial copies of the same in your possession whether in electronic or printed format. This provision shall survive this Agreement.
(a) You shall not assign or transfer any interest or obligation under this License Agreement, or any part thereof, to any third party without the prior written consent of the NRI, in its sole discretion, and any permitted assign or transfer shall not relieve you of any obligations under this License Agreement. You shall ensure that any assigns and successors comply with the terms and conditions of this License Agreement. NRI may, in its sole discretion, assign or otherwise transfer any or all of its rights and obligations in and under this License Agreement and shall be released upon such assignment or transfer.
9. SUCCESSORS AND ASSIGNS
(a) This License Agreement shall be binding upon and endure to the benefit of the parties and their heirs, executors, administrators, receivers, trustees, successors and permitted assigns.
(a) No previous waiver, failure, or delay to exercise any right, provision or entitlement under this License Agreement shall be deemed to constitute a waiver or affect either party’s right to strict performance of other or future obligations.
(a) This License Agreement and all rights and obligations hereunder shall be governed by the laws, rules and regulations of the Province of New Brunswick, and the federal laws of Canada and the Courts of New Brunswick shall have the exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.
(b) The parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for actions to seek temporary restraining orders or injunctions related to the purposes of this Agreement, or suit to compel compliance with the dispute resolution provision, the parties agree to use the following alternative dispute procedure as their remedy with respect to any controversy or claim arising out of or relating to this Agreement or breach of same: At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The parties intend that non-lawyer, business representatives, conduct these negotiations. Any and all negotiations, mediations, and arbitrations shall occur in New Brunswick. Upon agreement between the parties, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for the purposes of settlement, exempt from discovery and concurrence of both parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration of a lawsuit. In any arbitration and/or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable legal fees and costs, including those incurred on appeal.
(a) The contents of this website, including without limitation all rights to and interests in any and all trademarks, trade names, copyrights, official marks, logos, insignia, crests and any other symbols of NRI, and any compilation, selection, order and arrangements of those contents are owned by or licensed to NRI and shall not be used in any way except as expressly set out in this License Agreement. All rights not granted expressly or by necessary implication by this License Agreement are expressly reserved to NRI;
(b) All information, material or data you provide to NRI through the use of this website including without limitation any comments, remarks, suggestions, questions, ideas, images, graphics, and User Content will become the property of NRI without compensation to you, however you will remain legally responsible for whatever you submit including without limitation its legality, reliability, and copyright. You waive any and all moral rights in any submission to NRI through the use of this License Agreement.
13. ENTIRE AGREEMENT
(a) This License Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supercedes any other prior statements, representations, discussions, negotiations or agreements between the parties, whether written or oral.
(a) In the event that any term or condition contained in this License Agreement is found to be invalid or unenforceable by any competent authority with jurisdiction over the matter, that term or condition shall to that extent be severed from the remaining terms and conditions of this License Agreement which shall continue to be valid and enforceable to the fullest extent as permitted by law.
(a) By using or accessing this website or by Posting User Content you agree that NRI may collect, transfer, store, and otherwise use your personal information and may disclose such personal information to other third parties for commercial purposes or as required by law and including without limitation for the following purposes:
a. sending you information about our website;
b. confirmation or other communications;
c. processing payments;
d. receiving or providing feedback or comments;
e. providing products or services and for shipping purposes;
f. billing purposes;
g. enforcing this Licensing Agreement;
h. respond to claims of any kind including without limitation infringement of any property or privacy rights;
i. authenticating accounts; and
j. allowing your use of interactive forums, chat rooms, blogs, or posts on the website; and
(b) Although NRI makes every reasonable effort to provide a secure environment for the collection, transfer, storage and other use of your personal information (including third party processing of any credit card information), NRI shall not be liable for any damages howsoever arising for the disclosure, invasion, corruption, transfer, publication, or distribution of your personal information and its security.
16. RETURNS, REFUNDS and WARRANTY
(a) Products can be returned by providing prior notice and upon our confirmation of the same and by returning the products to our location as directed by us. Products being returned for exchange due to warranty or other exchanges will be exchanged free of charge. Your personal information (including without limitation your name, address, phone number) may be required in processing a return or exchange and may be given to a third party for the same purpose. All refunds will be given in the same manner as payment was received or at NRI’s sole discretion. All details related to NEWROCKIES Inc Returns, Refunds, Warranties and Extended Warranties policy can be found at this link: http://newrockies.com/money-back-guarantee-replacement-warranty/
PLEASE READ THIS AGREEMENT CAREFULLY. By clicking on or otherwise choosing the “I AGREE” button related to this Agreement or by using or accessing the website or by purchasing any product from this website, then you are agreeing, or are deemed to agree, to be bound by all the terms and conditions, without modification, of this Agreement in the same manner as if it had been duly executed in a paper or hard copy form by an individual or an officer of a corporation who is duly authorized to bind the corporation.