Terms and Conditions
Terms and Conditions
Roma Industries, LLC and/or its affiliates ("Roma", "we", "our" and "us") maintain this website for your personal use. Your access to and use of this website is subject to the following terms and conditions (the "Terms and Conditions"). Roma reserves the right to update, revise or otherwise change these Terms and Conditions at any time and from time to time without notice to you. You should visit this website from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website. The terms "you", "your" and "yours" when used herein refer to visitors to this website. Unless the context suggests otherwise (such as when referring to websites of third parties), the term "website" when used herein refers to the websites located at www.romaindustries.com, www.wcmbelts.com, www.hadleyroma.com, www.watchstraps.com, www.tampafuego.com, www.bryantparkbelts.com, www.hirschus.com and www.stylecraftoem.com.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, we request that you not use this website.
Accuracy of Information
Roma strives to ensure that the information contained on this website is accurate and reliable. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, unreliable or out of date. Roma makes no warranties or representations as to the accuracy, correctness, reliability, completeness or otherwise with respect to such information, and assumes no liability or responsibility of any kind for omissions or errors in the content of this website. Products and services included on this website may be unavailable, may have different attributes than those listed, or may have a different price than that stated on this website. All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain product descriptions (including weights, measures and similar descriptions) are approximate and are provided for convenience purposes only. Roma makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors, however, since computer systems vary, Roma cannot guarantee that the colors you see on your computer will accurately display such colors. The inclusion of any products or services in this website at any time does not guarantee or warrant that these products or services will be available at any time. Roma will seek to promptly correct any pricing errors on this website as and when discovered.
Use of Website and Website Materials
As a condition of your use of this website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions or any applicable laws. You may download Content (as defined below) from this website for your own personal, non-commercial use only, with the provision that any and all trademark, copyright, or other proprietary notices remain unchanged and visible. By downloading any materials or Content from this website, you agree that no right, title, or interest in any downloaded materials is transferred to you as a result of such downloading or copying. You agree that you will not otherwise copy, modify, alter, display, distribute, perform, use, sell, broadcast, or transmit any information, material or Content on this website in any manner without the written permission of Roma or, if applicable, Roma's licensors. The design of this website and all information, Content and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Roma and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Retailer Account Registration
Certain functionality of the retailer specific portions of this website require you to register with Roma. If you decide to register with Roma you will receive a user ID and password to access your registrant account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your account and computer. You agree to accept responsibility for all activities that occur under your account or password. You agree that Roma shall not be liable for any loss that results from the unauthorized use of your account or password, either with or without your knowledge.
Compliance with Law
You acknowledge and agree that it is your responsibility to comply with all applicable local, state, federal and international laws (including minimum age requirements) in connection with the use of this website and the possession, use and sale of any service or product purchased from this website. To the extent you purchase a product from this website, you represent that any such products purchased will be used only in a lawful manner.
Shipping
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Submissions; Inappropriate Conduct
While Roma is always happy to hear from you, it is Roma's policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as original artwork, written works, etc. From time to time, however, you may have the opportunity to post or otherwise make available ideas, suggestions, information, concepts, questions, comments, communications or other materials on this website ("Submissions"). If you do send us a Submission, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of Roma and Roma will be permitted to use any or all Submissions for any purpose whatsoever, commercial or otherwise. In the alternative, at the option of Roma, you will be deemed to have granted Roma an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the Submission, for any purpose whatsoever, commercial or otherwise, without compensation to you or your prior approval. We may, but are not obligated to, monitor or review any Submissions. We will have no obligation to return, use, review, or respond to any Submissions. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any transmission or posting of your Submissions on this website and Roma will have no liability related to any such Submissions or the content thereof, under any legal theory or otherwise. In the event you provide a Submission to Roma, you represent and warrant that (A) the Submission is not subject to any obligation of confidentiality, attribution or otherwise and that Roma will not be liable for any use or disclosure of the Submission, (B) no other party has any rights to the Submission and that it is otherwise original to you, and (C) any "moral rights" related to the Submission have been waived.
You are prohibited from posting or transmitting any unlawful, threatening, abusive, harassing, derogatory, bigoted, hateful, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense or give rise to civil liability, or otherwise violate a law. You may not engage in any activity on this website that violates or infringes in any way upon the rights of others or otherwise restricts or inhibits any other user from using or enjoying this website. In addition to any remedies that Roma may have at law or in equity, if Roma reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Roma may take any action it reasonably deems necessary to cure or prevent the violation. In addition, Roma shall have the right in its sole discretion to edit, refuse to post or to immediately remove from this website any materials posted or submitted to this website in violation of these Terms and Conditions or that Roma otherwise finds objectionable or inappropriate for any reason or no reason. Roma reserves the right to fully cooperate with any law enforcement authorities, warrant, court order, subpoena or other legal process requesting or directing Roma to disclose the identity of anyone posting or transmitting prohibited or objectionable materials. Copyright; Content
This website contains copyrighted material, including, without limitation, text, software, scripts, images, illustrations, audio, graphics, photos, sounds, music, videos, interactive features and the like ("Content"). This website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Roma and third party content providers also own (or have the right to use) copyrights in the Content original to them.
All Content is provided for your information and personal use only. Other than as expressly permitted herein, Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Roma and/or the respective owners. You may access Content only as permitted under this Agreement. Roma reserves all rights not expressly granted in and to Roma's Content and this website. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content for any commercial purposes.
You agree not to circumvent or interfere with security-related features of this website or features that prevent or restrict use or copying of any Content or enforce limitations on use of this website or the Content therein.
Trademarks
This website features logos, brand identities, trademarks, trade names and service marks (collectively, the "Marks") that are registered and unregistered Marks of Roma (and its affiliates) and certain third party owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this website without the written permission of Roma or any such third party that may own a Mark on this website.
Copyright Complaints
If you believe that any content or materials posted on or transmitted through this website, or any products advertised on this website infringes upon your copyrights, please promptly submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our copyright agent (as provided below) and provide the following information (see 17 U.S.C 512(c)(3) for further detail):
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information should be directed to:
Copyright Agent
Paul Horowitz
c/o Roma Industries, LLC
12 West 37th Street
New York, NY 10018
Phone 212-268-0723 ext. 305
Fax 212 695-4497
Attn: DMCA Notification/Paul Horowitz
E-mail: phorowitz@romaind.com
Upon receipt of a notification of copyright infringement from a copyright owner that contains the required information described in 1 through 6 above, we may notify the applicable person of the alleged infringement, and, if appropriate, remove or disable access to the material that is alleged to be infringing. No personally identifiable information is shared with the copyright owner unless required by law. We do not promise or undertake any duty to do any of the foregoing, except as required by applicable law. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. NOTE: The information regarding copyright complaints is provided to you for informational purpose only, and is not intended as legal advice. If you believe your rights under United States copyright law have been infringed or are different from those stated herein, you may wish to consult with your attorney.
Privacy
This website's Privacy Policy ("Privacy Policy") governs Roma's use of any personally indentifiable information that you voluntarily submit to this website. Please review our Privacy Policy for further information at [ADD LINK TO PRIVACY POLICY HERE.]
DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE IS "AS IS" AND "AS AVAILABLE", AND AT YOUR SOLE RISK. ROMA SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE. ROMA FURTHER DOES NOT MAKE ANY GUARANTEE OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY USE OF THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF OR YOUR RELIANCE ON ANY CONTENT OR MATERIALS APPEARING ON THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE. WE DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE ANY CONTENT OR MATERIALS APPEARING ON THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE. SPECIFICALLY, ROMA DISCLAIMS (1) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THIS WEBSITE AND ANY MATERIALS AND CONTENT AND (2) ALL WARRANTIES NOT EXPRESSLY GRANTED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ROMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROMA HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF CERTAIN WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS IN YOUR JURISDICTION.
LIMITATIONS OF LIABILITY
ROMA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR ANY THIRD PARTY WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEBSITE OR ANY THIRD PARTY WEBSITE. IN NO EVENT WILL ROMA, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, AFFILIATES, PARENT CORPORATIONS, LICENSORS, CONSULTANTS, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS (INCLUDING RETAIL PARTNERS) NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY LOST PROFITS, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS IN YOUR JURISDICTION. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. ALL PRODUCTS ORDERED THROUGH THIS WEBSITE ARE ACQUIRED BY YOU "AS IS" AND "WHERE IS". IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE AT
RETURNS AND REFUNDS POLICIES (FAQs) (Link to http://dev.wcmbelts.com/index.php/Site/FAQ)
Indemnification
You agree to indemnify, defend and hold Roma and its affiliates and their respective officers, directors, employees, owners, members, managers, partners, agents, information providers, consultants, licensors, successors and assigns (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions or otherwise related to your use of this website. Roma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Roma defense of such claim.
Third Party Links
As a convenience to our customers, this website may link to other websites owned and operated by third parties and not maintained by Roma. Roma has no control over these linked websites, all of which have separate privacy and data collection practices and terms of use independent of Roma. If you use these links, you will leave this website. Roma is not responsible for any content, materials or other information located on or accessible from any other website. Roma does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. Access to any website linked to or from this website is entirely at your own risk.
Links to this Website
You are prohibited from creating or maintaining any link from another website to any page on this website without our prior written permission. In addition, you may not run or display this website or any material displayed on this website in frames or through similar means on another website without our prior written permission. Any permitted links to this website must comply with all applicable laws, rule and regulations.
Promotions
We may offer and/or sponsor certain promotions, games and contests through this website. These activities will be governed by express rules and conditions accessible from the pages of this website offering the promotion.
Revisions
Roma will periodically revise the Content, information, products, services, and resources contained in this website and reserves the right to make these changes without any obligation to inform or notify past, current, or prospective users of this website.
Governing Law; Jurisdiction
You acknowledge and agree that the Terms and Conditions and any claim or dispute arising out of or relating to these Terms and Conditions (including use of this website) or our Privacy Policy shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to conflict of laws provisions thereof. Except as otherwise prohibited by law, any claim or dispute must be brought by you within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms and Conditions (including use of this website) or our Privacy Policy, shall be subject to the exclusive jurisdiction of the state and/or federal courts located in New York County, in the state of New York and you hereby consent and submit to the personal jurisdiction of such courts. You hereby agree to receive service of process through certified mail or by other means sanctioned by law, and the parties expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
Miscellaneous
You may not use or export or re-export the materials at this website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable by a court having competent jurisdiction, such offending provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Roma relating to the subject matter hereof (including your use of this website), superseding any other agreement between you and Roma with respect to the subject matter of these Terms and Conditions. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section and otherwise have no legal or contractual effect. Roma's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination; Questions
You or Roma may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. Roma reserves the right to change, suspend, or discontinue all or any aspect of this website at any time without notice. If you have any questions about these Terms and Conditions please contact us via e-mail at webmaster@romaind.com.