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Welcome to Rolling Rock Building Stone, Inc. (“Rolling Rock”) website’s Terms and Conditions.

We have posted these Terms and Conditions to be in compliance with numerous laws that regulate the provision of information and services on the Internet. After reviewing these Terms and Conditions, if you have questions about Rolling Rock and/or about the use of materials on our website, please contact our webmaster. (See Contact Us Page)

TERMS & CONDITIONS

The following Terms and Conditions shall govern the Rolling Rock website (the “Site”).

The terms “you” and “user” as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.

By accessing and using the Site, you acknowledge that you have read and understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use the Site if you have any objections to any of these Terms and Conditions.

Rolling Rock may revise these Terms and Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read these Terms and Conditions each time you visit the Site.

1. Copyright and Permissions

Please feel free to browse the Site. You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, provided that all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Site.

You may not distribute, transmit, copy, download or otherwise make available any material from the Site, including any text, images, audio clips, or video clips for public or commercial use, without the prior written permission of Rolling Rock; you also may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Site without prior written permission.

None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Rolling Rock.

Except as otherwise noted, all content of the Site is:

©2001-2013 Rolling Rock Building Stone, Inc. All Rights Reserved.

Rolling Rock has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use material, please contact us. Please go to the “CONTACT US” page and address your request to “MARKETING” or telephone the office and ask for the Marketing Department.

2. Trademarks/Service Marks

The trademarks/service marks and logos (collectively the “Marks”) displayed on the Site identify the products and services of Rolling Rock, its advertisers and other third parties, and to inform the public as to the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

  • In a manner likely to cause confusion;
  • To identify your products or services;
  • In, as, or part of your own trademarks or services marks;
  • In a manner that implies inaccurately a sponsorship, endorsement or other connection with your products, services or other activities; or
  • In a manner that disparages or dilutes the Marks.

You are also advised that Rolling Rock will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from Rolling Rock. Please make such requests by going to the “CONTACT US” page and address your request to “MARKETING” or phone the office and ask for the Marketing Department, and we will be prompt with our response.

3. Privacy

This Privacy Policy is a part of the Site’s Terms and Conditions which is binding on all Site users. The policy of Rolling Rock Building Stone, Inc. (“Rolling Rock”) is to respect and protect the privacy of our users. Rolling Rock includes as part of its mission, the constant effort to build users’ trust and confidence in the Internet by promoting fair information practices. To fulfill this mission, Rolling Rock agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing and using the Site. Because we gather certain types of personally identifiable information (“Personal Information”) from users of our Site, (limited to information supplied on the “CONTACT US” page) we feel you should know how we use, disclose, manage, and store the Personal Information that you may voluntarily provide us. Rolling Rock agrees to post prominently and in plain language its specific privacy policies. This Privacy Policy sets forth Rolling Rock’s current policies and practices with respect to nonpublic personal information of the users of the Site. Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. For our full Privacy Statement, see our PRIVACY POLICY

4. Disclaimers and Limitation of Liabilities and Warranties

The Site may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that your use of the Site is at your own risk. Rolling Rock reserves the right to make changes to the Site at any time.

ROLLING ROCK SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) ROLLING ROCK MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS/SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” ROLLING ROCK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.

5. Intellectual Property Limitation of Liability

Rolling Rock respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification [pursuant to 17 U.S.C. § 512(c)] must be provided to a designated Copyright Agent of Rolling Rock:

1. Identification of the copyrighted work(s) that you claim has been infringed;

2. Identification of where the material that you claim to be infringing is located on a Site;

3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;

4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

The designated agent of Rolling Rock for notification of claims of copyright infringement on the Site is our Webmaster who can be reached as follows:

Address: 40 Rolling Rock Road, Boyertown, PA 19512

Telephone: (610) 987-6226

Fax: (610) 987-9779

Similarly, if you believe that any of your trademarks or service marks has been infringed, please notify our Webmaster

6. Dispute Resolution

Any action based on a breach of the terms herein shall be brought to the federal or state courts presiding in the Commonwealth of Pennsylvania, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction to prevent such a breach, and grant to Rolling Rock its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

7. Applicable Laws and Jurisdictional Issues

The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Site, you consent to the jurisdiction of the federal and state courts presiding in Pennsylvania and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

8. Force Majeure

Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of Rolling Rock is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Rolling Rock, then Rolling Rock shall not be responsible to you for any failure or delay in the performance of its obligations. Rolling Rock shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Rolling Rock from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

9. Headings

The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

10. No Assignment

You may not assign your rights or obligations under this Agreement without the prior express written consent of Rolling Rock.

11. Invalidity of Provisions

In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

12. No Waiver

Any failure by Rolling Rock to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

13. Changes to the Terms and Conditions

No changes to these Terms and Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms and Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Rolling Rock.

14. Complete Understanding

These Terms and Conditions constitute the entire understanding between Rolling Rock and you with respect to the Site.

BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.

For more information about Rolling Rock or if you have any questions about our Terms and Conditions, please contact us in writing, via telephone, or use our “CONTACT US” page. Please specify the information you wish (ex. “Questions on Terms and Conditions”), and your request will be addressed promptly. We would be happy to answer your questions or hear your concerns.

Last Updated: November 5, 2013

 

PRIVACY POLICY

1. Policy

This Privacy Policy is a part of the Site’s Terms and Conditions which is binding on all Site users. The policy of Rolling Rock Building Stone, Inc. (“Rolling Rock”) is to respect and protect the privacy of our users. Rolling Rock includes as part of its mission, the constant effort to build users’ trust and confidence in the Internet by promoting fair information practices. To fulfill this mission, Rolling Rock agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing and using the Site. Because we gather certain types of personally identifiable information (“Personal Information”) from users of our Site, (limited to information supplied on the “CONTACT US” page) we feel you should know how we use, disclose, manage, and store the Personal Information that you may voluntarily provide us. Rolling Rock agrees to post prominently and in plain language its specific privacy policies. This Privacy Policy sets forth Rolling Rock’s current policies and practices with respect to nonpublic personal information of the users of the Site. Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below.

2. Collection and Use of Information

Generally, you may browse our Site without providing any Personal Information. We do not collect personal information about individuals. The only exception to this policy is information you specifically and knowingly provide when filling out the “CONTACT US” page. This information is used solely to provide you with an answer to your request for information. Once a response to your inquiry is completed, we do not deliberately retain that contact information in a separate database of any kind. We will never use it to contact you unless you have specifically asked us to do so. Some e-mail programs automatically retain a copy of sent correspondence and the e-mail address to which it was sent. This is a default function of the program that we use. Also, sound business practice dictates retaining a copy of some correspondence, and we may do so in your case.

If you ask us to, we may forward your inquiry to an established authorized reseller who we feel can adequately care for your request. Please be advised though, they are not bound by our privacy policy.

(For more information on “cookies” and our policy on the use of cookies see below)

3. Disclosure of Information

We will not sell, exchange, rent, lease or otherwise disclose your Personal Information or sensitive personal information to any third party without your consent. However, Rolling Rock may disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights of Rolling Rock or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it; (3) to any affiliate or to any third party who may acquire Rolling Rock; and (4) in situations involving threats to the physical safety of any person.

4. Security of Information

You can be assured that personal information collected through the Site is secure and is maintained in a manner consistent with current industry standards.

5. “Cookies”

You should be aware that non-personal information and data may be automatically collected on the Site through the use of “cookies.” “Cookies” are small text files (no larger than 4k) stored as text on a computer hard drive. Websites can use “cookies” to recognize repeat visitors, facilitate the visitor’s ongoing access to and use of the site, and allow a site to track usage behavior and compile aggregate data that will allow content improvements. “Cookies” are not programs that come onto a visitor’s system and damage files. The use of “cookies” is common in the Internet industry, and many major websites use them to provide useful features to their customers. Generally “cookies” work by assigning a unique number to the visitor that has no meaning outside the assigning site. If a visitor does not want information collected through the use of “cookies”, there is a simple procedure in most browsers that allows the visitor to deny or accept the cookie feature. Rolling Rock uses “cookie” technology but only to obtain non-personal information from online visitors in order to improve their online experience and facilitate their visit within the Site.

6. Links to Third Party Websites

The Site may contain links to the website of third parties not affiliated with Rolling Rock. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by the Site or Rolling Rock of the content, advertising or business practices. Rolling Rock is NOT responsible for the privacy practices or the content on any of other websites, including any Site that may indicate a special relationship or “partnership” with Rolling Rock. Rolling Rock does not disclose unique identifiers to those responsible for the linked Site. The linked Site, however, may collect personal information from you when you link to their site. This collecting of information is not subject to the control of Rolling Rock. To ensure protection of your privacy, always review the privacy policies of the Site you visit by linking from the Site.

7. Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. We never collect or maintain information at the Site from persons we know to be under age 13, and no part of our Site is designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13. By your participation in our Site activities, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Site.

8. Changes to this Privacy Policy

Rolling Rock may revise this Privacy Policy over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read this Privacy Policy each time you visit the Site. Changes will not apply retroactively to personal information that was collected before the changes to the Privacy Policy, except as may be required by law.

Last Updated: November 5, 2013

Photo Use and Application Policy

Proprietary Use of Photos

All photos used in our color literature, sent via E-mail, or located on our website are the property of Rolling Rock Building Stone, Inc. and cannot be used without written consent from Rolling Rock Building Stone, Inc. They are intended for your private use, only when viewing this site or other printed or digital media.

Photo Application

Images used in our color literature, sent via E-mail, or located on our website are not intended to be used as the sole basis to make your final stone selection. The color and quality of the individual photos may not be accurate due to the ability and limitations of the various photographers and camera equipment used to obtain the pictures. Environmental factors such as harsh sunlight or overcast sky will also have an impact on true color rendition. Please be aware that the resolution of your color monitor may limit your ability to view a high quality image. It is highly recommended that before you finalize your stone selection, that you visit our facilities or an authorized distributor in your area to view inventory or sample displays as available. If a visit is not possible or practical, please request samples. Please remember that photos are only intended to create a general feel for the product.

Last Updated: November 5, 2013