Roubler Website Terms of Use
Roubler (“Roubler”) operates each website (“Site”) that links to these Terms of Use to provide online access to information about Roubler and the products, services, and opportunities we provide. Use of the Roubler Service is governed by our Customer Terms of Service, available on this website
By accessing and using the Site, you agree to these Terms of Use.
Roubler reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
1. Permitted Use of The Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Roubler products and services, and solely in compliance with these Terms of Use.
2. Prohibited Use of The Site
By accessing the Site, you agree that you will not:
- Use the Site in violation of these Terms of Use;
- Use the Site in violation of the terms of Roubler’s Acceptable Use Policy
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Roubler servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the Site in any manner that damages, disables, overburdens, or impairs any Roubler website or interferes with any other party’s use and enjoyment of the Site;
- Mirror or frame the Site or any part of it on any other web site or web page.
- Attempt to gain unauthorized access to the Site;
- Access the Site by any means other than through the interface that is provided by Roubler for use in accessing the Site;
- Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
- Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
3. Copyrights and Trademarks
The Site is based upon proprietary Roubler technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Roubler or its licensors (if any). Roubler owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Roubler, the Sprocket Design, the Roubler logos, and other marks used by Roubler from time to time are trademarks and the property of Roubler. The appearance, layout, colour scheme, and design of the Roubler.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. Roubler may use and incorporate into the Site or the Roubler Service any suggestions or other feedback you provide, without payment or condition.
4. Information and Materials You Post or Provide
You represent that you have all right, title, and interest to materials you post on the Site or provide to Roubler (“Materials”), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.
5. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Roubler of the third party, the third-party web site, or the information there. Roubler is not responsible for the availability of any such web sites. Roubler is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Roubler affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.
6. Downloading Files
Roubler cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
7. Disclaimers; Limitations of Liability
ROUBLER AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ROUBLER AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROUBLER IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROUBLER AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF ROUBLER OR ANY OF ROUBLER’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ROUBLER IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF ROUBLER AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
8. Indemnification
You understand and agree that you are personally responsible
for your behavior on the Site. You agree to indemnify, defend and hold harmless
Roubler, its parent companies, subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees, agents, and any third-party
information providers from and against all claims, losses, expenses, damages and
costs (including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys’ fees, resulting from
or arising out of your use, misuse, or inability to use the Site or the
Content, or any violation by you of these Terms of Use.
9. Privacy
Your use of the Site is subject to Roubler’s Privacy Policy.
10. Additional Terms of Service
If you are a customer of Roubler or an employee, representative or agent of a Roubler customer, your use of the Roubler Service is subject to Roubler’s Terms of Service.
11. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Roubler of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Roubler therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Roubler does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Roubler’s Privacy Policy, your use of the Site, any other Roubler web site or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Australia, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Queensland, Australia in the event of any dispute of any kind arising from or relating to these Terms of Use, Roubler’s Privacy Policy, your use of the Site, any other Roubler web site or the Content
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