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1.
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Welcome
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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.
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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.
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2.
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Qualified Customers
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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.
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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.
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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).
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3.
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Electronic Communications
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When you visit retailers.roman.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email 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.
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4.
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Copyright
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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.
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5.
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License and Site Access
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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.
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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.
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6.
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Your Account
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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.
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7.
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Your Communications With This Site
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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
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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.
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8.
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Terms and Conditions of Purchase
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8.01
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Product Descriptions
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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.
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8.02
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Pricing
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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.
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Quantity Prices apply only if the full Quantity Break quantity of items is purchased.
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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.
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All prices are subject to change without notice.
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8.03
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Shipping, Returns, and Cancellations
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All shipments are FOB our distribution center in Bloomingdale, IL. Unless other arrangements are made, freight charges will be applied to the purchaser's account.
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Retailers.roman.com ships by UPS, FedEx, or USPS when possible. Orders that cannot be shipped as such will be sent freight collect. Special shipping arrangements are possible.
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It is your responsibility to check the entire order upon receipt of shipment. Report any discrepancies to Customer Relations (see "Contact Us" 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.
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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 "Contact Us" section of this site) that you have a claim. No allowance can be made unless this procedure is followed.
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All order cancellations must be received by Customer Relations (see "Contact Us" 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.
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Refunds for credit memos will not be issued.
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8.04
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Credit and Terms
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All orders are subject to approval by the Credit Department (see "Contact Us" 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.
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9.
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No Warranty
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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.
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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.
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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.
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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.
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10.
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Limitations of Liability
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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.
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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.
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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.
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11.
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General
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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.
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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.
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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.
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12.
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Policy Modification
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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.
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13.
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Address and Contact Information
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retailers.roman.com
C/O Roman, Inc.
472 Brighton Dr
Bloomingdale, Illinois 60108
(800) 729-7662
retailers@roman.com
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