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Terms of Use

Welcome to the Rogue website (the "Site"). Rogue Australia Pty Ltd, trading as Rogue Fitness Australia (“Rogue”, "we", "us", "our") provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Use of Site

You represent and warrant that you are at least 18 years old or, if not, that you are visiting and using the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for or otherwise for researching items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, adapt, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. You must not, and must not attempt to, either manually or through use of any technology including, but not limited to, crawlers and spiders, search the Site or engage in screen scraping, database scraping or any other activity with the purpose of obtaining information from the Site, including but not limited to personal information about third parties. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests or the interests of our related bodies corporate or associated entities.

You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Australian. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that you are well enough for physical activities. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions or those of our related bodies corporate or associated entities . Product representations expressed on this Site of products that are not manufactured by Rogue are that of the vendor and are not made by us.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Reviews & Comments

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you,. For the purposes of this clause, you assign (or, if you cannot assign not, you agree to assign) to us all your right, title and interest in and to all Submissions.. To the extent that you are unable to assign any or all of your Submissions in accordance with this clause, you hereby grant to us and our related bodies corporate and associated entities a royalty-free, worldwide, perpetual, sub-licensable, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us and our related bodies corporate and associated entities the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or control, or otherwise have the right to use for the purpose of this Site, all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by us and/or our related bodies corporate or associated entities will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or any third parties as to the origin of any Submissions or content you submit to the Site. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

You hereby consent to all acts or omissions by us and our related bodies corporate and associated entities which would otherwise constitute an infringement of any moral rights you have, or may have, in the Submissions or any part of them, or any material appearing in the Submissions, whatsoever and wheresoever subsisting throughout the world. You acknowledge that such consent is provided genuinely and includes consent for Rogue, or any other person authorised by us, to materially alter, modify, add to and in any way change the Submission or any part of it, or any material appearing in the Submission, and deal with the Submission or any part of it, or any material appearing in the Submission, without identifying you or any third person as the author of the Submission or any part of the Submission, or any material appearing in the Submission. You warrant that any third party who has acquired any moral rights in the Submission or any part of it, or any material appearing in the Submission, has waived his or her moral rights or consented to all acts or omissions (as applicable) on terms similar to the terms set out in this Agreement.

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Rogue, or its affiliates, or is being used by Rogue under license. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Rogue or its related bodies corporate or associated entities. All software used on this Site (the "Software") is the property of Rogue, its related bodies corporate or associated entities or is otherwise under by Rogue under licence. The Content, the Compilation and the Software are all protected by Australian and international copyright laws. ROGUE FITNESS (& design), ROGUE (& design), the Rogue R (& design), and other logos, slogans, trade names or words are registered trade marks in Australia and/or in other jurisdictions, trade marks or service marks of Rogue, its related bodies corporate or associated entities, suppliers, or third parties. The use of any of Rogue’s trade marks or service marks without Rogue’s express written consent is strictly prohibited. Subject to applicable laws, you may not use Rogue’s trade marks or service marks, or any marks which are substantially identical with or deceptively similar to, or which are otherwise confusingly similar to, those marks in connection with any product or service in any way that is likely to cause confusion. you may not use Rogue’s trade marks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Read our Privacy Policy.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

Termination & Effect of Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement for any reason. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International Access

This Site may be accessed from countries other than Australia. This Site may contain products or references to products that are not available outside of Australia. Any such references do not imply that such products will be made available outside Australia. If you access and use this Site outside Australia you are responsible for complying with your local laws and regulations.

Disclaimer and Limitation of Liability

THE DISCLAIMER AND LIMITAITITON OF LIABILITY SET OUT BELOW IS SUBJECT TO THE PROVISIONS OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED FROM, MODIFIED IN THEIR EFFECT OR SUPPLEMENTED BY THESE TERMS OF USE.

TO THE EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE SET FORTH ON THIS SITE, INCLUDING WITHOUT LIMITATION THE PRODUCT DESCRIPTIONS OF SPECIFIC PRODUCTS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.

IF THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY OTHER ACT (INCLUDING, WITHOUT LIMITATION, EQUIVALENT COUNTRY, STATE OR TERRITORY LEGISLATION) (THE LAW) IMPLIES INTO THESE TERMS OF USE ANY TERM, OR OTHERWISE PROVIDES THAT ANY GUARANTEE APPLIES IN RELATION TO THE SERVICES SUPPLIED UNDER OR IN CONNECTION WITH THESE TERMS OF USE, WHICH, OR THE EFFECT OF WHICH, CANNOT BE EXCLUDED OR MODIFIED, AND IF ROGUE BREACHES SUCH TERM, CONDITION, WARRANTY OR GUARANTEE, THEN OUR LIABILITY (IF PERMITTED BY THE RELEVANT ACT) IS LIMITED, AT OUR ELECTION, TO THE RE-SUPPLYING OF THE RELEVANT SERVICES, A REFUND OF THE COST OF HAVING THOSE SERVICES SUPPLIED OR PAYMENT OF THE COST OF HAVING THE SERVICES RE-SUPPLIED.

THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is subsequently canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we and our related bodies corporate and associated entities are not responsible for the operation of or content located on or through any such site.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement located at the bottom of this page.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Applicable Law

This Agreement is governed by the laws of New South Wales, Australia without regard to any principles of conflicts of laws. You hereby agree to submit to the non-exclusive jurisdiction of the courts of that State.

Disputes

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Columbus, Ohio, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction to hear and determine the dispute.. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Serverability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

ROGUE FITNESS AUSTRALIA PTY

6 Mount Erin Road Campbelltown, NSW 2560

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our related bodies corporate and associated entities that you believe that your copyrighted material has been infringed.

•    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•    A description of the copyrighted work that you claim has been infringed upon;

•    A description of where the material that you claim is infringing is located on the site;

•    Your address, telephone number, and e-mail 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;

•    A statement by you, made under penalty of perjury, that the above 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 its site is:

ROGUE FITNESS AUSTRALIA PTY
Attn: Intellectual Property
6 Mount Erin Road Campbelltown, NSW 2560
[email protected]