TERMS OF USE AND PRIVACY POLICY

Sierling, Inc. (DBA: Rotari™)

WEBSITE TERMS AND CONDITIONS OF USE

We extend our gratitude for your visit to our website, and deeply value your patronage. These terms and conditions of use (henceforth referred to as the "Terms & Conditions") are established by and between you, the visitor or user, and Rotari™ (also referred to as "Sierling, Inc.," "we," "us," "our"). These Terms & Conditions preside over your access to and usage of our website, encompassing all content, functionality, and services offered on or via rotariauto.com (collectively referred to as the "Website"), irrespective of your status as a guest or a registered user, and regardless of your mode of access or use, including through mobile devices.

We urge you to meticulously read these Terms & Conditions prior to initiating usage of the Website. By opting to use the Website, you acknowledge and consent, where permissible under applicable law, to be obligated by and comply with these Terms & Conditions, along with our Privacy Policy, which is herein integrated by reference. If you disagree with these Terms & Conditions or the Privacy Policy, you are advised against accessing or utilizing the Website.

Privacy

We kindly refer you to our Privacy Policy for comprehensive details regarding the accumulation, utilization, revelation, and safeguarding of the data you furnish to us during your visit to our website and procurement of our products.

Accessing the Website and Account Security

We hold the discretionary authority to withdraw or amend this Website, as well as any service or material we provide on or through the Website, without any obligation to provide notice to you. We will bear no liability if, for any reason, the entirety or any segment of the Website is inaccessible at any point in time or for any duration.

For access to the Website or some of its resources, you may be required to provide certain registration details or additional information. As a stipulation of your usage of the Website, you must ensure that all the information you provide is accurate, up-to-date, and comprehensive. You concur that all information you provide for registration with this Website is subject to our Privacy Policy, which can be accessed at: rotariauto.com/privacy-policy/. Furthermore, you acknowledge that your account is personal to you, and you agree not to permit any other individual access to this Website or portions of it using your username, password, or other security information. It is your responsibility to promptly notify us of any unauthorized access or usage of your username or password, or any other breach of security. When accessing your account from a public or shared computer, you should exercise caution to prevent others from viewing or recording your password or other personal information.

We reserve the unilateral right to disable any username, password, or other identifier, whether selected by you or allocated by us, at any time if, in our opinion, you have infringed upon any applicable law or these Terms & Conditions.

Trademark and Intellectual Property

The name Rotari™, the Rotari™ logo, along with all associated names, logos, product and service names, designs, and slogans are the trademarks of Sierling, Inc., doing business as (DBA) Rotari™, or its affiliates or licensors. Prior written consent from Rotari™ is obligatory before any such marks can be used.

Prohibited Uses

You are permitted to utilize the Website exclusively for lawful purposes and in compliance with these Terms & Conditions. You pledge not to use the Website in the following ways:

• In violation of any applicable federal, state, local, or international law or regulation.

• To transmit, or procure the transmission of, any advertising or promotional material, encompassing but not limited to "junk mail," "spam," or any other similar solicitations.

• To impersonate, or attempt to impersonate, Rotari™, a Rotari™ employee, another user, or any other person or entity.

• To engage in any conduct that restricts or inhibits any person's use or enjoyment of the Website, or which, as adjudged by us, could potentially harm Rotari™ or users of the Website, or expose them to legal liability.

Further, you agree not to:

• Utilize the Website in any manner that could potentially disable, overburden, damage, or impair the site or interfere with any other party's usage of the Website, including their ability to participate in real-time activities via the Website.

• Use any robot, spider, or other automatic device, process, software, code, routine or any other means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any device, robot, spider, process, software, code, routine or any other instrument that disrupts the proper functioning of the Website.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any other server, computer, or database connected to the Website.

Your Account

Should you establish an account on the Website, it is your responsibility to safeguard the confidentiality of your account information, inclusive of your username and password. You are thereby consenting to accept accountabilities for all actions that transpire under your account and password. Rotari™ retains the unilateral right to deny service, terminate accounts, or rescind orders at its sole discretion.

Product Descriptions, Pricing, and Risk of Loss

Rotari™ endeavors to provide precise descriptions of the products listed. However, Rotari™ does not guarantee the accuracy, completeness, reliability, currency, or error-free status of product descriptions. Should a product supplied by Rotari™ deviate from its description, you have the option to return the item(s) and Rotari™ may, at its sole discretion, provide a refund or replace the product with an identical or a reasonably comparable product.

Unless expressly indicated otherwise, the listed price for our products reflects the full retail price of our manufactured product, exclusive of taxes or shipping costs, all of which are calculated upon checkout. Rotari™ retains the right to modify its prices without prior notice for any given reason or without reason.

Disclaimer of Warranties and Limitation of Liability

The Rotari™ website and services, inclusive of all information, content, materials, products and other services available to you through the Rotari™ website, are provided by Rotari™ on an "as is" basis, devoid of any kind of warranties unless explicitly stipulated in writing. Rotari™ does not make any express or implied representations or warranties, all of which are hereby expressly disclaimed, including, but not limited to, warranties of merchantability, non-infringement, title, and fitness for a particular purpose, whether in relation to the operation of the Rotari™ website or its products, or the information, content, materials, or products, or other services accessible on or via the Rotari™ website. Your usage of the Rotari™ website is strictly at your own risk and is subject to all relevant laws and regulations.

To the maximum extent permitted by law, in no event shall Rotari™, its affiliates, or their licensors, service providers, employees, agents, officers, or directors, be held liable for damages of any nature, under any legal theory, resulting from or connected to your use, or inability to use, the website. This includes any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits or anticipated savings, loss of goodwill, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The aforementioned exclusions of implied warranties and limitations of liability are not applicable where prohibited by law. Rotari™ does not warrant: (i) that usage of the website will be uninterrupted or error-free; (ii) that the content on the website, including product descriptions, is or will be accurate, current, complete, reliable, or of any specific value or quality; (iii) that defects or errors on the website will be corrected or that the website will be updated; or (iv) that the website is free of viruses, worms, malware, adware, or other harmful or disruptive devices or components.

Applicable Law, Jurisdiction and Venue

All matters pertaining to the Website and these Terms & Conditions, inclusive of any dispute or claim deriving from or associated therewith (including non-contractual disputes or claims), are to be regulated by and construed in line with the laws of the State of California. This applies irrespective of any choice or conflict of law provision, rule, doctrine, or court decision. The state or federal courts situated in Cuyahoga County, California, hold the exclusive jurisdiction for any legal suit, action, or proceeding that arises out of, or relates to, these Terms & Conditions or the Website. By engaging with the Website and agreeing to these Terms & Conditions, you surrender any objections to the exercise of jurisdiction over you by these courts and to such courts being the venue.

Miscellaneous

We reserve the right, in our sole discretion, to revise and update these Terms & Conditions at any given time. All modifications become effective immediately upon their posting on the Website. Your continued engagement with the Website following the posting of any revised Terms & Conditions signifies your acceptance and agreement to such changes, to the fullest extent permissible under applicable law. Should any portion of these Terms & Conditions be deemed invalid, void, or unenforceable for any reason by a competent jurisdiction, such portion shall be considered separable or confined to the minimum extent necessary so as to maintain the validity and enforceability of the remaining parts or provisions of these Terms & Conditions, which shall continue in full force and effect.

No express or implied waiver of any term in these Terms & Conditions by Rotari™ shall be interpreted as an ongoing waiver of such term or as a waiver of any other term. Similarly, any failure by Rotari™ to exercise a right under these Terms & Conditions does not constitute a waiver of that right. In the event that a competent jurisdiction finds any provision of these Terms & Conditions to be invalid, illegal, or unenforceable for any reason, that provision shall be curtailed or limited to the minimum extent such that the remaining provisions of the Terms & Conditions remain in full force and effect. These Terms & Conditions, together with our Privacy Notice, form the complete and exclusive agreement between you and Rotari™ in relation to the Website, and supersede all previous and contemporaneous understandings and agreements concerning the Website.

GENERAL TERMS AND CONDITIONS OF SALE

1. Applicability.

These Terms and Conditions of Sale, henceforth referred to as the "Terms", oversee the transaction involving the sale of goods ("Goods") by Rotari™, Sierling, Inc., and/or our authorised distributors/resellers ("Seller") to you, the purchaser ("Buyer" or "you"). Regardless of any terms or conditions indicated on the Seller's webpage, advertising, and other related materials, these Terms shall regulate the business relationship between the Seller and the Buyer, collectively referred to as the "Parties". Any previous or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, whether written or verbal, are superseded by the issued confirmation of sale ("Sales Confirmation") and these Terms. Where there is any conflict with these Terms, these Terms shall take precedence.

2. Delivery.

(a) The Goods will be delivered within a reasonable timeframe following the issuance of the Sales Confirmation by the Seller. The Seller shall not bear any liability for delays, losses, or damages during transit.

(b) The Seller is responsible for delivering the Goods to a commercial shipping company of the Seller's choosing, utilizing the Seller's standard packaging and shipping procedures.

(c) The Seller reserves the sole discretion, without incurring liability or penalty, to make partial shipments of Goods to the Buyer. Each shipment will be considered a separate sale, and the Buyer is obligated to pay for the units shipped, whether the shipment constitutes a complete or partial fulfillment of the quantity agreed upon under these Terms.

(d) Delivery will be conducted on an FOB basis in Cleveland, OH. The Seller is committed to facilitating the delivery in line with the terms detailed on the face of the Sales Confirmation.

3. Non-Delivery.

(a) The quantity of any shipment of Goods as recorded by Seller on dispatch from Seller’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. The Seller shall not be liable for any non-delivery of Goods (even if caused by Seller’s negligence) unless Buyer gives written notice to Seller of the non-delivery within 30 days of the date when the Goods would in the ordinary course of events have been received.
(b) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.

4. Returns and Risk of Loss.

(a) Unutilized Goods may be returned to the Seller for a refund of the buying price within a thirty (30) day period from the purchase date. These unutilized Goods must be returned in their original packaging.

(b) The original shipping costs are not subject to a refund. The expense of shipping the Goods back to the Seller will be borne by the Buyer.

(d) Packages that are returned to the Seller's premises by a third-party shipping company due to inability to deliver the Goods as a result of no access, incorrect address, or other shipping issues, will be automatically refunded, excluding the shipping charges and subjected to a fifteen (15) percent restocking fee.

(e) Ownership and risk of loss are transferred to the Buyer upon delivery of the Goods to the shipping service provider. To secure the payment of the purchase price of the Goods, the Buyer hereby grants the Seller a lien on and security interest in all of the Buyer's right, title, and interest in the Goods, wherever they may be located, whether existing now or later, or acquired from time to time, as well as any additions to and replacements or modifications thereof, along with all proceeds (including insurance proceeds) thereof. The security interest granted under this clause constitutes a purchase money security interest under the California Uniform Commercial Code.

5. Inspection and Rejection of Nonconforming Goods.

(a) The Buyer is required to inspect the Goods within a seven (7) day period after receipt (referred to as the "Inspection Period"). Unless the Seller is notified in writing of any Nonconforming Goods during the Inspection Period, along with any reasonable written evidence or other documentation required by the Seller, the Buyer will be considered to have accepted the Goods. "Nonconforming Goods" refer to: (i) a product that is different from what was specified in the Buyer's Sales Confirmation; or (ii) a product whose label or packaging inaccurately identifies its contents. If the Seller is timely notified by the Buyer about any Nonconforming Goods, the Seller may, at its sole discretion, either (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods. The Nonconforming Goods must be shipped back to the Seller by the Buyer, at the Buyer's expense and risk of loss. The Buyer acknowledges and agrees that the aforementioned remedies are the exclusive remedies available to the Buyer in the event of delivery of Nonconforming Goods.

6. Price.

(a) The Buyer agrees to purchase the Goods from the Seller at the price ("Price") listed in the Seller's public price list, which is valid as of the date of the Buyer's purchase. The Buyer will be responsible for paying any applicable taxes and duties. Any available discount terms will be calculated based on the original Price.

7. Payment Terms.

(a) The Buyer is required to pay all amounts due to the Seller at the time of purchase through the Seller's e-commerce platform. The Seller reserves the right not to process and ship the Goods to the Buyer if full payment is not received at the time of purchase.

8. Limited Warranty.

(a) The Seller provides a warranty to the Buyer that for a period of thirty (30) days from the date of shipment of the Goods ("Warranty Period"), the Goods will align materially with the Seller's published specifications effective as of the date of shipment and will be free from significant defects in materials and workmanship. The Seller further assures that it holds valid ownership of the Goods, and the transfer of ownership to the Buyer is valid and free from any security interest, lien, or other interest that may negatively affect the Buyer.

(b) Apart from the warranty mentioned above, the Seller does not provide any express or implied warranty regarding the Goods, all of which are expressly disclaimed. This includes any (a) Warranty of Merchantability; (b) Warranty of Fitness for a Particular Purpose; or (c) Warranty of Title, whether implied by law, course of dealing, course of performance, usage of trade or otherwise.

(c) The Seller won't be held liable for a breach of the warranty unless: (i) the Buyer provides written notice of the defect, reasonably described, to the Seller within seven (7) days of the time when the Buyer discovers or should have discovered the defect; (ii) the Seller is given a reasonable opportunity after receiving the notice to examine the Goods and the Buyer (if requested to do so by the Seller) returns the Goods to the Seller’s place of business at the Seller's cost for the examination; and (iii) the Seller reasonably verifies the Buyer’s claim that the Goods are defective.

(d) The Seller will not be held liable for a breach of the warranty if: (i) the Buyer continues to use the Goods after providing such notice; (ii) the defect arises because the Buyer failed to adhere to the Seller’s oral or written instructions regarding the storage, installation, commissioning, use or maintenance of the Goods; or (iii) the Buyer modifies or repairs the Goods without obtaining the prior written consent of the Seller.

(e) Subject to the disclaimers above, the Seller shall, at its sole discretion during the Warranty Period, either: (i) repair or replace the defective Goods (or part thereof), or (ii) credit or refund the pro-rata contract rate price of such Goods, provided that, if the Seller requests, the Buyer shall return such Goods to the Seller at the Seller's expense.

(f) The limited remedies provided in this Section 8 represent the Buyer's sole and exclusive remedy, and the Seller's entire liability for any breach of the limited warranty.

9. Limitation of Liability.

(a) In no circumstances shall the Seller be held accountable to the Buyer or any third party for any loss of use, revenue, or profit, or any consequential, indirect, incidental, special, exemplary, or punitive damages. This applies whether these damages arise from a breach of contract, tort (including negligence), or any other cause, irrespective of whether such damages were foreseeable, and regardless of whether or not the Seller has been advised of the potential for such damages, and even if any agreed or other remedy fails to serve its essential purpose.

In no event shall the Seller's total liability, whether arising from or relating to the Goods, these Terms, or any other matter, and whether arising out of or related to contract, tort (including negligence), or otherwise, exceed three (3) times the total of the amounts the Buyer has paid to the Seller for the Goods sold under these Terms.

The above limitation on liability shall not apply to liability resulting from the Seller’s gross negligence or willful misconduct.

(b) The Buyer affirms that they have read and understood the specifications of the Goods as posted on the Seller’s website under the title “Compatibility.” The Seller is not responsible for any issues arising from incorrect installation or use of Goods, even if the vehicle is compatible. The Seller also disclaims liability for the use of Goods in extreme weather or road conditions.

10. Waiver.

(a) No deviation from any provision of these Terms will be considered effective unless it is explicitly stated in writing and signed by the Seller. The Seller's delay in exercising or failure to exercise any right, remedy, power, or privilege arising from these Terms should not be construed as a waiver of such rights. The partial or single exercise of any of Seller's rights, remedies, powers, or privileges under these Terms does not hinder any other or further exercise thereof, or the exercise of any other right, remedy, power, or privilege.

11. No Third-Party Beneficiaries.

(a) These Terms are exclusively for the advantage of the Parties involved, along with their respective successors and permitted assigns. Nothing within these Terms, whether explicitly stated or implied, intends to or will bestow any other person or entity with any legal or equitable right, benefit, or remedy whatsoever under or because of these Terms.

12. Governing Law.

(a) All matters emanating from or related to these Terms are governed by and interpreted according to the internal laws of the State of California, without regard to any choice or conflict of law provision, statute, regulation, doctrine, rule, or court decision (whether from the State of California or any other jurisdiction) that would impose the laws of any jurisdiction other than those of the State of California.

13. Submission to Jurisdiction.

(a) Any dispute or claim resulting from or related to these Terms, or any breach of them, will, at the election of either Party, be resolved through arbitration managed by the American Arbitration Association under its Consumer Arbitration Rules. A judgment on the award given by the arbitrator(s) may be entered in any Court in the State of California. The rules of the American Arbitration Association can be viewed at this location: https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf

14. Notices.

(a) All notices, requests, consents, claims, demands, waivers, and other communications (referred to as "Notices") under these Terms must be in writing and addressed to the respective parties at the addresses stated on the Sales Confirmation or any other address subsequently provided by the receiving party in writing. Notices may be sent by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), or certified or registered mail (with a return receipt requested and postage prepaid). Unless otherwise specified in these Terms, a Notice is considered effective only (a) upon receipt by the receiving party, and (b) if the party issuing the Notice has fulfilled the requirements outlined in this Section.

15. Severability

(a) In the event that any term, provision, or portion thereof in these Terms is determined to be invalid, illegal, or unenforceable in any jurisdiction, such determination shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms or any other term or provision within these Terms. Furthermore, such finding of invalidity, illegality, or unenforceability shall not invalidate or render unenforceable the specific term, provision, or portion thereof in any other jurisdiction.

Rotari™ ("Rotari™," "we," "us," "our") respects your privacy and is committed to safeguarding it through adherence to this Privacy Policy (the "Policy"). We urge you to carefully review this Policy to gain a comprehensive understanding of our policies and practices concerning your information and how we will manage it. If you disagree with our policies and practices, your alternative is to refrain from using this website. Please be aware that this Policy may undergo changes periodically. Where permissible by applicable law, your ongoing use of this website after we implement changes will be considered an acceptance of those changes. Therefore, we recommend checking the policy regularly for updates.

This Policy elucidates the kinds of information we may gather from you or that you may provide to us when you visit the website Rotari.com (our "website"), and our procedures for collecting, using, preserving, protecting, and disclosing that information. This Policy pertains to information we collect on this website, and through email, text, and other electronic exchanges between you and this website. However, it does not extend to information collected by us offline or through other methods (such as any other website operated by Rotari™ or a third party), or any third party, inclusive of any content (including advertising) that may link to or be accessible from, or on, the website.

Information We Collect About You and How We Collect It

We accumulate a variety of information from and concerning users of our website, which includes:

• Your full name, both first and last

• Your email address for communication

• Postal and delivery addresses, encompassing state, ZIP code, and city

• Contact numbers, like phone numbers

• Data related to usage, which includes IP addresses, browser specifics, diagnostic data, mobile device particulars, and the timing and location of website access

Tracking Technology and Cookies

We utilize Cookies and analogous tracking technologies to monitor activity on our website and retain specific information. The tracking technologies we employ include beacons, tags, and scripts, which aid us in gathering and tracking information and in enhancing and analyzing our website. The technologies we adopt may comprise:

• Cookies or Browser Cookies: A cookie is a diminutive file situated on your device. You have the option to direct your browser to decline all cookies or to indicate when a cookie is being dispatched. However, if you choose not to accept cookies, you may not be able to utilize some portions of our website.

• Flash Cookies: Certain functionalities of our website may utilize locally stored objects (or Flash Cookies) to accumulate and store information regarding your preferences or your activity on our website. For additional information on how you can erase Flash Cookies, we recommend reading articles similar to this one: "Where can I alter the settings for disabling or deleting locally stored objects?"

• Wix.com Cookies: As our website is built on Wix.com, it may use cookies specific to the Wix platform for enhanced user experience and functionality. These cookies help us understand your interaction with our website and improve our services accordingly.

• Web Beacons: Specific sections of our service and our emails may include diminutive electronic files known as web beacons (also identified as clear gifs, pixel tags, and single-pixel gifs) that enable Rotari™, for instance, to tally users who have visited those pages or opened an email, and for other associated website statistics (for instance, documenting the popularity of a particular section and ensuring system and server integrity).

Use of Your Personal Data

Rotari™ may utilize your personal data, as delineated above, for the following objectives:

• To offer and sustain our website: Your information may be employed to oversee usage and security of the platform. We make use of a website hosting service that may access your information as part of the services they offer to Rotari™.

• To manage your Account: The information you provide during account registration may be used to enhance our services to you. The personal data you supply can grant you access to various features on the website as a registered user.

• For the execution of a contract: Your personal data facilitates the formation, compliance, and undertaking of the purchase contracts for the products, items, or services you have acquired or any other contracts established between us and you via the website. This includes disclosure of personal data to third-party shipping and logistics companies.

• To contact you: Your personal data allows us to reach out to you via email, telephone calls, SMS, or other equivalent forms of electronic communication, like notifications regarding updates or informational communications related to the functionalities, products, or contracted services, inclusive of the security updates, when essential or reasonable for their execution.

• To provide you with updates and manage your requests: Your personal data enables us to share news, special offers, and general information about other goods, services, and events which we provide that are similar to those you have already purchased or inquired about, unless you have opted out of receiving such information. Your data also allows us to manage and attend to requests you make of Rotari™ through the website.

• For other purposes: We may employ your personal data for other objectives, such as data analysis, identifying usage trends, gauging the effectiveness of our promotional campaigns and to evaluate and enhance our website, products, services, marketing, and user experience.

We may disclose your information to:

• Service providers: Your personal data may be shared with service providers to monitor and analyze the use of the website.

• Law enforcement: Under certain circumstances, we may reveal your personal data in compliance with governing laws or other valid requests by public authorities.

• Business transfers: In order to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, we may disclose your personal data, wherein the data held by us is among the assets transferred.

• Affiliates: We may share your information with our affiliates, in which case we will mandate those affiliates to abide by this Privacy Policy. Affiliates include our subsidiaries, joint venture partners or other companies that we control or are under common control with us.

• With other users: If you share personal information in the comments section or other public areas of the website with other users, such information may be viewed by all users and may be publicly distributed outside of our website. Similarly, other users may have the ability to view descriptions of your activity or engage with you via public comments.

• Your consent: With your consent, we may disclose your personal information for any other purpose.

Data Security and Storage

We have implemented commercially viable measures to safeguard and maintain your personal information from incidental loss and from unauthorized access, utilization, alteration, and disclosure. While we retain personal information provided during account creation, we engage a third-party credit card processor who may independently collect and store some of your personal data.

The protection and security of your information also rely on you. Where we have provided you (or where you have selected) a password for access to specific portions of the website, it is your responsibility to keep this password confidential. Regrettably, the transmission of information via the internet cannot be entirely secure. Despite our efforts to protect your personal information, we cannot assure the security of your personal information transmitted to our website. Any transmission of personal information is carried out at your own risk.

Comments and Engagement

When users post comments on the website, we accumulate data exhibited in the form, along with the commenter’s IP address and browser details. An anonymized string, generated from your email address (also known as a hash), may be supplied to the web host to verify its use. Your profile picture is publicly visible in the context of your comment.

Links to Other Websites

Our website may include links to external websites that are not managed by us. If you select a third-party link, you will be redirected to that third party's website. We strongly recommend that you examine the privacy policy of each site you navigate to.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our CCPA policy.

Contact Information

If you have any questions or comments regarding this Privacy Policy and our privacy practices, feel free to reach out to us at:

Sierling, Inc. (DBA: Rotari™)

(626) 678 3623

info@rotariauto.com