We collect information in the following ways:
We group the collection of user information into two categories: personal, which is information identifiable to a specific member, and aggregate, which is general demographic information that does not identify any individual member. Personal information may include your name, email address, mailing address, credit card information and phone number. You may choose not to provide personal information we may request of you. However, most of the personal information we request is of the type that is required in order to provide our products and services. We may also collect certain demographic information such as your site preferences, age, gender, geographical location, language, time zone, income and education (some of the information we ask for may be optional).
Any of the information we collect from you may be used in one of the following ways:
Your personal information will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested and to send periodic emails. Aggregate information may be provided to other parties for marketing, advertising, or other uses.
If you want to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or simply let us know by emailing us at email@example.com. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.
The security of your personal information is important to us. We implement a variety of security measures to maintain the safety of your personal information when you try or purchase products or enter, submit, or access your personal information.
When you provide sensitive information (such as a credit card number), we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information. If you have any questions about security on our Website, please contact us as indicated below.
To help prevent unauthorized access to your data, maintain data accuracy, and ensure the correct use of information, we have also established physical, electronic, and managerial procedures designed to safeguard and secure the information we collect online.
Yes. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
We may also use web beacons or flash cookies. A web beacon or flash cookie (also known as "action tags", "tracer tags", or "single-pixel gifs") is an invisible graphic on a web page that is programmed to collect non-personal aggregate information about your use of a given website to assist us in understanding the usage, viewing, and demographic patterns and activities on the Website. We do not share or provide personal information we may collect through such web beacons without your express permission.
We may also use "Web Storage" to store data about your use of our Sites. Web Storage is a feature in some browsers that permits websites to store data within your browser rather within a cookie. This should make this data more secure and make your browser perform better. We do not share or provide personal information we may store in Web Storage without your express permission.
We work with third-party advertising companies who may utilize flash or enhanced cookies or web beacons to better provide advertisements about goods and services that may be of interest to you. These partners do not have access to or use your name, address, e-mail address, telephone number or other personal information from us. They may, however, anonymously track your Internet usage across other websites in their networks beyond this Website.
We may use Facebook Custom Audiences, which is a Remarketing and Behavioral Targeting service provided by Facebook, Inc. that connects the activity of this Website with the Facebook advertising network. To learn more about Facebook Custom Audiences, and how to opt out, please visit www.facebook.com/ads/website_custom_audiences/.
Aside from what is described above, we do not provide personal information to our advertising technology providers without your consent. To learn more about our advertising technology providers, please email us at firstname.lastname@example.org. To learn more about online advertising generally and manage your online advertising preferences, please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/choices/.
Our Website is not designed to respond to "do not track" signals received from browsers.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. Third parties who assist us in operating our Website, conducting our business, or servicing you may have access to some of your personal information; such third parties are not authorized to use or disclose your personal information except for the purpose of providing the services we request of them. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.
Aggregate information may be provided to other parties for marketing, advertising, or other uses.
You may update or correct your online account information at any time by logging into your account and navigating to the "My Account" page or by contacting us. You can also contact us by phone if you wish to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). Children under 13 may view this Website, but they cannot try or make a purchase or provide any personal information. This Website is not designed for children and we do not wish to collect personal information from children under 13. If you register with us and we discover that you are under 13, we will delete your account. You must be 18 or over to try or purchase any products from this Website. If a child under the age of 13 has provided us with personally identifiable information online, we ask that a parent or guardian contact us.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at the address listed below.
This policy was last modified on June 3rd, 2016.
THESE TERMS OF SERVICE, TRY AND PURCHASE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH ROCKSBOX ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH ROCKSBOX. PLEASE READ IT CAREFULLY.
These Terms of Service, Try and Purchase (“Terms”) are a legal agreement between you ("you" or "your") and Rocksbox, Inc. , a Delaware corporation, with its principal place of business at 360 Post Street, 11th Floor, San Francisco, CA 94108 ("Rocksbox" "We,", “we” "us," or "our"), establishing terms and conditions under which you will submit information to, and try or purchase designer jewelry (each a “Product” and collectively, "Products or Items") and receive related services (“Services”) from, Rocksbox via our website at https://www.Rocksbox.com (the "Website").
YOU AGREE TO RECEIVE ALL COMMUNICATIONS FROM ROCKSBOX UNDER THIS AGREEMENT ELECTRONICALLY VIA EMAIL, YOU AGREE TO KEEP YOUR CURRENT EMAIL ADDRESS UPDATED AT ALL TIMES AND AGREE THAT YOU WILL BE DEEMED TO HAVE RECEIVED ANY NOTICES WE SEND TO THAT EMAIL ADDRESS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE TRYING AND PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. WE MAY PROVIDE NOTICE OF ANY SUCH CHANGES BY EMAIL, NOTICE TO YOU UPON LOG-IN, OR BY PUBLISHING THEM ON THE WEBSITE. IF YOU DO NOT AGREE TO ANY CHANGES IN THE TERMS AS THEY MAY OCCUR, PLEASE ARRANGE TO TERMINATE YOUR SUBSCRIPTION BY NOTIFYING ROCKSBOX OF YOUR UNWILLINGNESS TO ACCEPT THE CHANGES TO THE TERMS BY EMAILING MEMBERS@ROCKSBOX.COM OR CALLING US AT 1-877- 478-0450 AND BY IMMEDIATELY RETURNING ALL OUTSTANDING PRODUCTS AND DISCONTINUING YOUR USE OF THE SERVICES AND THE WEBSITE.
The Services allow registered members to access the Website and, with an Account (as defined below), TRY or BUY Products from Rocksbox in accordance with these Terms. Members also agree to comply with any terms, conditions, or policies that Rocksbox may provide to users from time to time on the Website.
Rocksbox offers two subscription types: rebillable subscriptions (“Recurring Subscriptions”) and prepaid gift subscriptions (“Gift Subscriptions”).
Recurring Subscriptions: By purchasing a Recurring Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive terms, at the then-current subscription rate.
Gift Subscriptions: Current members may buy a Gift Subscription online and transfer it to a recipient. A Gift Subscription will not be automatically renewed after the then-current term expires. You can cancel a Gift Subscription, but the pre-paid fee is non-refundable. If you have a Gift Subscription membership of 3, 6, or 12 months, your membership ends 3, 6, or 12 months from the date the first Products are shipped. Members cannot place holds on Gift Subscriptions. Gift Subscription prices are subject to change and no price adjustments will be made on previously purchased Gift Subscriptions.
Gift Subscription recipients may be current members. Gift Subscription recipients may redeem their valid Gift Subscriptions using the Rocksbox Gift Code (“Gift Code"). The Gift Code does not expire and can be redeemed at any time. Once redeemed and activated, the Gift Subscription recipient is no longer eligible for any free or discounted trial period. Gift Codes may not be redeemed for cash, or combined with other promotional offers, free or discounted trial offers or incentives. Gift Codes are for personal use and should not be shared. Rocksbox is not responsible for unintended use of Gift Codes, lost or stolen Gift Codes, or the unauthorized redemption of Gift Codes, except as required by law.
A Recurring Subscription membership continues until terminated. Rocksbox or the member can terminate at any time at their discretion with no cancellation fee and no responsibility for recurring charges after cancellation; provided that all Products you do not wish to purchase must be returned prior to the next billing cycle or your membership will not terminate and you will continue to incur recurring charges. If you don't intend to purchase a Recurring Subscription membership when the Gift Subscription ends, you must return your Products within 7 days of the expiration of your Gift Subscription membership or we will (a) charge your account for the Products that have been sent to you, or (b) initiate legal action and/or using third party collection agencies to recover all Products sent to you and you will additionally be liable for any recovery fees and costs charged by the agency. Upon termination, your Account is not deleted and you can still sign in to the Website until such time as Rocksbox limits your access to or suspends your Account. You agree that any termination, limitation of access and/or suspension shall be made in Rocksbox’s sole discretion and that Rocksbox not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account. Without prejudice to our other rights under these Terms, if you breach these Terms we may take such action as we deem appropriate to deal with the breach.
Under our subscription programs, the member is sent Products to try from our on-line selection, and have them shipped to the member's address. All of this with no due dates or limits on the number of times a member can try. However, we do limit the number of Products you may try at any one time and all Products you do not wish to purchase must be returned at the same time in order to try additional Products, all as outlined on the Website. We reserve the right to require the return of any or all tried Products in your possession in the event you fail to make required payments on time. Delivery time for products you have selected to try may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Rocksbox makes no guarantees as to actual delivery time. We will send you an email letting you know when your Product is shipped. The trying period begins the time of delivery to the shipping carrier. The risk of loss for Products shipped passes to you upon delivery and from then on you bear the risk of loss and are responsible for the Products until returned to and received by Rocksbox; provided, however, that if you receive a damaged Product, please email us at members@Rocksbox.com immediately and return all your Products together as you normally would. All shipping carrier confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact Rocksbox immediately so we can investigate. Until the investigation is complete and we are able to determine the results of the lost Products, at our discretion, we may decide to temporarily suspend the trying period. The Products shipped to you include a return envelope for which postage has already been paid so you can more easily return your Products to us.
If there is slight damage or wear (e.g. lost earring back, a stone falls out, etc.) this is fully covered. If you have any damage or loss issues, please email us immediately at members@Rocksbox.com. If you return a Product with excessive or abusive damage exceeding normal wear and tear, as determined by Rocksbox in its sole discretion, you agree that Rocksbox may charge your credit card and collect the full member’s price for such Product. You are also responsible in the event of a theft or loss of a Product and in this event you will be responsible for the full member’s price (less any applicable available discount) immediately upon notification of the loss of the Product. Also Rocksbox reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the Products you have tried.
If you erroneously ship an item to us mistakenly believing it was a tried Product, we will endeavor to notify you of the item discovered, but we are not responsible or liable for items sent to us in error. If you realize you’ve sent us an item in error, please contact us at members@Rocksbox.com as soon as possible so we can attempt to locate it and return it to you.
Before you can begin use of the Services, you must register through the Website to obtain an account (“Account”). You must have a valid credit card and Internet access to use our Services. You must be 18 years of age or older to register as a member and use the Services and you must reside within the United States or its territories. Your membership will automatically renew for successive monthly membership periods, unless you cancel your membership or your membership is otherwise determined by Rocksbox to terminate under these Terms. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data (including, without limitation, you e-mail address and your shipping address) and style profile section of the Website to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may review, deny, suspend or terminate your Account and refuse to offer you any and all current or future use of the Services and the Website. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Website. When you revisit the Website, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.
When using this Website and an applicable third party social networking services (e.g., Facebook, Twitter, Instagram, Google +) (each and collectively, a “Social Network”), you may have the option to consent to connecting your profile or activity on our Website with your Social Network information and activity. If you choose to use our Social Network populating feature to create an account, we may import information for your account or profile on our Website from a Social Network. We only import from the information you allow to be imported from the Social Network access to which is controlled by your privacy settings on that Social Network (“Permitted Social Network Content”). The authentication of your Social Network login credentials is conducted solely by the Social Network. If you do use this feature we will initially create your profile by displaying your first name as the user name displayed to other users, gender, current city, interests, about me, photos, and age (which is calculated from your birthdate). With your permission, we may also combine that information with your public social media profile (which may include your friend list, birthday, work history, interests, current city, photos, personal description and likes). IN ORDER TO VERIFY THAT THE INFORMATION WE RECEIVE FROM A SOCIAL NETWORK IS TRUE, ACCURATE, AND COMPLETE, AS IT WILL CONSTITUTE THE REGISTRATION DATA, WE MAY CONTACT YOU PRIOR TO REGISTERING YOUR ACCOUNT.
When you open an Account, you will be required to provide Rocksbox with accurate, complete and current credit card information for a valid credit card that you are authorized to use. Rocksbox currently only accepts Visa, MasterCard, American Express, Diners Club and Discover Card. We do not accept pre-paid or pre-loaded cards or personal check or travelers checks of any kind. By signing up for the Services, you authorize Rocksbox or its agent to bill your credit card for the applicable subscription fee, any Product purchases, any Gift Subscriptions, shipping charges (if any), any and all applicable taxes, and any other charges you may incur in connection with your use of the Services. Other fees will be charged to your credit card as you incur them. You agree not to charge back any fees or charges and any charge backs will result in you paying associated charge back fees. For a monthly Recurring Subscription, the renewal date is the day you're billed each month. For example, if we first billed you on February 4, your renewal date is the 4th of each month. We will bill you for another month of service every 4th day of the month.
If Rocksbox does not receive payment from your credit card provider, if your credit card expires or is rejected, or if there is a charge back for any reason, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize Rocksbox to charge outstanding fees and other amounts due us against any credit card you have on file with us. Rocksbox reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. If your account is forwarded to a collection’s agency, you will additionally be liable for any recovery fees and costs charged by the agency. Rocksbox reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, charge backs, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 60 days after they first appear on your Account statement. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
We reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to each Product being tried or purchased. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the Service.
Typically an initial authorization for $25.01 is processed; this is to verify the validity of the card. There will then be a second authorization for the actual amount of the monthly subscription fee or purchase price. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees/charges will be charged.
Free or discounted trial periods are offered at the discretion of Rocksbox, and are subject to discontinuation at any time. If you or another member of your household has had an active Account within the last 12 months you are not eligible for a free or discounted trial. We consider your household not eligible if your credit card account, physical address or email address have been associated with another active Account in the 12 months prior to the day of Account creation. Creating duplicate Accounts under another name, email, or address in order to obtain more than one free or discounted trial is fraud, in violation of both our Terms and Federal laws regarding mail fraud, and the creator and/or user of such accounts shall be held liable. New Accounts that are eligible for a free trial will be authorized on the first day of Services for the full billing cycle payment. In some cases your credit card available balance or credit limit will be reduced to reflect the authorization; however, no charges will be made against your credit card unless you do not cancel before the end of your free trial period. At the end of your free or discounted trial period Rocksbox will automatically bill your credit card for the next billing cycle of Services. We will not notify you when your trial period has ended. You can view the date your free or discounted trial ends in the Account section on our Website. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE OR DISCOUNTED TRIAL, THERE WILL BE NO FURTHER CHARGES TO YOUR CREDIT CARD IF ALL PRODUCTS YOU DO NOT WISH TO PURCHASE ARE RETURNED WITHIN 7 DAYS OF THE EXPIRATION OF YOUR FREE OR DISCOUNTED TRIAL PERIOD.
To purchase any of the Products sent to you, just keep the Product or Products you want to buy when you return the rest of your tried Products. Prices for each Product are listed on the packing list included in your set. You hereby authorize Rocksbox to charge your credit card for the Products you've kept, plus any applicable sales taxes, when we receive the returned Products. You can also click "buy now" on your feedback page under your Account, thereby authorizing Rocksbox to immediately charge your credit card for the Products purchased.
If through normal wear the purchased Product becomes damaged, we will replace or refund the Product for up to 180 days after your purchase.
SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, ONCE YOU PURCHASE A PRODUCT THE TRANSACTION IS COMPLETE AND ROCKSBOX WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND OF THAT PRODUCT FOR ANY REASON.
Rocksbox may offer members the ability to earn credits or discounts ("Referral Credits" a/k/a Forever Spend) toward future purchases on Products when they invite friends to become members of Rocksbox through an authorized Rocksbox invitation channel (e.g. an invitation sent through Rocksbox’ s website, Facebook, or another social media channel supported by Rocksbox). You may only earn Referral Credits via Rocksbox's authorized member invite mechanisms. Referrals outside of Rocksbox authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire twelve (12) months after issuance. You will only receive Referral Credit after your friend becomes a paying member and your friend is sent her first Products to try from our on-line selection. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and Rocksbox will have no liability to you for such errors.
You agree that having multiple Rocksbox accounts is a violation of these Terms and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Rocksbox's referral credit program system may, without limiting any other Rocksbox rights or remedies, result in forfeiture of your membership and all Referral Credits in your account. Rocksbox reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Rocksbox. You must not conduct your own promotion in connection with our referral credit program. Unless expressly requested to do so by Rocksbox, you may not engage in any promotional, marketing, or other advertising activities on behalf of Rocksbox, including by using any trademarks of Rocksbox.
Referral Credits will appear in your Account after your friend’s payment is received and your friend becomes a member of Rocksbox and your friend is sent her first Products to try from our on-line selection. Referral Credits can only be used towards purchasing Products; they cannot be used towards subscription fees. The referral credit program is void where prohibited by law. Rocksbox reserves the right to modify or terminate the referral credit program at any time, although Referral Credits accrued shall be valid for twelve (12) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your Account may not accurately reflect the Referral Credits you have actually earned. Rocksbox will have no liability for any errors displayed in your Account.
Your Referral Credits do not expire if you cancel your Recurring Subscription membership. If you wish to return to the Service later, and your Account is still active, any unused Referral Credits still within the 12-month period from the date of posting will still be available for your use.
Every Recurring Subscription member receives $21 in rewards credit (“Rewards Credits” a/k/a Shine Spend) every month. It is deposited to your Account on the first day of every month, and will be automatically applied to any purchases made from your box in that month. To make sure your purchase is counted under the correct month, make sure to click "Buy" on your Account page online during that month. If you do not make a purchase, your Rewards Credit will expire automatically at the end of each month and will not roll-over to the following month. Please note that Rewards Credits cannot be credited retroactively. However, you will receive another $21 in Rewards Credits at the beginning of the following month.
Shine Spend is not applicable to purchases made in the Sale Shop.
Rewards Credits can only be used towards purchasing Products; they cannot be used towards subscription fees or associated taxes.
Unless otherwise stated, Rocksbox and/or its licensors own the intellectual property rights in and to the Website and material on the Website. Unless otherwise specified, the content on this Website is for your personal and non-commercial use and Rocksbox grants you a limited license to access the Website solely for that purpose. All other intellectual property rights are reserved. You must not use this Website to transmit or send unsolicited commercial communications or for any purposes related to marketing without our express written consent. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the express written consent of Rocksbox.
Without our express written consent, Rocksbox specifically prohibits any use of the Services, and requires all users to agree not to use the Services, for any of the following:
In these terms of the Services, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant to Rocksbox a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Rocksbox the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Rocksbox or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Rocksbox reserves the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.
The Services (including the Products tried or purchased through the Website), and the Website and its contents, are provided "as is"; Rocksbox makes no representations or warranties of any kind with respect to the Services or Products tried or sold by the Services, the Website, or any contents therein. Rocksbox assumes no liability or responsibility for any errors or omissions in providing the Services or in the content of the Website, any failures, delays, or interruptions in the shipment of Products, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by Rocksbox, or any conduct by users of the Website. ROCKSBOX EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE PRODUCTS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Rocksbox does not represent or warrant that the information on or accessible via the Website or through the Services is complete or current.
ROCKSBOX AND ITS AFFILIATES, DESIGNERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. ROCKSBOX AND ITS AFFILIATES, DESIGNERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THE WEBSITE OR THESE TERMS OF SERVICES WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO ROCKSBOX BY YOU UNDER THESE TERMS (INCLUDING YOUR SUBSCRIPTION FEES). EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
You agree to indemnify and hold Rocksbox, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from a breach of these Terms.
“Rocksbox” is a trademark of Rocksbox. All Rocksbox graphics, logos, page headers, button icons, scripts, proprietary product names, and service names are trademarks or trade dress of Rocksbox. Any trademarks not owned by Rocksbox that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rocksbox. All content and compilation thereof on the Website, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Rocksbox, its licensors, or its Product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. ROCKSBOX IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE WEBSITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Website.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ROCKSBOX HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Rocksbox agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Website, or any Products or Services offered, tried, or sold or purchased through the Website, will be resolved in accordance with the provisions set forth in this Legal Disputes Section “Agreement to Arbitrate”).
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Rocksbox, except as otherwise stated in the Terms.
You and Rocksbox each agree that any and all disputes or claims that have arisen or may arise between you and Rocksbox relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Website, or any Products or Services tried, sold, or purchased through the Website, shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate to the exclusion of state law inconsistent therewith.
YOU AND ROCKSBOX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND ROCKSBOX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to Rocksbox should be sent to Rocksbox at the address first set forth above. Rocksbox will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Rocksbox are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Rocksbox may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by you or Rocksbox shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration will be conducted solely on the basis of documents you and Rocksbox submit to the arbitrator, unless you elect to have an in-person hearing or the arbitrator determines an in-person hearing is necessary. In cases where an in-person hearing is held, you and/or Rocksbox may attend by telephone, unless the arbitrator or AAA rules require otherwise. If the value of the relief sought exceeds $10,000, the right to an in-person hearing will be governed by the AAA rules.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Rocksbox user to the extent required by applicable law. The arbitrator’s award damages must be consistent with the terms of the “Disclaimer of Warranties; Limitations on Liability” section above as to the types and amounts of damages for which a party may be liable. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If you prevail in arbitration, the arbitrator may award you reimbursement of your attorneys’ fees and expenses if you seek such relief. Rocksbox will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you decide to commence arbitration, and if the value of the relief sought is $10,000 or less, at your request, Rocksbox will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Rocksbox should be submitted by mail to the AAA along with your Demand for Arbitration and Rocksbox will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Rocksbox for all fees associated with the arbitration paid by Rocksbox on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions with respect to the prohibition of class and representative and private attorney general actions, and non-individualized relief, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions with respect to the prohibition of class and representative and private attorney general actions, and non-individualized relief is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms and its Legal Disputes Section will continue to apply.
Notwithstanding any provision herein to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Rocksbox prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between You and Rocksbox. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the Website or by providing notice by email. If you do not agree to these amended terms, you may close your Account within the 30-day period after such notice and you will not be bound by the amended terms.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Rocksbox must be resolved exclusively by a state or federal court located in San Francisco, California. You and Rocksbox agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes.
It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Website, or know of someone who is making unauthorized use of the content of the Website, please provide us with notice of copyright infringement under the Digital Millennium Copyright Act by submitting a written notice of your concern to: Copyright Agent, c/o Rocksbox, Inc., 360 Post Street, 11th Floor, San Francisco, CA 94108; email address: CopyrightAgent@Rocksbox.com.