Terms of service

Last Updated: October 9, 2026

Ownership of Site; Agreement to Terms of Service

Thank you for using the www.rokform.com website and associated content (the “Site”) that is owned and operated by Rokform LLC, a California limited liability company (“Rokform”, “we”, “us” or “our”). The Site is the property of Rokform. BY USING THE SITE, INCLUDING BUT NOT LIMITED TO MAKING A PURCHASE VIA THE SITE OR CREATING AN ACCOUNT ON THE SITE, YOU AGREE TO THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “TERMS”); IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Rokform reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. In the event Rokform makes such changes, the Last Updated date, located at the top of these Terms of Service, will be updated to the date of the Term’s most recent version. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Rokform grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Rokform. If you do not meet all of these requirements, or if you do not agree with the Terms of Service, you must not access or use the Site.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WHEREBY YOU AND ROKFORM AGREE THAT EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN SUCH ARBITRATION CLAUSE, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND ROKFORM WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE. PLEASE READ THE ENTIRE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT WISH TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY CEASE ACCESSING AND USING THE WEBSITE.

User Warranties

By using the Website, you warrant that you are at least age eighteen (18) years old 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 these Terms of Service. 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 these Terms of Service on behalf of that third party or business entity.

Rokform Mobile Messaging Program

Rokform has a mobile messaging program. Your participation in the program will result in you receiving recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from Rokform, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when creating an account on the Site or any other number that you designate. THE TERMS OF SERVICE FOR SUCH MOBILE MESSAGING PROGRAM IS LOCATED AT https://terms.pscr.pt/legal/shop/rokformecommerce/terms_of_service (“MESSAGING PROGRAM TERMS OF SERVICE”). THE MOBILE MESSAGING PROGRAM TERMS OF SERVICE INCLUDES METHODS FOR YOU TO CONSENT TO PARTICIPATE IN THE PROGRAM AND FOR OPTING OUT OF THE PROGRAM IF YOU DO NOT WISH TO PARTICIPATE OR CONTINUE PARTICIPATING IN THE PROGRAM. YOU AGREE TO THE MOBILE MESSAGING PROGRAM TERMS OF SERVICE BY PARTICIPATING IN THE PROGRAM; IF YOU DO NOT AGREE, DO NOT PARTICIPATE IN THE PROGRAM. The privacy policy for the mobile messaging program is located at https://terms.pscr.pt/legal/shop/rokformecommerce/privacy_policy.

Accounts

Rokform may provide you with the ability to register a user account (“User Account”), which may provide access to additional areas of the Website. To register a User Account, you may be asked to provide certain registration details or other information. It is your responsibility to ensure that all the information you provide on the Site is correct, current, and complete. Your User Account is protected by a username and password, you must treat such information as confidential, and you must not disclose it to any other person or entity. You recognize that your account is personal to you, 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. You also acknowledge and agree not to use your username, password, or other security information to provide any other person with access to this Site or portions of it. In the event your User Account is accessed without your authorization, you agree to notify Rokform immediately. You may be held liable for losses incurred by Rokform or any other user of or visitor to the Site due to someone else using your username, password or User Account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or User Account. Rokform cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You may not create more than one User Account for yourself, create another User Account if we have already disabled your User Account, attempt to access the Site through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your User Account, username or password.

Rokform reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, for any reason or no reason, and without prior warning, including if, in our opinion, you have violated any provision of these Terms of Service. By creating a User Account, Rokform may contact you by any available means, including, but not limited to, by email.

Limited License

Rokform provides you with a 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.

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. These Terms of Service permit you to use the Site for your personal, non-commercial use only. Rokform reserves all rights not expressly granted through this Agreement.

Intellectual Property

The Site and its associated trademarks and entire contents, features, and functionality (including but not limited to the ROKFORM® trademarks (USPTO Reg. Nos. 4,444,144, 4,039,711, and 5,880,644), all information, software, text, displays, images, video, and audio, and the design, selection, layout and arrangement thereof) are solely and exclusively owned by Rokform, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any unauthorized copying, public display, public performance, distribution, or derivation of the Website, whether in whole or in part, is expressly prohibited. Any use of the Website, its associated trademarks, or its content without the prior written approval of Rokform is prohibited.

Rokform’s name, the term ROKFORM, Rokform’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Rokform or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners and may not be used without their permission.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (d) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (a) modify copies of any materials from this Site; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; or (d) access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Rokform and its licensors. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Rokform reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice.

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 these Terms of Service and any applicable law, regulation, statute, or ordinance. Your use of the Site must be for lawful purposes and in accordance with these Terms of Service. Additionally, you agree you are responsible for any breach of your obligations under the terms of these Terms of Service 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;
using the Site in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site;
violate any applicable law or regulation in connection with your access to or use of the Site;
Reverse engineering, decompiling, translating, or disassembling the Website or its content;
Encouraging or assisting any other party to do anything in violation of these Terms of Service; and
access or use the Site in any way not expressly permitted by these Terms of Service.

Rokform reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

Additionally, you agree not to use the Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (e) to impersonate or attempt to impersonate Rokform, its employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Rokform or users of the Site or expose them to liability; (g) in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (h) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (i) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (j) use any device, software, or routine that interferes with the proper working of the Site; or (k) otherwise attempt to interfere with the proper working of the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Rokform, including any Rokform User Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Rokform’s systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Rokform on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site to solicit the performance of any illegal activity or other activity which infringes the rights of Rokform or others.

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’s Accessibility policy can be found at Accessibility Policy and hereby incorporates its Accessibility Policy by reference as if fully restated herein.

PRIVACY

Rokform’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Service by this reference. Rokform’s Privacy Policy can be viewed here Privacy Policy - Rokform. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS TO THIRD PARTY SITES

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Rokform’s control, and Rokform is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. You are advised to review the terms and conditions of any Linked Sites.

LINKING TO SITE

You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site you do so at your own risk and the exclusions and limitations set forth in these Terms of Service will apply to your use of this Site by linking to it.

PURCHASES, ORDERING AND PAYMENT

All purchases through our Site or other transactions for the sale of goods or services formed through the Site or resulting from visits made by you are governed by these Terms of Service. Products purchased through the Site and shipped to an address in the United States are also governed by our Limited Warranty Policy located at Read About the Rokform Warranty Policy, our Returns Policy located at Return Policy and our Shipping Policy located at Shipping Information which are each hereby incorporated by reference. All such policies may be changed by Rokform at any time and from time to time, in its sole discretion.

We have made every effort to represent the attributes of the products we sell on the Site in a realistic way and display the product as it would appear in reality. However, variations in individual product designs may affect the accuracy of how the product is portrayed. We do not warrant that products will be accurately displayed or that product descriptions or any other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered elsewhere. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our range may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

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. Rokform will report as income all payments received from you to Rokform to all proper taxing authorities. 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.

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.

PROPOSITION 65 NOTICE

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:

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/.

TERM AND TERMINATION

The term of the agreement between you and Rokform in these Terms of Service 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; (ii) prolonged inactivity of the Website or your User Account; or (iii) 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 for any reason or no reason and without prior notice.

VIOLATION OF THESE TERMS OF SERVICE

Rokform may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Rokform’s rights or property, or the rights or property of visitors to or users of the Site, including Rokform’s customers. Rokform reserves the right at all times to disclose any information that Rokform deems necessary to comply with any applicable law, regulation, legal process or governmental request. Rokform also may disclose your information when Rokform determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Rokform may preserve any transmittal or communication by you with Rokform through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Rokform determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Service, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of Rokform, its employees, users of or visitors to the Site, and the public.

You agree that Rokform may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Rokform, for which monetary damages would be inadequate, and you consent to Rokform obtaining any injunctive or equitable relief that Rokform deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Rokform may have at law or in equity.

You agree that Rokform may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated User Account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Rokform does take any legal action against you as a result of your violation of these Terms of Service, Rokform will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Rokform. You agree that Rokform will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ROKFORM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” 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. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ROKFORM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ROKFORM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ROKFORM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. 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, LOST PROFITS, 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.

EXCEPT WHERE OTHERWISE STATED, ROKFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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” AND “AS AVAILABLE” 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 PURPOSE, 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, LOST PROFITS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Rokform reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

YOU AGREE THAT ANY CLAIM AGAINST ROKFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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 (a) your use of the Website, (b) your purchase of products through the Website; (c) your use or misuse of products obtained through the Website; (d) your violation of any term or condition of this Agreement; (e) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; (f) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international; and (g) your negligence or willful misconduct. 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.

CHOICE OF LAW AND JURISDICTION; WAIVER OF CLASS ACTIONS; TIME LIMIT ON BRINGING A CLAIM

You and Rokform agree that any dispute arising out of or related to these Terms of Service 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 these Terms of Service will not be governed by the United Nations Convention on the International Sale of Goods. To the extent that these Terms of Service allow you or Rokform to initiate litigation in a court, both you and Rokform agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms of Service or the use of the Site will be litigated exclusively in the state and federal courts located in Orange County, California. You and Rokform consent to the personal jurisdiction of those courts.

WAIVER OF CLASS ACTIONS: 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 OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS OF SERVICE. NO CLASS OR REPRESENTATIVE ACTIONS ARE ALLOWED UNDER THESE TERMS OF SERVICE.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS OF SERVICE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms of Service, disputes regarding the interpretation, applicability, or enforceability of this class or consolidated actions waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth above.

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

DISPUTE RESOLUTION BY INFORMAL RESOLUTION AND BINDING ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND ROKFORM AGREE, WITH SOME LIMITED EXCEPTIONS, TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ARBITRATIONS ARE ALLOWED UNDER THESE TERMS OF SERVICE.

Informal Dispute Resolution Prior to Arbitration

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 these Terms of Service or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning your purchase of goods through the Website or the existence, breach, interpretation, application, or termination of these Terms of Service (“Claims”), you and Rokform will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Rokform will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.

You will send any Claimant Notice by certified mail addressed to Rokform, LLC, Attention: Customer Team, 16180 Scientific, Irvine, California 92618. Rokform will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Rokform. The Claimant Notice sent by either party must (1) include the sender’s name, address, email address, and telephone number; (2) state the facts and circumstances that describe the nature and basis of the Claim; (3) set forth the specific relief sought and the facts supporting such relief; and (4) include your handwritten signature or the handwritten signature of a Rokform employee, as applicable, depending on which party is initiating the Claim. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other customer or user of the Site.

During the Informal Resolution Period and before Rokform or you may commence arbitration of a dispute, you and Rokform agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.

The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (“Notice of Conference”) as follows: the Notice of Conference must include the following information: Your name, telephone number, mailing address, e‐mail address associated with your account (if you have one), the name, telephone number, mailing address, and e‐mail address of your counsel (if any), and whether you intend to have the conference by telephone or by videoconference. The Notice of Conference must be mailed to Rokform by certified mail return receipt requested to Rokform LLC, Attention: Customer Team, 16180 Scientific, Irvine, California 92618.

A Notice of Conference shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Notice of Conference by any other customer or user of the Site. A customer or user of the Site may, but is not required to, combine in one mailing a Claimant Notice and a Notice of Conference.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Rokform cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Rokform file a Claim in court or proceed to arbitration without complying with the requirements in this Section for Informal Resolution, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section for Informal Resolution to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

Binding Arbitration

The sending of a Claimant Notice and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence individual arbitration pursuant to the procedures in these Terms of Service. No arbitration may commence or proceed until the requirements set forth in the Informal Resolution Section above are fully satisfied.

If the parties cannot resolve the matter under the Informal Resolution procedures above, the Claim will be resolved by final and binding individual arbitration pursuant to the Federal Arbitration Act (“FAA”) and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association, as modified by these Terms of Service, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the FAA. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.

The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

Arbitration Procedure and Location: You or Rokform may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the AAA Rules. Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling the AAA at 1-800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Rokform LLC, Attention: Customer Team, 16180 Scientific, Irvine, California 92618. Rokform will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Rokform.

The arbitration will be conducted by a single arbitrator in the English language. You and Rokform both agree that the arbitrator will be bound by this Agreement. 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.

Unless the parties agree in writing, any arbitration hearings involving personal appearance will take place in Orange County, California (or Los Angeles, California if AAA does not have a dispute resolution center in Orange County).

At either party’s election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel.

Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (a) whether the conditions precedent set forth in the Informal Resolution Section above have been satisfied; (b) whether AAA’s filing requirements have been satisfied; (c) the applicable arbitration agreement; (d) the applicable AAA rules that apply; (e) the allocation of payment advances on administrative fees, arbitrator compensation, and/or expenses; (f) any other issue agreed to be addressed by the process arbitrator; and (g) any other issue regarding the administration of the arbitration.

Authority of the Arbitrator: The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Rokform. The dispute will not be consolidated with any other matters or joined with any other cases or parties. As limited by the FAA, these Terms of Service and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Rokform to satisfy one of our individual Claims. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and these Terms of Service. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Rokform.

Arbitration Fees: Pursuant to the AAA Rules, other than the filing fee to be paid by you, Rokform will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the terms of these Terms of Service.

If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, Rokform will reimburse any AAA filing, administration and arbitrator fees that were paid by you.

If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorney’s fees and costs.

Confidentiality: If you or Rokform submits a Claim to arbitration, you and Rokform agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and Rokform agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

WAIVER OF JURY TRIAL AND CLASS ACTION. WE AGREE THAT, BY ENTERING INTO THIS ARBITRATION AGREEMENT UNDER THESE TERMS OF SERVICE, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AND ROKFORM WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Rokform are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Rokform over whether to vacate or enforce an arbitration award, YOU AND ROKFORM WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision of this arbitration agreement in these Terms of Service, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class and consolidated actions waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in the Choice of Law and Jurisdiction Section above.

Right to Waive: Any rights and limitations set forth in this arbitration agreement in these Terms of Service may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Rokform can force the other to arbitrate. To opt out, you must notify Rokform in writing no later than 30 days after first becoming subject to this arbitration agreement in these Terms of Service. Your notice must include your name and address, your User Account username and the email address you used to set up your User Account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement in these Terms of Service. You must either mail your opt-out notice to this address: Rokform LLC, Attn: Arbitration Opt-out, 16180 Scientific, Irvine, California 92618, or email the opt-out notice to info@rokform.com. If you fail to timely opt out, you will be subject to the binding arbitration agreement in this Section.

Small Claims Court: Notwithstanding the foregoing, either you or Rokform may bring an individual action in small claims court.

Arbitration Agreement Survival: This arbitration agreement in these Terms of Service will survive the termination of your relationship with Rokform.

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.

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.

SEVERABILITY

If any of the provisions, either in part or in full, of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and these Terms of Service will be adjusted, if possible, so as to give maximum effect to the original intent and economic effect of the parties with respect to the unenforceable provision and the remaining portions of these Terms of Service shall remain in full force and effect.

WAIVER; ENTIRE AGREEMENT; PRIVACY POLICY

No term or condition of these Terms of Service or breach thereof will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged. The waiver by either party of any default by the other party shall not waive subsequent defaults by such other party of the same or different kind. These Terms of Service is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. Rokform incorporates by reference its Privacy Policy located at Privacy Policy - Rokform as if fully stated herein.

INTERPRETATION

These Terms of Service will be deemed to have been drafted by both parties, and the terms and conditions of these Terms of Service will not be interpreted against its drafter.

ASSIGNMENT

These Terms of Service are personal to you and you are expressly prohibited from assigning your rights and duties under these Terms of Service to any other party or individual. These Terms do not create or confer any third-party beneficiary rights. Rokform reserves the right to assign its rights and duties under this Agreement without your consent, including in the event of a sale of Rokform or its Website or substantially all of its assets.

MODIFICATION

RELATIONSHIP OF THE PARTIES

Nothing in these Terms of Service will be construed to create a partnership, joint venture, agency, employment or any other relationship between you and Rokform.

CONTACT

If you wish to contact us by mail, you may contact us at Rokform LLC, Attn: Customer Team, 16180 Scientific, Irvine, California 92618. If you wish to contact us via email, you may contact us at info@rokform.com.