WEB SITE
TERMS OF USE


USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

A. Overview.

This web site (the "Site") contains pages and materials made available for download and viewing by RotoZip, a division of the Robert Bosch Tool Corporation (RBTC) ("RotoZip"), and contains or may contain pages and material made available for downloading and viewing by individual members ("Members") of the Site, and by advertisers, sponsors and other content contributors ("Content Contributors"). Portions of the Site authored by RotoZip or its authorized agents, contractors, and employees are referred to herein as "RotoZip Materials." Portions of the Site authored by Members are referred to herein as "Member Materials." Portions of the Site authored by other Content Contributors are referred to herein as "Third Party Materials."

B. Use of RotoZip Materials.

All RotoZip Materials on the Site are protected by federal and international copyright and trademark laws and are the property of RotoZip and/or its affiliates. No portion of the RotoZip Materials may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of RotoZip.

You may view or download RotoZip Materials for your own personal, non-commercial use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded RotoZip Materials and you shall comply with any applicable end user license agreements. With respect to RotoZip Materials, any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by RotoZip.

C. Accuracy of RotoZip Materials.

Although RotoZip attempts to ensure the integrity and accurateness of the RotoZip Materials, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the RotoZip Materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy arises, please inform RotoZip so that it can be addressed. Information contained on the Site may be changed or updated without notice.

D. Use of Member Materials and Third Party Materials.

All Member Materials and Third Party Materials on the Site are the responsibility of their respective authors, creators, and/or owners. RotoZip is not responsible for Member Materials and Third Party Materials, and the views and opinions expressed in Member Materials and Third Party Materials are not necessarily those of RotoZip or its affiliates. RotoZip cannot, and does not, review Member Materials or Third Party Materials before they are made accessible through the Site. Nevertheless, please be advised that Member Materials and Third Party Materials may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute Member Materials or Third Party Materials may be limited accordingly.

E. Warranty Disclaimer.

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPERLINKED WEB SITES.

ROTOZIP, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, OR ANY HYPERLINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, AND/OR HYPERLINKED WEB SITES, IS TO STOP USING THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR HYPERLINKED WEB SITES.

F. Trademark Notice.

This Site includes numerous RotoZip trademarks, service marks, and logos, including, but not limited to REBEL, REVOLUTION, ROTOKIT, ROTOMONSTER, ROTOZIP, RTMO1 ROTOMITE, SPIRA CUT, SCS01K, SCSO1ST, SCSO2, SPIRAL SAW, ZIP, ZIP MATE, CRCT1, GP10, RZ125, RZ250, ZBSC5, ZM101, ZMREBELAZ, ZBWT8, RZ01, DR1, RZ15, RZ05, RZ10, RZ20, ZM2, CRCT2, WD1, ZB10, FBR1, SC5, DC10, TC1, RZMAS2, RZMET2, RZDIA1, SEG1, RZVAC1 and the distinctive Logos used on this page (collectively, the "RotoZip" Marks). The RotoZip Marks are the sole and exclusive property of RotoZip, and by continuing to access this Site, you acknowledge this, and agree not to use the RotoZip Marks without RotoZip's prior, written permission. Fair use of the RotoZip marks requires proper acknowledgment.

Other terms may also be used in this Site, which may be the trademarks, service marks, or logos of third parties. The appearance of these terms should not be interpreted to imply that RotoZip is affiliated with, connected with, or sponsored by these entities.

G. Infringement.

It is RotoZip's policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. RotoZip reserves the unilateral right to remove any material posted to this site for any reason, without liability or obligation of any kind. RotoZip will terminate the access of all Members who repeatedly infringe the intellectual property rights of others. Likewise, any apparent infringement of RotoZip's intellectual property rights by one of its Members will result in the immediate termination of that Member's access to the Site.

As provided in the Digital Millennium Copyright Act of 1998, RotoZip has designated the following individual for notification of potential copyright infringement regarding Member Materials and Third Party Materials on this Site:

Contact us if you believe Member Materials or Third Party Materials hosted on this Site infringe a copyright, please provide the following information to the person identified above (17 U.S.C. ¤ 512):

- A physical or electronic signature of the copyright owner or authorized agent;

- Identification of the copyrighted work(s) claimed to have been infringed;

- Identification of the Member Materials or Third party Materials that are claimed to be infringing or the subject of the infringing activity and information reasonably sufficient to permit us to locate the identified Member Materials or Third party Materials;

- Information regarding how RotoZip may contact you (e.g., mailing address, telephone number, e-mail address);

- A statement that the copyright owner or its authorized agent has a good faith belief that use of the Member Material or Third party Materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

- A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If RotoZip removes or disables access to Member Materials or Third Party Materials according to these Terms and Conditions, RotoZip may, in its discretion, provide the Member or Contact Contributor with a copy of the notification, which prompted removal or disabled access to the Member Materials or Third Party Materials. However, RotoZip reserves the right to withhold access to and/or not replace the Member Materials or Third Party Materials unless ordered to do so by a court or other tribunal of competent jurisdiction.

H. Links to Our Site.

If you desire to provide a hyperlink from your web site to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement. Click here to access our Hyperlink License Agreement.

I. Other Web Sites.

RotoZip makes no representations whatsoever about any other web site that you may access though this Site. When you access a non-RotoZip web site, please understand that it is independent from RotoZip, and that RotoZip has no control over the content on that web site. In addition, a hyperlink to a non-RotoZip web site does not mean that RotoZip endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download from that site is free of such items as viruses, worms, trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.

J. Choice of Law and Venue.

These Terms and Conditions are entered into in the State of Wisconsin, U.S.A., and shall be governed by and construed in accordance with the laws of the State of Wisconsin, U.S.A., exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Milwaukee in the State of Wisconsin, U.S.A., and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

K. Entire Agreement.

These Terms and Conditions constitute the entire agreement between RotoZip and you pertaining to the subject matter hereof. In its sole discretion, RotoZip may modify these Terms and Conditions by posting the revised version on this Site, and by continuing to use this Site, you agree to be bound by any such modifications.

L. No Unlawful or Prohibited Purpose.

As a condition of your use of this Site, you warrant to RotoZip that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If RotoZip is informed that you are making a possibly unlawful or prohibited use of the Site, RotoZip may unilaterally deny your further access to the Site or any portion thereof.

USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH ABOVE. PLEASE READ THIS INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

Hyperlink License Agreement

Subject to the following terms and conditions of this Hyperlink License Agreement ("License"), RotoZip will grant you a non-exclusive, royalty free, non-transferable license to create a hyperlink from your internet web site to our web site (the "Link") and/or use the RotoZip logo displayed below (the "Link Logo"). Except as expressly provided in this License, all rights to RotoZip's intellectual property are specifically reserved.

To indicate your acceptance of the terms and conditions contained in this License, please complete the form and click the button marked "I Accept" at the end of this Agreement. A printout of this License, with the contact information you provided, along with an indication that you accepted, should then be sent to the email address you provided. If you do not receive this printout, please contact our Webmaster at webmaster@rotozip.com to request a copy.

Form of Link. 

You may only Link to our home page at "www.rotozip.com." If used, the Link Logo must be used, unaltered, as a link to "www.rotozip.com." You may not use the Link Logo as a static image. You may not frame the RotoZip web site or modify or alter the content or manner of display of RotoZip's web site.

References to Our Company Name.

Our company name must appear as "RotoZip, a division of the Robert Bosch Tool Corporation (RBTC)" at the first and most prominent use on any web site. Thereafter, you may refer to our company as "RotoZip."

Proprietary Marks.

The RotoZip name, Link, and Link Logo, as well as the marks referenced in the Terms of Use, contain RotoZip's proprietary logos, trademarks, and service marks (collectively, the "RotoZip Marks"). The RotoZip Marks may not be modified or altered in any way. You may not use the RotoZip Marks:

- To imply sponsorship or endorsement by RotoZip;

- To disparage RotoZip, its product or services;

- In connection with any products or services that in RotoZip's sole judgment may diminish or damage the goodwill in the RotoZip Marks;

- In such a way that the RotoZip marks are displayed more prominently than the name/logo of your company;

- In, or as part of your own trademarks or service marks;

- In, or as part of your own trademarks or service marks;

- To infringe RotoZip's intellectual property rights or violate any state, federal, or international law.

Trademark Notice.

The following notice shall be included on the web page in which the Link or Link Logo appears: "RotoZip and the RotoZip Logo are trademarks of Robert Bosch Tool Corporation (RBTC)."

Not a Trademark License

This License should not be construed as, nor shall it constitute, a trademark, service mark, domain name, or copyright license. You may not use the RotoZip Marks in connection with the sale or promotion of any products or services that are not genuine RotoZip products or services (manufactured and/or provided by or for the benefit and at the direction of RotoZip).

Disclaimer of Warranties.

ROTOZIP'S WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ROTOZIP'S WEB SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.

Limitation of Liability and Remedies.

YOU AGREE THAT ROTOZIP SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE LINK AND/OR LINK LOGO. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE LINK AND/OR LINK LOGO IS TO STOP USING THEM. YOU AGREE TO RELEASE AND FOREVER DISCHARGE ROTOZIP AND ITS AGENTS, EMPLOYEES, ASSIGNS, OFFICERS, ADMINISTRATORS, PREDECESSORS, SUCCESSORS, SUBSIDIARIES, AND DIRECTORS OF AND FROM ANY AND ALL PAST, PRESENT, AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES, AND ATTORNEYS' FEES, WHETHER KNOWN OR UNKNOWN, INCLUDING ANY AND ALL CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK AND/OR LINK LOGO.

Indemnity.

You agree to defend, indemnify, and hold harmless RotoZip and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, attorneys' fees as provided herein, arising out of any claim relating to your use of the RotoZip company name, the Link, or the Link Logo by paying all amounts that a court finally awards or that your agree to in settlement of such claims.

Termination of License.

RotoZip may terminate this License at any time, in its sole discretion, without liability or obligation to you of any kind. RotoZip has the right to inspect your web site from time-to-time to ensure compliance with this License. In the event this License is terminated, you will remove all references to RotoZip, including the Link and Link Logo, within twenty-four (24) hours of written request by RotoZip.

Entire Agreement.

This License constitutes the entire agreement of the parties with respect to the subject matter thereto. Only a writing that refers to this License and is signed by both parties may amend this License.