The following policies explain your rights and responsibilities as a member of RollXchange.
3. Limited License
4. Intellectual Property
The Exchange and the Site and their content and all intellectual property rights included therein (including but not limited to copyrights, trademarks and service marks) are owned or licensed by The Company, and all right, title and interest therein shall remain the property of The Company and/or its licensees and successors. You also agree not to remove any copyright, trademark or other intellectual property or any proprietary notice or legend contained on the Exchange or its content, including without limitation the Information.
5. Exchange Limitation of Liability
The RollXchange acts as the venue for Sellers to list and sell Assets and for Buyers to offer to purchase Assets listed by Sellers. We are not involved in the actual transaction between Buyers and Sellers. As a result, we have no control over the quality, safety or legality of the Assets listed or sold, the truth or accuracy of the listings or other content related to an Asset, or the ability of Sellers to sell Assets. We cannot and do not control whether Sellers will in fact complete the required procedures to ship the asset. The RollXchange will monitor the transactions; however we expect that you will use caution--and common sense--when using the Exchange and the Services.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT AND CANNOT CONTROL THE ACTIONS OF USERS OF THE EXCHANGE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE THE ROLLXCHANGE AND ITS EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS, DIRECTORS, ASSIGNS AND AFFILIATES (COLLECTIVELY, THE "THE ROLLXCHANGE AFFILIATES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS AND DAMAGES (ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT AND PUNITIVE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE THE BENEFIT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
6. Asset Listing
Listings are text and graphical descriptions on the Exchange selected by or provided by the Seller. If you are a Seller you hereby grant to us the right to reproduce, modify (as necessary for posting on the Exchange) and display such text and graphical depictions of the Asset you are attempting to sell. If you are a Seller, then acceptance by you of a RollXchange order confirmation email obligates you to complete the transaction, subject to The RollXchange performance obligations regarding the purchase.
A. Asset Descriptions
UNLESS OTHERWISE STATED, ALL OFFERS, COUNTEROFFERS, AND DESIRED OFFER PRICES ARE QUOTED IN U.S. DOLLARS. The correct documentation, specification, and other information, including without limitation Information relating to the Assets, is the exclusive responsibility of the Seller. Although The RollXchange encourages as much Information relating to Assets as possible, mandatory information for each Asset listing includes the following information: original manufacturer, specification number, general description, width and length of rolls and certain other attributes required by The RollXchange. You acknowledge that such information is not verified or substantiated by The RollXchange and we cannot and shall not be held responsible or liable in any way for any inaccuracies or omissions in such information, whether from Sellers, The RollXchange or any third parties. If you provide such information to use you agree that such information will be complete, truthful and accurate and will not contain any false or misleading information.
B. Type of Assets and Quality
Assets to be listed for sale are limited to label materials, and associated materials or converting equipment. Assets may not include any product not associated with the production of label or tag products.
All materials listed must be within the original manufacturer's specification, unless as otherwise agreed to in writing by The RollXchange
The Seller will use its best efforts to: (a) accurately describe the Assets Seller is listing for sale; and (b) answer completely and accurately all questions from the ultimate Buyer once the identity of Buyer and Seller have been disclosed.
7. Offers to Buy
If you are a Buyer and you place an order for an Asset on The RollXchange, you shall be deemed the "Purchaser." Purchasers are obligated to complete the transaction. All Purchasers' Offers are final, and may not be retracted or canceled except in the exceptional circumstance in which the Seller (a) materially changes the description of the Asset after such Offer, or (b) has materially misrepresented the quality or condition of the Asset in the Asset's description. Once The RollXchange has officially disclosed the Purchaser to the Seller it will be the obligation of the two parties to resolve any of these types of issues between themselves. Upon resolution notification of the essence of the agreement must be made by both parties to The RollXchange to allow the proper changes in the invoice amounts and the redeemable coupon values. Placing an Order on our Exchange has the same effect in law as entering into a firm purchase order. Non-conformance with this policy could subject you to negative ratings from The RollXchange members, as well as restriction of use or termination of your membership with and right to use The RollXchange's Services and/or Exchange.
UNLESS OTHERWISE STATED, ALL PURCHASE OFFERS MUST BE SUBMITTED IN U.S. DOLLARS.
All Orders are exclusive of all applicable taxes, customs duties and registration fees, shipping, rigging, or other preparation and transportation costs, insurance and escrow fees (if any), and The RollXchange fees (including, but not limited to, Buyer Premiums (as defined below)).
8. Transaction Process and The RollXchange Fees
A. Transaction Process
All orders placed by a Purchaser will be online to The RollXchange. The RollXchange upon transmission of the order will email the Seller and Purchaser. The Seller agrees to contact USF Corporation, the only official RollXchange carrier, in a timely manner in order to ensure shipment of the sold Asset within 24 hours of the sale. The sold Asset must comply with the RollXchange packaging standards (as described in Section "25").
Additionally, The RollXchange upon revealing the identities and certain contact information of the Purchaser and Seller to each other does authorize the parties to discuss with each other any change in logistics that the parties need with the stipulation that The RollXchange is notified of such changes. The Purchaser and the Seller shall be responsible for exporting and importing the sold Asset and shall be responsible for the payment of any customs duty, other duties or taxes payable upon the importation or export of the sold Asset.
Upon notification of an accepted offer, Purchaser will be invoiced by The RollXchange for the sale price of the Assets plus shipping and handling charges as well as any applicable taxes, including but not limited to federal goods and services tax, harmonized sales tax, and provincial sales tax and reslit and rewind charges, which aggregate amount shall be payable to the Company within thirty (30) days, with a one percent (1%) discount if paid within ten (10) days. Purchasers are subject to the same credit limits which apply to their purchases from Fasson.
On behalf of the Seller, the RollXchange will forward to the appropriate government or taxing authorities any amounts collected from Purchaser as tax in respect of the sale of the Assets by Seller to Purchaser.
Upon confirmation of an Order by USF Corporation, The RollXchange will transmit to the Seller a redeemable coupon in an amount equal to the sale price of the Assets (less the Transaction Fee described in Section "8.B.") that can be used toward future purchases of any Fasson-produced products other than products sold through The RollXchange. Each coupon will expire after six months from issuance.
In order to process orders on a timely basis, it is incumbent upon each Seller to review his or her email at least twice during each business day. If an order is not timely delivered due to a failure by a Seller to review his or her email, The RollXchange reserves the right to refuse the Services to any such Seller.
B. The RollXchange Fees
Joining The RollXchange is free to Purchasers and Sellers. Purchasers and Sellers may register to use The RollXchange by clicking the registration page link.
Upon confirmation of an Order by USF Corporation, The RollXchange will charge Seller a Transaction Fee equal to twenty percent (20%) of the invoice price exclusive of shipping and handling charges, plus any applicable taxes, if eligible. The Transaction Fee will be deducted from the redeemable coupon amount transmitted to Seller. Redeemable coupons can be used for future purchases of Fasson produced products, as further described in Section "8.A." You acknowledge and agree that Transaction Fees are not refundable except as provided below.
Buyers and Sellers are responsible for paying all fees and other costs incurred by them respectively in connection with the sale/purchase of an Asset listed on the Exchange. The RollXchange reserves the right to change any and all fees at any time.
C. Incomplete Transactions
Should the Purchaser or Seller terminate the transaction prior to completion (i.e., after agreement to purchase but prior to the transfer of title for the specified Asset) and such termination occurs within 30 days of the payment of Transaction Fees, The RollXchange will refund to the Buyer and Seller the Transaction Fee, provided however that (1) the Seller has notified The RollXchange in writing of the non-completion of the transaction and the reason for non-completion (e.g., Purchaser inspected the Asset and determined that the Asset was misrepresented by the Seller). This refund will only occur if and when there was no resolution of the issue between the Seller and Buyer as outlined in Section "7." After 30 days, Transaction Fees are not refundable. If the Buyer or Seller see a just cause for a refund beyond the 30-day time period, the request must be submitted to The RollXchange for an investigation into the reasons for a delayed transaction termination. The RollXchange reserves the right, in its sole discretion, to decide if the refund request should be granted.
D. Offline Transactions; Transactions by Other Means
Sellers may reserve the right to set a private minimum price for the Asset for sale, below which any and all Offers will be automatically rejected, and no party will be required to complete a transaction. The Seller reserves the right to sell or dispose of the Asset through another channel or service at its own free will at any time while the item is listed on the Exchange, provided that the Seller hasn't selected a qualified Purchaser on The RollXchange. If a Seller posts an Asset for sale on The RollXchange and then deems that he or she wishes to dispose of the Asset him or herself, the Seller is obligated to immediately delete the Asset listing from The RollXchange.
10. User Information
A. You are solely responsible for the accuracy, completeness and truthfulness of your Information, and The RollXchange acts only as a passive conduit for your online publication of your Information. This responsibility of yours includes issuance of all bills of lading, customs documentation and all transportation documents required by the U.S. Department of Transportation, and any other applicable statutes or regulations. However, The RollXchange reserves the right to take any action with respect to such Information we deem necessary or appropriate in our sole discretion, including, without limitation, deleting, restricting or suspending access to such Information, at our sole discretion, for any reason whatsoever.
B. You warrant and represent that your Information and your offering, purchase or sale of Assets on the Site or through the Services: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, discrimination, false advertising, transportation of hazardous material, or use of pesticides); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) shall not link directly to or include descriptions of Assets that: (i) are concurrently listed for sale anywhere other than the Exchange or (ii) you do not have a right to link to or include; and (f) shall not be fraudulent or involve the sale of counterfeit or stolen goods or assets. Furthermore, you may not post on the Exchange or sell through the Services any Asset that, by paying to The RollXchange the Transaction Fees, could cause The RollXchange to violate any applicable law, statute, ordinance or regulation.
12. Third Party Service Providers
For your convenience, The RollXchange has allowed certain third party service providers to offer services in connection with the Exchange that relate to the types of transactions conducted on the Exchange (such as transportation services, financing services, escrow services, etc.). You acknowledge that such services are offered and performed by the applicable third party service provider and that such service provider is solely responsible for the performance of such services. The RollXchange assumes no liability whatsoever in connection with the performance of such third party service providers.
13. System Integrity
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Exchange, any listing being conducted on the Exchange, or our Services. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to or share your password with any third parties or use your password for any unauthorized purpose.
You agree not to take any actions which may undermine the integrity of The RollXchange's feedback system, such as leaving negative feedback if a user fails to perform some action that is outside the scope of the purchase and sale process or transaction (i.e., feedback extortion).
16. Refusal of Services
The RollXchange reserves the right in its sole discretion to refuse the Services to any user at any time. Further, The RollXchange reserves the right to terminate the listing or sale of any Asset at any time with no liability to the Seller or prospective Buyer of such Asset. You may terminate your use of the Services upon 30 days' notice to The RollXchange; provided, however, that such termination of your use of the Services will not relieve you of any obligations occurring prior to such termination.
17. Disclaimer of Warranty
YOU AGREE YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED AND THE ASSETS ARE SOLD, "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, (1) ANY WARRANTY REGARDING THE INFORMATION, SERVICES, OR ASSETS LISTED OR PURCHASED THROUGH OR IN CONNECTION WITH THE SERVICES, (2) ANY WARRANTY REGARDING THE ACCESSIBILITY OF THE EXCHANGE, SITE OR SERVICE, (3) ANY WARRANTY CONCERNING THE ABILITY OF THE SELLER TO PROVIDE OR DELIVER ANY ASSET OFFERED TO USERS OF THE SITE OR THE ABILITY OF ANY BUYER TO PAY A SELLER FOR ANY ASSET OR SERVICE OFFERED TO USERS OF THE SITE, AND (4) ANY WARRANTY, EXPRESS OR IMPLIED, OF TITLE, NON-INFRINGEMENT OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE EXCHANGE, THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR OPERATE ERROR FREE.
18. LIMITATION OF LIABILITY
20. General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services and your listing, purchase and sale of Assets.
21. No Agency
Except as explicitly stated otherwise, any notices shall be sent via email to RX.Customer.Support@RollXchange.com (in the case of The RollXchange) or to the email address you provide to The RollXchange during the registration process (in your case), or such other address as the party shall specify by notice to the other party. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to The RollXchange during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Waiver of Trial by Jury. THE PARTIES EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT OR RELATING THERETO AND AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE AN ARBITRATOR AND NOT BEFORE A JURY. The arbitration shall be presided by a current or retired superior court judge or higher.
25. Packaging Standards
Assets must comply with the following packaging standards:
The Services hereunder are offered by Avery Dennison - The RollXchange, located at 8080 Norton Parkway, Mentor, Ohio, 44060.
Although the information is provided on this server to anyone, we retain the copyright on all text and graphic images. This means you may not distribute the text or graphics to others without the express written permission of Avery Dennison; modify or re-use the text or graphics to others without the express written permission of Avery Dennison; modify or re-use the text or graphics on this system. You may print copies of the information for your own personal use; store the files on your own computer for your personal use only; and reference hypertext documents on this server from your own documents.
Avery Dennison also reserves all other rights, including the right to make changes or corrections at any time without notice. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, objectionable or profane material or any materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Avery Dennison will fully cooperate with law enforcement authorities or court order requesting or directing Avery Dennison to disclose the identity of or help identify or locate anyone posting any such information or materials. Avery Dennison makes no commitment to update the information provided herein.
The information, text, graphics and links provided herein are provided by Avery Dennison or third-party service providers as a convenience to its customers. This web site contains links to other sites. The links are meant for the user's convenience only. Avery Dennison has no control over, and is not responsible for, content found on external sites that do not belong to Avery Dennison Corporation ("third-party sites"). Links to third party sites do not constitute sponsorship, endorsement or approval of these sites or the content on these sites. This web site may contain content not generated by Avery Dennison. Avery Dennison is not responsible for any third-party content.
The name of Avery Dennison Corporation, the Avery Dennison logo, or the RollXchange logo may not be used in advertising or publicity pertaining to distribution of the information on or linked to this web site or any other server or "hot-linked" sites without specific, written prior permission. Avery Dennison and its third-party service providers make no representation or warranties about the accuracy, currency, completeness or suitability of the information provided herein and will not be held liable for any use of this information for any purpose. It is provided "as is" without express or implied warranty. The material provided on this site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This site is controlled and operated by Avery Dennison from its offices within the State of Ohio, United States of America. Avery Dennison makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
Please do not use the information in this site for any formal analysis or estimates.
AVERY DENNISON DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL AVERY DENNISON BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTAL DAMAGES OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY OR SUITABILITY OR PERFORMANCE OF THIS INFORMATION. ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE SHALL BE GOVERNED BY THE LAWS OF OHIO.
At Avery Dennison, we value our customers and take steps to protect their privacy.
In general, when you visit our Web sites and access information, you remain anonymous. We collect personal information from visitors to our sites on a voluntary basis only and explain how this information will be used at the time it is requested. Personal information may include name, title, company, address, phone number, e-mail address, etc. We use the personal information we collect to respond to online queries, supply requested information on Avery Dennison products, process and ship orders, fulfill online marketing offers, establish approved links and for internal market analysis.
We do not sell or rent personal information to third parties.
Our Web servers collect the domain names of visitors to our sites. This information is aggregated to determine number of visits, average time spent, pages viewed, etc. We use this information to measure site usage, as well as to improve the content and value of our site.
Some of our Web pages may contain "cookies," which send and store data on your Web browser. This allows our server to recognize you and better serve you when you visit our Web sites in the future. Most Web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you.
This site may contain links to other third party sites. We take steps to link only to sites that share our high standards and respect for privacy. However, we are not responsible for the privacy standards and practices of third parties.
Avery Dennison strives to keep online visitor information secure against unauthorized access and use. This information is protected by Company security measures, which are reviewed periodically.
We may update this policy from time to time. Revisions will be posted to this site.