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Rosetronics Policies

Rosetronics Policies Form

 

1.       ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

This Rosetronics Technical Support Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the Rosetronics Technical Support (the “Service”) that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and Rosetronics with respect to the Service.

2.       DESCRIPTION OF SERVICE

Upon purchase of the Service, Customer shall be eligible to receive the following services via in-store, remote, or phone support (e.g., over the phone or via the Customer’s computer with a Rosetronics Agent logged into the Customer’s computer):

·      Software Installation

·      Software assessment and removal of viruses and malware

·      Certain hardware installation - Please see your local Rosetronics Agent to learn which hardware installation is included

·      Memory installation

·      Operating system installation

·      Annual computer tune-up, including operating software system updates, screen cleaning, fan cleaning,  and keyboard

      cleaning

·      Hard-drive data removal upon request

·      Hard drive removal upon request

Service is on a per-customer basis and is limited to one (1) eligible device owned by the Customer. Eligible devices include PCs (including notebooks, laptops, and desktops), and tablet products. Phones/mobile handsets are not eligible devices.

Training and training services are not included in the Service, but are available at Rosetronics’ standard service rate.

Customer remote repair pre-requisites: The Service requires a functioning high-speed Internet connection, and up-to-date antivirus software installed on the PCs.

3.       PAYMENT

Customer agrees to pay the Service fees (including any applicable taxes). Unless stated in writing otherwise, all fees and charges are nonrefundable. Rosetronics may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.

4.       MODIFICATIONS TO TERMS OF SERVICE AND SERVICE

Rosetronics may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, Rosetronics will notify you by posting the changes to the site from which you purchased the Services. Rosetronics reserves the right to modify or discontinue the Service with or without notice to Customer. Rosetronics shall not be liable to Customer or any third party should Rosetronics exercise its right to modify or discontinue the Service. Customer’s continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.

5.       PRIVACY POLICY

It is Rosetronics’ policy to respect the privacy of its Customers. For information on our privacy practices, please call 702-580-0620 or review our privacy policy at www.rosetronics.com/privacy/.

6.       CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA

Customer agrees that prior to Rosetronics servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Rosetronics and/or its third party service provider, neither  Rosetronics nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

7.       LIMITATIONS TO SERVICE

Rosetronics shall not be liable for any failure or delay in performance due to any cause beyond its control. Rosetronics and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by Rosetronics.

8.       INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Rosetronics (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Rosetronics by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Rosetronics or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).

9.       DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROSETRONICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ROSETRONICS MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ROSETRONICS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM ROSETRONICS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.

10.     LIMITATION OF LIABILITY

ROSETRONICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ROSETRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Rosetronics shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Rosetronics shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Rosetronics. Notwithstanding any language to the contrary, Rosetronics’ maximum liability to Customer arising from or related to Rosetronics under this Agreement shall be limited to the sums paid by Customer to Rosetronics under this Agreement during the three months prior to the time the cause of action arose.

11.     LAWS

These Service Terms shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflict of law provisions. Customer and Rosetronics agree to submit to the exclusive jurisdiction of the courts in Las Vegas, Nevada. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Rosetronics agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Last Revised - June 16, 2014

 

OUR PRIVACY COMMITMENT TO OUR CUSTOMERS
NOTICE When we ask for your personal information, we will tell you why we need it and what we will do with it.
SECURITY We will use reasonable security measures to protect the personal information we receive from you.
SHARING When we share your information with other companies to help us provide our services to you, we will require them to comply with all applicable legal requirements regarding the privacy of your information.

ROSETRONICS PRIVACY POLICY
The following Privacy Policy describes the information and privacy practices for Rosetronics and Rosetronics.com
(the "Rosetronics Web site") where your personal information is collected by, or on behalf of, Rosetronics. When you provide us your personal information, you consent to the information practices described in this policy.

This Privacy Policy may not apply to Web sites that are accessible through the Rosetronics.com
site. Our Web site contains links to other sites operated by third parties, including but not limited to third-party sites that display the Rosetronics trademark. We encourage you to read the privacy policies of those other sites to learn how they collect, use, share and secure your information.

INFORMATION COLLECTED BY ROSETRONICS
As part of your interaction with Rosetronics, we may collect personal information such as:
 • Contact information, including name, mailing address, phone number and e-mail address
 • Purchase information, including credit card number, billing and/or shipping information

We may also collect demographic information, including age, personal interests and product preferences. While shopping or taking advantage of services available from us, we may ask that you provide personal information. For example, we may request and/or collect personal information when you:
 • Schedule an appointment for services
 • Bring in your product for service
 • Purchase products or services
 • Set up an account online
 • Schedule a delivery or an installation
 • Participate in a sweepstakes, promotion or survey
 • Contact us with a question or concern
 • Participate in other activities with Rosetronics

USES OF YOUR PERSONAL INFORMATION
We use the personal information you provide for purposes including, but not limited to:
 • Fulfilling requests for products, services or information
 • Tracking and confirming online orders
 • Delivering or installing products
 • Providing customer services
 • Administering sweepstakes, promotions or surveys
 • Offering new products and services
 • Improving the effectiveness of our Web sites, our marketing endeavors and our services and offers
 • Conducting research and analysis
 • Sending marketing communications
 • Performing other business activities as needed, or as described elsewhere within this Policy.

PERSONAL INFORMATION PROVIDED TO ROSETRONICS FROM THIRD PARTIES
Information From/About Friends or Family
If you provide us information about others, or if others give us your information, we may store that data and will only use that information for the specific reason it was provided. Examples include providing a friend's shipping address, e-mailing our weekly ad to a friend, and e-mailing friends a link to your Wish List.

Information from Third Parties
Rosetronics obtains consumer information from third party providers in order to improve the accuracy of our customer database, increase our understanding of our customers, or to identify potential customers. For example, we get updated addresses from the National Change of Address (NCOA) service to ensure we have the correct contact information for our customers.

Single Sign-On
We use a single sign-on services that allows you to sign into your account using your third-party social networking login credentials such as your Facebook or Twitter accounts. This allows you to link your existing social network profile to your account. Once connected, you will be able to post content on the third-party site and interact with your friends. You may also access certain profile information from your third-party social network profile such as friends, profile picture, etc.

SHARING OF PERSONAL INFORMATION
Rosetronics does not sell, rent or trade your personal information to third parties. In addition, Rosetronics may share customer information with certain third parties such as our agents, service providers and other representatives acting on our behalf for limited purposes. For example, we may share personal information with third parties to perform services on our behalf such as:
 • Fulfilling customer orders
 • Sending Rosetronics marketing communications
 • Delivering packages
 • Scheduling and performing installations
 • Servicing products
 • Fulfilling subscription services
 • Conducting research, analysis or administering surveys
 • Sending regular mail and e-mail on behalf of Rosetronics
 • Processing credit card payments
 • Providing chat functions

The third parties with whom we conduct business are authorized to use your information only to perform the service for which they are hired. They are required to abide by the terms of our Privacy Policy including taking reasonable measures to ensure your personal information is secure.

Rosetronics may also share your personal information with companies who have referred you to Rosetronics for goods and services, or have provided space in their store locations for Rosetronics to offer its goods and services, or have allowed Rosetronics to have a presence on their web sites.

We may also share aggregated data with third parties for analysis and research purposes. This data does not contain name, address or other personally identifiable information.

From time to time, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may share certain personal information when we believe that such release is reasonably necessary to protect the rights, property and safety of others and ourselves. We may also transfer personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.

Any personally identifiable information you submit on a bulletin board, blog, chat room, comment about a product, or any other public forum on this Web site can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We recommend that you do not provide your name, e-mail address or any other personal information. Please note that if you choose to do so, it is at your own risk and you accept full responsibility for those posts and any consequences that may arise from posting this information.

We also display personal testimonials
of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at info@rosetronics.com.

CHOICES REGARDING YOUR PERSONAL INFORMATION
Rosetronics communicates with our customers through multiple channels and vehicles to keep you up-to-date on promotions, offers, customer experience content and new products or services. Once you provide your personal information, we may contact you through direct mail, e-mail or phone. We may continue to communicate with you through these channels unless you request to stop receiving these communications by opting out. Before sending you mobile marketing (e.g., text messages) we will require your express consent by requesting that you opt-in. If you no longer wish to receive these communications, let us know by using whichever of the following methods is appropriate under the circumstances:
 • Follow the directions on an e-mail or direct mail marketing communication you receive from us.
 • Call 1-702-580-0620 with your request and current contact information.
 • Send an e-mail with your request and current contact information to: info@rosetronics.com
 • For mobile marketing, you may opt-out by following the instructions provided in the text messages you receive.

If you send an e-mail, please be sure to include your full name, address, phone number and e-mail address, as well as the specific to make. This will ensure we correctly identify you in our systems and accurately process your request. Rosetronics will take the appropriate steps to modify your preferences with respect to our marketing communications. Due to production, mailing and system timelines, it may take some time to process your request. Until your requested change takes effect, you may still receive marketing communications from us. If you send us your request by regular mail, please allow extra time for us to receive and process your notice. Although you may have opted not to receive marketing communications, you may still receive business-related communications such as appointment confirmations, repair status communications, or other organization-related communications.

UPDATING YOUR PERSONAL INFORMATION
Rosetronics wants your personal information to be accurate and complete. We provide several different methods for you to update your personal information. To update your name, address, phone number and/or e-mail information:
 • Call: 1-702-580-0620
 • Send a request to: info@rosetronics.com

If you send an e-mail or letter request, please be sure to include your current information and the requested changes. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

SECURITY OF YOUR PERSONAL INFORMATION
Whether you are receiving services or shopping online, we use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. Rosetronics cannot ensure or warrant the security of any information you transmit to us by e-mail, and you do so at your own risk.

Please note: While Rosetronics is able to protect personal information that is provided during the course of business, Rosetronics cannot take responsibility for data loss on the products or systems serviced. You will need to ensure your data has been removed or backed-up in order to safeguard this information.

REMOTE ACCESS
Rosetronics offers remote access service to assist in diagnosing and resolving system issues. This process allows a Rosetronics Agent to remotely access your computer to determine the problem and either repair it or provide advice on what options are available to fix the issue. By taking advantage of this service, you are giving permission to a Rosetronics Agent to log into your computer which may contain personal information. A Rosetronics Agent will only search your computer to determine the cause of the problem and will attempt to limit their interaction with your files to a minimum. It is your responsibility to ensure all of your files, especially those containing personal information, are secure to prevent any type of data loss or corruption.

Safe Shopping Policy on Rosetronics.com
We use a variety of information security measures to protect your online transactions with us. The Rosetronics Web site uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL protects information you submit via our Web site such as order information including your name, address and credit card number.

Choosing a Personal Password on Rosetronics.com
When you create an account on Rosetronics.com you are required to establish a password. To maximize your level of protection, you should choose at least 6-30 characters, using a combination of both letters and numbers. You are solely responsible for maintaining the secrecy of your password and account information. You have the ability to purchase on our site without creating an account; however, you will need to reenter your personal information each time you use our site in order to make a purchase.

COOKIES, CLICKSTREAM TECHNOLOGY, THIRD PARTY AD PROVIDERS AND INTEREST-BASED ADVERTISING
Cookies
A cookie is a small data file that a Web site or an e-mail may save to your browser, which may then be stored on your hard drive. Our Web sites and e-mails use cookies to create a more personalized shopping experience for visitors to our site. Cookies simulate a continuous connection — they let us "remember" information about your preferences and session, and allow you to move within areas of our Web sites without reintroducing yourself.

Rosetronics uses a third party to place cookies on your computer to collect non-personally identifiable information. Although our cookies may contain a unique user ID, they do not collect or store any personally identifiable information.

You may choose to set your Web browser to not accept cookies. However, without enabling your cookies, you will not be able to view, create an account, or make purchases on the Rosetronics site.

Our third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images and scripts that help them better manage content on our site. We do not tie the information gathered to your personally identifiable information.

Clickstream Technology
Our Web server automatically collects clickstream information such as the address (or URL) of the Web site that you came from before visiting our site, which pages you visit on our site, which browser you used to view our site and any search terms you may have entered on our site, among other things.

Our Web site may also use other technologies to track which pages our visitors view. This anonymous clickstream data provides our customers with a better, more secure shopping experience and helps Rosetronics understand how visitors use our Web site.

Third Party Ad Providers and Interest-Based Advertising
We use third-party advertising companies to serve ads when you visit our Web site or other sites across the Internet. These companies may use anonymous information (not including your name, address, e-mail address, or telephone number) about your visits to this and other Web sites. We may also share anonymous information with these companies in aggregate form. In either case, the purpose of the sharing is to provide advertisements about goods and services that may be of interest to you, analyzing and improving the effectiveness of ads and e-mails, and improving and enhancing our site and its content.

To learn more about interest-based advertising (also called behavioral advertising), visit www.aboutads.info
. To opt-out of interest-based advertising, visit Evidon's Profile Manager tool. Profile Manager also allows you to update the interest-based information collected by certain companies.

Widgets
Widgets support functions that require that you disclose certain personally identifiable information given the user's choice of participation. This information is collected in many different ways such as: forms, surveys, contests, forums, subscribing or unsubscribing to mailings and correcting or updating personally identifiable information and are only used for the purpose in which they were collected. In some instances, these widgets are a link to another site in which case it is governed by the privacy policy of the company providing it.

COLLECTION OF CHILDREN'S PERSONAL INFORMATION
We are committed to protecting the privacy of children. We do not knowingly or intentionally collect personal information online from children under the age of 13.

CONCERNS ABOUT THE PRIVACY OR SECURITY OF YOUR PERSONAL INFORMATION
Please contact Rosetronics to report a known or suspected privacy or security breach or to submit privacy or security-related questions or complaints. You may contact us in the following ways:
 • Call: 1-702-580-0620
 • Send a communication to: info@rosetronics.com

PRIVACY POLICY CHANGES
We may need to update our Privacy Policy as Rosetronics and our customers grow and evolve. If we make any material changes, including any change in ownership or uses of your personal information, we will notify you of the change by means of a notice on this Site prior to the change becoming effective, as well as inform you of any choices you may have with respect to these changes.

Last revision date: June 16, 2014.

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