Sam’s Club is not affiliated with Rollick and is not responsible for the information or services provided by Rollick. Sam’s Club makes no endorsement of, nor makes any warranty, express or implied, regarding Rollick’s information or activities.
Questions? Email us at firstname.lastname@example.org **Bonus Savings on Parts, Service and Accessories subject to dealer participation. Please check with your Certified Dealer for final details. The following brands are ineligible for the Bonus Savings Offer: Tracker Boats, Ranger Boats, Nitro, Triton, Mako, SunTracker, Regency, Tahoe, Ascend and Tracker Off Road. If you do not connect with a dealer for a price certificate, you are not eligible for Bonus Savings.
***$50 gift card offer only valid for vehicles purchased from a Standard Rollick Certified Dealer. $500 gift card offer only valid for vehicles purchased from a Premium Rollick Certified Dealer.
✝Vehicle deductible reimbursement (VDR) benefits not available in New Hampshire and New York.
TERMS OF SERVICE
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
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
(“Marks”) and you will not use the Marks except as expressly authorized
herein. You will not remove or alter the Marks or any proprietary notices on the Content. The Marks may not be
included in or as part of any registered corporate name, any other logo, or service or product name. You
may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies
an inaccurate sense of endorsement, sponsorship, or association with Rollick. You will not otherwise use
business names and/or logos in a manner that can mislead, confuse, or deceive any third party. All use of the
Marks and all goodwill arising out of such use, will inure to Rollick’s benefit.
with respect to Your Content, you may not: (i) use, capture, reproduce, modify, adapt, create derivative works
from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise
grant rights to the Service, except as expressly permitted under this TOS; (ii) reverse engineer, disassemble,
decompile or translate, or otherwise attempt to derive the source code, architectural framework or data
records within or associated with the Service; (iii) interfere with or disrupt the integrity or
performance of the Services; (iv) access the Service for the purpose of developing, marketing, selling or
distributing any product or service that competes with or includes features substantially similar to the Service
or any products or services offered by Rollick; (v) rent, lease, lend, sell or sublicense the Service or
otherwise provide access to the Service or Content as part of a service bureau or similar fee-for-service
or permit other individuals or entities to create Internet "links" to the Services or Content or "frame" or
"mirror" the Services or Content on any other server, or wireless or Internet-based device; or (vi) remove or
obscure any proprietary notice that appears within the Service.
TO CONTACT BY AUTOMATED MEANS
providing your contact information, including your phone number, you agree that Rollick and its Vehicles partners
and dealer network may contact you, including via telephone calls and texts relating to your Vehicle
interests. You agree that such calls and texts, including sales calls, may be placed through the use
of an automated dialer system. Your consent to receive such calls/texts is not a condition of vehicle
purchase or any other transaction you may complete with Rollick or its Vehicles partners and dealer
connection with your access to or use of the Service, you shall not:
post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or
otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary
relationships (such as confidential or proprietary information learned as part of an employment relationship or
under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other
proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of
solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy
or limit the functionality of any software or hardware; or (vi) consists of information that you know or have
reason to know is false or inaccurate.
any person or entity, including, but not limited to, Rollick personnel, or falsely state or otherwise
misrepresent your affiliation with any person or entity;
headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through
in a manner that negatively affects the ability of other users to access or use the Service;
any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service or
substantially download, reproduce or archive any portion of the Service or Content;
share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service or Content,
including, but not limited to, your user account and password; or
(i)violate any applicable local,
state, provincial, federal or international law or regulation.
you elect to provide or make available to Rollick any suggestions, comments, ideas, improvements or other
feedback relating to the Service (“Suggestions”), Rollick shall own and be free to
use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute,
make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any
medium (whether now known or later developed), without accounting, credit or compensation to you.
WITH ADVERTISERS AND OTHER THIRD PARTIES
dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or
services on the Service, including payment for or delivery of such goods or services and any other terms,
conditions, warranties or representations associated with such dealings, are solely between you and the
advertiser or other third-party. You agree that Rollick shall not be liable for any damage or loss of any kind
incurred as a result of any such dealings.
AND EXTERNAL MATERIALS
Service or users of the Service may provide links to other websites or resources. You acknowledge and agree that
Rollick does not endorse and is not responsible for any content, advertising, products, services or other
materials on or available through such sites or resources (“External Materials”).
reviewing. You further acknowledge and agree that Rollick shall not be liable for any damage or loss resulting
from or arising out of use of or reliance on any External Materials.
TO THE SERVICE
reserves the right at any time to modify or discontinue the Service (or any portion thereof) with or without
notice, and Rollick shall not be liable to you for any such modification or discontinuance.
shall indemnify and hold Rollick and its affiliates, and each of their officers, directors, employees, agents,
partners and licensors (collectively, “Rollick Parties”) harmless from and against
all, losses, damages, costs, liabilities and expenses, including, but not limited to, reasonable attorneys' fees,
to the extent resulting from or arising out of any third party claim, demand, or action due to: (a) your
violation of this TOS or any law or regulation; (b) Your Content; (c) your use of the Service or Content, except
as expressly permitted in this TOS; or (d) your violation of any rights of another party. At the discretion of
Rollick, you shall also defend Rollick from such claims, demands and actions.
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL
FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROLLICK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE,
INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (b)THE ROLLICK PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
VIRUS-FREE OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE. (c)
WITHOUT LIMITING THE FOREGOING, ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR
INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE
TAKING OR OMITTING ANY ACTION.
ACKNOWLEDGE AND AGREE THAT THE ROLLICK PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, GOODWILL OR DATA, OR
COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE
ROLLICK PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER
SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE ROLLICK PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL
CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE
SERVICE OR CONTENT EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO ROLLICK FOR ACCESS TO
THE PORTION OF THE SERVICE AT ISSUE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE
APPLICABLE CLAIM(S) AROSE. (b)THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS
OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH
LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH
APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF
RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
party may terminate this TOS at any time. In the event that you violate this TOS, all rights granted to you under
this TOS shall terminate immediately, with or without notice to you. To the extent that your access to the
Service arises from a separate agreement, such access shall terminate upon termination of the applicable
agreement or as otherwise set forth in such agreement.
termination of this TOS for any reason: (i) Rollick, in its sole discretion, may remove and discard Your Content;
(ii) you will immediate cease your use of the Services and Content, other than Your Content; and (ii) any
provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such
expiration or termination.
TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act,
other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles.
The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from
application to this TOS.
ARBITRATION AND CLASS ACTION WAIVER
CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU
MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION
THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IN AUSTIN, TEXAS, IF YOUR CLAIMS ARE WITHIN THE COURT’S
JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. (b)
The arbitration shall be conducted by the american arbitration association (aaa) under its then-applicable
commercial arbitration rules or, as appropriate, its consumer arbitration rules. The aaa’s rules are
available at http://www.Adr.Org/. Payment of all filing, administration and arbitrator fees shall be governed by
the aaa’s rules. The arbitration shall be conducted in the english language by a single independent and
neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing
shall be conducted in austin, texas or, if the consumer arbitration rules apply, another location reasonably
convenient to both parties with due consideration of their ability to travel and other pertinent circumstances,
as determined by the arbitrator. The decision of the arbitrator on all matters relating to the claim shall be
final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. (c)
WE EACH AGREE THAT ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN
A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. IF FOR ANY REASON A CLAIM
PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM
SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL
JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR
ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything to the contrary, you and
rollick may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to
protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any
dispute pursuant to the arbitration procedures set forth in this section 17.
represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or
designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S.
Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated
section applies to access to or use of the Service by a branch or agency of the United States Government. The
Service includes “commercial computer software” and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items”
as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or
on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition
by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R.
227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS
with respect to the such items, and any access to or use of the Service by the United States Government
constitutes: (i) agreement by the United States Government that such items are “commercial computer
software” and “commercial computer software documentation” as defined in this section; and (ii)
acceptance of the rights and obligations herein.
agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
you believe that your work has been made available through the Service in a way that constitutes copyright
infringement, please provide Rollick’s Agent for Notice of Copyright Claims the following information: (a)
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a
description of the material that you claim is infringing and where that material may be accessed within the
Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith
belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent
or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed. Rollick’s Agent for Notice of Copyright Claims can be reached as follows:
for Notice of Copyright Claims 13215 Bee Cave Parkway
Cave, Texas 78738
TOS constitutes the entire agreement between you and Rollick concerning your access to and use of the Service and
Content. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and
Rollick with respect to such subject matter. This TOS may not be amended by you except in a writing executed by
you and an authorized representative of Rollick. You may not assign or delegate any right or obligation under
this TOS without the prior written consent of Rollick. Rollick may assign this TOS, in whole or in part, at any
time in its sole discretion. The failure of Rollick to exercise or enforce any right or provision of this TOS
shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or
unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary,
severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the
remaining parts of this TOS. For the purposes of this TOS, the words “such as,”
“include,” “includes” and “including” shall be deemed to be followed by the
words “without limitation.”Any
prevention of or delay in performance by Rollick hereunder due to labor disputes, acts of god, governmental
restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable
control shall excuse the performance of its obligations for a period equal to the duration of any such prevention
February 11, 2019
"us" or "our") may collect through your use of the Rollick online powersports
vehicles, watercraft and RV (collectively, "Vehicles") information and communications platform,
well as related services that can be accessed from or through the Rollick websites and associate domains,
https://www.gorollick.com/ and www.AvalaMarketing.com,
the websites and services of our affinity partners, vehicle partners and dealer network, and related websites and
mobile applications "Service"). It also describes how we may use, disclose and protect
collected through your access to and use of the Service.
By accessing or using the
Service, you consent to the collection, use, disclosure, storage and processing of your information in
located at https://gorollick.com/company/terms-of-service/ and any other related terms of service,
end user license agreement, or services agreement (collectively, “Service Terms”); and (iii) and
permitted or required by applicable law.
The Service may be hosted
operated in countries other than the country in which you reside. Those countries may have different data
protection laws and regulations from those that apply in your home country. By accessing or using the Service,
you consent to the transfer, storage and processing of your information outside of your home country. Please be
aware that the governments, courts, and law enforcement, security or regulatory agencies of a particular
may be able to obtain access to or disclosure of your information as permitted by the laws of that country.It is the express wish of
parties that this Agreement and all related documents, including notices and other communications, be in
only.Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant,
compris les avis et les autres communications, soient rédigés en anglais seulement.
navigate to specific section through the following links:
navigate to specific section through the following links:
HOW WE COLLECT AND USE INFORMATION
That You Provide Directly. We may ask for certain
personal information such as your name, physical address, email
address, phone number, group affiliation, demographic information, and other information relating to you. We may retain any messages
send through the Service, and we may also retain other
personal information you voluntarily provide to us.
We use this information to operate, maintain and provide to you the features and functionality of the
and as further described below.
Collected or Received from Third Parties.
We may receive information about you from third parties. You should always review and, if necessary, adjust
your privacy settings on third-party services before linking or connecting them to the Service. We may also
collect information about you from our third-party business associates, publicly-available sources and our
affiliates. For example, we may receive information about you from: (i) member service organizations,
groups and other associations (collectively, “Organizations”) of which you are a
member; (ii) third-party services that verify your membership in such organizations (“Verification
Services”); and (iii)Vehicle dealers and manufacturers.
We may collect, measure and analyze your personal information to identify traffic and usage trends for the
Service, and we may use third-party analytics tools, including Google Analytics and other cloud-based tools,
help us (“Analytics Tools”). This allows us to understand, among other things,
and persistent device identifiers to collect and store information such as number of visits, time and date of
visit, pages visited, time spent on each page, IP address, and type of operating system used. You can learn
more about Google Analytics and your options for opting out of interest-based Google ads at https://adssettings.google.com.
(d)Cookies. When you visit the Service,
we may send one or more cookies (small text files containing a string of alphanumeric characters) to your
computer that uniquely identify your browser and enhance your navigation of the Service. A cookie may also
convey information to us about how you use the Service (e.g., the pages you view, the links you click and
actions you take), and allow us or our third-party business associates to track your usage of the Service.
There are at least two different types of cookies: persistent and session cookies. A persistent cookie
on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent
visits to the Service. Persistent cookies can be removed by following your web browser’s directions for
removal of cookies. A session cookie is temporary and disappears after you close your browser. You can reset
your web browser to refuse all cookies or to notify you when a cookie is being sent; however, some features
the Service may not function properly if cookies are disabled.
file information is automatically reported by your browser each time you access a web page. When you access
use the Service, our servers may automatically record certain log file information, such as your web request,
internet protocol (IP) address, operating systems used, browser type, referring/exit pages and URLs, number
clicks and how you interact with links on the Service, domain names, landing pages, and pages viewed.
GIFs/Web Beacons/Pixel Tags.
Clear GIFs (also known as web beacons or pixel tags) allow us to know when you visit our Service, and for the
tracking of a user’s response to an email or usage of a website. Through the use of clear GIFs, web
beacons and pixel tags, we obtain non-personal information or aggregated information that can be used by us
understand traffic patterns and enhance your online experiences. We may use clear GIFs or similar
to assess responses to emails and usage of the Service. For example, we may use clear GIFs to track when
are opened and which links are clicked by recipients. You can disable the ability of clear GIFs to capture
information by blocking cookies.
When you access or use the Service using a mobile device, we may access, collect, monitor and/or remotely
one or more “device identifiers,” such as a universally unique identifier(UUID).
Device identifiers are small data files or similar data structures stored on or associated with your device
that uniquely identify your device. A device identifier may consist of data stored in connection with the
device hardware, operating system or other software, or data sent to the device by us. A device identifier
convey information to us about how you browse and use the Service. A device identifier may remain
on your device to enhance your navigation on the Service. Some features of the Service may not function
properly if use or availability of device identifiers is impaired or disabled.
you access or use the Service, we may access, collect, monitor and/or remotely store “location
data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information
regarding the location of your device. Location data may convey to us information about how you browse and
the Service. Some features of the site, particularly location-based services, may not function properly if
or availability of location data is impaired or disabled.
We may use the information we collect or receive to communicate directly with you. For example, we may use
information to send you emails containing newsletters, promotions and special offers regarding the Service.
may also use the information to conduct market analyses, and to send you service-related notices (e.g.,
verification, technical and security notices) and targeted direct marketing mail mailings.
of Certain Service-Type Information.
We may use information from cookies, log files, device identifiers, location data and clear GIFs to: (i)
remember you, your preferences and your information so that you will not have to re-enter it during your
or the next time you visit the site; (ii) provide custom, personalized content or information; (iii) monitor
and improve the effectiveness of the Service; (iv) monitor aggregate metrics, such as total number of
traffic and demographic patterns; (v) diagnose or fix technology problems; (vi) provide advertising to your
browser or device; and (vii) conduct research or surveys.
of Information with Your Consent.
We may use your information for any other purpose for which you provide consent.
We may combine any of the information we collect from or about you, from one or multiple sources, and use it
Surveys, Solicitations, or Contests. From
time to time, we may use personal information provided through product registration to request marketing
information from you using surveys, solicitations, or contests. Additional information requested may include
contact information (such as e-mail address) and demographic information (such as number of family members
income ranges). Participation in surveys, solicitations, or contests is completely voluntary and you
have a choice as to whether to disclose any information. We will use such personal information to notify
winners and award prizes, to monitor or improve the use of the Service or related advertising, and to provide
aggregated information for marketing analyses. We use this information to analyze your present and future
related to our and our clients products and to send you further notices, promotions, solicitations, or
brochures and other marketing materials regarding the Service and the products and services of our businesses
and those of our business partners or authorized dealers. Solicitations may take the form of mailings via
mail or other couriers, or e-mail (if provided). If you do not want to receive these solicitations from us
using the personal information provided by you through product registration cards or other sources, you may
HOW WE MAY SHARE YOUR INFORMATION
Associates and Service Providers.
We may share information about you with third-party business associates and service providers that perform
services on our behalf in connection with the Service. We may also share information about you with any of
Dealers and Manufacturers, and related Marketing Groups.
We may share information with Organizations, Verification Services, and Vehicle dealers and manufacturers and
other providers of Vehicle-related products and services, as well as related marketing groups, in connection
with the Service to, among other things, allow you to communicate with such parties and, and them to
communicate with you, including by automated means. We may have agreements with marketing providers to
specific services for you. When you request or use such services, we may share your personal information with
the marketing providers, who may in turn send you brochures, catalogs, and other marketing materials. In such
cases, we will use good faith efforts to restrict the information provided to the information necessary for
provision of such services and limit any other use of the information.
we become involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities
bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or
substantially all of our business otherwise changes, we may share or transfer your information to a third
or parties in connection with such transaction or change in ownership.
Regardless of the choices you make regarding your information and to the extent permitted or required by
applicable law, we may disclose information about you to third parties to: (i) enforce or apply this Privacy
Policy or the Service Terms; (ii) comply with laws, subpoenas, warrants, court orders, legal processes or
requests of government or law enforcement officials; (iii) protect our rights, reputation, safety or
or that of our users or others; (iv) protect against legal liability, including to obtain parental consent
visitors under 18 years of age, where necessary; (v) establish or exercise our rights to defend against legal
claims; or (vi) investigate, prevent or take action regarding known or suspected illegal activities; fraud;
rights, reputation, safety or property, or those of our users or others; violation of the Service Terms; or
otherwise required by law.
We may share certain service-type information, including information obtained through tools such as cookies,
log files, device identifiers, location data and clear GIFs (such as de-identified usage data, referring/exit
pages and URLs, platform types, number of clicks) with our third-party business associates for the purposes
described in the section titled “How We Collect and Use Information.” We may also share your
information with third parties provided it has been aggregated or otherwise de-identified in a manner that
not allow such information to be separated from the aggregate information and identified as originating from
HOW WE PROTECT YOUR INFORMATION
take technological and organizational measures to protect the information you provide through the Service against
loss, theft, and unauthorized access, use, disclosure or modification. However, we cannot ensure or warrant the
security of any information you transmit to us or guarantee that information on the Service will not be accessed,
disclosed, altered or destroyed. Communications sent to or from the Service may not be secure. You should use
caution whenever submitting information online and take special care in deciding what information you send to us
note, however, that when you post a message in a Rollick blog, forum, chat room, review, or customer feedback
section, the information you post may be accessible to other users of the Service and the public. If you post
personal information anywhere on the Service that is accessible to other users or the public, you are advised
such personal information can be read, collected, used, or disseminated by others and could be used to send you
unsolicited information or otherwise. Accordingly, you assume full responsibility for posting such data and agree
that Rollick is not responsible in any way for such publicly posted information.
complies with applicable data protection laws, including applicable security breach notification requirements.
YOUR CHOICES ABOUT YOUR INFORMATION
and Managing Your Personal Information. To the extent provided by the law of your jurisdiction, you may (i)
have the right to access certain personal information we maintain about you, (ii) request certain information
regarding our disclosure of personal information to third parties for their direct marketing purposes, (iii)
request that we update or correct inaccuracies in such information, (iv) object to our use of your personal
information, (v) ask us to block or delete your personal information from our database, and (vi) request to
download the personal information you have shared on the Service. You may make these requests and any other
protection of other customers’ rights and applicable law. Additionally, to help protect your privacy
maintain security, we may take steps to verify your identity before granting you access to the information.
the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your
personal information that we maintain.
You can limit your browser or mobile device from providing certain information by adjusting the settings in
browser, operating system or device. Please consult the documentation for the applicable browser, operating
system or device for the controls available to you. You can also stop receiving promotional emails from us by
following the unsubscribe instructions in those emails. Note that unsubscribe is not available for certain
emails concerning your relationship or dealings with us.
You can learn more about targeted ads and your choices to prevent third parties from delivering targeted ads
your browser or device by visiting http://optout.networkadvertising.org/
and http://optout.aboutads.info/. You should be
aware that even if you opt out of targeted ads, you may still see ads within the Service, although the ads
not be tailored to your interests.
At this time, we do not recognize “do not track” signals sent from web browsers. Third-party
services that we use may collect personal information about individual users and their activities over time
across different websites. In some cases, you may be able to disable tracking mechanisms, but doing so may
disable certain features of the Service. To disable tracking, please consult the documentation for your
browser, operating system or mobile device. For some devices, it may not be possible to disable tracking
HOW LONG WE KEEP YOUR INFORMATION
commercially reasonable time thereafter for backup, archival, fraud prevention or detection, or audit purposes,
as otherwise required by law.
Service is not directed to children and is intended for use by adults only. We do not knowingly collect personal
information from individuals under 13 years of age. If you are under the age of 13, please do not submit any
personal information through the Service.
THIRD-PARTY SERVICES AND SERVICES
Service may reference or provide links to other websites or resources. If you access any website or resources
are subject to the privacy policies of the third parties that operate them. Please review those policies
to understand how those parties will treat your information.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is
primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if
any, of personal information to third parties for the third parties’ direct marketing purposes. You may
such a request up to once per calendar year. If applicable, we will provide to you via email a list of the
categories of personal information disclosed to third parties for their direct marketing purposes during the
immediately-preceding calendar year, along with the third parties' names and addresses. Please note that not all
personal information sharing is covered by Section 1798.83's requirements. You may also have rights under
California law to request that your personal information not be sold. To make any requests outlined in this
paragraph, please send an email to email@example.com with "Request for California Privacy Information" in the
may update this policy from time to time, and the updated version of this policy will be effective upon posting.
Please check this page to review the most up-to-date version of this policy. By continuing to use the Service
an updated version has been posted, you agree that the new policy will apply to you.
We have received your message and someone from our Customer Service team will contact you as soon as possible.
All Vehicle Deductible Reimbursement Benefit (AVDR) TERMS AND CONDITIONS
Insurance Policy refers to a policy of insurance issued to the Member for which the Member is a Policy Named Insured covering a Covered Vehicle owned or leased by the Member against all risks of directphysical damage. The Insurance Policy must be valid and active.
Insurance Policy Named Insured refers to any person, specifically designated by name as an insured(s), oras a covered or additional driver on the declarations page of the Insurance Policy for the Covered Vehicle.
Specific Vehicle Identification Number (VIN) refers to the VIN of the Covered Vehicle for which the Member was provided the All Vehicle Deductible Reimbursement Benefit.
Covered Vehicle refers to the Specific VIN non-commercial, four (4) or six (6) [i.e. dually] wheel auto, AllTerrain Vehicle (ATV), Golf Cart, Motorcycle, Snowmobile, Boat, Personal Water Craft (PWC) or RecreationalVehicle (RV) of the Member which is recognized and covered by an Insurance Policy issued to the Member for which the Member is the Insurance Policy Named Insured, and the Covered Vehicle is owned or leased by the Member evidenced by the title of the Covered Vehicle, registration of the Covered Vehicle, or the Member is designated as a borrower on a loan for the Covered Vehicle.
Recreational Vehicle (RV) means a motorhome or a towable RV including fifth wheel travel trailers,camper vans, truck camper trailers, pop-ups campers and horse trailers that include living quarters and are designed for temporary accommodation.
Loss refers to an accidental physical loss or damage to the Member's Covered Vehicle for which theInsurance Company has approved and paid a collision or comprehensive claim which exceeds the Insurance Policy deductible for the Covered Vehicle.
Member refers to the individual who is added as a participant under the program provider’sAll VehicleDeductible Reimbursement blanket policy.
Member Effective Date refers to the date the Member is added as a participant under the programprovider’s All Vehicle Deductible Reimbursement blanket policy.
Theft refers to the taking or removing of property with intent to deprive the rightful owner. It includesrobbery, burglary and larceny.
We, Us and Our refer to the insurer underwriting the Auto Deductible Reimbursement benefit.
Administrator refers to cynoSure Financial, Inc., P.O. Box 7690, St. Clair Shores, MI 48080.
All Vehicle Deductible Reimbursement Benefit
We will reimburse the Member for a Loss to the Member’s Covered Vehicle equalto the deductible limitshown on the Member’s InsurancePolicy up to a maximum of [$500]. Coverage is effective upon date of the Member’s enrollment and will continue for (1) one year.
The All Vehicle Deductible Reimbursement benefit does not apply if:
the Member does not have an in force Insurance Policy on the Member’s CoveredVehicle at the time of a Loss;
the claim under the Member’s Insurance Policy is not covered or has been denied by the Member’s Insurance Company;
the Loss does not exceed the in force Insurance Policy deductible;
the Member’s Insurance Company has waived the Insurance Policy deductible under the InsurancePolicy;
the Loss is for any other vehicle that does not fall under the definition of a Covered Vehicle;
the vehicle is used for commercial purposes or hire, or the vehicle is a commercial vehicle as defined by the manufacturer; or;
the Loss is other than a Total Loss and the Member does not repair the Covered Vehicle
Only one (1) All Vehicle Deductible Reimbursement benefit will be paid per Covered Vehicle per Loss and only two benefits will be paid per Member per twelve (12) month period.
1. The highest All Vehicle Deductible Reimbursement benefit paid for any Loss is five hundred dollars $500.
The All Vehicle Deductible Reimbursement benefit will not apply to a Loss caused by or resulting from any of the following:
Delay, loss of market, loss of use, or any other causes of consequential loss, including (but not limited to) Losses arising from loss of time, inconvenience, lost profits or savings or other incidental, special, or consequential damages arising out of the use of or inability to use the Member’s CoveredVehicle.
Intentional or dishonest acts by: the Member or anyone else with an interest in Member’s CoveredVehicle; the Member’s employees or authorized representatives; whether or not acting alone or incollusion with other persons and whether or not occurring during the hours of employment.
Warlike action by military force including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other authority using military personnel or other agents; or