ROM AMERICA, INC. TERMS OF USE AND SERVICE

Welcome to https://romamerica.com/ (collectively, the “Website”), which is owned and operated by ROM AMERICA, INC. (“ROM AMERICA”, the “Company”, “we”, “us” or “our”).All references to the Website include this URL, as well as micro-sites related to this URL, as well as other websites or pages owned by the Company.All references to the Company include the affiliates of the Company.

Please read this Terms of Use and Service document (hereinafter referred to as this “Agreement” or “Terms and Conditions”) carefully before using this Website, including without limitation before using any of the features or content provided by this Website or before purchasing or otherwise using any of the Company’s Products (as defined herein) that are offered, made available, or otherwise sold through this Website.

These Terms of Use and Service REQUIRE all disputes between you and us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms of Use and Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution for the details regarding your agreement to arbitrate any disputes with us. 

This agreement governs not just uses of the website, but all interactions with the company, whether on the website, or in store, or over the phone, or in any other method. Please carefully review this agreement, so that you understand the terms and conditions of your use of the website, as well as the use of our services and purchases of our products, including in store.

Your interactions with us may include correspondence by text. Please note that standard text message rates may apply and you are responsible for any costs or fees incurred in connection with sending or receiving texts to or from us.

This Agreement applies to all visitors, users, purchasers and others who wish to access or use this Website for any purpose (“User” or “you” or “your”).The Company provides this Agreement to notify all such users of the Company’s terms and conditions which govern their use of this Website and/or any purchase or any other uses of any of the Company’s Products.

Your access to and use of this website and any of our products is conditioned upon your acceptance of and compliance with, without modification, this agreement.

By continuing to assess and/or use this website you hereby agree to be bound by all of the terms and conditions of this agreement and the ROM AMERICA privacy policy (as defined herein), and all other policies of the company as of the date of your first use of this website.

No changes (additions or deletions) by you to this agreement will be accepted by the company. If you do NOT agree to all the terms and conditions of this agreement, then you should NOT use this website.

This agreement is a legally binding contract governing this website and the purchase and sale of all products. You should download and print this agreement for your records.

 By visiting this Website, you agree to the following:

 In addition to all other defined terms in this Agreement, the following terms have the following meaning:

• “Access Right” has the meaning set forth in Section 2 herein.
• “ROM AMERICA Account” or “ROM AMERICA Account of a ROM AMERICA Purchaser” has the meaning set forth in Section 5 herein.
• (“ROM AMERICA Privacy Policy” has the meaning set forth in Section 4 herein.
• “Products” has the meaning set forth in Section 5 herein.
• “ROM AMERICA Purchaser” has the meaning set forth in Section 5 herein.
• “Company IP Assets” has the meaning set forth in Section 3 herein.
• “Content” has the meaning set forth in Section 2 herein.
• “Server” or “Company Server” means the computer software or hardware that serves and hosts the Website to users across the Internet.
• “Purchase” or “order” have the meaning set forth in Section 5 herein.
• “User” has the meaning set forth above in this Agreement; for clarity, the term ”User” shall include any ROM AMERICA Purchaser who uses this Website to procure any Products as contemplated by Section 5 of this Agreement.

 2. ACCESS; CONDITIONS TO USE OF THIS WEBSITE

2.5 Users further agree as follows:

• Without limiting the generality of the foregoing, each user agrees to all of the following provisions: (a) User will not upload to, distribute or otherwise publish through this Website any data, information, messages, text, photos, graphics, videos, messages, tags, works, material or any other content, including, without limitation, any personal identifiable information (collectively, "Content") that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable; (b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law, (c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; (e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; (f) User will not use this Websitefor purposes not authorized by Company; and (g) User will not use this Website or Application for any illegal purpose or any fraudulent scheme or transaction.
• In addition to the rights given to Company pursuant to any provision in this Agreement or in the ROM AMERICA Privacy Policy, User hereby grants Company a perpetual, worldwide, transferable, fully paid up right to use any User’s Content to: (i) provide the User with, and to otherwise carry out, the features and functions of this Website (including without limitation the ability to use this Website to procure any Products through this Website) or to carry out any other functions or uses normally intended for users, (ii) to assistant or coordinate with any claims arising out of the use of this Website or the procurement of any Products; and (iii) for any other lawful purpose in carrying out the Company’s corporate purpose, business, or operations.

 2.6 Without limiting the generality of any other provisions herein, User agrees to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of this Website or any Company Server (as defined herein), including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (b) any violations of any system or network security (including, but not limited to, that of this Website or any Company Server) may result in civil or criminal liability; and (c) Company has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Company also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to this Website. By User’s use of this Website, each User authorizes Company to take such action.

3. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS; RESERVATION OF RIGHTS.

4. PRIVACY

THE WEBSITE, ANY OTHER ROM AMERICA IP ASSETS, THE PRODUCTS, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR IN ASSOCIATION WITH THE PRODUCTS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS ORWARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ANY OF THE COMPANY IP ASSETS OR THEIR CONTENT.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE WEBSITE, OTHER ROM AMERICA IP ASSETS, THE PRODUCTS , OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY OF THE WEBSITE OR THE COMPANY SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, OTHER ROM AMERICA IP ASSETS, THE PRODUCTS , OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 7. LIMITATION OF LIABILITY

REGARDLESS OF THE FORM OF ACTION , WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS CONTENT PROVIDERS, OR ANY OF THE COMPANY’S OR ITS AFFILIATES’ DIRECTORS, EMPLOYEES, PARTNERS, AGENTS,SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “COMPANY GROUP”), BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY OTHER ROM AMERICA IP ASSETS, THE PRODUCTS , OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE, OTHER ROM AMERICA IP ASSETS, THE PRODUCTS,AND THEIR CONTENT IS AT YOUR SOLE RISK. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES AGREE THAT THE COMPANY’S (AND THE ENTIRE COMPANY GROUP’S) TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WILL NOT EXCEED THE TOTAL AMOUNT OF PAYMENTS OR OTHER FEES ACTUALLY RECEIVED IN THE PRIOR TWELVE MONTH PERIOD BY THE COMPANY FROM A USER UNDER THIS AGREEMENT.

INDEMNIFICATION. Each user hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Agreement or your use of the Website, any other ROM AMERICA IP Assets, the Products or any content provided therein.

ACCESSIBILITY STATEMENT.

The Company is committed to providing outstanding service to people with disabilities — and want everyone to be able to access and use this Website (including without limitation procuring any Products through this Website).

THE FOLLOWING SETS FORTH THE ROM AMERICA’S ACCESSIBILITY STATEMENT FOR THIS WEBSITE:

We are committed to making our website as accessible as possible to people with special needs, including those with visual, hearing, cognitive and motor impairments. We're constantly working towards improving the accessibility of our website to ensure we provide equal access to all of our users.

We always make sure that our website follows accessibility best practices by following the principles of universal design. This ensures the site is flexible and adaptable to different users’ needs or preferences and is accessible through a variety of different technologies, including mobile devices or assistive technologies.

Web Content Accessibility Guidelines (WCAG) 2.0

We are committed to accessibility and believe that all of our consumers should be able to fully and completely access and use our digital offerings. This is an ongoing commitment, and we will continue its efforts to ensure its website is accessible to, and usable by, all persons including those with disabilities.

Wherever possible, we leverage Web Accessibility Developer Tools to ensure WCAG 2.0 compliance is met, and use general best practices provided by Web Content Accessibility Guidelines.

We welcome feedback on your experience on this site. If you have any accessibility comments or concerns, or if you would like to request any modifications, please let us know:  email .

 8. GIVE US YOUR FEEDBACK

 We are committed to providing an accessible service. If you experience problems or have any suggestions for improvement, please get in touch with us. We do continuous improvement based on your feedback.

Email:  email cs@romamerica.com

We will do our best to respond to feedback within 7 business days.

9. LINKS TO THIRD-PARTY WEBSITES

This Websites may contain links to third-party websites. These links are provided for your convenience only. Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Website, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

10. DISPUTE RESOLUTION

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED. 

11. TERMINATION OF THIS AGREEMENT.

We may terminate this Agreement or terminate or suspend your access to the Website ( or any portion, aspect or feature of thereof, including without limitation closing or deleting your ROM AMERICA Account of an ROM AMERICA Purchaser and anycontent or information that you have posted in such ROM AMERICA Account) , and/or prohibiting you from using or accessing the Website (including without limitation prohibiting any further purchases of any Products through the Website) for any reason (including without limitation your breach of this Agreement or the ROM AMERICA Privacy Policy), or for no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information or other content associated with you and your activities in connection with the Website.In the event of termination for any reason you will still be bound by your obligations under these Agreement, including the representations and warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Website.

 12. MISCELLANEOUS PROVISIONS

If you have any questions about the Website or this Agreement in general, please contact us by any of the following methods:

At:  email  cs@romamerica.com

15. SMS/MMS MOBILE MESSAGE MARKETING & email PROGRAM TERMS AND CONDITIONS

16. DMCA

ROM AMERICA complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to Erewhon’s designated agent via email at  email  or via registered US mail sent return receipt to: .Rom America, INC., 4395 Ayers Ave, Vernon CA 90058, United States