TERMS AND CONDITIONS
Last Updated: October 21, 2018
rockridgesf.com (this “Site”) is owned and operated by Rockridge Enterprises, Inc., (referred to throughout as "Rockridge," "we" or "us"). By using or accessing this Site, or any of this Site’s content, you expressly agree to, and are subject to the following Terms of Service (these “Terms”). If you do not fully agree to these Terms, you may not access or otherwise use the Site. As such, you should read through the Terms carefully, as they constitute a legally binding agreement between you and us governing the use of the Site.
PLEASE READ THESE TERMS CAREFULLY. YOU WILL BE BOUND TO THESE TERMS BY ACCESSING THIS SITE, USING OUR SERVICES, OR ORDERING OUR PRODUCTS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE, USE OUR SERVICES, OR PURCHASE ANY PRODUCTS.
You acknowledge these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. You acknowledge you have the capacity to be bound by these Terms, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
These Terms contain a provision to arbitrate all claims and disclaimers of warranties and liability.
Who We Are and How Our Services Work
We create and sell menswear and accessories (collectively, our “Products”) specifically designed to meet the needs of the modern man (collectively, our services, including any new features, products, or applications, and the Site, are referred to herein as the “Service(s)”).
When you join our site by creating an account, you become a “Member”, which allows you to purchase our Products directly. You can suspend or terminate your membership at any time. In addition, we reserve the right to terminate your Membership and refuse use of the Site or Services as we deem appropriate in our sole discretion for any or no reason whatsoever.
Buying our Products is easy. Just find the item you want, add it to your cart, and checkout. We’ll whisk it away to you and you’ll have 60 days to return it in accordance with our Return Policy below.
You are required to register with us in order to access and use certain features of our Site or our Services. If you register as a Member, you agree to provide us with, and maintain, true, accurate, current, and complete information about yourself.
If you register as a Member, you further agree to immediately notify us of any unauthorized use of your username, password, or any other breach of security whatsoever. You are solely responsible for maintaining the confidentiality of your username and password. In order to safeguard your security, the Site’s security, and the user experience of others, you agree to log out of your account at the end of each session on our Site. Please remember to exercise particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information. We are not liable for any loss or damage that may arise from your failure to comply with the above.
Consent to Emails
If you provide us with your email address, we may email you newsletters regarding our Services. These emails may come directly from us or be sent to you through a third-party newsletter distribution company. Although you will be able to opt out of promotional emails, you will not be permitted to opt out of emails relating to updates to this Site, our Services, or your account.
We reserve the right, in our sole discretion, to suspend or terminate your account, your use of this Site, or your use of our Services for any reason or no reason. We may, in our sole discretion, discontinue providing any Products, Services, this Site, or any part thereof, with or without notice to you. Termination of your access to this Site or our Services may be effected without prior notice, and you acknowledge and agree we may immediately deactivate or delete your account and any data thereon at any time.
You agree that we are not and will not be liable to you or to any third party for any termination of your access to this Site or our Services. In the event you conduct yourself in a way that prompts us to report your activities to a law enforcement authority, you agree to waive and hold harmless Rockridge from any claims resulting from any action taken by us or as a result of our investigations, and from any actions taken as a consequence of investigations by either us or law enforcement authorities.
Fees, Billing, and Taxes
To purchase any Products, you will be required to provide us, through our third-party payment provider, with your payment information (including but not limited to your name, address, and a valid payment instrument’s often a credit card or debit card). You represent and warrant to us that such payment information you provide is true and correct and that you are authorized to use the payment instrument provided. You agree to promptly update your account information if any of your payment information changes. If we are unable to charge your payment instrument at any time, we will notify you of our inability to charge you.
You agree to pay us the charges incurred in accordance with these Terms. You hereby authorize us to bill your payment instrument in accordance with these Terms.
Whether you purchase our Products, you are responsible for all state and local sales or use taxes that may apply to your use of our Services. For example, California residents will be charged Oakland sales tax.
Discounts and Promotions
From time to time, we may offer special offers and discount codes.
We encourage you to redeem these special offers, but we respectfully ask that you not exploit them. We may, at our sole discretion, determine if all purchasing criteria has been met to qualify for the stated discount or free product applicable to your respective special offer or discount code. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we may, at our sole discretion, remove any extraneous free products from your order or cancel your order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair.
We want to ensure that anyone can purchase our products, so we also offer a special discount for students and educators. Any individual who is a college student or works in education (K-12 and higher education) in the United States is eligible for a 15% discount on their total purchase. To qualify for this discount, you must use an active .edu email address when you register as a Member and email us a copy of your current student or educator identification card at email@example.com.
We reserve the right to modify our discounts and promotional policies at any time in our sole discretion.
We make donations to non-profit organizations in the following manner. At the end of the year (November – December) we tally up the number of products sold and make a donation equal to 2% of our online sales to DonorsChoose.org. These funds are then used to help fund classroom projects in the United States of America.
Storage of Information
Use of a Mobile Device
Our Site can be browsed using a mobile device. To the extent you access our Site though a mobile device, your mobile service provider’s standard charges, data rates, and other fees may apply. In addition, accessing or using certain portions of our Site may be restricted or prohibited by your mobile service provider, and not all portions of our Site may work with all providers or devices.
Any limited license we grant does not include the right to collect, aggregate, copy, duplicate, download, display or derivatively use this Site or any portion thereof, whether through the use of data mining tools, robots, spiders or similar data gathering and extraction tools or techniques; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to our Site.
If you use any part of this Site in breach of these Terms, your right to use this Site and our Services will cease immediately and you must destroy any copies of content acquired through this Site you have made. No right, title or interest in or to this Site, or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of this Site or our Services not expressly permitted herein is a breach of these Terms and may violate copyright, trademark, and other laws.
Content Submitted by Site Users
If you choose to post content to this Site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rockridge and its affiliates for all claims resulting from content you supply. We reserve the right to remove any content at our sole discretion.
You may use this Site and our Services only for lawful purposes and in accordance with these Terms. You agree not to: (i) use this Site and our Services 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); (ii) transmit, or procure the sending of, any mass advertising or direct solicitation material; (iii) impersonate or attempt to impersonate us or our employees, another user, or another person or entity (including, without limitation, the use of e-mail addresses or screen names associated with or confusingly similar to any of the foregoing); (iv) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Site or our Services, or which, as determined by us, may harm us or our users and Members or expose them to liability; (v) use this Site or our Services in any manner that could disable, overburden, damage, or impair this Site or our Services or interfere with any other party's use of this Site or our Services; (vi) use any robot, spider or other automatic device, process or means to access this Site or our Services for any purpose, including to monitor or copy any of the material on this Site; (vii) use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent; (viii) use any device, software or routine that interferes with the proper working of this Site or our Services; (ix) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (x) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Site, the servers this Site is housed on, or any server, computer or database connected to this Site; (xi) attack this Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of this Site or our Services.
Modifications to These Terms, This Site, and Our Services
We will update these Terms from time to time in our sole discretion. Your continued use of our Site and Services following the publishing of revised Terms means you accept and agree to the changes.
We reserve the right to modify or discontinue this Site and our Services in our sole discretion without notice. From time to time, we may restrict user access to some parts of this Site, or this Site in its entirety. You agree we are not liable if for any reason all or any part of this Site or our Service is unavailable at any time or for any period.
We are located in the State of California in the United States. We provide this Site and our Services for use only by persons located in the United States. We make no claims this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and you agree to comply with all local rules and laws regarding your use of this Site and our Services.
Intellectual Property Rights
This Site and its entire contents, features and functionality (including without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), unless stated otherwise, are owned by us, our 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 and laws. In case of dispute or infringement, we will rigorously defend our rights to this material.
If you believe any content on our Site infringes upon a copyright you own or control, you may provide us with written notice of infringement at firstname.lastname@example.org with the subject line: “DMCA Takedown Request.” We respond to all notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act. It is our policy to terminate the accounts of any Members who are determined to be repeat infringers.
The Rockridge names and logos are trademarks and service marks of Rockridge (collectively, the “Rockridge Trademarks”). Other product and service names and logos used and displayed on this Site or through our Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Rockridge Trademarks displayed on this Site or in connection with our Services, without prior written permission in each instance. All goodwill generated from the use of the Rockridge Trademarks will inure to our exclusive benefit.
Third Party Websites
You may link to this Site provided such link does not portray us, this Site, or our Services, in a false, misleading, derogatory or otherwise defamatory manner. The linking site must not contain any adult, offensive, or illegal material.
Disclaimer of Warranties, Limitations of Liability, and Indemnification
You acknowledge you have only a limited, non-exclusive, nontransferable license to use THIS SITE AND OUR SERVICES. THIS SITE may not be completely bug-free. Therefore, you agree that you will use it carefully and avoid using it ways that might result in any loss of your or any third party’s property or information.
Your use of THIS SITE AND OUR SERVICES is at your sole risk. THE SITE AND OUR SERVICES ARE provided on an “as is” and “as available” basis. In particular, you acknowledge that support is only provided AND only available via email, in English; that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run THIS SITE AND OUR SERVICES; that the technical processing and transmission of THIS SITE may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. While we attempt to make use of THIS SITE AND OUR SERVICES safe, we cannot and do not represent or warrant THIS SITE is free of viruses or other harmful components.
We do not warrant that (i) THIS SITE AND OUR SERVICE will meet your specific requirements, (ii) THIS SITE AND OUR SERVICE will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of THIS SITE OR OUR SERVICE will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through THIS SITE OR OUR SERVICE will meet your expectations, and (v) any errors in THIS SITE OR OUR SERVICE will be corrected.
You expressly understand and agree WE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WE HAVE been advised of the possibility of such damages), resulting from: (i) the use or the inability to use THIS SITE OR OUR SERVICE; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from THIS SITE OR OUR SERVICE; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on THIS SITE OR THROUGH OUR SERVICE; (v) or any other matter relating to THIS SITE OR OUR SERVICES.
You agree to defend, indemnify and hold harmless ROCKRIDGE, its affiliates and licensors, and their respective officers, directors, MEMBERS, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of THIS SITE OR OUR SERVICES, including, without limitation, any use of OUR content, services and products other than as expressly authorized in these Terms or your use of any information obtained from US.
If you are a California resident, you specifically waive California Civil Code section 1542, which states as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
If you are a resident of a state other than the State of California, you specifically waive any terms or protections of any statute of your own state that may have similar intent OR EFFECT.
Any cause of action you may have hereunder or with respect to your use of THIS SITE OR OUR SERVICES must be commenced within one year after the claim or cause of action first arises.
Consent to Arbitration: PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We are able to resolve the vast majority of our customer concerns and complaints quickly and to the customer’s satisfaction through our fantastic customer support team. You can reach them at email@example.com.
However, in the event our customer support team is unable to resolve your complaint, or if we cannot resolve a dispute with you, we each agree it is in all parties best interest to resolve those disputes through binding arbitration in lieu of a court of general jurisdiction. Arbitration is generally cheaper and quicker than a lawsuit, and uses a neutral arbitrator (often a former judge or highly experienced attorney) instead of a judge or jury.
These Terms, and any dispute or claim arising out of, or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and us, and governs your use of this Site and our Services, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Notice to Minors
You must be at least 13 years old to use our Site. We do not knowingly collect personal information from children under 13. If you are under 13, please do not send any information about yourself to us, or to anyone else through our Site. If we learn we have collected any personal information from anyone under 13, we will immediately delete that information per the requirements of the Children’s Online Privacy Protection Act and any other applicable laws. If you believe we have received information from or about a child under 13, please contact us at firstname.lastname@example.org.
If you are under 18 years old, you may use our Site and become a Member, but you must get approval and permission from your parent or guardian before ordering any Products.
Notice to California Users
Under California Civil Code section 1789.3, California users of this Site must be made aware of the following: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs bay be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
If you would like to make any comments or give us any feedback about our Terms of Service, we welcome you to do so at email@example.com or by mail at:
Re: Terms of Service Comments
484 Lake Park Ave, Suite 531
Oakland, CA 94610