Terms of Use

 

These Terms of Use became effective on September 3, 2015.

1. WELCOME TO ROKOLABS.COM!

This page explains the rules that apply when you visit the ROKO Labs website. When you visit our site, you’re agreeing to all the rules on this page. We want these rules to be clear and easy to understand, and have included summaries of the legal terms in these blue boxes. The summaries are provided to help you understand the rules, but are not part of the binding rules.

ROKO Labs LLC (“ROKO Labs or “we”) owns and operates the ROKOLabs.com website (“Corporate Site”). By visiting the Corporate Site, you agree to these legally binding rules (“Terms”). If you do not agree to be so bound, then you may not visit the Corporate Site. You represent and warrant that you have the right, authority and capacity to abide by these Terms. If you are at least 13 but younger than 18 years old, your legal guardian must agree to these Terms on your behalf. Your visit to the Corporate Site signifies that your legal guardian has so agreed to these Terms. If your legal guardian does not so agree, then you may not visit the Corporate Site. These Terms apply only to those portions of the Corporate Site that are available to all site visitors. Consequently, these Terms do not cover a customer’s use of the ROKO Mobi Platform (“Platform”). The terms and conditions that apply to a customer’s use of the Platform can be found here. We may change these Terms from time to time. We will notify you of important changes by posting a notice on the Corporate Site. The Terms posted on the Corporate Site will say when that version went into effect. If you continue to use the Corporate Site after a change, then you have accepted the new Terms.

2. YOUR RIGHT TO USE THE CORPORATE SITE

In this section ROKO Labs gives you the legal right to access the Corporate Site for your personal use. Your right to use the Corporate Site ends when you violate the Terms. The Corporate Site and ROKO Labs’ products and services are available only to individuals who are 13 years or older.

ROKO Labs hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access the Corporate Site, subject to your compliance with these Terms and our right to terminate your access. The Corporate Site and ROKO Labs’ products and services are available only to individuals who are 13 years or older. The Corporate Site is not directed to children younger than 13 years old, and ROKO Labs does not knowingly collect Personal Information from children younger than 13 years old.

3. ACCEPTABLE CONDUCT

We need to make sure that the Corporate Site is secure and our systems function properly. Don’t interfere with the Corporate Site, and don’t use it to break laws.

You agree that you will not:

Remove any copyright, trademark, credit, source, or other notices contained on the Corporate Site or any material downloadable from the Corporate Site; Use the Corporate Site for any unlawful purpose; Use the Corporate Site to harass others, or to violate third-party rights, or to collect information about users without their express consent; Affect the way the Corporate Site is displayed, or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Corporate Site; Interfere with or disrupt the operation of the Corporate Site or the Platform or the servers or networks used to make the Corporate Site or Platform available; Reproduce, modify, adapt, translate, reverse engineer, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Corporate Site and Platform, without ROKO Labs’ express prior written consent; or Systematically gather content, or reproduce or circumvent the navigational structure or presentation of the Corporate Site or the Platform; provided that operators of public search engines may use spiders to copy text materials only (not images) from the Corporate Site as permitted by the Corporate Site’s robots.txt file located in the root directory.

4. THIRD-PARTY BUSINESSES, PRODUCTS AND SERVICES

We are not responsible if something bad happens when you access information through our Corporate Site, or when you transact business with a third-party business linked through the Corporate Site. We don’t endorse the third-party businesses that may be linked from our Corporate Site. In other words, use your judgment.

The Corporate Site may include links to third party businesses and websites. ROKO Labs has no responsibility arising from your access to third-party content or information through our Corporate Site, and no liability for losses that you may sustain from a transaction with a third-party business linked through the Corporate Site. We encourage you to use your judgment in entering into transactions with third-party businesses linked from the Corporate Site.

5. GIVING FEEDBACK

When you give us feedback on our Corporate Site and our services, you should know that we have the right to use (or not use) your feedback without restriction.

Any idea, proposal, suggestion or other material that you provide to ROKO Labs regarding the Corporate Site, Platform or our services (“Feedback”) becomes ROKO Labs’ property. Your Feedback is provided without compensation or restriction, and ROKO Labs is not under any obligation to use the Feedback.

6. ROKO LABS’ PROPRIETARY RIGHTS

The Corporate Site is legally protected in a number of ways.

The information, materials, services, and technology made available through the Corporate Site are the property of ROKO Labs and its licensors and suppliers, and are protected by U.S. and international copyright, trademark and other rights and laws. You acknowledge that the Corporate Site, Platform, and their associated technology, and all intellectual property and proprietary rights in and to the foregoing, are the sole and exclusive property of ROKO Labs and its licensors. Trade names, trademarks and service marks of ROKO Labs include without limitation ROKO LABS, ROKO MOBI and all associated logos. Nothing contained on the Corporate Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any ROKO Labs trade names, trademarks or service marks without our express prior written consent. All trademarks and service marks on the Corporate Site not owned by ROKO Labs are the property of their respective owners. We are unable to resolve or address trademark and other rights disputes between trademark owners and third parties.

7. COMPLAINTS AND CONCERNS

If you have complaints or concerns about the Corporate Site, you can let us know.

If you have a complaint or concern regarding the Corporate Site, please send an e-mail to info@ROKOLabs.com. You may also contact us by writing to ROKO Labs LLC, 1140 Broadway, Suite 501, New York, NY 10001. Please note that e-mail communications will not necessarily be secure; accordingly you should not include sensitive information in your e-mail correspondence with us.

8. WARRANTY DISCLAIMER

We work hard to build a robust and useful Corporate Site, but we can’t guarantee that things will always work perfectly. The Corporate Site is offered to you as-is, without warranties.

THE CORPORATE SITE (INCLUDING ITS CONTENT) IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ROKO LABS DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. ROKO LABS DISCLAIMS LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF USERS, USERS, BUSINESSES FEATURED ON THE CORPORATE SITE, AND/OR OTHER THIRD PARTIES IN CONNECTION WITH THE CORPORATE SITE, OR RELATED TO YOUR USE OF THE CORPORATE SITE. THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU ARE SUBJECT TO THESE LAWS, SOME OR ALL OF THESE DISCLAIMERS DO NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.

9. LIMITATION OF LIABILITY

If using the Corporate Site results in something bad happening, we’re not liable other than for a small amount.

IN NO EVENT WILL ROKO LABS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ROKO LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROKO LABS’ MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF YOUR ACTUAL DAMAGES OR USD $25.00. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CORPORATE SITE IS TO STOP USING THE SITE. CERTAIN JURISDICTIONS RESTRICT OR PROHIBIT LIMITATIONS OF LIABILITY, IN WHICH CASE THIS PROVISION WOULD NOT APPLY TO YOU.

10. INDEMNITY

If you violate these terms and we suffer damages, you will indemnify us.

You agree to indemnify and hold ROKO Labs and its directors, officers, employees, agents, affiliates, licensors, licensees, sub-licensees, and sponsors harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, that arise directly or indirectly out of or from your breach of these Terms. You may not settle an indemnified claim without ROKO Labs’ consent, which may not be unreasonably withheld.

11. TERMINATION

These Terms are in effect until terminated. If we think that you have violated these terms, your right to use the Corporate Site shall be terminated without prior notice. Some provisions of these terms remain in effect even after termination.

These Terms are effective until terminated. We reserve the right to investigate suspected violations of these Terms. ROKO Labs may terminate your right to use of the Corporate Site at any time without prior notice if ROKO Labs believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Sections 3 through 9, and 11 through 13 shall survive termination.

12. GOVERNING LAW

Any disputes between us are governed by New York State law, and may only be heard in courts located in New York, NY.

THE TERMS OF THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, U.S.A., WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW, AND REGARDLESS OF YOUR LOCATION. FOR ANY DISPUTES ARISING OUT OF THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL AND EXCLUSIVE JURISDICTION OF AND VENUE IN THE STATE OR FEDERAL COURTS WITHIN THE STATE AND COUNTY OF NEW YORK.

13. GENERAL TERMS

The following provisions are in just about every online agreement. They ensure that these Terms are binding.

These Terms and the other material referenced in these are the entire agreement between you and ROKO Labs regarding the Corporate Site. They supersede all other communications and proposals between you and ROKO Labs regarding the Corporate Site. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect and enforceable. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

These Terms are personal to you. You may not assign, transfer or sublicense these Terms without our express prior written consent. We have the right to assign, transfer or sublicense any or all of our rights or obligations under these Terms without your consent. We can send you notices by posting to the Corporate Site or by e-mail, or by regular mail.

The headings, captions and section summaries contained herein are for convenience only, and in no way define any provision. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. ROKO Labs will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.