February 11, 2019
service is owned and operated by Rollick , Inc. and its affiliates (“Rollick”).
Rollick permits access to and use of its online powersports vehicles, watercraft and RV (collectively, “Vehicles”)
information and communications platform, as well as related services that can be accessed from or through the
websites and associate domains of Rollick, including https://www.gorollick.com/
and www.AvalaMarketing.com, the websites and
services of our Vehicles partners and dealer network, and any related mobile applications (collectively, the
“Service”), subject to the terms and conditions in this Terms of Service (“TOS”).
Rollick may, at its discretion, update this TOS at any time. You can access and review the most current version
of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Service
or as otherwise made available by Rollick. By continuing to use the Service after an updated version of
this TOS has been posted, you agree that the new TOS will apply to your use. It is the express wish of the
parties that this Agreement and all related documents, including notices and other communications, be written in
English only. Il est la volonté expresse des parties que cette convention et tous les documents
s’y rattachant, y compris les avis et les autres communications, soient rédigés en anglais
REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT, PROVIDING INQUIRY DATA (defined below) OR OTHERWISE
ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE
OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THIS TOS, DO NOT ACCESS OR USE THE SERVICE.
TOS REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS
TOS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR
INTERPRETATION OF THIS TOS (EACH, a “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED
ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER
SIMILAR PROCESS. PLEASE REVIEW SECTION 17 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE
RESOLUTION OF ANY CLAIM.You represent and warrant that you are: (a) over eighteen years of age or the
age of majority in your jurisdiction, whichever is greater; (b) of legal age to form a binding contract; and (c)
not a person barred from using the Service under the laws of your country of residence or any other applicable
Your privacy is important
grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view
materials within the Service.
the extent that the Service provides access to any online software, applications or other similar components,
Rollick grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and
use such components only for your internal business purposes in the form within the online platform provided by
Rollick and solely to access the materials within the Services.
may make available mobile apps for access to and use of certain components of the Service (collectively, “Mobile
Apps”). Your access to and use of Mobile Apps is subject to this TOS and any applicable end user
license agreement provided with each app.
rights granted to you under this TOS are subject to your compliance with this TOS in all material respects and
may only be exercised for your non-commercial personal or educational use. Your access to and use of the Service
must further comply in all material respects with any usage guidelines posted by Rollick.
may browse the Service without submitting information to Rollick, but some features may not be accessible unless
you provide information about yourself as prompted by the Service’s inquiry form (the “Inquiry
Data”). You agree to (i) provide true, accurate, current and complete Inquiry Data, and (ii)
maintain and promptly update the Inquiry Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Rollick reasonably suspects that you have
information regarding our use of your personal information provided as part of Inquiry Data.
access certain features of the Service you may be required to create an account with Rollick. You are fully
responsible for all activities that occur under your account. You may not share your account or password with
anyone. You agree to notify Rollick immediately of any unauthorized use of your account or password or any other
similar breach of security.
acknowledge and agree that all information, data, data records, databases, text, software, photographs, images,
graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly
posted or privately transmitted, including, without limitation, Vehicle- costs, prices, estimates, taxes,
condition, reviews and specifications (“Content”), are the sole responsibility of
the person from whom such Content originated. This means that you, and not Rollick, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your
Content”), and other users of the Service, and not Rollick, are similarly responsible for all
Content they upload, post, email, transmit or otherwise make available through the Service (“User
acknowledge and agree that Rollick has no obligation to pre-screen Content (including, but not limited to, Your
Content and User Content), although Rollick reserves the right in its sole discretion to pre-screen, refuse or
remove any Content. Without limiting the generality of the foregoing sentence, Rollick shall have the right to
remove any Content that violates this TOS or that it deems objectionable.
the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and
authority to grant the rights set forth in this TOS with respect to Your Content; and (ii) Your Content does not
violate any duty of confidentiality owed to another party, or infringe, dilute, misappropriate or otherwise
violate the proprietary or intellectual property rights (including, without limitation, rights in copyrights,
trademarks, privacy and publicity) or any other right of any other party.
does not claim ownership of Your Content; however, you grant Rollick and its service providers a perpetual,
irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use,
reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and
have made Your Content (in any form and any medium, whether now known or later developed) as necessary to provide
the Service. You acknowledge and agree that the technical processing and transmission of data associated with the
Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to
conform and adapt to technical requirements of connecting networks or devices.
with respect to Your Content, you acknowledge and agree that, as between you and Rollick, Rollick owns all
rights, title and interest (including, but not limited to, all intellectual property rights) in the Service and
all Content and other materials within the Service. The Service and Content, including Marks (as defined below),
are protected by U.S. and international copyright and other intellectual property laws and treaties and may not
be used for any purpose other than as expressly permitted herein without the prior written permission of Rollick.
Rollick reserves all rights not expressly granted to you.
claims trademark protection over all names, brands, trademarks, service marks and logos that we make available to
you, including the Rollick,
AVALA and Aimbase.com marks