Terms and Conditions

These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by Rosewill, Inc., its subsidiaries and affiliates,(collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by Rosewill, in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. Therefore, you should review these Terms prior to using the Site.

Additional terms and conditions may apply to some products or services offered by Rosewill and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotional offers, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Terms.

You should also carefully review our Privacy Policy before using the Site as it also governs your use of the Site and our services.

Please read these Terms carefully before using the Site. If at any time you do not agree with any of these Terms, you must immediately stop using the Site.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND ROSEWILL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Index:

1. About us
2. Use of the Site
3. Orders
4. Products
5. Promotions
6. Content on the Site
7. Reporting claims of infringement of intellectual property rights
8. Incorporated policies
9. General terms

1. About us

Since 2004, Rosewill has created the best tech and lifestyle products to improve the quality of living. Manufactured with industry-leading parts and offered at competitive prices, Rosewill products remain true to our vision of delivering the highest quality and most innovative technology to homes. Our address is 21688 Gateway Center Dr. Suite 300 Diamond Bar, CA 91765. You can contact us by mail at the above address, by email at privacy@Rosewill.com or by telephone at 1 (800) 575-9885.

2. Use of the Site

When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Rosewill may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to Rosewill that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:

• Access or attempt to access the Site other than through the interface that is provided by Rosewill, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Rosewill;
• Access or attempt to access the Site, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers;
• Engage in any activity that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site), or our services;
• “Scrape”, duplicate, reproduce, copy, republish, license, sell, trade or resell the Site for any purpose;
• Divert or attempt to divert Rosewill customers to another website, mobile application, or service;
• Send unsolicited or unauthorized emails on behalf of Rosewill, including promotions and/or advertising of products or services;
• Restrict or inhibit any other person from using the Site or our services;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
• Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these Terms; or
• Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or our services.

Rosewill reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. Rosewill reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in its sole discretion, at any time, for any reason, without notice. ROSEWILL WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SITE, OR THE SITE ENTIRELY.

3. Placing an order

3.1. Orders

At this time, we do not offer Rosewill Products for purchasing through our website. Rosewill Products can only be purchased through third-party platforms such as Walmart, Amazon, Newegg, or other authorized online marketplaces.

When an order is placed to one of the participating marketplace platforms and payment is processed, you will receive an order confirmation, purchase order (PO) number, and tracking information directly from the platform. Processing times, shipping policies, return procedures, and all related terms are governed by the specific platform on which your order was placed. For further information relating to placing an order, please refer to the respective platform’s terms and conditions.

Customers are responsible for reviewing and complying with the applicable guidelines, terms, and conditions of the marketplace through which their order is placed.

3.2 Payment

• Subject to the specific guidelines, terms, and conditions of the platform through which the order was placed, Customers are responsible for reviewing and adhering to the platform-specific payment requirements and process.

3.3. Shipping

Rosewill provides shipping services for warranty-fulfilled products. Any shipping and handling charges associated with returning the product will be the responsibility of the customer. Rosewill will provide free shipping for sending the replacement product back to the customer once the original product has been received. Once the product is shipped, customer will receive tracking information and details to the e-mail address linked to the purchase.

3.4. Risk of Loss and passing of Title

Rosewill will arrange for shipment of qualifying product(s) to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. Title to the product(s) – excepting software – will also pass to you upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. Rosewill will advise you of estimated shipping dates, but Rosewill will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

3.5. Taxes

Within the United States, Rosewill, Inc. collects sales tax on taxable products shipped to every state that has a sales tax. Please note that even if Rosewill does not collect state sales tax, you are required to pay the tax. Sales tax laws regularly change, and we will use commercially reasonable efforts to keep our information current. If you believe your order is not taxable, please submit an exemption certificate before finalizing your purchase.

3.6. Tax exemption

If you are a tax-exempt organization or reseller, you can apply for tax exemption on your Rosewill orders. To learn about tax exemptions, please click here.

3.7. Customs, duties & taxes

When ordering products from Newegg for delivery from outside of your jurisdiction, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. Additionally, please note that when ordering from Newegg, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

3.8. Order processing

3.8.1. Warranty Repair

Rosewill will keep you informed of your warranty-fulfilled replacement order status via email. Once your order has shipped, all tracking information will be emailed to the e-mail address registered (except when an APO/FPO/DPO is the shipping destination).

3.8.2. Warranty Repair Processing

Once we have received your items that qualify for warranty repair, you can expect your order to be processed within approximately 1-2 business days, provided the items are in stock and there are no problems with payment verification. Rosewill does not guarantee same day-shipping. We do not process orders on Saturdays or U.S. holidays.

3.10. Returns

To learn about returns, please review our Return Policy. The Return Policy is incorporated into these Terms in its entirety.

Nothing in the Return Policy limits your rights and remedies under any law.

4. Products

4.3. Technical support

Rosewill provides product-related technical support to assist customers with setup, troubleshooting, and general inquiries. Customers may contact our support team directly at TechSupport@Rosewill.com for assistance. Please note that response times may vary, and support is provided in accordance with our standard service policies. 6.4. Product-specific policies

4.4.1 “Must Be Purchased with Hardware”

The “must be purchased with hardware” precept is mandated by the software publisher. In accordance, Rosewill customers must purchase some type of product that falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, and processor are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.

4.4.2 Buyers of optional service plans, warranties, and protection plans

If you purchase certain products through the Site, you may be able to purchase an optional service plan, warranty, or protection plan (the “Plans”) for the product. The Plans are provided by third-party service providers and may have their own set of terms and conditions. If applicable, the details of the Plans will be available to you at the point of purchase. You should carefully review the applicable terms and conditions for the Plans before you purchase any of the Plans.

You authorize Rosewill to initiate a charge to the credit card or other payment method that was used to purchase the equipment in the amount of $250.00, the equipment discount, if it is due.

5. Promotions

Promotional offers, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, and etc. (collectively, “Promotions”) are subject to change without notice. In addition, Rosewill reserves the right to modify or cancel Promotions at any time, for any reason, and without notice, but will honor orders already placed.

To learn about Promotions, please click here for the Promotions Policy. The Promotions Policy is incorporated into these Terms in its entirety.

6. Content

6.1. Intellectual property

All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Rosewill, its suppliers, licensors, or other providers of such material and is protected United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Rosewill and its suppliers and licensors expressly reserve all intellectual property rights in all content.

These Terms permit you to use the Site for your personal, non-commercial use only.

The Rosewill name, logos, service names, designs, and slogans are trademarks of Rosewill. You must not use such marks without the prior written permission of Rosewill. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rosewill.

6.2. Pricing and availability

All prices are displayed in the currency of the jurisdiction of the country you have selected when accessing the Site.

All pricing is subject to change without notice, and Rosewill reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes and other extenuating circumstances.

On rare occasions, an item in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. IF WE HAVE MADE A MISTAKE AND A PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE ON THE SITE, WE MAY EITHER CONTACT YOU BEFORE SHIPPING TO ASK WHETHER YOU WANT TO BUY THE PRODUCT AT THE CORRECT PRICE OR CANCEL YOUR ORDER. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

Rosewill may limit the number of products available for purchase. Rosewill may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.

We list availability information for products sold by us on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. As we process your order, we will inform you by email as soon as possible if any products you order turns out to be unavailable. Rosewill shall at its sole discretion, at any time, have the right to refuse or cancel any order for a product that is unavailable. If such order is canceled after your credit card has been charged for the purchase, Rosewill will issue a credit to your credit card account in the amount of the charge.

6.3. Product listings

Prices and availability of products are subject to change without notice. Any changes to Rosewill-controlled prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. Rosewill strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the Site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Rosewill reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. RosewillRosewillAdditionally, all hyperlinks to other websites from Rosewill are provided as resources to customers looking for additional information and/or professional opinion. Rosewill does not assume responsibility for the claims and/or representations made on these or any other websites.

Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

6.4. Product revisions

NEWEGG IS NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. In the interest of our customers, Newegg puts forth commercially reasonable efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on the Site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Newegg relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. CONSEQUENTLY, NEWEGG WILL NOT BE HELD RESPONSIBLE FOR PRODUCT REVISION CHANGES.

6.5. Links

All links to other websites from Rosewill are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, Rosewill does not assume responsibility for the claims and/or representations made on these or any other websites. IF YOU ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE POLICIES AND TERMS AND CONDITIONS FOR SUCH WEBSITES.

7. Reporting claims of infringement of intellectual property rights

7.1. Notices of copyright infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Rosewill infringe your copyright, you may request removal of those materials (or access to them) from Rosewill by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• A physical or electronic signature of the copyright owner or a person who is authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Copyright Agent
Rosewill Legal Department
21688 Gateway Center Dr. Suite 30
Diamond Bar, CA 91765
Phone: (626) 271-9700
Fax: (626) 271-9480
copyright@Rosewill.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on Rosewill is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-notification procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
• Your name, mailing address, telephone number, and email address;
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Rosewill may be found) and that you will accept service from the person (or an agent of that person) who provided Rosewill with the complaint at issue.

Completed Counter-Notices should be sent to:

Copyright Agent
Newegg Legal Department
21688 Gateway Center Dr. Suite 300
Diamond Bar, CA 91765
Phone: (626) 271-9700
Fax: (626) 271-9480
copyright@newegg.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

7.2. Notices of trademark Infringement

In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to Rosewill:

• A physical or electronic signature of the trademark owner or a person who is authorized to act on behalf of the trademark owner;
• Identification of the trademark, service mark, and/or trade dress you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

Notices of trademark infringement should be sent to:

Newegg Legal Department
21688 Gateway Center Dr. Suite 300
Diamond Bar, CA 91765
Phone: (626) 271-9700
Fax: (626) 271-9480
trademarks@newegg.com

7.3. Notices of Infringement of other intellectual property rights

In order to remove infringing content, please send a notice of infringement containing the following information to Rosewill:

• A physical or electronic signature of the owner of the other intellectual property right or a person who is authorized to act on behalf of the owner of the intellectual property right;
• Identification of the other intellectual property right you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

Notices of infringement of other intellectual property rights should be sent to:

Newegg Legal Department
21688 Gateway Center Dr. Suite 300
Diamond Bar, CA 91765
Phone: (626) 271-9700
Fax: (626) 271-9480

infringement@newegg.com

7.4. Repeat infringers

Newegg takes the protection of intellectual property rights very seriously. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

8. Incorporated policies

The following policies and terms and conditions have been incorporated into these Terms:

• U.S. Payment Methods;
• U.S. Shipping Policy;
• Return Policy;
• and
• Promotions Policy.

9. General terms

9.1. Electronic Waste Recycling Act

The Electronic Waste Recycling Act (“Act”) became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state’s behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state by and only applies to orders shipped within California.

The types of products that we are required to collect this recycling fee include cathode ray tubes, cathode ray tube devices, flat panel screens, and other similar video display devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:

• Greater than 4″ and less than 15″ — $5.00
• Greater than or equal to 15″ and less than 35″ — $6.00
• Greater than or equal to 35″ — $7.00

For more information concerning the scope and details of the Act, please refer to the California Department of Resources Recycling and Recovery’s website or to the Department of Toxic Substances Control’s website.

9.2. Unauthorized charges

Fair Credit Billing Act: You will pay nothing if unauthorized charges are made to your card as a result of shopping at our online store, subject to the terms of this paragraph. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges if you promptly report the unauthorized charge. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

9.3. Recordings

Rosewill does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with Rosewill unless you have provided clear and conspicuous notice to Rosewill and have received prior written consent from Rosewill.

9.4. Your indemnification

To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Rosewill, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.

9.5. Warranties; All product sold “AS-IS” or “With All Faults”

ROSEWILL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH ROSEWILL ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR ROSEWILL, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, ROSEWILL DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.

9.6. Liability; Exclusions

NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.

SUBJECT TO THE PRECEDING PARAGRAPH, ROSEWILL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY ROSEWILL AT THE TIME OF ENTERING INTO THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 13.6, IN ALL CIRCUMSTANCES ROSEWILL’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of this section do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Rosewill reserves all rights, defenses and permissible limitations under the law of your State of residence.

9.7. Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms or the sales transactions between you and Rosewill be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Rosewill agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Los Angeles, California or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Rosewill. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to Rosewill at 21688 Gateway Center Dr. Suite 300 Diamond Bar, CA 91765 to the attention of Rosewill Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Rosewill.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND ROSEWILL, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND ROSEWILL EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Rosewill that is more than one year after the date of the applicable invoice.

Rosewill is not authorized to do business in every jurisdiction. Information published on the Site may contain references or cross-references to goods or services that are not available in your state or country.

9.8. Waiver

The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

9.9. Severability

If any provision contained in these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

9.10. Third Party Rights

These Terms are between you and us. No other person shall have any rights to enforce any of its terms with the exception of manufacturers and Marketplace Sellers referred to in the Terms – such manufacturers and Marketplace Sellers will only have right to enforce any terms against you (and not against Rosewill), including any limitation or exclusion of liability in favor of Rosewill under these Terms.

Notwithstanding the preceding paragraph of this section 13.10, neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

9.11. Entire Agreement

These Terms, together with Rosewill’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between Rosewill and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Rosewill and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

9.12. Children

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use Rosewill with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.