Terms and Conditions
RIX North America Site Terms and Conditions
These Terms and Conditions of use (these “Site Terms”) contain the terms and conditions governing this website www.rix-us.com (http://www.rix-us.com) (the “Site) and is a binding agreement between RIX CORPORATION (together with our affiliates and subsidiaries, RIX, we, us, and our) and you the user, along with any company you represent (collectively, you)
RIX CORPORATION (together with our affiliates and subsidiaries, RIX, we, us, and our) reserve the right to revise these terms and conditions, or any applicable policy, at any time and at our sole discretion. Modifications will be effective immediately upon posting revisions to the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of the Site will confirm that you accept any modifications: therefore, you should frequently review these Site Terms and related policies to understand how they apply to your use of this website. Your failure to comply with these Site Terms will constitute a breach of contract and may violate our copyright, trademark, and other proprietary and industrial property rights. If you do not agree to the current Site Terms, please stop using the Site.
This Site is owned and operated by RIX. We own the or have the rights to all of the user interfaces, photographs, names, text, titles, phrases, trade names, trademarks, service marks, logos, wallpaper, icons, characters, page headers, button icons, scripts, artwork, images, designs, graphics, pictures, illustrations, video, music, sound, and other content of the Site and the design, structure, selection coordination, expression, “look and feel” and arrangement of such content (the “Content”) and all the HTML and other code and scripts in any format used to implement the Site (the "Code"), and we reserve all rights to such Content and Code. The Site,
Content and Code (collectively, “Site Material”) may be protected by copyright, trademark, trade dress and other intellectual property rights laws, unfair competition laws, and treaty provisions and may not be used without our prior written permission or the permission of the applicable rights owners.
You may only access and use the Site Material as it appears on the Site for your own personal use. Any Content that you download for your own internal use must maintain all copyright or other notices. You acquire absolutely no rights or licenses to the Site Material, other than the limited right to use the Site Material in accordance with these Site Terms. Any rights not expressly granted herein are reserved.
You may not use contact information provided on this site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of this site or to surreptitiously intercept any system, data, or personal information from this site. You agree not to interrupt or attempt to interrupt the operation of this site in any way.
Suspension or Modification of Use
We reserve the right to withdraw or limit your access to the Site or to revise the pricing and product descriptions on the Site at any time without notice, including due to your use or access of the Site being deemed by us, in our sole and absolute discretion, to be detrimental in any respect to our business, the rights of others, the operation of the Site, or proper access or use of the Site by authorized users. We reserve the right to modify, suspend, interrupt, or terminate operation of or access to the Site Material or any portion thereof at any time without notice and for any reason.
No Use by Children
The Site is intended only for use by individuals 18 years of age and older. You are not permitted to use this Site if you are under 18 years of age. If you are under 18 years of age, please ask your parent or guardian for assistance in accessing this Site.
Accuracy, Completeness, and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right, but have no obligation, to modify the contents of this Site at any time. You agree that it is your responsibility to monitor changes to this Site.
Products and Pricing
Although we strive by reasonable efforts to confirm that product and pricing information provided on this Site is accurate, we do not accept liability if these types of information are inaccurate. We do not warrant that product descriptions, pricing and other Content on the Site are accurate, complete, reliable, current, or error-free. You agree not to attempt to enforce pricing or product descriptions that are out of date, inadvertently inaccurate, or the result of typographical errors.
The prices for products displayed on the Site are subject to change at any time without notice. The prices displayed may not include either applicable taxes or shipping and handling, all of which are to be paid by the purchaser.
The products described on this Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in our Site will be available for purchase in all jurisdictions.
Use of Information You Submit
If you provide testimonial information for purposes of assisting us with marketing our products and services, you expressly consent to our use of such information for marketing purposes. If we publish Testimonial Information, including photographs, testimonials, questions, or other material you submit to us for potential publication, you consent that we may identify you as the source of such material by username, first name, or company name, along with your city and state of residence, as noted on any applicable submission page.
We welcome your comments and suggestions on our Site and products, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other material relating to developing, designing, redesigning, modifying, manufacturing, or marketing our current or new products.
Any information or other material you provide to us, including feedback, testimonials, photographs, data, questions, comments, suggestions, or the like, shall be deemed to be of a non-confidential and non-proprietary nature. All such submitted material, whether through the Site or by mail, email, telephone or otherwise, shall become our property upon our receipt of the same, and your submission of material shall constitute an assignment to us of all worldwide right, title, and interest in such material.
We are not liable for any subsequent use or disclosure of such material. We have no obligation to keep such material confidential and we are free to use, reproduce, edit, modify and disclose or distribute to any other parties without limitation any such material and ideas, concepts, know-how or techniques contained in such material, for any purpose, including developing, designing, redesigning, modifying, manufacturing and marketing current or new products which incorporate or otherwise rely upon such information.
You may not infringe, misappropriate or violate the rights of third parties by your submission of any material. You may not submit material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and such material must not consist of or contain malicious scripts or software programs, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of submitted material. You may not use the Site for your own marketing purposes. You represent and warrant that you own or otherwise control all the rights to the content you submit; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify RIX for all claims resulting from content you supply.
This Site is controlled and operated in whole or in part by RIX from our offices within the United States of America, and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. You are responsible for complying with the laws of the United States and the laws of the jurisdictions where you are located and from which you access the Site, including U.S. export and re-export laws and regulations regarding the transmission of technical data, and you agree that you will not access or use any Site Material in violation of such laws.
Not all of the products described on the Site are available in all jurisdictions. Furthermore, nothing on the Site constitutes an offer or solicitation to buy or sell any product to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
Third-Party Links & Social Media
We occasionally link to third-party websites, including social media websites (Facebook, LinkedIn, Youtube, etc.). This is to provide you with additional information but does not mean that we endorse or are otherwise affiliated with such websites. We have no responsibility for the content or activities on those websites, and we do not guarantee or make any representation or warranty with regard to their quality, accuracy, reliability, completeness, currency, timeliness, security, non-infringement, merchantability, or fitness for any purpose. We expressly disclaim any responsibility for the content and operation of any third-party websites linked to our Site or the products or services of that third party. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
ANY DOWNLOADS FROM THE SITE ARE ACCOMPLISHED AT YOUR OWN RISK. We cannot and do not guarantee or warrant that the Site Material is compatible with your computer systems or that the Site Material will be free of viruses, worms, Trojan horse programs, ransomware or other malware, or disabling devices or other code that manifests restrictive, contaminating, or destructive properties. You are responsible for implementing safeguards to protect the security, integrity, and availability of your computer systems, and you are responsible for the entire cost of any service, replacement, repairs, or connections of and to your computer systems that may be necessary as a result of your use of the Site.
No Representations or Warranties
THE SITE AND SITE MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE MATERIAL AND THE OPERATION, INTEGRITY, OR AVAILABILITY OF THE SITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE EXPRESSLY DISCLAIM THAT ANY SITE MATERIAL IS OR WILL BE ERROR-FREE OR THAT THE SITE WILL OPERATE PROPERLY OR WITHOUT INTERRUPTION AS THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION AVAILABLE ON OR FROM THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SITE MATERIALS AND YOUR RELIANCE ON THE INFORMATION CONTAINED THEREIN IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING, BUT NOT LIMITED TO: LOSS OF DATA, LOSS OF BUSINESS, AND DAMAGE TO PROPERTY RESULTING FROM YOUR USE OF THE SITE AND SITE MATERIALS.
Exclusion of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA OR INFORMATION, LOSS OF USE OF THE SYSTEM(S) OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OUR PROVISION OF THE SITE OR SITE MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD REASONABLY HAVE BEEN FORESEEN BY RIX.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, VENDORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SITE MATERIAL, OR YOUR BREACH OF THESE SITE TERMS.
These Site Terms constitute the entire agreement between you and us governing the subject matter hereof. Your obligations under these Site Terms may not be delegated or assigned without our prior, written permission. These Site Terms may only be modified by our updates to this posting as provided herein.
If any provisions contained in these Site Terms are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the enforceability of the remaining provisions contained herein, and any such remaining terms, conditions or provisions shall be modified to provide us with the greatest protection possible.
No delay or failure by us to exercise or enforce at any time any right or provision of these Site Terms will be considered a waiver of our rights thereof or a waiver of our rights thereafter to exercise or enforce each and every right and provision of these Site Terms. No single waiver will constitute a continuing or subsequent waiver. None of our claims or rights arising out of a breach of these Site Terms shall be discharged in whole or in part except in writing.
Governing Law and Venue
These Site Terms are governed by and construed in accordance with the laws of the State of Tennessee, without regard to any conflict of law’s provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Site Terms. You agree that any legal action or proceeding between you and us for any purpose concerning these Site Terms or the obligations of you or us hereunder shall be brought exclusively in a federal or state court of competent jurisdiction located in Knoxville, Tennessee. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in the State of Tennessee in connection with any and all suits, actions or other proceedings arising out of or in connection with this Site or these Site Terms. If you have violated or threatened to violate these policies, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages that we may have. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees.
Manner of Communication
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that a printed version of these Site Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Site Terms and Conditions were last updated on December 15, 2017.