Effective Date: [6/10/2010]
Information Collection and How it is Used
- Roof Saver Sprinklers collects personal information when you register to use Roof Saver Sprinklers services including without limitation when you make a purchase through the Roof Saver Sprinklers’ website. At registration you are asked for your email address and certain other information.
- Roof Saver Sprinklers automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the pages you request. This data is only used in the aggregate.
- Roof Saver Sprinklers uses information collected from you for the following general purposes: products and services provisioning, billing, identification and authentication, services improvement, contact, research, and anonymous reporting. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored in Roof Saver Sprinklers’ user registration databases when you register with Roof Saver Sprinklers. IP addresses may be used for various research purposes.
Roof Saver Sprinklers will send you a welcome/confirmation email when you sign up for Roof Saver Sprinklers’ services or make a purchase from Roof Saver Sprinklers. This email requires that you verify that the email address you provided to Roof Saver Sprinklers is a valid email address. Receipt of this email and confirmation of the validity of your email address is required for using Roof Saver Sprinklers’ services and for purchasing products through the Roof Saver Sprinklers website.
Roof Saver Sprinklers will send you service-related announcements on rare occasions when it is necessary to do so.
You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing support@RoofSaverSprinklers.com from the email address with which you signed up.
Roof Saver Sprinklers may periodically email you with administrative messages. Roof Saver Sprinklers will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Your information may be combined with information Roof Saver Sprinklers collects from other companies and used to improve and personalize services, content and advertising. If you don’t wish to receive administrative messages or participate in these programs, simply opt-out by emailing support@[RoofSaverSprinklers.com].
If you no longer wish to receive administrative messages, you may opt-out by emailing info@RoofSaverSprinklers.com. Please note that if you do not wish to receive administrative messages from us, those notices will still govern your use of the Roof Saver Sprinklers website and service, and you are responsible for reviewing such notices for changes.
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use Roof Saver Sprinklers products or services that require you to “sign in,” and you may not be able to take full advantage of the Roof Saver Sprinklers website services. Roof Saver Sprinklers uses its own cookies for a number of purposes, including to: Access your information when you “sign in”; keep track of preferences you specify while you are using Roof Saver Sprinklers’ website services; based on your interests and activity on Roof Saver Sprinklers; estimate and report Roof Saver Sprinklers’ total audience size and traffic;
Information Sharing and Disclosure
Roof Saver Sprinklers employs other companies and people to perform tasks on our behalf and needs to share your information with them to provide products and services to you. Examples include but are not limited to fulfilling orders, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service.
Without limiting the above, in an effort to respect your privacy, Roof Saver Sprinklers will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order, legal process, or substantially similar legal procedure, except when Roof Saver Sprinklers believes in good faith that the disclosure of information is necessary to protect Roof Saver Sprinklers’ rights, prevent imminent physical harm or financial loss, or to report suspected illegal activity.
Other Web Sites
Although Roof Saver Sprinklers Wildfire Protection Systems can greatly reduce the chance of a house fire, we in no way can guarantee that it will prevent your home from catching fire in the event of a fire.
Roof Saver Sprinklers warrants that commencing from the date of shipment to Customer, and continuing for a period of the longer of (a) sixty (60) days or (b) the period set forth in the warranty card accompanying the Product (if any), the product(s) purchased from Roof Saver Sprinklers will be free from defects in material and workmanship under normal use. The date of shipment of a Product by Roof Saver Sprinklers is set forth on the packaging material in which the Product is shipped. This limited warranty extends only to the original user of the Product. Customer’s sole and exclusive remedy and the entire liability of Roof Saver Sprinklers and its suppliers under this limited warranty will be, at Roof Saver Sprinklers ‘option, shipment of a replacement within the warranty period and according to the replacement process described in the warranty card (if any), or if no warranty card, as described on the Roof Saver Sprinklers website or a refund of the purchase price if the Product is returned to the party supplying it to Customer, freight and insurance prepaid. Roof Saver Sprinklers’ replacement parts used in Product replacement may be new or equivalent to new. Roof Saver Sprinklers’ obligations hereunder are conditioned upon the return of affected Product in accordance with Roof Saver Sprinklers’ then-current Return Material Authorization (RMA) procedures.
Restrictions. The above Product warranty does not apply if the Roof Saver Sprinklers’ Product or any other equipment used with the Product purchased from Roof Saver Sprinklers (a) has been altered, except by Roof Saver Sprinklers or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Roof Saver Sprinklers, or (c) has been subjected to abnormal physical stress, abnormal environmental conditions, misuse, negligence, or accident.
DISCLAIMER OF WARRANTY
EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY ROOF SAVER SPRINKLERS, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THESE WARRANTIES GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
General Terms Applicable to the Limited Warranty Statement, End User License Agreement, and Supplemental License Agreement
Disclaimer of Liabilities—Limitation of Liability. IF YOU ACQUIRED THE PRODUCT IN THE UNITED STATES, LATIN AMERICA, CANADA, JAPAN OR THE CARIBBEAN, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF ROOF SAVER SPRINKLERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO ROOF SAVER SPRINKLERS FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM OR IF THE PRODUCT IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR PRODUCT IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IF YOU ACQUIRED THE PRODUCT IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF ROOF SAVER SPRINKLERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO ROOF SAVER SPRINKLERS FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM OR IF THE PRODUCT IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR PRODUCT IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). NOTHING IN THE AGREEMENT SHALL LIMIT (I) THE LIABILITY OF ROOF SAVER SPRINKLERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS TO CUSTOMER FOR PERSONAL INJURY OR DEATH CAUSED BY THEIR NEGLIGENCE, (II) ROOF SAVER SPRINKLERS’S LIABILITY FOR FRAUDULENT MISREPRESENTATION, OR (III) ANY LIABILITY OF ROOF SAVER SPRINKLERS WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Disclaimer of Liabilities—Waiver of Consequential Damages and Other Losses. IF YOU ACQUIRED THE PRODUCT IN THE UNITED STATES, LATIN AMERICA, THE CARIBBEAN OR CANADA, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL ROOF SAVER SPRINKLERS OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE PRODUCT OR OTHERWISE AND EVEN IF ROOF SAVER SPRINKLERS OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ACQUIRED THE PRODUCT IN JAPAN, EXCEPT FOR LIABILITY ARISING OUT OF OR IN CONNECTION WITH DEATH OR PERSONAL INJURY, FRAUDULENT MISREPRESENTATION, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL ROOF SAVER SPRINKLERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE PRODUCT OR OTHERWISE AND EVEN IF ROOF SAVER SPRINKLERS OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ACQUIRED THE PRODUCT IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA, IN NO EVENT WILL ROOF SAVER SPRINKLERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE FOR ANY LOST REVENUE, LOST PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF, IN EACH CASE, ROOF SAVER SPRINKLERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT FULLY APPLY TO YOU. THE FOREGOING WAIVER SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH: (I) DEATH OR PERSONAL INJURY, (II) FRAUDULENT MISREPRESENTATION, OR (III) ROOF SAVER SPRINKLERS’S LIABILITY IN CONNECTION WITH ANY TERMS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
For all countries referred to above, Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Product or any other product or service delivered by Roof Saver Sprinklers. Customer acknowledges and agrees that Roof Saver Sprinklers has set its prices and entered into the Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
Controlling Law, Jurisdiction. Regardless of where you acquired the Product(s) of Roof Saver Sprinkler, this Agreement and the accompanying Product warranties (“Warranties”) are controlled by and construed under the laws of the State of California, United States of America, notwithstanding any conflicts of law provisions; and the state and federal courts of California shall have exclusive jurisdiction over any claim arising under the Agreement or Warranties.
The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. If any portion of this Agreement is found to be void or unenforceable, the remaining provisions of the Agreement and Warranties shall remain in full force and effect. Except as expressly provided herein, the Agreement constitutes the entire agreement between the parties with respect to the Product and supersedes any conflicting or additional terms contained in any Purchase Order or elsewhere, all of which terms are excluded. The Agreement has been written in the English language, and the parties agree that the English version will govern.
Product warranty terms and other information applicable to Roof Saver Sprinklers products are available at the following URL:
Roof Saver Sprinklers is a Registered TradeMark
Copyright @ 2010 Roof Saver Sprinklers – All Rights Reserved.