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TERMS OF USE AND PRIVACY POLICY
ROMMANELUSA.COM WEBSITE

These Terms of Use and Privacy Policy ( the “Terms”) are intended at regulating the access and the use of Rommanel website (“Site”), www.rommanelusa.com, developed and made available by ROMMANEL LLC (address: 8280 NW 27TH STREET DORAL, FL 33122) for the final consumer (“Clients”) and for the Independent Autonomous Consultant (the “Consultant”) who are jointly referred to as “User(s)” in the document herein.

By the Site, the Users dwelling in any part of the globe (except Brazil and Canada) are entitled to purchase and verify the products made available by Rommanel, their description, as well as information related to the sale of Rommanel products.

By the Site, the Users dwelling in any part of the globe (except Brazil and Canada) are entitled to purchase and verify the products made available by Rommanel, its description, as well as information related to the sale of Rommanel products.

These Terms may be viewed at any instance at the Site, by the link: www.rommanelusa.com/terms-and-conditions. It is worth highlighting that these Terms may be amended at any moment by Rommanel, except in case of legal impediment in this sense. Therefore, the Users must observe the date of the last update entered by the end of the text, and, in case of not consenting with the last version of the Terms, the Users shall refrain from using the Platform.

1. Acceptance

1.1. When accessing the Site for the first time, the Users declare their free, accepted and informed acceptance of the Terms herein. The Users acknowledge that the access to the Site depends on the acceptance to this document and, therefore, if not consenting with any of the following provisions, or any amendments made to these Terms, the Users shall refrain from using the Site.

1.2. The acceptance of these terms does not imply any exclusivity bond between the Consultant and Rommanel.

2. Rules and Functionalities for Users (Clients and Independent Autonomous Consultants)

2.1. The Users acknowledge that they shall only provide complete and accurate information in the Site, holding Rommanel harmless from any liability derived from any untrue or inaccurate information supplied by them.

2.2. The Site is freely available for access by the address www.rommanelusa.com, irrespective of the User completing or not the data registration. The Site allows the Users to carry through online purchase of Rommanel products, consult the Rommanel products catalogue, the products’ description and other information related to the end consumer’s purchase and resale by autonomous consultants.

2.3. If a certain product is not available for purchase, the Users may thus demonstrate their interest directly through the Site, irrespective of any prepayment. Upon identifying the interest of a certain Client or Consultant in an unavailable product, Rommanel, at its own discretion, will try to enable the purchase. However, in this case, Rommanel does not guarantee that the purchase will be possible and neither undertakes responsibility for the eventual failure of the purchase.

2.4. All the products purchased by the Users will be delivered by outsourced companies.

2.5. After closing of the order, the Users cannot change the payment means and/or the delivery address, ask for advancing or yet priority in the delivery.

2.6. Once the Users purchase the product, Rommanel shall only accept change for the size of the product purchased by the Client or Consultant, but not the model or the part itself.

2.7. Both for Clients and for Consultants, the payments may be made by credit card.

3. Specific Rules and Functionalities for Independent Autonomous Consultants

3.1. The Consultants acknowledge that, to access the exclusive functionalities aimed for the Independent Autonomous Consultants, they must complete a data registration, including only complete and accurate information in the Site, holding Rommanel harmless from any liability derived from any untrue or inaccurate information supplied by them.

3.2. The Consultants declare their awareness of the fact that the inclusion of any false/adulterated data or information, as well as any undue or illicit use of the Site will subject them to all the applicable legal penalties.

3.3. The Consultants may select the campaign of their interest, among the ones available, the respective products and their description, as well as view the price table suggested for resale, provided by Rommanel, and ask for price estimates.

3.3.1. The suggested price table does not bear binding character, corresponding to a mere suggestion of the resale price, so that the Consultants may freely define the values practiced upon resale of the Rommanel products.

3.4. After the products of interest to the Consultants are selected and their specificities and quantities are defined, the Consultants may conclude the purchase and after confirmation of the purchase the Consultants shall not more be allowed to change or cancel it by the Site.

4. Proper Use of the Site

4.1. By accepting the Terms herein and using the Site, the Users declare that:

(i) they are civilly capable, in light of the laws, of manifesting their will towards these Terms;

(ii) they shall not use the Site for any illicit purposes, contrary to the morality and good manners or willful misuses, respecting, upon using the Site, any and every applicable laws

(iii) they shall not use the Site in any manner that might impair or infringe third-parties’ rights;

(iv) they shall not include any inaccurate or untrue information in the Site.

4.2. Upon acceptance of the Terms herein, the Users declare their awareness of the fact that they shall not input in the Site, by any means whatsoever, any content embedding viruses or other harmful elements in the Site and/or which impairs Rommanel’s systems or other Users’ systems.

4.3. The Users declare their awareness of the fact that they are solely responsible for their specific use of the Site, holding Rommanel harmless from any responsibility for eventual illicit, inadequate use of the Site or contrary to these Terms.

4.4. The Users acknowledge that, under any event, they shall be solely responsible for their access passwords, acknowledging that they shall not share them with third-parties, under any circumstance and holding Rommanel harmless from any liability arising out of unauthorized third-parties’ access to the Platform, due to the Users’ inadequate treatment of the password.

4.4.1. By the acceptance of the Terms herein, the Users declare their awareness of the fact that their access password has to be changed every ninety (90) days.

4.5. Any registration of civilly incapable persons will be considered as irregular. In case the incapable persons proceed with such registration, their legal representative may contact Rommanel to ask for exclusion of such data, by the email address informed at the end of this Policy.

5. Intellectual Property

5.1. All the texts, images, pictures, icons, technologies, links and other visual, audiovisual or sound contents, including the graphic drawings and the source codes of the Site are Rommanel’s exclusive property (or of third-parties which authorized Rommanel’s use thereof) and are protected by the international laws and treaties, with express impediment to copy, reproduce, download or make any other type of use thereof, for commercial purposes or not, and the violators are subject to the applicable civil and criminal penalties, under the terms of the US laws.

5.2. All the trademarks, trade names or logotypes of any kind depicted in the Site are the property of Rommanel (or of third-parties which authorized Rommanel’s use thereof), and use of the Site cannot be understood as an authorization for the Users to use those trademarks, trade names and logotypes.

5.3. The Users acknowledge that they shall not use the texts, images of artists, models or persons contracted by Rommanel, and other contents made available in the Site, in other means, such as electronic pages, leaflets and other forms of publicity, even if for trading Rommanel products and any use of such content, other than expressly authorized by Rommanel, shall be understood as violation of the Terms herein and of the applicable rules.

6. Disclaimer

6.1. Rommanel does not undertake responsibility: (i) for eventual unavailability, errors or failures of the Site, as well as for any defrauding of the use which the Users might have assigned to the Site, for the Site’s failures or any access difficulty; (ii) for errors or inconsistencies in the transmission of data or for the quality or availability of the Internet signal, which cause failures in the ordinary operation of the Site; (iii) for the existence of virus or other harmful elements in the Site, which might cause changes in the computing systems (software and hardware) or in the digital documents stored in the computing system, disclaiming any responsibility for the damages and losses eventually derived thereof; (iv) for any inaccurate or outdated information included in the Site; (v) for any kind of damages and losses eventually derived from unauthorized third-parties’ knowledge of any information provided by the Site, resulting for failure exclusively ascribable to the Client, Consultant or third-parties which are out of Rommanel’s reasonable control; neither (vi) for third-parties’ electronic pages, including advertisers, which links are inputted into Rommanel’s site, as well as for third-parties’ pages presenting links or references to Rommanel.

6.2. Furthermore, the Consultants will hold Rommanel, its subsidiaries, affiliates, officers, workers, agents, contractors or other shareholders and employees harmless from any claims and demands and will indemnify Rommanel for the losses, damages, including related to attorneys’ fees, arising out of their default towards the use Terms and Policies or out of their violation of rights.

6.3. Rommanel will not be held responsible for any failure exclusively ascribable to third-parties who shall be sole and exclusively responsible for the delivery of the product and processing of the authorization for billing in the Users’ credit card.

6.4. TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAWS, THE MAXIMUM VALUE FOR WHICH ROMMANEL ASSUMES RESPONSIBILITY, IRRESPECTIVE OF THE REASON GIVING RISE TO THE ORDER, CORRESPONDS TO THE AMOUNT EVENTUALLY PAID BY THE USER TO ROMMANEL, PROVIDED THAT THE ALLEGED LOSS IS UNDOUBTEDLY PROVEN.

6.5. The Users are aware that Rommanel recommends using tools and technology (hardware and/or software) duly safe and updated. Any use, by the Users, of outdated tools and technology, not deemed to be safe, will be on the Users’ on account and risk, and Rommanel will be held harmless from any responsibility for any kind of damages borne by the Users.

7. Privacy Policy

7.1. Rommanel gathers every piece of information actively inputted by the Client or Consultant in the Site, such as, for instance, information inputted in forms in the Site (name, address, telephone, date of birth, email and payment data), as well as some pieces of information automatically generated upon the Users’ use of the Site, such as characteristics of the IP with access date and time.

7.2. Rommanel considers as confidential any information gathered by the Site, making sure that they shall all be handled and stored according to the determinations of these Terms and the applicable laws, upon adoption of the proper security measures.

7.3. Rommanel will use the gathered information for the legal purposes, as well as for proper services rendering, such as to enable the financial transaction by credit card billing and product delivery.

7.4. The Users manifest their free, express and informed consent to Rommanel’s use of the data gathered about them or by Rommanel’s partners for the purposes described in the Terms herein.

7.5. Furthermore, the Users acknowledge that the data collected by the Site may be shared with third-parties under the following situations: (i) when needed for the commercial activities and services rendered by Rommanel, also with its commercial partners; (ii) for protection of Rommanel’s interests, in any type of conflict, including lawsuits; (iii) in case of shareholding operations involving Rommanel, under which event transfer of the information will be necessary for continuity of the services; or (iv) against court order or request from administrative authorities holding legal competence to request them.

7.6. The Users may ask for exclusion of the gathered data and consequent end of access to the Site contacting Rommanel by the email: miami@rommanel.com. Rommanel will dedicate best efforts to meet all the orders at the shortest possible time, and, after the data is excluded, the User’s registration with Rommanel will be automatically cancelled.

7.6.1. Even in case of request for exclusion of the data, as above stated, Rommanel will observe the minimum term for keeping of information determined by the laws.

8. Term and Termination of the Access

8.1. The access to the Site is provided for undetermined time for the Users, and Rommanel is entitled to terminate the availability anytime, also as a result of undue use of the platform, irrespective of prior notice and no sort of indemnity shall be due to the Client or Consultant pursuant to the termination.

8.2. The Users acknowledge that Rommanel may, at its free and exclusive discretion and without prior notice, cancel the access of the Client or Consultant to the Site’s exclusive access for registered parties in case such access is inactive for more than ninety (90) days.

9. Miscellaneous

9.1. Any clause or condition of this instrument that, for any reason whatsoever, is deemed to be null or ineffective by any judge or court will not affect validity of the other provisions under this Term, which shall remain perfectly valid and binding, generating effects to their utmost extension.

9.2. Rommanel’s failure to enforce any rights or provisions of the Terms herein shall not be deemed as waiver, and it shall be totally entitled to regularly enforce its right within the due legal terms.

10. Governing Law and Jurisdiction

10.1. The legal relationship herein is governed exclusively by the laws of Florida/USA, including eventual claims derived from violation of its terms and conditions.

10.2. The parties hereby elect the Jurisdiction of Florida /USA to resolve any doubts, questions or controversies arising out of the Terms herein, with express waiver of any other, irrespective of the matters of privilege.

Last update: 06.21.2016.