Roman, Inc. Retailer Web Site -- User Agreement

Roman, Inc. Retailer Web Site Terms & Conditions of Use

I ACCEPT

I DO NOT ACCEPT

1.	Welcome
	Welcome to retailers.roman.com. Use of this website and the services it provides are conditioned upon your acceptance of the following terms and conditions. Unless otherwise specified, your acceptance of this user agreement shall be indicated by your use of and/or registration with retailers.roman.com. Retailers.roman.com is owned and operated by Roman, Inc.
	These terms and conditions and our privacy policy (together the "User Agreement") form the entire agreement with you in respect to use of retailers.roman.com and supercede any prior agreement or arrangement with you in respect of retailers.roman.com. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly, unless the context otherwise requires, references to ?you? and ?your? in this User Agreement shall also be to that company. The purchase of goods from us is subject to our Terms and Conditions of Purchase. We reserve the right to make any updates or amendments to this User Agreement or the Terms and Conditions of Purchase, by bringing them to your attention on the homepage of retailers.roman.com.
2.	Qualified Customers
	Retailers.roman.com is a wholesaler site. To qualify for use of this site, you must be a legitimate business with a tax resale ID and, where applicable, a verifiable Internet presence. If you do not qualify, you are not permitted to use or make purchases from this site and no contract will be formed between you and retailers.roman.com.
	Roman, Inc. and retailers.roman.com in their absolute discretion reserves the right to refuse to deal with or provide service to any user of this site.
	Services on this site are available only to individuals who have the capacity to form legally binding contracts under the law applicable to this User Agreement. Without limiting the foregoing, our services are not available to minors (persons under 18 years of age).
3.	Electronic Communications
	When you visit retailers.roman.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.	Copyright
	All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of retailers.roman.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of retailers.roman.com and protected by U.S. and international copyright laws. All software used on this site is the property of retailers.roman.com or its software suppliers and is protected by United States and international copyright laws.
5.	License and Site Access
	Retailers.roman.com grants you a limited license for access and personal use of this site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of retailers.roman.com so long as the link does not portray retailers.roman.com, its affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. This license does not include any resale or commercial use of this site or its contents (other than your communication with or transaction of business with this site); any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
	You may not download (other than page caching) or modify this website, or any portion of it, except with express written consent of retailers.roman.com. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this site for any commercial purpose, without express written consent of retailers.roman.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Retailers.roman.com and our affiliates without express written consent. You may not use any meta tags or any other ?hidden text? utilizing retailers.roman.com?s name or trademarks without the express written consent of retailers.roman.com. You may not use any retailers.roman.com logo or other proprietary graphic or trademark as part of the link without the express written consent of Roman, Inc. Any unauthorized use of this site, without further notice or action by retailers.roman.com, shall be deemed a termination of your license to use this site.
6.	Your Account
	If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Retailers.roman.com and its affiliates reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders.
7.	Your Communications With This Site
	Your communications and information submitted and conduct (or any items listed therein) shall not: be false, inaccurate or misleading be fraudulent or involve the sale of counterfeit or stolen items infringe any third party?s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy violate any law, statute, ordinance or regulation (including without limitation those governing expert control, consumer protection, unfair competition, anti-discrimination or false advertising) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user
	If you do post content or submit material, and unless we indicate otherwise, you grant retailers.roman.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant retailers.roman.com and its affiliates and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. You further represent and warrant and that you will indemnify retailers.roman.com or its affiliates for all claims resulting from content you supply. Retailers.roman.com has the right but not the obligation to monitor and edit or remove any activity or content. Retailers.roman.com takes no responsibility and assumes no liability for any content posted by you or any third party.
8.	Terms and Conditions of Purchase
	8.01	Product Descriptions
		Retailers.roman.com and its affiliates attempt to be as accurate as possible. However, Retailers.roman.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Retailers.roman.com is not as described, your sole remedy is to return it in unused condition subject to the requirements of section 8.03 of this User Agreement.
	8.02	Pricing
		Except where noted otherwise, the wholesale price displayed for products on our website represents the full wholesale price listed on the product itself. If an item?s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
		Quantity Prices apply only if the full Quantity Break quantity of items is purchased.
		Contract pricing agreements should be reflected throughout the site. Order program discounts, payment terms discounts, or other special pricing agreements or situations will be applied when the order is processed and may not be reflected in the listed prices.
		All prices are subject to change without notice.
	8.03	Shipping, Returns, and Cancellations
		All shipments are FOB our distribution center in Addison, IL. Unless other arrangements are made, freight charges will be applied to the purchaser?s account.
		Retailers.roman.com ships by United Parcel Service when possible. Orders that cannot be shipped UPS will be freight collect. Special shipping arrangements are possible.
		It is your responsibility to check the entire order upon receipt of shipment. Report any discrepancies to Customer Relations (see "Talk to Roman" section of this site) within 10 days of receiving merchandise. Opened or used merchandise may be returned only if it is defective and if prior authorization is received from Customer Relations. Unused merchandise may be returned if it was not as described, as referred to in section 8.01 of this User Agreement only if prior authorization was received from Customer Relations. A return authorization number (RA#) will be assigned to eligible return requests. Print the RA# on the outside of the shipping carton. Returned merchandise may be charged a 20% restocking fee. Unauthorized returns will not be accepted under any circumstances. Your sole remedy for merchandise that is defective or not as described will be a return of the purchase price less the restocking fee.
		If your shipment arrives with visible damage to the outside carton, call the shipping company immediately for a damage inspection. Please also immediately notify Customer Relations (see "Talk to Roman" section of this site) that you have a claim. No allowance can be made unless this procedure is followed.
		All order cancellations must be received by Customer Relations (see "Talk to Roman" section of this site) at least 15 business days prior to the requested ship date. In the event an order cannot be cancelled because it is in the process of shipping, we reserve the right to charge a 10% restocking fee and will not be responsible for shipping charges. We cannot accept cancellation of an order for a product that has been custom made or produced in higher quantities for a specific customer.
		Refunds for credit memos will not be issued.
	8.04	Credit and Terms
		All orders are subject to approval by the Credit Department (see "Talk to Roman" section of this site). Credit lines may be reviewed or reduced at any time. A carrying charge of 1.5% per month will be charged on accounts that are past due. If we must place your invoice or account for collection, you agree that you will also pay reasonable attorney?s fees and costs of collection. Default terms are Net 30 Days.
9.	No Warranty
	THIS SITE, INCLUDING, WITHOUT LIMITATION, ITS CONTENTS, FUNCTIONALITY, PERFORMANCE AND FEATURES, IS PROVIDED BY RETAILERS.ROMAN.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS AT THE USERS SOLE RISK AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. RETAILERS.ROMAN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.
	TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RETAILERS.ROMAN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RETAILERS.ROMAN.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM RETAILERS.ROMAN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
	RETAILERS.ROMAN.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
	CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10.	Limitations of Liability
	Nothing in this agreement is intended to limit or exclude any liability on the part of retailers.roman.com where and to the extent that applicable law prohibits such exclusion or limitation.
	Subject to the above statement, in no event shall retailers.roman.com or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with the User Agreement or use of or access to this website.
	Accordingly, you agree not to bring a claim of any such nature against retailers.roman.com in relation to the User Agreement or the use of or access to this website, except where such a claim cannot be excluded by law. You acknowledge and agree that retailers.roman.com will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against retailers.roman.com in breach of the foregoing.
11.	General
	You agree to indemnify, defend and hold harmless retailers.roman.com and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or loss it may incur, including legal fees, made by any third party due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
	This User Agreement shall be governed in all respects by the laws of the State of Illinois as if the User Agreement was a contract wholly entered into and wholly performed within the State of Illinois. All actions or proceedings arising out of or in connection with this User Agreement will be tried and litigated exclusively in Circuit Court of DuPage County or the United States District Court for the Northern District of Illinois (Eastern Division). The aforementioned choice of venue is intended to be mandatory. By using this site, you expressly agree that any conflict or cause of action arising out of or in relation to this User Agreement will only be brought and litigated in the aforementioned venue.
	If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be deemed severable and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Retailers.roman.com?s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
12.	Policy Modification
	These policies also govern your visit to retailers.roman.com. We reserve the right to make changes to our site, policies, and the terms of this User Agreement at any time and you agree to receive notification of such changes electronically. If any of these terms shall be deemed invalid, void, or for any reason unenforceable then that term shall be deemed severable and shall not affect the validity and enforceability of remaining terms.
13.	Address and Contact Information
	retailers.roman.com C/O Roman, Inc. 472 Brighton Dr Bloomingdale, Illinois 60108 (800) 729-7662 retailers@roman.com

Roman, Inc. Retailer Web Site Privacy Policy

Introduction
Roman, Inc. takes your privacy seriously. This Privacy Policy describes how and why we obtain, store and process data which can identify you. If we are going to use your personally identifiable information in a manner different from that stated in the Privacy Policy we will notify you via e-mail, prior to making such changes. You will have a choice as to whether or not we use your information in this different manner. If we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice, before changes go into effect, on this website notifying users of the change. We may update this Privacy Policy from time to time and shall indicate on the website when changes have been made.

Information We Collect
Information is collected from you when you register with us, when you contribute to or use some of the advanced features on the site. The information we collect is clearly set out on the website from which we collect it. For example, retailers.roman.com may collect personal information, such as your e-mail, name, home or work address or telephone number. Should you choose to buy from retailers.roman.com, we will collect additional personal information including your credit card number and billing address, in order to create a Roman, Inc. billing account.
In addition, retailers.roman.com may collect information about your visit, including the pages you view, the links you click and other actions taken within the site. We also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses.

Why we collect information.

Products and Services
retailers.roman.com collects and uses your personal information to operate retailers.roman.com and deliver the services you have requested. We also use your personal information to inform you of other products or services available from Roman, Inc. and its affiliates. We may also send you surveys regarding current services or new services that we may offer in the future.
Our Customer List
We do not sell, rent or lease our customer lists to third parties. We may, from time to time, contact you on behalf of our business partners about a particular offering that may be of interest to you. In such cases, your personal information (e-mail, name, address and telephone number) is not transferred to the third party.
How We Use Information
    Occasionally we hire other companies to provide services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We provide those companies only the personal information they need to deliver the service. We require that they maintain the confidentiality of your information and that they use that information only for the purpose specified.
    We use information in the file we maintain about you, and other information we obtain from your current and past activities on the site to resolve any disputes, troubleshoot problems and enforce our user agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular on rare occasions we may evaluate your information to look for users using multiple user IDs or aliases.
    By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, other activity that is illegal or may expose us to legal liability.
How We Store Information.
Personal information collected on this site may be stored and processed in the United States or any other country in which Roman, Inc. or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. Keeping information about you secure is very important to us and we use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. However, no data transmission over the Internet can be guaranteed to be completely secure. As result, while we strive to protect your personal information, we cannot insure or warrant the security of any information that you send to us, and you do so at your own risk.

Use of Cookies
Successful use of retailers.roman.com requires "cookies" be enabled on your browser. A cookie is a text file that is placed on your hard disk by a web page server. The cookie itself contains no personally identifiable information but it does pass an ID to our server which allows us to tie the cookie to your personal information. We do this to allow us to let you know on the homepage what has changed on the site since your last visit. We also use the cookie to track how often you visit the site so we know who our most loyal users are. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

Protecting Your Account
If using a public computer or terminal, always log out when you complete an on-line session. Keep your passwords private. Anyone who knows your password may access your account. When creating a password, use at least eight characters which are a combination of letters and numbers. Do not use dictionary words, your name, e-mail address or other personal information that can be easily obtained. Avoid using the same password for multiple on-line accounts. We also recommend that you frequently change your password.

Accessing and Updating Your Personal Information
We will always let you have a copy of personal information we have about you, if you request it, and you may correct it if you wish. You may view your information in the My Account section of this site.
If you have any questions or complaints relating to this Privacy Policy or how we use the personal information we have about you, please contact the Web Development Coordinator at 800-729-7662 or e-mail retailers@roman.com. We will attempt to respond to you promptly.

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Rudolph the Red-Nosed Reindeer© & ® The Rudolph Co., L.P. "Rudolph the Red-Nosed Reindeer" animated program © 1964, renewed 1992 Classic Media, Inc. All rights reserved. Under license to GT Merchandising & Licensing LLC.

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