Terms of service

Rokform Terms of Use Agreement (website)

 

Last Updated: July 6, 2022

Thank you for using the website and associated content (hereinafter “Website”), which is owned, operated, or licensed by Rokform, LLC, a Delaware limited liability company (“Rokform”). Rokform provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Use Agreement (hereinafter “Agreement”).

YOU HAVE A DUTY TO READ THIS TERMS OF SERVICE AGREEMENT.

By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Rokform reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Rokform replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.

 THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED WITHIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, ITS ARBITRATION PROVISION, OR ITS CLASS ACTION WAIVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE.

 

  1. User Warranties

 By using the Website, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.

 

  1. Limited License

 You acknowledge and agree that the Website is the property of or is licensed by Rokform and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Rokform reserves all of rights not expressly granted through this Agreement.

 Rokform provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

 

  1. Acceptable Use Policy

 When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Rokform for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

 

  • Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Rokform through a separate, written agreement;
  • Accessing or attempting to access the Website through automated means;
  • Circumventing the technological protection measures of the Website;
  • Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  • Disrupting or otherwise interfering with the Website or its associated servers or networks;
  • Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
  • Diverting or attempting to divert customers of the Website to another website or service;
  • Sending unsolicited or unauthorized communications to users of the Website or third parties;
  • Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
  • Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

 Rokform reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Rokform also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

 

  1. Intellectual Property Rights

 The Website and its associated trademarks and content are owned and used by Rokform IP, LLC, including, but not limited to, the ROKFORM® trademarks (USPTO Reg. Nos. 4,444,144, 4,039,711, and 5,880,644). Any use of the Website, its associated trademarks, or its content without the prior written approval of Rokform is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of Rokform, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.

 

  1. User Account

 Rokform may provide you with the ability to register a user account (“User Account”), which may provide access to additional areas of the Website. Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Rokform immediately. Rokform reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning. By creating a User Account, Rokform may contact you by any available means, including, but not limited to, by email.

 

  1. ADA Website Accessibility Policy

 We are happy to accommodate users with special needs or requirements. Rokform is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and services. In designing the website, Rokform makes reasonable efforts to comply with the WCAG 2.1 Level AA web accessibility standards. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact Rokform at 855-765-3676. Rokform hereby incorporates its Accessibility Policy by reference as if fully restated herein.

 

  1. Third Party Links

 You acknowledge and agree that the Website may contain links to third party websites or content that Rokform does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Rokform will not be responsible for websites not under the ownership or control of Rokform.

 

  1. Ordering and Payment

 Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Rokform until Rokform accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and Rokform, and Rokform strives to quickly correct any pricing errors on the Website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Rokform is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Rokform’s payment processor. You agree that you will not initiate any chargebacks to Rokform unless otherwise authorized by Rokform in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Rokform.

 

  1. Shipping and Returns

 Rokform provides shipping via FEDEX and USPS. All prices are FOB from Irvine, California. All shipments and returns are subject to Rokform’s Shipping Policies, which are located at https://www.rokform.com/pages/shipping-information and may be changed at any time and from time to time in Rokform’s sole and absolute discretion.

 

  1. Taxes

 You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website. Rokform will report as income all payments received from you to Rokform to all proper taxing authorities.

 

  1. Proposition 65 Notice

 

  1. California Proposition 65 Warning to California Residents. Rokform provides this Proposition 65 warning to comply with California’s Proposition 65 labeling law. Proposition 65 requires Rokform to provide California consumers with notice when products that it sells exceed the “no significant risk” level or where Rokform has knowledge that a listed chemical is contained within its products. Due to the number of products that Rokform sells, and in an abundance of caution, Rokform has chosen to provide this Proposition 65 warning. Products sold through the Website may be below the “no significant risk” level or may not contain a chemical listed by the State of California at all. However, Rokform has still chosen to notify consumers to ensure its compliance with California law. Therefore, Rokform provides the following notice:

 

  1. WARNING: Products sold through the Website may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information on Proposition 65, please visit: https://www.p65warnings.ca.gov/. 

 

  1. Term and Termination

 The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Rokform terminates your access to the Website or User Account; or (ii) you cease using the Website and terminate your User Account. Rokform reserves the right to terminate the Website or your access to the Website or User Account in its sole and absolute discretion and without prior notice.

 

  1. Disclaimer of Warranties and Limitation of Liability

 YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT ROKFORM WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT ROKFORM’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

 ROKFORM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND, EXCEPT WHERE OTHERWISE STATED, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

 ROKFORM WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

 

  1. Indemnification

 You agree to indemnify, defend, and hold harmless Rokform, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Rokform will not provide you with the ability to control Rokform’s defense, and Rokform reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

 

  1. Choice of Law and Stipulation to Jurisdiction

 You and Rokform agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase of goods through the Website, will be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and Rokform agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Irvine, California or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

 

This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

 ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND ROKFORM EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

 

Any claims must be brought within one year of each applicable purchase or will otherwise be barred.

 

  1. Force Majeure

 Rokform will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Rokform's control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.

 

  1. Survivability

 The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Rokform.

 

  1. Severability

 In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.

 

  1. Interpretation

 This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

 

  1. Assignment

 You are expressly prohibited from assigning your rights and duties under this Agreement. Rokform reserves the right to assign its rights and duties under this Agreement, including in a sale of Rokform or its Website.

 

  1. Waiver, Privacy Policy, and Integration

 No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. Rokform incorporates by reference its Privacy Policy as if fully stated herein.