To abide by local and international laws where you are residing or conducting business with other Rofneck members.
To be accessible and willing to offer assistance to Rofneck members to the best of your abilities by providing advice, information, services, opportunities, introductions whether through the site or in person.
The following sets forth the terms and conditions on which Roftech LLC offers you access to the services that are available under the domain and sub-domains of www.Rofneck.com (the “Site”). Please read these terms and conditions. Your use of the Site constitutes your agreement to all of the terms and conditions contained herein, as amended or modified (the “User Agreement”). If you do not agree with any of the terms and conditions, please do not access the Site or use our services.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Site account, (3) are not a competitor of Roftech LLC or are not using the Services for reasons that are in competition with Roftech LLC; (4) will only maintain one Site account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Roftech LLC, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Site. If you register as a business, you are representing that you have the legal authority to bind that business in connection with its use of our services and to this User Agreement.
No individual user can have more than one account at the same time. Roftech LLC has the right to limit the number of accounts a user may have for a single address or household when in our sole judgment this limitation is necessary to protect our users from fraud. A user is prohibited from sharing their account password with other persons.
Registration for Own Use
Individual users must register in their own names. It is expressly prohibited for a user to register in another name, real or fictitious. To so register constitutes fraud and may be subject to criminal prosecution.
Verification of Identity
Roftech LLC may utilize a variety of techniques to verify the accuracy of the information that is provided by our users when they register on the Site. Nevertheless, we do not and cannot verify with certainty the identity of each user and no assurance can be given that the purported identity of a user is their real identity.
The user is required to maintain the confidentiality of their password. The user is responsible for all activities associated with the use of their password. Roftech LLC is not responsible for unauthorized activities on your account and you may be liable for any charges that arise as a consequence of such activities.
Site Facilitates Trading
The Site provides a feature that is an Internet based platform that supports two party and multi-party trading. The Site is limited to the facilitation of trades by providing features, such as our Search engine, that enable our users to identify trading opportunities and by providing a venue for the successful completion of their trades. Roftech LLC is not a party to a trade. We are not your trading partner. Therefore, we are not responsible for and have no control over the accuracy of the information provided in connection with the posting of any item, the quality or condition, safety or legality of any item that is traded, or of the ability of any user to enter into a commitment to trade. We cannot and will not review each item that is posted to the Site. The user agrees to hold Roftech LLC harmless for any violation of law or regulations that arises from their posting of an item or their trading of an item if and to the extent that such action results in civil or criminal liability. We do not and cannot assure the completion of a trade, including the actual delivery of the items that are to be exchanged. Further, in the event of a dispute between users, the users agree to release Roftech LLC, its directors, officers, employees, and agents, from any and all claims, demands and damages that may arise, directly or indirectly, from such disputes. We do not transfer legal ownership of items from one user to the other, and this User Agreement does not in any way modify the laws and regulations that govern the transfer of the legal ownership of an item by its physical delivery or otherwise, including, without limitation, the laws and regulations that govern transfer of title to real property.
User-to-User Communication and Sharing (Rofneck Groups, Jobs, Classifieds, Answers, Updates, Company Pages, etc.).
Site offers various forums such as Groups, where you can post your observations and comments on designated topics. Site also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site, such as Site Groups and Site Company Pages.
Site members can create Groups and Company Pages for free, however, Site may close or transfer Groups or Company Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights.
Please note that ideas you post and information you share may be seen and used by other Users, and Roftech LLC cannot guarantee that other Users will not use the ideas and information that you share on the Site. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Group, into your Updates, or elsewhere on the Site. Roftech LLC IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY SITE COMMUNITY FORUMS.
Rules of Conduct
A user of the Site hereby agrees to the following rules of conduct:
A user will not post content or trade items that are illegal or otherwise prohibited by this User Agreement or by applicable laws and regulations. A user will not post content on the Site that infringes on the legal rights of third parties. A user will only post items on the Site that they can legally trade.
A user will not post content or trade items that are pornographic or otherwise sexually explicit in nature.
A user will not engage in fraudulent trading practices (including, without limitation, not shipping an item when obligated to do so and not acknowledging the delivery of an item when actually received or offering products or services identified by government agencies to have a high likelihood of being fraudulent).
A user will not knowingly post false, inaccurate, misleading, defamatory or libelous content, or content that is unlawfully threatening or harassing, or content that disparages the Site or its users in an uncritical or unconstructive manner, including without limitation, in their personal information in their Profile, in their messages, and in their description of their trading experience in their Feedback.
A user will take no action or cause any action to be taken which compromises the integrity of the feedback they receive or that is received by other users.
A user will in good faith post items only in their appropriate categories and appropriate areas on the Site.
A user will describe each of their items accurately and fairly as to type, attributes, including condition, and other factors that may be relevant to the decision of another user to trade for that item.
A user is obligated to complete a trade once they have entered into a trade agreement, i.e., when their trade has been Confirmed, unless there is clear evidence that there has been material misinformation relating to their basis for the trade (such as a typographical error that substantially changes the description of the item). The obligation of a user to complete a trade includes the safe and prompt delivery of their item to their trading partner. By either Accepting an offer or Confirming a trade, a user agrees to be bound by the conditions of the trade unless the conditions are contrary to applicable law and regulations, or are in violation of this User Agreement. Unless an item is expressly for loan or lease, or involves a service or real estate, or the trading partners have expressly agreed otherwise, a user will become the legal owner of an item at the time of its physical receipt in accordance with the local jurisdiction Uniform Commercial Code.
If an item is expressly for loan or lease, including the temporary use of real estate, the item will be delivered in clean and serviceable condition and as described by its owner. The user who has borrowed or otherwise bargained for the temporary use of an item will return the item in the same condition in which it was received; if the item is damaged, the user will promptly notify its owner of the damage and will be liable for its replacement or repair. In the case of the use of real estate, the agreed upon dates of exchange cannot be changed without the consent of the owner of the property, which consent will not be unreasonably withheld.
A user will not in any way interfere with another user’s ability to trade or the proper working of the Site. A user will take no action that may impose, in the sole discretion of Roftech LLC, an unreasonable or disproportionate demand on the Site’s infrastructure.
A user will not distribute or post, or knowingly cooperate in the distribution or posting of, spam, or distribute or post any promotional materials not directly related to their trading activities on the Site.
A user will not distribute, or knowingly cooperate in the distribution of, viruses or other technologies that may damage the Site, the other users of the Site, or Roftech LLC.
A user will not employ any robot, spider, off-line reader, scraper or other automated means to access the Site without the express consent of Roftech LLC. Roftech LLC hereby consents to the use of spiders by public search engines for the sole purpose of creating publicly available indices of information on the Site, excluding such information as may be personally identifiable to users. We reserve the right to revoke this exception at any time, either in its entirety or for specific circumstances.
A user will not copy, modify, create derivative works from, distribute or publicly display content from the Site that they did not originate, or copy, modify, create derivative works from, distribute or publicly display the copyrights and trademarks of Roftech LLC, or otherwise infringe on any copyright, trademark, trade secret, patent or other proprietary rights under the laws of any jurisdiction.
A user will not directly or indirectly collect information about other users of the Site without their express consent or distribute their personal information in violation of applicable laws.
The trading of certain items may be prohibited or restricted under the importation and exportation laws and regulations of various jurisdictions or under laws and regulations governing the sale, transfer or distribution of certain items. The legal treatment of items may vary from state to state or country to country. Further, Roftech LLC reserves the right as a matter of policy and in its sole discretion to prohibit or restrict the trading of items. The user is responsible for assuring the legality of any items they post and complying with any applicable trading restrictions, which may or may not relate to where the item is to be delivered, and that the posting of such items is not contrary to Roftech LLC policy. A user will not trade for an item that is prohibited if received at their Shipping Address or that does not comply with applicable trading restrictions. If you post items that may not be legally shipped to certain destinations, as a part of your post or in your description of the item you should so limit the destinations to which you are willing to ship. Examples of items that are prohibited or may be restricted include, without limitation, the following:
Alcoholic beverages, including services related to the distribution of alcoholic beverages
Animals and wildlife products
Annuities, or lottery contracts, or services associated with the purchase of annuities or lottery contracts, layaway systems, off-shore banking or transactions to finance or refinance debts funded by a credit card
Arms and armament, including ammunition, firearms, or certain firearms parts or accessories, and certain weapons or knives regulated under applicable law
Counterfeit or stolen items
Drugs, including narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, whether or not by prescription, and drug paraphernalia
Embargoed goods and goods from or to prohibited countries
Gambling equipment, or services that involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Roftech LLC and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Hazardous items or items that are perishable and may become hazardous
Human parts and remains
Items that encourage, promote, facilitate or instruct others to engage in illegal activity
Items that support or facilitate pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes, or certain multi-level marketing programs
Monetary instruments, including without limitation travelers checks or money orders
Pesticides and herbicides
Prohibited services, including certain sexually oriented services
Recalled or defective items
Services involving certain credit repair or debt settlement
Services of payment processors to collect payments on behalf of merchants
Services related to currency exchange or check cashing
Sexually oriented materials
Stocks, bonds and other securities, including without limitation options, futures, or investment interests in any equity or property
As a matter of Roftech LLC policy, users are prohibited from posting items or content that disparages a person’s race, ethniticity, sexual preference, or gender, or promotes discrimination or intolerance on the basis of race, ethniticity, sexual preference, or gender, promotes hatred, violence or the financial exploitation of a crime, or promotes organizations with such views. If a user posts items that are adult in nature, such items must be described in a manner that is not offensive to other users or will not be considered obscene, and can be traded only to individuals that can legally own or possess the items. When a user trades for such an item, they are certifying that they have the legal right to own or possess the item. Items that constitute child pornography, or items that promote child pornography or the exploitation of children, are strictly prohibited.
The prior written approval of Roftech LLC is required for the collection of donations as a charity or non-profit organization, trading in or the disposal or acquisition of jewels, precious metals and stones as a business, offering services related to the transmission of money or the sale of stored value cards, offering escrow services, offering dating services, or offering file sharing services or access to newsgroups.
Users are required to comply with the Rules of Conduct that are set forth in this User Agreement and to not engage in any activities that would violate or could lead to the violation of these Rules. Moreover, users will not take any actions that may result in liability to Roftech LLC or interfere with our ability to provide services.
Delivery of Items
The user is required to deliver their items on the agreed upon exchange dates. Failure to do so can result in the suspension of the user’s access to the Site. If items are not delivered in a timely manner on the agreed upon exchange dates, the provider is obligated, at their expense, to promptly return any items they received for the undelivered item unless their trading partner has agreed to accept a replacement item.
Permanent Exchange of Real Estate
The user is solely responsible for taking any and all actions that may be required to transfer ownership and perfect title to real property, including the use and associated costs of intermediaries such as lawyers, mortgage insurers, and title companies. The permanent exchange of real property does not necessarily require a broker and/or real estate agent if the property has not been listed.
You are requested to provide feedback on your trading experience when you complete a trade. Over time, users who regularly trade will establish a track record that can be relied upon by others, including a composite User’s Rating. We may limit the manner in which a user can use the Site based on their User’s Rating and the comments that have been made in connection therewith or, in the case of feedback that is consistently negative or that we deem otherwise unacceptable for a user of the Site, suspend their use of our services.
Content of On-Site Forums
Roftech LLC cannot and will not review all communications made by users in forums, discussion boards, on Site blogs, or other interactive communications facilities that we may provide to users of our Site. We reserve the right to monitor any such interactive communications facilities and to modify, edit or delete any communications that violate this User Agreement or that, in our discretion, we deem to be contrary to the policies of Roftech LLC or inappropriate or offensive to our users. We further reserve the right to use posted communications for our own purposes, including, without limitation, marketing and promotion.
Licensing Use of Information
While there may be significant tax advantages when you trade for what you want, we make no representations as to the tax consequences to users of their completed trades. The user is solely responsible and should not rely on Roftech LLC to report their trading activity to the extent required by tax or other laws and for the payment of any and all taxes (including, if applicable, income taxes and/or sales and use taxes) that may arise as the result of a trade.
Remedies for Violation by User
You assume certain risks when and to the extent you use the Site, including the possibility that you will find the content of other users offensive, inaccurate or deceptive, and the trading practices of other users unfair or predatory. There is the risk of inadvertently trading with individuals who do not have the legal right to trade or are otherwise dealing under false pretenses. The user agrees to accept such risks and Roftech LLC is not liable for the acts or omissions of the users of the Site.
DISCLAIMER OF WARRANTIES
Your use of the Site and its content is at your sole risk. The user agrees that obtaining any information or materials, or goods, services, or the use of real estate, whether temporary or permanent, through the Site is done at the user’s discretion and at the user’s own risk and that the user will be responsible for any and all damages that may result from any transaction.
Our services are provided on an “as is” and “as available” basis. To the extent permitted by law, Roftech LLC disclaims all warranties of any kind, express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.
Neither Roftech LLC or its directors, officers or employees warrant that (1) the Site or its content will meet your requirements or be accurate, complete, timely or reliable, (2) the Site will be available for use on an uninterrupted basis and will be accessible, timely or secure, (3) any material published on or obtained or accessible through the Site will be accurate, complete, timely or reliable, (4) errors in the Site or its content will be corrected, (5) the Site will be free of viruses or other technologies that can damage its users, (6) there is or should be any implied warranty arising from course of dealing or usage of trade, and (7) the technological infrastructure of the Site does not infringe on the proprietary rights of others.
No advice or information, whether written or oral, obtained from Roftech LLC or through your use of the Site will create any warranty not expressly stated in this User’s Agreement.
Certain jurisdictions do not permit a disclaimer of implied warranties, and in this case the above exclusions may not apply to you. You may have other legal rights that can vary from jurisdiction to jurisdiction.
LIMITS OF LIABILITY
In no event will Roftech LLC or its directors, officers or employees be liable for lost profits or any special, incidental, consequential, or exemplary damages arising out of or in connection with your use of the Site or this User Agreement (whether or not arising from active, passive or imputed negligence).
You agree that neither Roftech LLC or its directors, officers and employees are responsible or have any liability to you or third parties for defamatory or libelous, offensive or obscene inaccurate, or threatening or harassing conduct by another party, or for the infringement by another party of your rights to privacy or publicity or to real or intellectual property.
Your exclusive remedy against Roftech LLC or its directors, officers and employees for any dissatisfaction with our services, your trading experience, or the terms and conditions of this User Agreement is your discontinuation of your use of the Site.
You will indemnify and hold harmless Roftech LLC and its directors, officers, employees and agents from any claims or demands, including reasonable attorneys’ fees that may be incurred in connection with such actions, arising, directly or indirectly, from your breach of the terms and conditions of this User Agreement or any law or regulation, or from any claims for injury or damage to person or property arising from real estate owned or from a property transaction to which you are a party.
Compliance with Applicable Laws and Regulations
A user will comply with all laws and regulations, local, national and international, applicable to their usage and trading activities on the Site.
No agency, partnership or joint venture relationship, or that of employer to employee or franchisor to franchisee, exists between the user and Roftech LLC.
Arbitration of Disputes Brought by User
You agree that any claim asserted against Roftech LLC, or its directors, officers or employees, will be brought exclusively pursuant to the rules of the American Arbitration Association in Philadelphia, Pennsylvania, USA. The judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, you are encouraged to first contact Roftech LLC in order to affect a resolution if you are dissatisfied with our services or dispute our actions. We will endeavor to respond on a reasonable and timely basis.
Resolution of Disputes Brought by Roftech LLC
Any claim by Roftech LLC against the user may be brought pursuant to the rules of the American Arbitration Association or may be adjudicated by a court of competent jurisdiction, either in Philadelphia, Pennsylvania, USA, or where the user is located (either the user’s home address or the address of the user’s principal place of business). With respect to the foregoing, the manner of dispute resolution and its venue is at our discretion and without reference to the choice of laws provisions of any jurisdiction. The user agrees to submit to the personal jurisdiction of the courts located in Philadelphia, Pennsylvania, USA.
This User Agreement is governed by the laws of the State of Pennsylvania, USA. If any of the terms and conditions of this User Agreement is held to be invalid or unenforceable for any reason, then such terms and conditions will be considered severable from the remaining terms and conditions of this User Agreement and will not affect the validity or the enforceability of the remaining provisions of this User Agreement.
No waiver of any of the terms and conditions of this User Agreement will be deemed a continuing waiver or waiver of any of the other terms and conditions of this User Agreement, and our failure to act with respect to any breach of this User Agreement does not waive our right to act with respect to subsequent or similar breaches.
This User Agreement sets forth the entire understanding and agreement of the parties hereto with respect to the matters contained herein. Headings are for the purpose of reference only and in no way modify, amend, or delimit the provisions to which they refer.
Notices under this User Agreement will be sent to firstname.lastname@example.org if to Roftech LLC and, if to the user, to the Email Address provided in connection with the user’s account. Alternatively, notice to the user may be given by certified mail, return receipt requested, sent to the user’s default Shipping Address.