© 2009 Roberts-Gordon LLC
All rights reserved.
No part of this work covered by the copyrights herein may be reproduced
or copied in any form or by any means - graphic, electronic, or
mechanical, including photocopying, recording, taping, or information
storage and retrieval systems - without written permission of
NOTICE: By using this
Website (the "Website") you are indicating that you have read and agree
agree to the Terms, do not use the Website.
"You" or "Your" means
(i) in the case of a natural person, the user of the Website, or (ii) in
the case of a legal entity, the legal entity on whose behalf the user is
accessing the Website or the legal entity who has actual or beneficial
ownership of the computer by which the user is accessing the Website.
1. License to
Roberts-Gordon LLC grants you a limited, nonexclusive and
non-transferable license to access and print the Website only for your
personal and internal use, subject to the Terms. You agree not to delete
any identifying marks, copyright or proprietary right notices on the
Website. This license is conditioned on your continued compliance with
the Terms. All rights not expressly granted herein are reserved to
This Website provides
information regarding the goods, services and business of Roberts-Gordon
LLC and may be used for informational purposes only. This Website does
not constitute an offer to sell you any product or service, or a
solicitation for you to make an offer to purchase any product or
ANY PRODUCT OR SERVICE
DISPLAYED ON THE WEBSITE IS SUBJECT TO THE TERMS OF THE WRITTEN WARRANTY
AND/OR THE WRITTEN Roberts-Gordon LLC TERMS AND CONDITIONS FOR SALES
PROVIDED WITH SUCH PRODUCT OR SERVICE. In any case, any terms or
conditions different from or additional to the Roberts-Gordon LLC Terms
and Conditions for Sales contained in any purchase order or other
document you may send to Roberts-Gordon LLC are rejected.
The Website, including
all text, pictures, audio, video, information and other content, and
including the selection, coordination, arrangement, and/or enhancement
of such Material (the "Material") is the property of Roberts-Gordon LLC
or its licensee(s), and is protected by copyrights, trademarks, trade
secrets, or other proprietary rights under United States and
Without the express
written consent of Roberts-Gordon LLC you may not modify, remove,
delete, augment, copy, reproduce, publish, transmit, create derivative
works from, participate in any of the aforementioned activities or in
any way exploit any of the Material on the Website, in whole or in part.
Any use of the Website or the Materials other than as expressly set
forth in the Terms is strictly prohibited.
You Agree that use of the
Website is at your sole risk. THE WEBSITE AND MATERIAL IS PROVIDED BY
ROBERTS-GORDON LLC "AS IS," "WHERE IS," AND "WHERE AVAILABLE."
DOES NOT make any warranty as to the results that may be obtained from
the use of the Website, or as to the accuracy, completeness,
reliability, security or currency of the Material. The Material may
contain errors, omissions, inaccuracies, or outdated information.
Further, Roberts-Gordon LLC does not warrant reliability of any advise,
opinion, statement or other information displayed on the Website.
LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO
THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW
APPLIES TO THIS AGREEMENT.
YOU AGREE THAT
ROBERTS-GORDON LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE
OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE OR
THE MATERIAL, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT,
CONTRACT, OR OTHERWISE. IN NO EVENT SHALL ROBERTS-GORDON LLC BE LIABLE
TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR
CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY
RELATED TO THE WEBSITE OR THE MATERIAL, REGARDLESS OF WHETHER
ROBERTS-GORDON LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY
Any information you
submit to Roberts-Gordon LLC by or through the Website (including your
personal information) is non-confidential and may be used by
Roberts-Gordon LLC for any lawful purpose.
LLC nor any of its employees accepts or considers unsolicited ideas,
including ideas for new or improved products, services, or advertising.
Please do not send any original creative artwork, samples, ideas or
other items. The sole purpose of the foregoing is to avoid potential
misunderstandings or disputes if ROBERTS GORDON® products, services or
marketing strategies appear to be similar to those submitted. If despite
the foregoing, you send an unsolicited idea to Roberts-Gordon LLC,
Roberts-Gordon LLC will not be obligated to treat the idea as
confidential and may use the idea for any lawful purpose without
incurring any obligation to you, including any obligation to pay you
7. Lawful Use.
condition of your use of the Website, you will not use the Website for
any purpose that is unlawful or prohibited by the Terms. You will not
use the Website in any manner that could damage, disable, overburden, or
impair any server, or the network(s) connected to any server, that is
actually or beneficial owned by Roberts-Gordon LLC You may not attempt
to gain unauthorized access to any computer system actually or
beneficially owned by Roberts-Gordon LLC, through hacking, password
mining or any other means.
The Website is controlled, operated and administered by Roberts-Gordon
LLC from it offices. Roberts-Gordon LLC makes no representation that the
Website or the Material is appropriate or available for use at other
locations outside of the United States and access to the Website or
Material from territories where the content is illegal is prohibited. If
you access this site from locations outside of the United States, you
are responsible for compliance with all local laws.
The Terms shall be
governed by the laws of the State of New York, USA, without giving
effect to its conflict of laws provisions, AND SHALL NOT BE GOVERNED BY
THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR
INTERNATIONAL SALES OF GOODS.
Regardless of where
you reside or where you transact business with Roberts-Gordon LLC, you
agree that any transaction with Roberts-Gordon LLC shall be deemed to
have occurred solely and completely within New York state and with
respect to any dispute you may have with Roberts-Gordon LLC you
irrevocably agree to submit to the personal and exclusive jurisdiction
of the courts located within Erie County, New York, USA.
Any cause of action
you may have with respect to your use of the Website must be commenced
within one (1) year after the occurrence of the fact or circumstance on
which the claim or cause of action is based.
Roberts-Gordon LLC may
revise the Terms at any time without notice to you, which revisions will
become effective upon the date they are first posted to the Website. It
is your responsibility to return to the Website from time to time to
review the most current Terms. Any new Terms will supercede any prior or
subsequent terms or conditions.
The Terms constitute the
entire agreement between Roberts-Gordon LLC and you with respect the
Website and its supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written. If for any reason a
court of competent jurisdiction finds any provision of the Terms or
portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to affect the intent of the
Agreement, and the remainder of this Agreement shall continue in full
force and effect. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default.
Code and Annual Inspections:
All installation and service of ROBERTS GORDON® equipment must be
performed by a contractor qualified in the installation and service of
equipment sold and supplied by Roberts-Gordon LLC
and conform to all requirements set forth in the Roberts-Gordon LLC
manuals and all applicable governmental authorities pertaining to the
installation, service and operation of the equipment. To help facilitate
optimum performance and safety, Roberts-Gordon LLC recommends that a
qualified contractor annually inspect your ROBERTS GORDON® equipment and
perform service where necessary, using only replacement parts sold and
supplied by Roberts-Gordon LLC.
Applications, engineering and detailed guidance on systems design,
installation and equipment performance is available through
Roberts-Gordon LLC representatives. Please contact us for any further
information you may require, including the Installation, Operation and
products are not for
documents are intended to assist licensed professionals in the exercise
of their professional judgment.