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RockaBuyGear.com Terms and Conditions
Last Updated: 08-10-2009
ACCEPTANCE OF TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU ("You" or the "User") SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
- Use of this Website.
- The use of this site is limited to users physically located in the United States of America. All products sold by users on this site must be located in and shipped to locations within the United States of America;
- You agree that all listings of items for sale will be listed at a fixed price, and that you, if you are the seller, will honor that price if accepted;
- You agree not to use this website for any illegal, unlawful or fraudulent purpose;
- You agree not to list for sale or purchase any items that are recalled items or have been determined to be unsafe, by the manufacture, any government agency or the U.S. Consumer Products Safety Commission;
- You agree Rockabuy Gear, Inc. may report any questionable conduct or suspected illegal, unlawful or fraudulent activity to authorities, without liability;
- You agree not to post for sale any items which Rockabuy Gear, Inc. restricts, whether for safety or other reasons;
- You agree not to upload large files or data content;
- You agree not to attempt to defeat or bypass any encryption technology or security measures used on this website;
- You agree not to circumvent or attempt to circumvent the process of buying or selling through this site;
- You agree not to attempt to collect non published data, personal or other information about or provided by other users of this site;
- You agree to notify Rockabuy Gear, Inc. immediately if at any time you suspect or have knowledge of a breach or attempted breach in the security of your posted information, password or account;
- You agree not to upload or post to this website any content:
- that infringes upon any other person's intellectual property or publicity rights;
- that constitutes spam, junk mail, or without the advance written consent of Rockabuy Gear, Inc., marketing, advertisements or self promotion;
- that, without the advance written consent of Rockabuy Gear, Inc., creates links for users to leave the site or go to your or another's website, blog or similar site or location.
- that is misleading, inaccurate, illegal, spam, fraudulent, obscene, pornographic, profane, threatening, harassing, defamatory, hateful, or racially objectionable;
- that contains any virus or other computer code, files or programs designed to damage, harm, interfere with or intercept any computer, data or personal information; or
- that includes personal information about another person without that person's written consent.
- Modification of Terms and Conditions. These Terms and Conditions may be modified by Rockabuy Gear, Inc. at any time, by posting such modified Terms and Conditions on this site, along with a new revised date at the top of the Terms and Conditions page. The new or modified Terms and Conditions shall be effective 30 days after the date posted to this site and apply to use from the date beginning 30 days after the revised date forward. It is the User's responsibility to review these Terms and Conditions periodically. Upon any substantive change or modification to the Terms and Conditions, Rockabuy Gear, Inc. will provide notice of such changes by: 1.) posting a 30 day notice on the home page alerting users and members that the Terms and Conditions have changed; or 2.) requiring members to view and reaccept the Terms and Conditions prior to future listing or purchases; or 3.) alerting Members by Email. The revised date noted at the top of the Terms and Conditions page shall notify Users of the last date any change was made to the Terms and Conditions. Your continued use of the site after the date of notice shall constitute your unconditional acceptance of those additional or modified terms or conditions.
- Changes to Website, Refusal or Termination of Service. Rockabuy Gear, Inc. may change, modify, suspend or discontinue all or any this website, in its sole discretion, at any time. Rockabuy Gear, Inc. may restrict, cancel or terminate your or any User's access to any portion of or the entire site, in its sole discretion, at any time, with or without notice. If you are a registered User of this site, Rockabuy Gear, Inc. may withdraw or cancel your User status and account at any time, with or without notice and with or without cause. For example, Rockabuy Gear, Inc. may limit or cancel a User for misuse of the system, including but not limited to, violating the rules, Terms or Conditions, repeated postings of inappropriate, unsafe, recalled or prohibited items, posting of offensive, harassing, profane or otherwise inappropriate language. You agree that Rockabuy Gear, Inc. shall not be liable to you or any third party for termination or restriction of your access to this website.
- Rockabuy Gear, Inc.'s Role in Transactions. You understand that the Rockabuy Gear, Inc. is not an intermediary or the seller of the goods listed for sale by members or users of this site. The website is a venue or forum that brings together buyers and sellers, but does not participate in the transaction. All contracts or agreements for sale are formed between the buyer and seller only, and not Rockabuy Gear, Inc. The enforcement of any contractual agreements between the buyer and seller is solely the responsibility of the parties to that transaction. Rockabuy Gear, Inc. may, but is not obligated to mediate or facilitate communication between the parties. If a dispute arises, Rockabuy Gear, Inc. may transmit the name and address or other contact information of the buyer and seller to the other party to that transaction. Rockabuy Gear, Inc. offers no refunds and has no refund policy. The buyer and seller to any transaction may agree on any additional terms or refund policy between themselves. Rockabuy Gear, Inc. shall not be responsible for enforcing any such terms. The buyer and seller may utilize the refund or dispute resolution procedures, if any, provided by Paypal.
- Payment for Purchases. All purchases will be paid for utilizing a third party vendor pay service, Paypal. All fees will be processed utilizing a third party vendor credit card processing service, Authorize.net. While the Company has chosen these services because of their reputations for handling such processes securely. Rockabuy Gear, Inc. is not in any way affiliated with or responsible for these third party vendors. Rockabuy Gear, Inc. shall not be held liable for any security breaches, claims or issues arising from or out of the use of these third party vendors. If for any reason you do not wish to deal with these vendors, do not use this site. Please refer to these services' terms and conditions for any refund or dispute resolution procedures.
- Shipping Limitations. All orders will be shipped to an address designated by the purchaser. The shipping for all purchases through this site will be arranged by the individual members selling the item. All purchases from this web site should be shipped pursuant to a national carrier contract, unless other pickup arrangements are made between the buyer and seller. As a result, risk of loss should be explained and covered under such national carrier contracts and policies. If you desire to have your shipments insured, please contact the carrier to arrange such insurance. The risk of loss does not pass to the buyer until the shipment is delivered to them. Each buyer should examine he shipment upon receipt and refuse delivery if visibly damaged during shipment. All disputes relating to shipment damage or delay shall be between the shipper, purchaser and carrier. You are responsible for filing any claims with the carriers for damaged and/or lost shipments. Rockabuy Gear, Inc. shall have no responsibility or involvement in any such disputes or claims, other than in its efforts to facilitate communication or mediate issues between buyers and sellers.
- Order Confirmation. It is our general practice to have all orders confirmed by email. The receipt of an email order confirmation, however, shall not constitute an acceptance of an order or our confirmation of an order unless otherwise noted in the Email. We reserve the right, without prior notice, to refuse service to any customer or buyer. Orders may further be limited or declined due to mistakes in processing or dual requests for the same item. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Your Submissions to Us. Any questions, comments, answers, submissions, suggestions, or other materials transmitted, posted, or uploaded by you to this website or submitted by you to us via fax, mail, or otherwise (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary. Rockabuy Gear, Inc. will assume no responsibility, obligation, or liability for the dissemination, publishing, use, posting or refusal to post your Submissions. Our receipt of Your Submissions may not be used to establish novelty, priority, or originality. Our receipt of Your Submissions shall not impair our right to contest existing or future intellectual property rights relating to similar information or the use of or modification of Your Submissions. You grant us a non-exclusive, royalty-free, perpetual, irrevocable and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use Your Submissions throughout the world in any and all media. By making a submission, You represent and warrant that: (1.) you have the right and authorization to make the foregoing grant without the consent of any third party, and (2.) Your Submissions are accurate and do not and will not infringe on the rights of any third party.
- Indemnification. You agree to indemnify, defend and hold harmless Rockabuy Gear, Inc., its officers, employees, and agents from and against any claims, demands, causes of actions, loss, damage, liability, cost, and expense, including, but not limited to, reasonable attorneys' fees and court costs, arising out of, in connection with, or based upon your 1.) your use of the site, 2.) any content you post or submit to or through the site, 3.) your breach of these Terms and Conditions, or 4.) your injury to or violation of the rights of any other party by your postings or use of the site, including, without limitation, slander, defamation, or the infringement of any intellectual property rights.
- Age Confirmation. By using this website, you represent that you are at least 18 years old. If you are younger than 18 years old, you must get permission from a parent or guardian to use this site. To Register or open a User account, your parent or guardian must open the account in their name and agree to these Terms and Conditions.
- Copyright, Trademark policy. © Rockabuy Gear, Inc., 2009. All materials set forth in all forms and on all pages of this website and all design, text, graphics information, code and all other materials are copyrighted by Rockabuy Gear, Inc.. All such rights granted under U.S. and international copyright laws are reserved. You may retain the material for as long as is necessary to view the contents, but no longer. You are not authorized to store in permanent form, copy, distribute, modify, display, or create derivative works of any copyrighted material without first obtaining the permission of the owner in writing.
- Notice of Claims for Copyright Infringement; Copyright Policy. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit notice in writing, pursuant to the Digital Millennium Copyright Act (17 U.S.C. S 512(c)), to Rockabuy Gear, Inc.'s Agent, listed below, with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) identification of the copywritten work that is alleged to have been infringed upon or, if more than one, a representative list; (c) identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and that you have the authority to make such a statement; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached by mail at: Joe Bencar, 6405 Cambridge Park Drive, Mentor, Ohio 44060, (614) 572-7367, firstname.lastname@example.org.
- DISCLAIMER OF WARRANTIES. THE USER AGREES THAT THE USE OF THE SITE IS UNDERTAKEN AT THE USER'S OWN RISK. NO WARRANTIES ARE MADE BY Rockabuy Gear, Inc., ITS SUBSIDIARIES, ITS AGENTS, OR ANY OF ITS EMPLOYEES OR OFFICERS THAT THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. NO WARRANTIES ARE MADE AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE INFORMATION ON THE SITE.
THIS SITE, ITS CONTENT, AND ANY MERCHANDISE CONTAINED OR OFFERED FOR SALE ON THIS SITE ARE PRESENTED AND OFFERED "AS IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY Rockabuy Gear, Inc., ITS AGENTS AFFILIATES, EMPLOYEES OR OFFICERS. TO THE FULL EXTENT PERMISSIBLE BY FEDERAL, STATEAND LOCAL LAW, ROCKABUY GEAR, INC. DISCLAIMS ALL WARRANTIES.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ROCKABUY GEAR, INC. BE LIABLE TO YOU FOR ANY INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING IN ANY WAY FROM YOUR USE OF THIS SITE OR ANY PURCHASES OR COMMERCE CONDUCTED ON OR THROUGH THE SITE. FURTHER, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ROCKABUY GEAR, INC. OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO THE SITE, YOUR USE OR MISUSE OF THIS SITE, YOUR INABILITY TO USE THE SITE, OR THE INTERRUPTION, MODIFICATION, ALTERATION OR TERMINATION OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ROCKABUY GEAR, INC., WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR MOBILE DEVICE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE, (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE EXTENT ANY PURCHASES ARE MADE BY YOU ON OR THROUGH THE SITE FROM THIRD PARTIES OR OTHER MEMBERS, ROCKABUY GEAR, INC. SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY BREACH OR OTHER CLAIM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ROCKABUY GEAR, INC.'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE WITH RESPECT TO THIS WEBSITE, THE CONTENT, OR THESE TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
- Limited License to Use This Site. Rockabuy Gear, Inc. grants you a limited, non-exclusive, revocable license to access and use this website for your personal use, subject to these Terms and Conditions. You may use any trademarks or remove any copyright notices contained in or on or in conjunction with any material on this Site. You may not publish, distribute, adapt, create derivative works from, or in any way commercially exploit any material, code, process, data, metadata or content provided on this site without Rockabuy Gear, Inc.'s prior written permission. The license granted is terminable or subject to further restriction by Rockabuy Gear, Inc. at any time.
- Linking to This Website. You are permitted to link to this site, subject to the following: You are granted a limited, non-exclusive, revocable license to create links or hyperlinks to this website, provided that: (a) the links are only to the home page of this website; (b) the link(s) only use or incorporate text, and do not incorporate any trademarked images; (c) the links and related content do not give the impression of any affiliation with or endorsement of Rockabuy Gear, Inc.; (d) the links and related content on your site do not portray Rockabuy Gear, Inc. in a derogatory, false or misleading manner; and (e) your site is not used for any illegal or fraudulent purpose or in any way related to or concerning content inappropriate, abusive or offensive to any class of people, including but not limited to children. Any linking to or framing of this site or any portion of this site other than as stated above is strictly prohibited, unless otherwise agreed to by Rockabuy Gear, Inc. in writing.
- Links to Other Websites. Unless otherwise noted, Rockabuy Gear, Inc. is not endorsing any of the linked sites contained in this website, nor guaranteeing the accuracy, safety or content of the link or associated website. Unless otherwise noted, the links are provided for convenience only. By clicking on any link on this website, you may be leaving this website. If for any reason, we have linked to your website or created a frame or similar connection with content from your website and you do not wish to have Rockabuy Gear, Inc. provide such link or information, please notify us immediately and such link or connection shall be removed. By using this site you agree that you may not claim an improper action, connection or linking on our part unless and until you provide notice and a reasonable opportunity for us to remove such link.
- Advertisements, Promotions and Banners. Rockabuy Gear, Inc. reserves the right to sell or post advertisements, promotions or banners, and similar paid or unpaid items on the site. Unless specifically stated in writing by Rockabuy Gear, Inc., Rockabuy Gear, Inc. is not endorsing or affiliated in any way with any such advertisers or third parties. Any linking, business dealings or interacting you have with any advertisers or other third parties by or through this site are solely between you and the advertiser or third party. This includes, but is not limited to any disputes or issues that arise between you and the advertiser or third party or issues related to the content of advertisers or third parties on their websites. Rockabuy Gear, Inc. disclaims all responsibility for or liability from or in connection with the conduct or dealings between you and such advertisers or third parties.
- Jurisdiction / Choice of Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of law provisions. The User hereby submits, through use of the site, to the exclusive jurisdiction of the courts of the State of Ohio in Cuyahoga County and of any United States courts located within Cuyahoga County and the State of Ohio for purposes of any and all litigation arising out of the use of this website, or the purchase of any goods made through this website. The User waives any objections to the forum of Cuyahoga County, Ohio for lack of venue, forum non conveniens, or any other jurisdictional ground. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Force Majeure. Rockabuy Gear, Inc. shall not be held responsible or liable for any damage, delay, loss of use, loss of service, loss of information, accidental disclosure of information, or any other similar or dissimilar event as a result of an event of force majeure, act of God, act of sabotage, hacking, or computer data theft by third parties. An event of force majeure shall include without limitation acts of God (including flood, fire, earthquake or other similar event), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunication systems, failure of the world wide web, governmental restraints and act(s) of legislature or any cause (other than lack of funds) outside the reasonable control of Rockabuy Gear, Inc..
- ADR. Any controversy or claim relating to this website, the content, or these Terms and Conditions not otherwise resolved between you and Rockabuy Gear, Inc. will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. To the extent permitted by State or Federal law, any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. This limitation on joining plaintiffs together in one case may not apply in your state. The arbitration will be conducted in Cuyahoga County, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction of it.
- Severability. In the event any provision contained in these Terms and Conditions or otherwise on the site is declared by any court of law or other competent authority to be void, voidable, illegal or otherwise unenforceable, such void, voidable, illegal or unenforceable term shall not affect the remainder of the Terms and Conditions. The affected term or provision may be modified by such court of law or other trier of fact to the extent necessary to make such term or provision enforceable, and to the extent possible to meet the original intent evidenced by the term or provision.
- Entire Agreement. These Terms and Conditions together with any documents expressly referred to in them, contain the entire agreement between you and Rockabuy Gear, Inc. relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters.
© 2012 Rockabuy Gear, Inc. All Rights Reserved. Use of this website constitutes acceptance of the and