These Terms of Use ("Terms") govern your access to and use of the RCMIndustries.com website (the "Site"), operated by RCM Industries, Inc. ("we," "us," or "our"). As an e-commerce platform offering industrial products and services, these Terms outline the rules and responsibilities for Browse, purchasing, and interacting with our Site.
Please read these Terms of Use carefully before you start to use this Site. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Site.
1. Acceptance of Terms
By using this Site, you confirm that you are at least 18 years of age and that you agree to comply with these Terms. If you are accessing or using the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Changes to Terms
We reserve the right to modify or update these Terms at any time, in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically to stay informed.
3. Accessing the Site
You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms, and that they comply with them. We are not liable for any damages or losses resulting from your inability to use this Site at any time and for any period.
We aim to keep our Site available, but due to the nature of the Internet, we cannot promise that the Site will be uninterrupted, entirely error-free, or continuously available. We may suspend access to our Site, or close it indefinitely, without notice.
4. Site Content and Intellectual Property
- Ownership: All content on the Site, including text, graphics, logos, button icons, images, product descriptions, data compilations, software, and the compilation of all content on this site, is the property of RCM Industries, Inc. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
- Trademarks: The names, titles, logos, and designs identifying the products and brands of RCM Industries, Inc., including any derivative and related names, titles, logos, and designs, appearing in this Site, are trademarks of RCM Industries, Inc. and its sole property. Any other names, titles, logos, and designs appearing on this Site are the property of their respective owners.
- Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content solely for your personal and internal business use, specifically for researching, Browse, and purchasing products and services offered by RCM Industries, Inc.
- Restrictions: Any reproduction, modification, publication, transmission, retransmission, framing, misuse, misappropriation, unauthorized use, transfer, sale, distribution, performance, display, creation of a derivative work or any other exploitation of any Content, in whole or in part, without the express written consent of RCM Industries, Inc. is strictly prohibited. You may not use any data mining, robots, or similar data gathering and extraction tools on the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RCM Industries, Inc. without our express written consent.
5. Your Responsibility for Information Accuracy (Duty of Disclosure)
It is your responsibility to ensure that all information you provide to us through this Site (including, but not limited to, contact details, shipping addresses, and payment information) is accurate, current, and complete at the time of disclosure. If any information you have provided is found to be subsequently inaccurate, or becomes inaccurate, you have a duty to inform us of such changes or incorrect information as soon as you become aware of it. We are not liable for any issues arising from inaccurate or incomplete information provided by you.
6. Product Information, Pricing, and Orders
- Accuracy: We strive to ensure that all information on the Site, including product descriptions, specifications, pricing, and availability, is accurate. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. Commentary and other materials posted on this Site are not intended to amount to advice on which reliance should be placed. If there is an error in the price, quote, type of product, or service shown, we reserve the right to amend this. If a product offered by RCM Industries, Inc. is not as described, your sole remedy is to return it in unused condition in accordance with our return policy.
- Pricing: All prices displayed on the Site are in United States Dollars (USD) unless otherwise specified, and are subject to change without notice. Prices do not include applicable sales, use, or other taxes, shipping, or handling charges, which will be added to your order where applicable.
- Order Acceptance and Cancellation: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason, including but not limited to, product availability, errors in pricing or product description, or issues identified by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We may also limit the quantity of items purchased per person, per household, or per order.
- Payment: All payments must be made through the payment methods offered on the Site. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.
7. Accounts
If you create an account on the Site:
- Account Responsibility: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
- Account Termination: We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including for any violation of these Terms.
8. Shipping and Returns
- Shipping: Shipping terms, including methods, costs, and estimated delivery times, are outlined in our separate Shipping Policy, which is incorporated herein by reference. We are not responsible for delays caused by shipping carriers or unforeseen circumstances once the product has left our facility.
- Returns: Our return and refund policy is detailed in our separate Return Policy, which is incorporated herein by reference. Please review this policy carefully before making a purchase
9. Viruses, Hacking, and Other Offenses
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Site, the server on which our Site is stored, or any server, computer, or database connected to this Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offense under applicable laws (e.g., the Computer Fraud and Abuse Act in the U.S.). We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
10. Disclaimers
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY RCM INDUSTRIES, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RCM INDUSTRIES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RCM INDUSTRIES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RCM INDUSTRIES, INC. DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM RCM INDUSTRIES, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
11. Limitation of Liability
IN NO EVENT WILL RCM INDUSTRIES, INC. OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, AGENTS, OR REPRESENTATIVES BE LIABLE TO ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY LINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT YOU AGREE IS FAIR AND REASONABLE CONCERNING YOUR USE OF THIS SITE AND APPLIES TO ALL HARM, LIABILITIES, INJURIES, LOSSES, DAMAGES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF HOW SAME ARISE, WHETHER IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STATUTE, COMMON LAW, EQUITY, OR OTHERWISE, AND WHETHER FOR OR IN CONNECTION WITH LOSS OF PROGRAMS OR DATA, LOSS OF INCOME, REVENUES OR PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO PERSON OR PROPERTY, CLAIMS OF THIRD PARTIES OR OTHERWISE.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law
12. Indemnification
You understand and expressly agree that all access to and use of this Site is at your sole risk.
You will indemnify and hold harmless RCM Industries, Inc., its officers, directors, employees, agents, and affiliates from and against all harm, liabilities, injuries, losses, damages, costs, and expenses incurred by RCM Industries, Inc. (including, but not limited to, reasonable attorneys' fees and disbursements) in connection with your access to or use of this Site or any Content, your violation of these Terms, or your placement or transmission of any content or information on or through the Site.
You agree that you shall not take any action against RCM Industries, Inc. or any of its affiliates, officers, directors, employees, third-party content providers, licensors, agents, or representatives in any connection with any matter relating to or arising out of your access to or use of this Site
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the internal laws of the State of California, without regard to principles of conflict of laws. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Contra Costa County, California for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.
14. Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15. Entire Agreement
These Terms of Use and our Privacy Policy constitute the entire agreement and understanding between you and RCM Industries, Inc. with respect to your access to and use of this Site and supersede all prior oral and written proposals, representations, understandings, and agreements.
16. Notices
You may send notices to RCM Industries, Inc. at the address below. Any such notice will be effective upon actual receipt by the Company. We may send notices to you through email, regular mail, or a posting on this Site. Any such notice will be effective upon actual receipt by you in the case of email or regular mail or upon posting in the case of posting on this Site.
17. Your Concerns / Contact Information
If you have any questions or concerns about these Terms of Use, or if you wish to report any material that appears on our Site, please contact us:
RCM Industries, Inc. 110 Mason Cir, Suite D Concord, CA 94520 Phone: +1-925-687-8363 Email: sales@rcmmeters.com
