97 Rock House, LLC

Terms of Service

Last updated: October 9, 2018

The following Terms of Service (the “Terms”) are entered into by and between you (“you” or “your”) and 97 Rock House, LLC, a Washington limited liability company (“Rock House,” “we,” “our,” or “us”). These Terms govern your access to and use of the Rock House website (www.97rockhouse.com), services and products (collectively, the “Service”). Please read these Terms carefully.

General

By using, registering, accessing or purchasing the Service, you: (a) acknowledge that you have read and understand these Terms; (b) represent that you have the capacity to enter into a binding agreement; and (c) accept these Terms and agree that you are legally bound by them.  If you do not, or cannot, agree to these Terms, do not use the Service. 

Accounts

When you create an account with us, you confirm that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. If you create an account on behalf of an entity, you represent that you have the legal authority to bind that entity to these Terms. The Service is not currently being offered to residents of the European Union. You represent and warrant that you are not a resident of the European Union.

You are responsible for maintaining the confidentiality of your account and password including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We may suspend your account, without notice, if we suspect any third-party fraudulent behavior.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase;  (ii) the information you supply to us is true, correct and complete; (iii) the products ordered will be used in a lawful manner; and (iv) you will pay all charges that will be incurred on you or on your behalf in connection with the Service and any Purchase including, without limitation, all shipping and handling charges and applicable taxes.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

All product descriptions, images, features, content, specifications, and prices made available through the Service are subject to change at any time without notice. Except as otherwise set forth in these Terms, the risk of loss for and title to products purchased in connection with the Service passes to you upon delivery to the carrier.

We reserve the right to: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, discount, or promotion; (iii) block any user from making or completing a Purchase; (iv) refuse to provide a user with a product or service; (v) refuse or cancel an order at any time for any reason including without limitation, due to the availability of a product or service, errors in the description or price of the product or service, error in an order, or if fraud or an unauthorized or illegal transaction is suspected; (vi) prohibit Purchases of any merchandise to resellers; and (vii) to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. 

Returns

If you are not fully satisfied with your Purchase, you may return the product within fifteen (15) days of the purchase date minus costs for shipping and handling.

Data

For purposes of these Terms, “Data” means all data, information, text or other content that you upload to the Service. We do not claim ownership of your data. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for your Data that is uploaded or stored on or through the Service and that the collection, use and retention of your Data will not violate any law or rights of others. To the extent necessary to provide the Service to you, protect you and the Service, and to improve the Rock House services and products, you grant to Rock House, its affiliates and sublicensees a worldwide and royalty-free intellectual property license to see, use, host, reproduce, modify, distribute, publish publicly, digitally perform, display, translate, adapt, and otherwise exploit your Data on the Service, in any form, format, media, or channels now known or later developed.

Reservation of Rights / Feedback

Except as expressly provided under these Terms, Rock House does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Rock House or any related entity, including, but not limited to, any name, trade dress, logo or equivalents.

The Service and its original content, features and functionality are and will remain the exclusive property of Rock House and its licensors. The Service is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms hereby permit you to use Service for your personal use only.

If you give to Rock House any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (collectively, "Feedback"), you give to Rock House, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license, and Feedback will not create any confidentiality obligation.

Trademarks

Our company name, any logos, and all related names, logos, product and service names, designs, and slogans used with the Service are trademarks of Rock House or our affiliates or licensors.  Other product and company names and logos appearing on the Service may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of our or third-party trademarks, service marks or trade names is strictly prohibited, and nothing in the Service will be construed as granting, by implication or otherwise, any license or right to use any of those trademarks, service marks or trade names.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service, and as a result, you may experience delays. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service. We cannot guarantee the accuracy or completeness of any information found on the Service.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prohibited Uses

When using the Service you will not: (i) do anything illegal or engage in activity that is fraudulent, false or misleading; (ii) circumvent any restrictions on access to or availability of the Service; (iii) engage in activity that is harmful to you, the Service, or others; (iv) infringe upon the rights of others or engage in activity that violates the privacy of others; (v) use the Service (or any component thereof) to design or build a competitive service or to otherwise copy the design, functionality or user interfaces within the Service; (vi) directly or indirectly offer or provide the Services as a service to third parties; (vii) disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any aspect of the Service that is included in or accessible through the Service, except and only to the extent that the applicable copyright law expressly permits doing so; or (viii) remove obscure, or alter any notice of any trademarks, service marks, service or trade names, logos, and other proprietary designations of Rock House or its affiliates.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Rock House.

Rock House has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or individuals or their websites.

You acknowledge and agree that Rock House shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Any additional terms do not modify these Terms.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. You may discontinue your use of the Service at any time. 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Updates

We may change these Terms at any time by posting the amended Terms to this page. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. Please check the Terms periodically for these changes.

Privacy

All of the information Rock House collects is subject to our Privacy Policy. Please read the Privacy Policy as it describes the Data we collect from you and your devices, how we use your Data, and the legal bases we have to process your Data. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to our collection, use and disclosure of your Data as described in the Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless us and our licensees and licensors, and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Disclaimer

ROCK HOUSE, ITS SUBSIDIARIES, AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, AND ANY STATUTORY REMEDY. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE, ITS CONTENT, AND ITEMS PURCHASED OR OBTAINED THROUGH THE SERVICE ARE PROVIDED AT YOUR OWN RISK. ROCK HOUSE DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. ROCK HOUSE, ITS SUBSIDIARIES, AFFILIATES AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Limitation Of Liability

IN NO EVENT SHALL ROCK HOUSE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES FOR ANY BASIS (INCLUDING BREACH OF THESE TERMS). IN NO EVENT WILL ROCK HOUSE’S TOTAL CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ROCK HOUSE FOR THE SERVICES AND PRODUCTS PURCHASED BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law and Venue

These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions. You irremovably consent to the jurisdiction of the state and federal courts sitting in Seattle, Washington, for any and all claims related to or arising out of these Terms, the Service, or the Products, including the interpterion thereof, which such claim must be brought within one (1) year of the acts or omissions giving rise to such claim.

Miscellaneous

We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had between you and us regarding the Service.

Contact Us

If you have any questions about these Terms, please contact us at guestservices@97rockhouse.com