This Agreement explains the terms and conditions governing your use of the services made available to you by Roberts Company. It represents the whole agreement and understanding between Roberts Company and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Roberts Company may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that Roberts Company believes is harmful to their business or the use of the Service by others or is harmful to any other party.
Roberts Company reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement.
You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Roberts Company provides an online website to enable our customers to purchase merchandise. Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.
3. Term / Termination
Roberts Company offers services to Members without term restriction. Members may request to cancel their Roberts Company account at any time without any fees or obligations.
Roberts Company reserves the right to terminate Member accounts for breach of any term or provision within this agreement.
4. Member Responsibility
Each Roberts Company Member will provide their email address and select a password. The email address and password is used for Member verification it is a Member's responsibility to select a secure password and safeguard it from unauthorized use. Roberts Company WILL NOT BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT DUE TO BREACHED PASSWORD.
You are responsible for maintaining accurate account information at all times including contact information. Such information can be updated within your Roberts Company account.
You agree that, unless other instructions are posted on Roberts Company website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by United Parcel Service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Roberts Company posted on the Roberts Company website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
The Roberts Company Privacy Statement sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement.
Member information is not disclosed or sold to any third parties.
7. Service Interruption
Roberts Company may suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. Roberts Company will not bear any liability whatsoever for any such disruption to Service.
8. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. Roberts Company makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Roberts Company is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Roberts Company.
For greater certainty and without limitation to the generality of the following:
(i) in no event will Roberts Company be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
(ii) Roberts Company, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
You agree to indemnify and hold Roberts Company harmless from and against, and to reimburse Roberts Company with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Roberts Company by reason of or arising out of or in connection with:
(i) any breach of this Agreement by you or;
(ii) illegal use of products purchased on our website.
10. Force Majeure
Roberts Company will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
11. Unenforceable Provisions
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
12. Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the province of state of Massachusetts and the federal laws of United States of America.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
13. Age of Majority
Roberts Company does not accept agreements and payments from persons under the legal age of 19 years. By submitting your account application, you confirm that you are over 19 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
15. Entire Agreement
These Terms and Conditions, as may be updated from time to time and posted on our web site.
This document represents the complete agreement and understanding between us with respect to the Service and supercedes any other written or oral agreement.