Terms and Conditions
Agreement between User and https://www.rocklighter.com
Welcome to https://www.rocklighter.com. The https://www.rocklighter.com website (the “Site”) is comprised of various web pages operated by Rocklighter, LLC (“Rocklighter”). https://www.rocklighter.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.rocklighter.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.rocklighter.com is an E-Commerce Site.
Selling of The Original Rocklighter.
Visiting https://www.rocklighter.com or sending emails to Rocklighter constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Rocklighter does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.rocklighter.com only with permission of a parent or guardian.
The Original Rocklighter comes with a 30 day money back guarantee. The purchaser is responsible for paying the return shipping. Returns are not accepted without prior authorization. Please contact us at firstname.lastname@example.org with any questions.
Orders will only be shipped to addresses within the 50 states of the United States of America or the District of Columbia. We strive to ship your order as quickly as possible. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
We reserve the right to use the shipping carrier of our choice.
We charge shipping and handling for all orders. You will have the opportunity to find out what your shipping and handling charges are prior to placing your order.
You may receive shipments in separate boxes.
We warrant that our products shall (a) substantially conform to the description of such products as provided to you by us through our publicly available specifications for such products in effect at the time of delivery; and (b) be free from defects in material, workmanship and design. THIS WARRANTY IS EXCLUSIVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Our warranties made herein shall not be effective in the event of any act, error, neglect or default of you or any third party (including without limitation, modification, manipulation or alteration of any products shipped hereunder, use other than for their intended use, failure to appropriately store, ship or handle any such products) or in the event of any breach of these Terms and Conditions by you. No agent, employee, sales representative or distributor of ours has any authority to bind us to any affirmation, representation or warranty except as provided in this Section. You hereby acknowledge that you have not entered into this transaction in reliance upon any warranty or representation by any person or entity except for the warranties and representations specifically set forth herein.
Our sole and exclusive liability and your exclusive remedy with respect to products proved to our satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in our sole discretion, upon the return of such products in accordance with our instructions. All claims must be brought within one (1) year of shipment, regardless of their nature.
You shall notify us in writing within fifteen (15) days of your receipt of knowledge of any accident, or incident involving our products which results in personal injury or damage to property, and you shall fully cooperate with us in the investigation and determination of the cause of such accident and shall make available to us all statements, reports and tests made by you or made available to you by others. The furnishing of such information to us and any investigation by us of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by us.
WE SHALL NOT IN ANY EVENT OR UNDER ANY CIRCUMSTANCES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY OUR GROSS NEGLIGENCE.
In the event that you yourself, or if you knowingly sell to a third party who: modifies, manipulates or alters the products shipped hereunder; uses any such products other than for their intended use; is not properly licensed or authorized to conduct its business; fails to comply with the applicable laws, rules, regulations, and ordinances; or fails to appropriately store, ship or handle such products, you do so at your sole risk and liability. You shall defend (with counsel acceptable to us), indemnify and hold us harmless from and against any and all claims, actions, loss, damage, injury, penalties, fines, costs, expenses, or arising out of or resulting in any way from such activities.
In the event of any product recall initiated by either us or a government agency, you may return all recalled product to us in accordance with our instructions and you must comply with our return policies and procedures. In no event shall we be liable for incidental, consequential or special damages of any kind resulting from any product recall, including, without limitation, loss of revenue or profits.
Links to Third Party Sites/Third Party Services
https://www.rocklighter.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Rocklighter and Rocklighter is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Rocklighter is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rocklighter of the site or any association with its operators.
Certain services made available via https://www.rocklighter.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.rocklighter.com domain, you hereby acknowledge and consent that Rocklighter may share such information and data with any third party with whom Rocklighter has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.rocklighter.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rocklighter or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Rocklighter content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Rocklighter and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Rocklighter or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Rocklighter from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Rocklighter Content accessed through https://www.rocklighter.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Rocklighter, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rocklighter reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rocklighter in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Rocklighter agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ROCKLIGHTER, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ROCKLIGHTER, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ROCKLIGHTER, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Rocklighter reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rocklighter as a result of this agreement or use of the Site. Rocklighter’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rocklighter’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Rocklighter with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rocklighter with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rocklighter with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Rocklighter reserves the right, in its sole discretion, to change the Terms under which https://www.rocklighter.com is offered. The most current version of the Terms will supersede all previous versions. Rocklighter encourages you to periodically review the Terms to stay informed of our updates.
Rocklighter welcomes your questions or comments regarding the Terms:
2080 West 9th Avenue #150
Oshkosh, Wisconsin 54904
Effective as of August 12, 2019