Last updated: April 1, 2021
Email, telephone and other electronic messages between you and us.
us offline or through any other means, including on any other website or any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Collectively, we refer to the Website’s emails, and offline business interactions as the “Services.”
DATA CONTROLLER, DATA PROTECTION OFFICER, AND REPRESENTATIVE
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual, information that is about you individually, but does not identify you, and information about your internet connection, the equipment you use to access our Services and usage details. The Services collect Personal Information, including:
Postal address (including billing and shipping addresses);
IP address (we may also derive your approximate location from your IP address);
Demographic information and other information provided by you that does not reveal your specific identity; and
Websites traffic data, location data, logs, referring/exit pages, date and time of your visit to our Services, error information, clickstream data, and other communication data and the resources that you access and use on the Services;
Information collected through cookies, pixel tags and other technologies; and Information about your Internet connection, the equipment you use to access our Services and usage details.
COLLECTION OF PERSONAL INFORMATION
We and our service providers collect Personal Information in a variety of ways, including:
Through the Services.
We collect Personal Information on or through the Services, for example, when you sign up to receive updates, special promotions or newsletters from us, attend one of our events, contact customer service, place an order over the phone, or make a purchase.
Automatically through our Website.
Usage and Equipment Information. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, for example, details of your visits to our Website, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website, and information about your computer, mobile device, and Internet connection, specifically your IP address, operating system, and browser type.
Location Information. This Website collects real-time information about the location of your device. You can choose whether or not to allow the Website to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Website may then be inaccessible or not function properly. For more information, see the “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION” Section below.
The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Website according to your individual interests, and to recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. We only place non-essential cookies on your hard drive with your consent. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
LAWFUL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION
We have a lawful basis for our processing of your Personal Information, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.
Legitimate Interests. We will process your Personal Information as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Information if your rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between RollNRack LLC and you; detect and correct bugs and to improve our Services; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other financial crime; promote and market our business; check your credit and perform risk assessments; and develop our product and services;
To Fulfill Our Obligations to You under our Contract. We process your Personal Information in order to fulfill our obligations to you pursuant to our contract with you to deliver our products to you.
As Required by Law. We may also process your Personal Information when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
USE OF PERSONAL INFORMATION
We use your Personal Information for various purposes described below, including to:
provide our Website to you; provide products and Services to you; provide you with information you request from us;
enforce our rights arising from contracts and notify you about changes.
We and our service providers use Personal Information that we collect about you or that you provide to us for the following purposes:
Providing the functionality of the Services and fulfilling your requests.
To provide the Services’ functionality to you, such as providing you with related customer service.
To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments, or complaints.
To complete your transactions, verify your information, and provide you with related customer service.
To send administrative information to you, such as changes to our terms, conditions, and policies.
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
Providing you with our newsletter and/or other marketing materials.
To send you marketing related emails, with information about our new products, and other news about our company.
We will engage in this activity with your consent or where we have a legitimate interest.
Analyzing Personal Information for business reporting and providing personalized services.
To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.
Allowing you to participate in contests or other promotions.
We may offer you the opportunity to participate in a contest, or other promotion.
Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.
We use this information to manage our contractual relationship with you.
Aggregating and/or anonymizing Personal Information.
We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
Accomplishing our business purposes.
For data analysis, for example, to improve the efficiency of our Services;
For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;
For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
For developing new products and services;
For enhancing, improving, repairing, maintaining, or modifying our current products, as well as undertaking quality and safety assurance measures;
For identifying usage trends, for example, understanding which products are of most interest to users;
For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.
DISCLOSURE OF PERSONAL INFORMATION
our affiliates and third party service providers that we use to support our business;
our third-party marketing partners for marketing and advertising purposes;
to comply with our legal obligations;
to enforce our rights; and with your consent.
We may disclose Personal Information:
To our third party service providers, contractors, and other third parties to support our business.
These can include providers of services such as website hosting, data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.
To our third-party marketing partners for marketing and advertising purposes.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:
To comply with applicable law and regulations.
To cooperate with public and government authorities.
To respond to a request or to provide information we believe is necessary or appropriate.
To cooperate with law enforcement.
For example, when we respond to law enforcement requests and orders or provide information we believe is important.
For other legal reasons.
To enforce our terms and conditions; and
To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
In connection with a sale or business transaction.
We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Information.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. All payment transactions are performed by our third-party payment processor, who must comply with appropriate industry standards to protect your payment information.
The safety and security of your information also depends on you.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we take security measures to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in any manner set forth below in the “CONTACT INFORMATION” Section below.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for third-parties to advertise to you, our advertising to you, and other targeted advertising.
In addition, we strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information:
Promotional Offers from RollNRack, LLC. We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from receiving marketing-related emails from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out by using the opt-out mechanism contained in each such email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing related emails from us, we may still send you important administrative messages, from which you cannot opt out.
YOUR RIGHTS REGARDING YOUR INFORMATION AND ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Information.
Restrictions. You have the right to restrict our processing of your Personal Information under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Information is determined to be unlawful, or if we no longer need your Personal Information for processing but we have retained it as permitted by law.
Withdrawal of Consent. To the extent that our processing of your Personal Information is based on your consent, you may withdraw your consent at any time. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Information.
Right to be Forgotten. You have the right to request that we delete all of your Personal Information. We will only delete your account when we no longer have a lawful basis for processing your Personal Information or after a final determination that your Personal Information was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Information as set forth in this policy. These will be retained for the periods set forth in our disaster recovery policies.
Complaints. You have the right to lodge a complaint with RollNRack. Please contact us to resolve any concerns about your privacy.
STATE-SPECIFIC PRIVACY RIGHTS
The law in certain states may provide their residents with additional rights regarding our use of your Personal Information.
We retain your Personal Information for prior sales. In some instances, we may keep it:
on our backup and disaster recovery systems; for as long as necessary to protect our legal interests; and
to comply with other legal requirements.
We retain Personal Information for as long as needed for warranty or model change purposes.
The criteria used to determine our retention periods include:
The length of time we have an ongoing relationship with you and provide support of sales, parts for purchase, etc…
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
THIRD PARTY SERVICES
In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our Social Media Pages.
DO NOT TRACK SIGNALS
We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.
We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Because there is no standard for these signals at this time, we currently do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
We generally do not request you provide and do not process any special categories of Personal Information.
RollNRack, LLC does not ask you to provide, and we do not knowingly collect, any special categories of Personal Information from you. Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Services or otherwise to us.
THIRD PARTY PAYMENT SERVICE
We do not disclose Personal Information to third party payment processors.
Please feel free to contact us with any questions or comments you have about this privacy notice or our privacy practices.
P.O. Box 328
Mukwonago, WI 53149
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.
ROLLNRACK, LLC PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Effective Date: April 1, 2021
INFORMATION WE COLLECT
Our Website and your participation in a RollNRack, LLC newsletter, collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”).
CATEGORIES OF PERSONAL INFORMATION RollNRack, LLC HAVE COLLECTED IN THE PRECEDING 12 MONTHS:
CONSUMERS. Pursuant to the CCPA, we are providing the following chart detailing which categories of Personal Information about California residents (other than employees, job applicants, contractors, dependents or beneficiaries) we collect/disclose.
Category of Personal Information
(Collected for orders)
A. Identifiers, such as name, contact information, IP address, and other online identifiers. Yes
B. Personal information categories listed in the California Customer Records statute, such as name, address, telephone number, bank account number, credit card number, or debit card number, some of this information may overlap with other categories. Yes
C. Commercial information, such as transaction information and purchase history records of products considered or other purchasing or consuming histories or tendencies. Yes
D. Internet or network activity information, such as browsing history and interactions with our website. Yes
E. Geolocation data, such as device location. Yes
F. Audio, electronic, visual, similar information, such as call and video recordings. No
G. Professional or employment-related information. No
H. Characteristics of protected classifications under California or federal law, such as sex, age, and marital status. No
I. Biometric information, such as fingerprints and voiceprints. No
J. Education information subject to the federal Family Educational Rights and Privacy Act, such as student records. No
Category of Personal Information
A. Identifiers, such as Social Security numbers and other government-issued ID numbers; No
B. Personal information, as defined in the California customer records law, such as health and health insurance information. No
C. Characteristics of protected classifications under California or federal law, such as race, religion, national origin, disability, request for leave, citizenship and immigration/work authorization status; No
D. Professional or employment-related information, such as information relating to references, CV, details of qualifications, human resources data and data necessary for benefits and related administration services. No
E. Education information subject to the federal Family Educational Rights and Privacy Act, (student records). No
Personal information does not include information that is: (a) publicly available information from government records; (b) deidentified or aggregated consumer information; or (c) certain information excluded from the scope of CCPA.
CATEGORIES OF SOURCES FROM WHICH RollNRack, LLC HAS COLLECTED PERSONAL INFORMATION:
Directly from you. For example, from orders you place for our products.
Social media platforms.
USE OF PERSONAL INFORMATION
WE MAY USE OR DISCLOSE THE PERSONAL INFORMATION WE COLLECT FOR ONE OR MORE OF THE FOLLOWING BUSINESS PURPOSES:
To fulfill or meet the reason you provided the information. For example: if you share your name and contact information to ask a question about our products, we will use that Personal Information to respond to your inquiry; if you provide your Personal Information to order products, we will use that information to process your payment and facilitate fulfilling your order. We may also save your information to facilitate your participation in RollNRack, LLC discount programs and future orders.
To provide, support, personalize, and develop our Website, products, and support services.
To create, maintain, customize, and secure your online account or other programs with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries.
To personalize your Website experience and to deliver content and product and support offerings relevant to your interests, including targeted offers and ads or otherwise through our Website, third-party sites, and via email (with your consent).
To help maintain the safety, security, and integrity of our Website, products, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Website, products and support services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of RollNRack, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by RollNRack, LLC about our customers are among the assets transferred.
RollNRack, LLC will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
SHARING PERSONAL INFORMATION
RollNRack, LLC may share some personal Information with the following categories of third parties:
Disclosures of Personal Information for a Business Purpose:
In the preceding twelve (12) months, RollNRack, LLC has disclosed the following categories of Personal Information for a business purpose:
California Customer Records Personal Information categories (e.g. name and contact information).
Internet or other electronic network activity (e.g. “cookies” or other tracking tags).
Audio, electronic, visual, similar information.
Professional or employment-related information.
RollNRack, LLC may disclose your Personal Information for a business purpose to the following categories of third parties:
Affiliates and business partners
Advertising networks and marketing partners for marketing and advertising purposes.
Social media platforms.
Sales of Personal Information:
RollNRack, LLC does not sell personal Information for any business purposes.
YOUR RIGHTS AND CHOICES
The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access Request Rights
You have the right to request that RollNRack, LLC disclose certain information to you about our collection and use of your Personal Information over the past 12 months for the above business and commercial purposes. To submit an access request, see the Section “Exercising Access and Deletion Rights.” Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of Personal Information we collected about you.
The categories of sources for the Personal Information we collected about you.
Our business or commercial purpose for collecting that Personal Information.
The categories of third parties with whom we share that Personal Information.
The specific pieces of Personal Information we collected about you.
Deletion Request Rights
To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:
Submitting a Data Rights request on our site
Calling us at 262-363-2030
Sending us a message through https://rollnrack.com/contact-us/
Emailing us at email@example.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
TERMS & CONDITIONS OF USE
This Agreement may be amended by RollNRack, LLC at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Use of site. By accessing the Site and/or ordering any product, you are agreeing to not use RollNRack LLC’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
3. Fraud. By sending personal information or purchasing equipment, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by RollNRack LLC in its sole discretion.
4. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, RollNRack LLC does not waive any right in such information and materials.
5. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
7. Editing, Deleting and Modification. RollNRack LLC reserves the right in RollNRack LLC’s sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without notice.
10. Payments. You represent and warrant that if you are purchasing something from RollNRack, LLC that (i) any credit card information you supply over the phone or electronically is true, correct and complete, (i) charges incurred by you or your entity will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees. RollNRack, LLC requires sales tax exemption certificates for online sales if the entity is sales tax exempt. Payment is required in full upfront for custom products will move into production.
11. Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all shipment estimate dates are not a guarantee that the product will be shipped on the specified date. RollNRack, LLC will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order.
12. No Resale. Other than as expressly permitted in writing, you agree not to resell or exploit for other commercial purposes products purchased on this Website.
13. Links to Other Web Sites. The Site contains links to other websites. RollNRack, LLC is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by RollNRack, LLC. Inclusion of any linked website on RollNRack LLC’s site does not imply approval or endorsement of the linked website by RollNRack, LLC. If you decide to leave RollNRack LLC’s site and access these third-party sites, you do so at your own risk.
14. Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to RollNRack, LLC (collectively, “Submissions”) shall be deemed and shall remain RollNRack LLC’s sole property and shall not be subject to any obligation of confidence on RollNRack, LLC’s part. Without limiting the foregoing, RollNRack, LLC shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Designs created using the text tools and images available through the Site are in no way the exclusive property of the customers who assemble such designs. RollNRack, LLC retains the right to display such designs or offer them (or variations of such designs) to other customers. Furthermore, RollNRack, LLC provides no warranty that designs created using our text tools and images will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party.
RollNRack, LLC reserves the right to re-purpose submitted artwork for marketing materials, including but not limited to: social media channels, website materials, advertisements, and print materials.
RollNRack, LLC respects the intellectual property rights of others and we ask that you do the same. By purchasing any custom product on through the Site, you represent and warrant that your requested design does not violate anyone else’s rights, including copyrights, trademarks, trade secrets, privacy or other rights. RollNRack, LLC may terminate the orders of any customer who infringes, or may infringe, the copyright, trademark or other intellectual property rights of others.
A customization fee applies for all custom products.
15. Verify Address. RollNRack, LLC reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from RollNRack, LLC.
16.. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ROLLNRACK, LLC OR ITS MEMBERS, OFFICERS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ROLLNRACK’S SERVICES AND PRODUCTS BE LIABLE 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 ROLLNRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Indemnity. You agree to defend, indemnify and hold RollNRack, LLC and its officers, managers, employees, agents harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
18. Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to RollNRack, LLC shall be sent by mail to RollNRack, LLC, PO Box 328 Mukwonago, WI 53149. In the case of notices RollNRack, LLC sends to you, you consent to receive notices and other communications by RollNRack, LLC posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed on your order or communications with you. You agree that all agreements, notices, disclosures and other communications that RollNRack, LLC provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please Contact Us. You may also contact us by writing to RollNRack, LLC, PO Box 328 Mukwonago, WI 53149.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site (including the purchase of RollNRack products via RollNRack.com) must be commenced within one (1) year after the claim or cause of action arises.
Last updated April 1, 2021