Ecommerce Manager Terms and Conditions
Definition of Terms
The Ronati website, including its applications and services, (“Site”), is owned and operated by Ronati, LLC. “Ronati,” “Us” or “We” includes third-party service providers under contract to Ronati. "You" shall mean either You as an individual, or the entity or person on whose behalf You are using the Site. “Third-Party Sites” are websites and services not provided by Ronati but that you may access or use in connection with our Site.
Your Use of the Site is Conditional on Your Acceptance of These Terms
Ronati provides You with access to the Site to help you easily manage your items within Ronati and on Third-Party sites. Your use of the Site constitutes your express agreement with these Terms and that You are authorized to accept them. Your continued access to the Site is subject to your adherence to these Terms.
Ronati grants You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site as permitted by these Terms. You may not, nor assist or permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof. You may not assign or grant a sublicense of your rights to use the Site, grant a security interest in your rights to use the Site nor otherwise transfer any part of your rights to use the Site.
You agree not to use the Site to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Site.
The Site may be used only for lawful purposes and in a lawful manner.
Ronati may refuse service, in whole or in part, to anyone at any time in its sole discretion. You agree that Ronati will not be liable to You or any third-party because it has denied access to the Site.
Changes to These Terms
These Terms may be modified from time to time by Ronati. We will attempt to keep You informed of any significant changes. However, it is your responsibility to check for any changes when You use the Site. Access to the Site following any changes to the Terms constitutes your express agreement to those changes.
Location of Your Information
The information You provide in your use of the Site is collected and processed in the United Kingdom. Your action of providing information shall be construed as express, unambiguous agreement to the collection and processing of it in the United Kingdom.
You agree to comply with all applicable laws including any that govern import and export of your items and data.
No partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Site.
Commerce, and eCommerce especially, depends upon and thrives on honesty. You are solely responsible for all the information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content") that You upload, email, transmit or otherwise make available while using the Site. This includes having the legal right to use such Content. That responsibility extends to any Third-Party Sites You interact with via the Site. Furthermore, You are responsible for the consequences of your actions including any loss or damage which Ronati may suffer and You agree to hold Ronati harmless for your Content and any actions or inactions of yours on this Site or any Third-Party Sites.
Your Content is yours and Ronati does not claim ownership of such. You may export or download all your information in spreadsheet format at any time as well as export or download your images. We are not responsible for any personally identifiable or other information You post publicly on the Site.
In order to display some or all of your Content on Third-Party Sites, You agree Ronati may use, distribute, syndicate, reproduce, modify, adapt, publicly perform or publicly display your Content. We will not use your content unless specifically authorized by you. You also agree to hold Ronati harmless from any claims arising from Third-Party Sites.
You agree Ronati may remove any item from the Site at any time in its sole discretion and that You will not hold Ronati liable because it has removed any item from the Site.
Automatic Transfer of Your Content
- You agree that if You use the Site to assist You to automatically transfer or update your Content to Third-Party Sites, Ronati is acting as your agent under your specific control and authority and that the responsibility to adhere to other Third-Party Sites’ terms is not Ronati’s, but yours alone.
- Although it is not expected to be necessary, if any special consents are required for Ronati to act as your agent to assist in transferring or updating your Content to Third-Party Sites, You are solely responsible for obtaining such consents.
Eligibility to Use the Site
You must be at least 18 years old to use the Site and have the legal ability to enter into a contract for yourself and any organization on whose behalf you are going to use the Site.
You may terminate your account online at any time.
At termination, We do not delete or manipulate any of your Content on other Third-Party Sites that has been previously exported to them. Although You will not be able to share your Content to Third-Party Sites via Ronati after termination, your existing Content on those Third-Party Sites will not be affected by your termination.
You agree that Ronati may terminate your account and access to the Site at any time, without notice, for any reason, including but not limited to (a) violations of these Terms and any documents incorporated by reference, (b) requests by law enforcement or other government agencies, (c) a request by You to delete your account, (d) discontinuance or material modification to the Site, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) fraudulent or illegal activities, or (h) nonpayment of any fees owed by You for more than thirty (30) days in connection with the Site. In addition to termination, Ronati will also delete all your Content, password and any and all related information and files associated with your account. You agree that Ronati shall not be liable to You or any third party for any termination of your account, deletion of Content or denial of access to the Site.
Registration, Account Access
You are required to select a password to access your account. This password should be recorded and not shared with anyone.
You may add, edit or delete information in your account online at any time.
You agree that the Site may be temporarily unavailable due to computer or Internet issues or maintenance. You agree not to hold Ronati liable for any damages due to interruptions or lack of availability. Furthermore, you agree that We are not responsible for the availability or operation of Third-Party Sites, which may modify their operation.
Taxes and any Import/Export Duties
You are solely responsible for paying all applicable taxes, such as sales tax, VAT or import/export duties, as levied by the governments in whose jurisdictions You do business.
You agree that You will adhere to and are solely responsible for any import/export restrictions that may apply to You, your data and your items.
Removal of Content by Ronati
Ronati reserves the right to remove any Content from the Site at any time in its sole discretion. You agree that Ronati will not be liable to You, any third-party or any other user because it has removed any Content from the Site.
In order to protect your intellectual property, We may, in appropriate circumstances and at Our discretion, modify, disable or terminate the accounts of users who infringe on the intellectual property of your Content. If You believe that your intellectual property rights have been violated, please provide Us with the following information:
- The electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
- The intellectual property that has been infringed;
- Where on the Site the infringing material is located;
- Your address, phone number and email address;
- A statement that You believe in good faith that the disputed use is not authorized by the copyright owner, any agent or law;
- A statement by You that the information in your notice is accurate and that these statements are made under penalty of perjury;
- A statement that You are the intellectual property owner or authorized to act on the intellectual property owner's behalf.
Email this notice with points 1 to 7 to email@example.com or mail it to: Copyright Agent
2100 East Bay Drive, Suite 219
Largo, FL 33771
United States of America (“USA”)
Ronati’s Right to Monitor
Ronati reserves the right, but accepts no obligation, to monitor the activity and content on the Site. As such, Ronati may investigate any reported or unreported violations of applicable laws, regulations or violations of these Terms on the Site and take action that it deems appropriate. Ronati has the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any user, listing, item or Content from the Site.
Abuse of Site
You agree not to:
- Circumvent or manipulate any fees owed to Ronati;
- “Crawl,” “scrape,” or “spider” any page, data, or portion of the Site or Content (through use of manual or automated means) except for your own Content;
- Copy or use any of the Content including, but not limited to, items, prices or identifying information of buyers or sellers for any purpose other than selling items through Ronati;
- Engage in any unsolicited advertising, unsolicited emails or any other form of solicitation;
- Abuse or harass another using the Site;
- Interfere with or disrupt the Site or servers or networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- Access the Site by any means other than through the interface provided or through any automated means including bots, scripts or web crawlers;
- Override or circumvent any security components or violate any usage rules relating to the protection of materials or technology of the Site; or transmit or make available any harmful material.
- You agree not to upload, post, transmit or make available any Content that: is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
All rights, title and interest to the Site (which includes any Ronati content or materials made available via the Site, the Site's look and feel, the designs, service marks, trademarks and trade names displayed on the Site) are the property of Ronati, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws.
You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Site without the prior written consent of the respective owner.
You agree to indemnify and hold Ronati and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, including Third-Party Sites, due to or arising out of your Content, use of our Site or Third-Party Sites, violation of these Terms, violation of any applicable law, rule or regulation, or your violation of any rights of another.
Disclaimer of Warranties
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. Ronati and its affiliates, members, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; and make no warranty that the Site will meet your requirements; or that the Site will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
Limitation of Liability
You expressly understand and agree that Ronati and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ronati has been advised of the possibility of such damages), resulting from the use or the inability to use the Site; your connection to any Third-Party Sites; conduct of any third party on the Site; or any errors or omissions in any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.
Regardless of the previous paragraph, if We are found to be liable, our liability to You or to any third party is limited to one hundred dollars ($100).
Our Site may also contain links to third party websites, which are not under Our control. You agree that Ronati is not responsible for their content.
All disputes under these Terms that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days' written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.
When the cost and burden of discovery are disproportionate to the likely importance of the requested materials, the arbitrator may deny the requests or require that the requesting party advance the reasonable cost of production to the other side.
The arbitrator may not award damages inconsistent with these Terms. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce the results of the arbitration or to comply with legal or regulatory requirements.
The parties waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The parties agree to arbitration on an individual basis. Neither You nor We shall be entitled to join, consolidate or arbitrate any claim as a class unless both You and We agree. The arbitrator may not consolidate or join more than one person’s claims and may only award relief in favor of the individual seeking relief.
Nothing in these Terms shall prohibit either party from seeking and obtaining from a court of competent jurisdiction, without necessity of posting bond. injunctive relief in order to preserve the status quo and/or avoid irreparable harm for which monetary damage would be insufficient.
The place of arbitration shall be Pinellas County, Florida, USA, and the proceedings shall be conducted in the English language. These Terms shall be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws and the arbitrator shall follow the law and judicial precedents that a United States District Judge sitting in the Middle District of Florida would apply to the dispute.
Your use of the Site constitutes your consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Any notices to Ronati shall be given by postal mail to Ronati, LLC., 2100 East Bay Drive, Suite 219, Largo, FL 33771, to the attention of the Legal Department or to such addresses as may be published on the Site at the time of the notice. Notices to You shall be by email to the mailing address in your account at the time of the notice. Notices posted within the USA shall be deemed to have been given five (5) business days after the date of mailing. Notices posted within the Europe Union or the United Kingdom or addressed to the Europe Union or the United Kingdom shall be deemed to have been given ten (10) business days after the date of mailing.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and will not affect the validity and enforceability of the rest of the Terms. Failure of Ronati to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Ronati under these Terms or at law. These Terms represent the entire agreement between You and Ronati and supersede and replace any other agreement between the parties including but not limited to any previous Terms as they may have applied between You and Ronati. Paragraph headings are for convenience only and not for interpretation of these Terms. These Terms shall be binding upon, and inure to the benefit of, the parties to this agreement, and their respective successors and/or assigns. These Terms shall be governed by the laws of the State of Florida.