These general Terms of Use, including the Privacy Policy, Copyright Notice, Trademark Statement, and Terms & Conditions (located below), together hereafter the “Terms,” constitute a legal agreement between you and RoseCraft Blades, LLC (hereafter “RCB”) and spell out the terms and conditions to which users of RCB’s website (hereafter the “Site”) are required to adhere. RCB may be referred to herein as “we” or “us”. It does not apply to affiliated websites, products, or services. The Site is operated by RCB, in whole or in part, from the United States, by it and its affiliates. By accessing or using the Site, services, or mobile versions of the Site, you signify that you have read, understand and agree to be bound by these Terms and any other applicable laws, whether or not you are a registered user of the Site. RCB may change these Terms at any time without notice, effective upon its posting to the Site. You agree to review these Terms regularly to make yourself aware of any changes. Your continued use of the Site shall be considered your acceptance of the revised Terms. If you do not agree to these Terms, do not use the Site. RCB reserves the right to amend these Terms by posting amendments to the Site. Your continued use of any of the Site following the posting of amendments to these Terms means you accept the changes.

1. RCB SITE CONTENT AND USER SUBMISSIONS

1.1 The contents of the RCB Site are intended for the personal use of its users. All materials published on the Site (including, but not limited to, information, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the “Content”) protected by copyright, trademark and all other applicable intellectual property laws, and are owned and/or controlled by RCB or the party credited as the provider of such Content, software or other materials. You must abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Site.

1.2. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in Section 1 of these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, and/or other materials of the Site in whole or in part.

1.3 Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from RCB, or the copyright holder identified in the individual Content’s proprietary rights notices. Including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.

1.4 By using the Site, you agree that any information, feedback, questions, comments and/or submissions to RCB, the Site, (as discussed below) or the like (not including Personal Information discussed in the Privacy Policy) that you provide to us in connection with the Site (collectively, as “Submission”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligation of any kind with respect to any Submission and shall be free to reproduce, use, disclose and/or distribute any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all ownership or inchoate rights you may have in any materials uploaded or sent to us by you.

1.5 To enable RCB to use the Submission you supply to us, and so that we are not violating any rights you might have in that Submission, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in your Submission, in any media now known or in the future, known with respect to your Submission. RCB will only use your Submission in accordance with our Privacy Policy.

1.6 If you believe that the content of any Submission provided by you, or any Content appearing on the Site, has been used on the Site in a manner that constitutes copyright infringement, please provide our William S. Rose, Jr., Esq.   with a written notice by First Class US Mail, certified return receipt requested that includes the following information: the physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the protected work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Site is:

RoseCraft Blades, LLC
Attention: William S. Rose, Jr., Esq.
513 W. Lamar Alexander Pkwy
Maryville, TN 37801

2. USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS

2.1 The Site may make available product reviews and surveys (collectively, the “Reviews”). You shall not upload to or distribute or otherwise publish in those sections any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use good judgment and be respectful of other individuals using the Reviews. You agree not to use vulgar, abusive or hateful language. Product reviews and surveys within the Site are provided to give our users interesting and helpful information in which they may express opinions and share ideas concerning RCB products and related matters. RCB does not endorse the opinions placed in these Reviews.

2.2 The Reviews shall be used by you only in a noncommercial manner. You shall not, without the express approval of RCB, use the Reviews to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services or to promote website or online services that are competitive with RCB and the Service.

2.3 While we do not and cannot review every message posted by users in the Reviews and are not responsible for the content of any of these messages, RCB reserves the right to delete, move and/or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. RCB reserves the right to revoke a user’s Site privileges and access at any time for any reason or no reason.

General Rules for User Generated Content

2.4 Guests of RCB Site are solely responsible for the content of messages they post in any forum, blog, social media site or consumer review (collectively, the “User Generated Content”). Users should be aware that when they voluntarily disclose personal information (e.g., username, email address, phone number) in the previously mentioned content pages and any social network pages where RCB hosts a page or space like Facebook, Instagram, etc., that information can be collected and used by others for any reason.

2.5 Content is Not Prescreened

RCB does not guarantee to prescreen User Generated Content. RCB does not guarantee the Site will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. RCB is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Site. In the event RCB chooses to monitor any User Generated Content, RCB assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. RCB reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

2.6 Eligibility and Registration

To post User Generated Content like product reviews and to personalize your own product in the online store pages, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Site. This Site is intended solely for users who are eighteen (18) years of age or older and it is a violation of these Terms of Use for anyone under 18 to register for the Site. You represent and warrant that you are 18 or older. Your account may be deleted without warning if you make any material misrepresentation in registration.

2.7 RCB’s Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to RCB a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or developed in the future, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

3. TERMS FOR THE ONLINE STORE

3.1 In addition to the provisions contained in these Terms, the following terms apply specifically to the online store, currently located at http://0bg.a4f.myftpupload.com.

3.1.a By placing an order, you certify that you can pay for the product(s) in your order.

3.1.b By placing an order on rosecraftblades.com (or any other online store operated by RCB, hereafter referred to as “rosecraftblades.com”) you agree to be bound by the conditions of sale included in the item’s description (including, without limitation, payment method and acceptable ship-to address).

3.1.c If you place an order for products on rosecraftblades.com you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such product.

3.1.d You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the online store and your purchase of products.

3.1.e You are responsible for the accuracy of any purchase placed online.

3.1.f We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.

3.1.g RCB does not ship products to any consumer in any foreign country.

3.1.h We reserve the right to add and/or remove products on rosecraftblades.com, for any reason, at any time.

3.1.i We reserve the right to limit quantities of products sold.

3.1.j You may not transfer or sell your User ID or account to another individual or entity.

3.1.k Unless otherwise stated, all prices are quoted in U.S. Dollars.

3.1.l Products available from the Site may be advertised on third party shopping websites. RCB is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party websites and information on the Site, including, but not limited to pricing information. If a difference exists, information found on the Site shall govern.

3.1.m All purchases from the Site are made pursuant to a shipping contract. This means that the risk of loss and title for such items pass to you upon our delivery of the products to the carrier.

4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

4.1 The Site may contain links to other websites. Your selection of a link will redirect you off the Site to a third party website. Interactions that occur between you and the third party website are strictly between you and such third party website and are not the responsibility of RCB. We are not responsible for examining or evaluating, and do not warrant the offerings of any of these linked webites. RCB does not assume any liability or responsibility for the actions, product, availability or content of these third party websites. You should direct any concerns regarding any third party websites to the administrator or webmaster of the third party website.

5. LIMITATION OF LIABILITY

5.1 RCB SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITE, OR ANY OF THE MATERIALS PROVIDED BY RCB OR THIRD PARTIES THROUGH THE SITE OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTION OF USE, DELETIONS OF FILES, ERRORS OR DEFECTS IN THE USERS SYSTEM, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF RCB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

5.2 The foregoing shall to the benefit of RCB and its agents, employees, officers, directors, shareholders, affiliates, successors and assigns. The aggregate liability of all of the foregoing to you or any third party shall be One Thousand Dollars ($1000).

6. SYSTEM INTEGRITY

You may not use any device, software, virus or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on such Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure relative to your use, which is non-commercial. You may not disclose or share your password with any third parties or use your password for any unauthorized service.

7. TERMINATION OF USE

7.1 RCB may, in its sole discretion, terminate or suspend your access or refuse access at any time, without notice, to all or part of any of the Site for any or no reason, including, without limitation, breach of these Terms or the infringement of copyrights owned by third parties.

7.2 RCB, including may terminate your use of any of the Site without notice if you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any RCB event or (ii) attempting to alter or improperly access any feature or function of any of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or any RCB employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a RCB employee or other individual.

8. LEGAL STATEMENT

8.1 These Terms have been made in and shall be construed and enforced in accordance with Tennessee and Federal law without regard to any conflict of law provisions. RCB makes no representation that the Content on the Site is appropriate for access outside of the United States. Those who choose to access and use the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in a court of applicable jurisdiction located in Blount County, Tennessee or the Federal Court of the Eastern District of Tennessee.

8.2 Official correspondence must be sent via First Class US Mail, certified return receipt requested, or recognized overnight carrier to:

RoseCraft Blades, LLC
Attention: William S. Rose, Jr., Esq.
513 W. Lamar Alexander Pkwy
Maryville, TN 37801

8.3 The Terms constitute the entire agreement between you and RCB with respect to your access and use of the Site and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and RCB with respect to the Site. If any of the provisions of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. RCB may assign its rights under these Terms (i) to any of its affiliates; (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of RCB; or (iii) in connection with the sale of any of the Site or the business unit associated with the Site.

9. COPYRIGHT NOTICE

Copyright ©2022 RoseCraft Blades. All rights reserved. The material on the Site may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express written permission of RoseCraft Blades.

10. TRADEMARK STATEMENT

ROSECRAFT BLADES, ROSECRAFT and various other marks used herein are trademarks of RoseCraft Blades, LLC.

All RoseCraft Blades product decorations are protected by copyright © RoseCraft Blades, LLC 2022. All are Rights Reserved.

No material found or located on the Site may be downloaded, framed, linked to, copied, reproduced or used in any other way in any media now existing or hereafter created without the prior written permission of RCB.

You may write the General Counsel of RCB at:

RoseCraft Blades, LLC
Attention: William S. Rose, Jr., Esq.
513 W. Lamar Alexander Pkwy
Maryville, TN 37801