Rosen Electronics Terms of Use

 

This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully before using this site. If you do not accept the Terms and Conditions stated here, please do not use the Web Site. Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.

 

Section 1. Company's Liability.

The Material may contain inaccuracies or typographical errors. Company makes no representation about the accuracy, reliability, completeness, or timeliness of the Material or about results to be obtained from using the Web Site and the Material. Use the Web Site and the Material at your own risk. Changes are periodically made to the Web Site and may be made at any time. COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

 

Section 2. Disclaimer of Consequential Damages.

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Section 3. User Submission.

Generally any communication, which you post to the Web Site, is considered to be non-confidential. If particular Web pages permit the submission of communications, which will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, you automatically grant Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk. Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.

 

Section 4. Links to Other Sites.

The Web Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web Sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

 

Section 5. Software Licenses.

All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement o designated "Legal Notice" accompanying such software license ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.

 

Section 6. Limitation of Liability.

Unless otherwise expressly provided in a Software License Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.

 

Section 7. Indemnity.

You agree to define, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

 

Section 8. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

 

Section 9. Forward Looking Statements.

Except for historical information contained herein, statements made at this website that would constitute forward-looking statements may involve certain risks such as our ability to keep pace with technological advances, significant competition in the wireless, mobile and consumer electronics businesses, quality and consumer acceptance of newly introduced products, our relationships with key suppliers and customers, market volatility, non-availability of product, excess inventory, price and product competition, new product introductions and other risks. These factors, among others may cause actual results to differ materially from the results suggested in the forward-looking statements.

 

Section 10. General.

This Web Site is based in Corona, California. The Company makes no claims the Materials are appropriate or may be downloaded outside the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.

 

Section 11: Trademarks.

The names, images, logos and pictures identifying Rosen's products and services in many countries are proprietary marks of Rosen Electronics, LP. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, copyright, or other proprietary rights of Rosen or any third party. This is a listing of certain trademarks owned by Rosen. All other trademarks on the site are the property of the respective trademark owners. This is not a comprehensive list of all Rosen trademarks.

 

Trademarks registered in the United States:

"R", ROSENDESIGN MISC (Sunrise/Light Rays), UNLIMITEDVISION, CLEARVUE, DAYTIMER, CAR SHOW, INVUE, INFOTAINMENT, TRAVELER

 

Trademarks that are in use or that may be used in the future in the United States, but are not registered:

A7, A8 , A9, A10, G8, G10, V10, RES VOICE COM 1000

 

Trademarks that are in use or that may be used in the future in foreign countries:

ROSEN, "R", CARSHOW, AUTOSHOW, INVUE, CLEARVUE, IMAGEVUE, A7, A8, A9, G8, G10, V10, VOICE COM 1000