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Terms of Services

TERMS OF SERVICE

 

Introduction

Welcome to ROBAM!

These Terms of Service (the “Terms” or “Agreement”) apply to the Robam website located at www.robamliving.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked or our products are sold (collectively, the “Site”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

These Terms form a binding legal agreement that govern your use and access to the Site provided by Luxen Home Improvements, Inc. dba Robam (“Robam”). By using the Site, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old and, if applicable, authorized to act on behalf of and bind any company using the Site. If you do not agree to these Terms or if you are not legally competent to agree to them, then you may not use the Site. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. You and Robam may be referred to collectively as the “Parties” or individually as a “Party.”

Additionally, by visiting the Site and/or purchasing items from Robam, you are engaging in our “Service(s)” and agree to be bound by these Terms, including any additional conditions, warranties, and policies referenced herein and/or available by hyperlink. Robam reserves the right, at its sole discretion, to change, modify, add, replace, or remove any portion of these Terms, at any time, and you can review the most current version of the Terms at any time on the Site. It is your responsibility to check these Terms for changes. Your use of the Site following any changes will mean that you accept and agree to the changes.

Dispute Resolution; Governing Law

THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND ROBAM MUST BE RESOLVED.

Arbitration:  You and Robam agree that all claims must be resolved exclusively through final and binding arbitration, rather than in court. “Claim(s)” will be defined as any dispute between the Parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, shareholders, and/or licensors (who shall be third-party beneficiaries of this arbitration provision) arising out of, related to, or in connection with this Agreement, the Site, the Service, or Robam’s representations. There is no judge or jury in arbitration. One arbitrator will resolve any and all Claims, including any disputes arising out of or related to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that the requirement to arbitrate is void or voidable. The arbitrator’s award will be final and binding, and a judgment on the arbitrator’s award may be entered by a court. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, available at www.adr.org. You and Robam agree to begin any arbitration by submitting a Demand for Arbitration to the AAA. This agreement to arbitrate will not preclude any action for injunctive relief in aid of or arbitration.

Payment of Arbitration Fees: Payment of all arbitration fees will be governed by the AAA’s rules. However, if the value of the relief you seek is $10,000 USD or less, at your request, Robam will pay all arbitration filing fees associated with the arbitration, provided that, if the arbitrator determines that your Claim is frivolous or brought for an improper purpose, you shall reimburse any arbitration fees paid by Robam within 14 days. Any request for payment of fees by Robam should be submitted by mail to the AAA along with the Demand for Arbitration.

Class Action Waiver:  YOU AND ROBAM MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND ROBAM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.  

Limited Exception for Small Claims Actions:  Notwithstanding the mandatory Arbitration provision above, you may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction, which, in California, is a claim of $10,000 USD or less, excluding costs, interest, and attorney’s fees to the extent available.

Governing Law and Location: The Parties agree that all matters relating to access to or use of the Site and Services, including all disputes, will be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, exclusive of conflict or choice of law rules. The location of the arbitration shall be San Francisco, California or the county where you reside, provided that either Party may choose to have the arbitration conducted by telephone, video conference, written submissions, or a mutually-agreed upon location. 

Personal Information and Privacy

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy for additional information.

Refunds and Exchanges

Refunds and exchanges will be subject to Robam’s applicable Return Policy, which is incorporated herein by reference. Please review our Return Policy for more information. Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products as they appear in person. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Robam. We reserve the right to discontinue any product at any time. Any offer for any product or Service made through the Site is void where prohibited. 

Limited Warranty

Robam offers a Limited Warranty, which is incorporated herein by reference. Please review our Limited Warranty terms for more information.

Transactions

Robam makes available the ability to purchase or otherwise obtain certain products through the Site or through other sales channels including third party retailers (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant Robam the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is Robam’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service.

Order Acceptance

Robam reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Robam reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Robam reserves the right, at its sole discretion, to modify, refuse, or cancel any order for any reason without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or Services. Your account may also be restricted or terminated for any reason, at Robam’s sole discretion.

Accuracy of Billing and Account Information

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email address, phone number, or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card information so that we can complete your Transactions and contact you as necessary.

Creating an Account

To use the Site and order product, you may be required to register and create a user account (“Account”). All information you provide in connection with your Account must be current, complete, and accurate, and you must update the information as necessary. You agree that you will not submit any fake content or impersonate another. We may reject or require that you change any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential. You, and not Robam, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username, password, or Account on the Site.

User Generated Content

Should you send creative ideas, suggestions, comments, feedback, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”) to Robam, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you forward to us.

We are and shall not be under any obligation to: (i) maintain any User Content in confidence; (ii) pay compensation for any User Content; or (iii) respond to any User Content. We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. Requests for removal of User Content may be sent to Robam via email at  [email protected].

You agree that your User Content will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content you create and its contents. DO NOT POST ANY SUCH USER CONTENT THAT IS PRIVATE OR CONFIDENTIAL. Robam takes no responsibility and assumes no liability for any User Content posted by you or any third-party.

Prohibited Uses

By submitting User Content and/or otherwise using the Site, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Robam all of the rights granted herein; (ii) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Site to harm any person or entity, including Robam; (iv) impersonate or otherwise misrepresent an affiliation, connection, or association with, any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, email or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Site or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission and U.S. Securities and Exchange Commission; (ix) harvest or otherwise collect personal information about other users of the Site without their consent; (x) use the Site (including through submission of User Content) to disparage or make unsubstantiated claims about any person or third party; (xi) use the Site in any manner that could overburden or impair the Site or the networks or systems connected to the Site; and/or (xii) use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

You will not attempt to modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any content that forms part or all the Site or Services. You will not attempt to reverse engineer, disassemble, or decompile the Site or apply any other process or procedure to derive the source code of any software employed by Robam. You will not use the Site in a manner that could disable, overburden, damage, or impair the Site. You will not use any robot, spider, or automatic device to access the Site for any reason. You will not introduce any virus or other malware to any Robam website, application, or related servers. You will not attempt to gain access to any aspect of the Site that you are not authorized to access. You will not attempt to resell or sublicense any Robam products. You will not use the Site to engage in any conduct that restricts or inhibits the use of the Site by any other person, or which, as determined by Robam, may harm Robam or other users of the Site or expose them to liability. You agree to only use the Site and Services for a lawful purpose and that, in using the Site and Services, you will not submit any false or misleading information or violate this Agreement or any applicable laws.

Intellectual Property

Robam and/or its licensors own all right, title, and interest in and to the Site, products, and Service and all related technology and intellectual property and proprietary content, including all related copyrights and trademarks. Subject to your compliance with this Agreement and all applicable laws, Robam grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Site and Service solely in accordance with the Agreement for your personal use. No part of the Site or Service may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Robam. All rights not expressly granted in this Agreement are reserved by Robam. Your rights under this section will immediately terminate if, in the sole judgment of Robam, you have breached any provision of this Agreement. You represent and warrant that, when using the Site, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. Robam and its name, trade names, and logos (collectively, the "Robam Marks") are trademarks of Robam. Neither your use of the Site, Service, nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Robam Marks. All content and other materials available through the Site, including without limitation the Robam logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Robam or are the property of Robam’s licensors and suppliers. Except as explicitly provided, neither your use of the Site, Service, nor this Agreement grant you any right, title, or interest in any such materials.

 

Optional Tools and Third-Party Materials

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.

Certain content, products, and services available via our Site may include materials from third parties, (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. Third party links on this site may direct you to Third-Party Materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Materials or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).

Disclaimer of Warranties

You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. Subject to our Limited Warranty, the Site and all products and Services delivered to you are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL ROBAM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE SITE (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO OUR LIMITED WARRANTY: (i) ROBAM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS; (ii) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS, SERVICES, OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE; AND (iii) THE MAXIMUM AGGREGATE LIABILITY OF ROBAM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (a) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ROBAM FOR PRODUCTS OR SERVICES, IN THE 12 MONTHS PRIOR TO THE ACTION; OR (b) $100 USD. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Robam, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Robam by any third party due to or arising out of or in connection with your use of the Site or Service, your account or User Content, or your violation or alleged violation of any of this Agreement or any part or any applicable law.


Termination

This Agreement is effective until terminated. You agree that Robam, in its sole discretion, may terminate your account and your use of the Site and may remove and delete your User Content if we believe that you have violated or acted inconsistently with these Terms or for any other reason. Robam may also, in its sole discretion and at any time, discontinue providing the Site or Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be affected without prior notice and you acknowledge and agree that Robam may bar any further access to the Site. Further, you agree that Robam will not be liable to you or any third-party for any termination of access to the Site or Service.

Miscellaneous Terms

The headings herein are for convenience only and are not part of the Agreement. Robam will not be liable for any delay or failure to perform any obligations under this Agreement where the delay or failure results from any cause beyond Robam’s reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. These Terms set forth the entire Agreement between you and Robam with respect to use of the Site and Service and supersede any prior agreements between you and Robam relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Robam's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. By submitting your contact information through the Site or Service, you expressly agree to be contacted by us and our agents for marketing purposes. You may opt out of marketing communications at any time by following the instructions in each communication or contacting us; if you opt out, we may still send you non-promotional communications, such as updates to this Agreement or our Privacy Policy. Other than as authorized by this Agreement above, this Agreement may not be modified without the written consent of both Parties. In the event any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity or enforceability of any other remaining provisions.

 

Contact Information

Any questions about the Terms should be sent to [email protected].