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This website is operated by Rocket Innovations, Inc. Throughout our websites, including getrocketbook.com and rocketbookapp.com (collectively, the “Site”), or applications we have developed and published for mobile devices, the terms “Rocketbook,” “we,” “us,” and “our” refer to Rocket Innovations, Inc. and/or any of its related entities. Rocket Innovations, Inc offers this Site, including all information, tools and available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms of Use (“Terms of Service” or “Terms”) apply to all Sites, software, applications, content, and products, (the “Service”) provided to you by to Rocketbook. These Terms govern your use of the Service and constitute a binding agreement between you and Rocketbook.
By ACCESSING THE SERVICES, YOU agree to be bound by the TERMS, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please carefully read these Terms of Service AND OTHER POLICIES REFERENCED HEREIN before accessing or using our services. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – CHANGES TO THE TERMS
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. It is your responsibility to check this page periodically for changes. You should check this Site from time to time to review the current Terms as they are binding on you. You may also be given additional notice, such as an email message or messaging within the Service, of any changes.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ROCKETBOOK SERVICES
Intellectual Property:We own and retain all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Services contain the copyrighted material, trademarks, and other proprietary information of Rocketbook and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services, without first obtaining our prior written consent or, if such property is not owned by Rocketbook, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
License:Subject to your compliance with the Terms, Rocketbook grants you a limited, non-exclusive license to access and use the Services using a supported web browser (such as Mozilla Firefox, Google Chrome, or Microsoft Internet Explorer) or mobile device solely for your own personal purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. You agree not to use the Service for any other purpose. All rights not expressly granted by Rocketbook are reserved.
Changes: The Services are evolving and will change over time. Rocketbook, its affiliates and its licensors reserve the right to change, suspend, remove or disable access to the Services or other materials comprising any part of the Services at any time without notice. In no event will Rocketbook be liable for making these changes. Rocketbook may also impose limits on use of or access to certain features or portions of the Services without notice or liability. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Requirements:Use of the Services requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access the Services and may be required for certain transactions or features and to download products previously purchased from the Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Services are not part of any other product or offering, and no purchase or acquisition of any other product shall be construed to represent or guarantee you access to the Services.
Wireless: You may access certain Services through a mobile network, your network or roaming providers’ networks. Standard messaging, data, and other fees may be charged by the provider to access the Services. Your carrier may prohibit or restrict certain Services and certain Services may be incompatible with your carrier or wireless internet device.
SECTION 4 – YOUR CONTENT AND SUBMISSIONS
You are responsible for: (a) all of Your Content and your User Submissions (each as discussed and described below), and (b) making sure that you have all the rights you need to Your Content and User Submissions. In addition, you represent and warrant that Your Content and User Submissions will not violate any law or these Terms, including, but not limited to Section 11 “Prohibited Uses” hereof.
Your Content: Everything that you scan, upload, send, store, transmit, or otherwise use (collectively, “scan”) in connection with our Services (such as, for example, notes, files, images, or other electronic documents) is yours (“Your Content”). You own it. We don't control, verify, or endorse any of Your Content that you scan using the Services. Your Content (in contrast to User Submissions below) is private, and we do not have access to or the capability to see or review Your Content.
Should you decide to scan with the Handwriting Recognition (OCR) features enabled, Your Content is still yours. You own it. We don’t control, verify, share or endorse any of Your Content. Utilizing the Handwriting Recognition (OCR) features requires granting Rocketbook systems the ability access and store a transcription of your data on a reputable cloud storage provider. It is important that the Rocketbook server system retains a copy of the transcription to enable certain features such as Smart Search. If you are uncomfortable with granting access, please disable all features under Handwriting Recognition (OCR). As referenced earlier in Section 4, Your Content is private, and we do not have access to Your Content if Handwriting Recognition (OCR) features are disabled.
User Submissions: You may be able to submit or post certain specific submissions (for example, contest entries) to us or on our Site, including, but not limited to, testimonials, product endorsements, content, comments, questions, opinions, feedback, ideas, suggestions or other materials (collectively, “User Submissions”). Rocketbook reserves the right (but not the obligation) to remove or edit such User Submissions, at its sole discretion. We are and shall be under no obligation (1) to maintain any User Submission in confidence; (2) to pay compensation for any User Submission; or (3) to respond to any User Submission. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Submission.
You own any User Submission you submit to us or post on our Site. If you do supply a User Submission as part of the Services, you automatically grant to Rocketbook, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, in connection with advertising our product and reviews. Rocketbook has the right but not the obligation to monitor and edit or remove any activity or content.
You further agree that any User Submission you post may be viewed by other users and may be viewed by any person visiting or participating in the Services. Although you may be able to remove your User Submission by specifically deleting it, in certain instances, some of your User Submission may not be completely removed and copies of your User Submission may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submission.
Electronic Communications:When you use parts of the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
We offer opportunities to purchase products online as part of the Services. If online shopping is available as part of the Services, these terms apply. Customers must be over age 18. Visitors under age 18 are not permitted to make purchases.
Rocketbook’s products may be available through our online retail partners, which may have their own terms of use and privacy policies that we encourage you to review.
Online Returns: Certain products or services may be available exclusively online through the Site. Returns or exchanges for such products purchased directly from Getrocketbook.com will be handled in accordance with our Return Policy.
Charges: To purchase our products, you will be required to submit payment information to do so. We accept these forms of payment: credit cards (credit cards may not be accepted in all countries), Paypal, or other payment methods accepted by Rocketbook. You must agree with their terms and conditions before paying for any of our products.
Availability:We cannot guarantee availability of product, even if our Site shows that a particular product is available. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. We may not have all products or product lines available online. If a product becomes unavailable following a transaction, your sole remedy is a refund, replacement (if a replacement is available), or credit. If technical problems prevent or unreasonably delay delivery of your product, your sole remedy is either replacement or refund of the price paid, at our sole option. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this Site is void where prohibited.
Site Transactions: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Taxes: We will charge taxes on digital products purchased when taxes are applicable. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.
Products: Products you purchase to use with our Services may have their own separate set of instructions provided by third party manufacturers and are subject to separate terms and conditions supplied with such products. We encourage you to refer to these product-specific terms prior to, and in connection with, your use of the Services.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Some Services require you to create an account to participate in a specific Service. You may be required to provide us with certain personal information, which may include your name and email address, and, in some cases, payment information. This information will be held and used in accordance with our Privacy Policy and relevant "just-in-time" notices, if any, provided at the point of information collection or use. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to update your account information to keep it current and accurate.
You agree not to share your account or login information, let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us and modify your login information. You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses of the login information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your account. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights
We may sell products for children, but we sell them only to adults (18 and over), who can purchase with a credit card or other permitted payment method accepted by Rocketbook. You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.
You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate illegal conduct or if you fail to comply with these Terms, Privacy Policy, and other relevant Rocketbook policies.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ROCKETBOOK. GENERALLY, ACCOUNTS CREATED WITH US WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail about returning products, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The linked sites are not under our control, and we are not responsible for the content available on any websites linked to the Services or for any loss or damage that may arise from your use of them. Such links do not imply Rocketbook’s endorsement of material on any other website and Rocketbook disclaims all liability with regard to your access to such linked websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our Privacy Policy.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services, the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this Section 11, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer of Warranties.
THE SERVICES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROCKETBOOK DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, MOBILE DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES.
WE MAKE NO GUARANTEE OF QUALITY, ACCURACY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES, AND WE RESERVE THE RIGHT TO CHANGE, SUSPEND, WITHDRAW, AMEND OR VARY ANY FUNCTIONALITY OR FEATURE OF THE SERVICES WITHOUT NOTICE OR INCURRING ANY LIABILITY TO YOU.
Limitations; Waivers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT ROCKETBOOK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT ROCKETBOOK IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ROCKETBOOK LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES OR APPLICATIONS AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ROCKETBOOK BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID ROCKETBOOK (IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ROCKETBOOK ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ROCKETBOOK IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ROCKETBOOK.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, save, and hold Rocket Innovations, Inc., its Affiliates, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Rocketbook reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rocketbook, and you agree to cooperate with Rocketbook’s defense of these claims. Rocketbook will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.
SECTION 14 – NOTIFICATION OF CLAIMS OF INFRINGEMENT
It is our policy to respond to clear notices of alleged copyright infringement (“Notices”) that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information in an email to our designated copyright agent (“Designated Copyright Agent”) in accordance with the procedures set forth herein:
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
Attn: Joe Lemay
Rocket Innovations, Inc.
legal@getrocketbook.com
We will respond to properly submitted Notices of claims of copyright infringement in the manner set forth above. We will take whatever action we deem appropriate, in our sole discretion, including removal of the offensive content, contacting the relevant user, and/or terminating any user that is determined by us to be a repeat infringer.
SECTION 15 – BINDING ARBITRATION AND CLASS ACTION
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding.
By using the Services in any manner, you agree to the above arbitration provision. In doing so,YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us.YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by aNEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in Suffolk County, Commonwealth of Massachusetts, United States of America. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
SECTION 16 – GENERAL PROVISIONS
Enforcement:Rocketbook reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms. You agree that we have the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party's rights).
Assignment. Rocketbook may assign or delegate these Terms of Service and/or the Rocketbook Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Rocketbook’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
Supplemental Policies.Rocketbook may publish additional policies related to specific services such as applications for mobile devices, games, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Entire Agreement: These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Rocketbook’s Privacy Policy), contain the entire understanding of you and Rocketbook, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.
Severability:If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Survival:The provisions of the Terms, which by their nature should survive the termination of the Terms, shall survive such termination.
No Waiver:The failure of Rocketbook to require or enforce strict performance by you of any provision of these Terms of Service or the Rocketbook Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Rocketbook’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Rocketbook of any provision, condition, or requirement of these Terms of Service or the Rocketbook Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Rocketbook shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Rocketbook.
Equitable Remedies: You acknowledge that the rights granted and obligations made under these Terms of Service to Rocketbook are of a unique and irreplaceable nature, the loss of which shall irreparably harm Rocketbook and which cannot be replaced by monetary damages alone. Accordingly, Rocketbook shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach of the “Restrictions” clause set forth in Section 3 above. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Rocketbook mobile application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 12 (if any).
Force Majeure:Rocketbook shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Rocketbook, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Rocketbook’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Commonwealth of Massachusetts, United States of America.
SECTION 17 - CONTACT INFORMATION
If you have any questions, comments, or concerns about the Terms, the Services or our products, in general, email us at legal@getrocketbook.com.
SECTION 18 – GUIDELINES FOR LAW ENFORCEMENT AGENCIES
Law enforcement officials seeking records from Rocketbook related to the use of the Services should consult these operational guidelines. We disclose user records solely in accordance with these Terms of Service and applicable law.
US Legal Process Requirements: Rocketbook responds to valid legal process issued in compliance with U.S. law.
International Legal Process Requirements:We will respond to requests that are issued via U.S. court pursuant to a Mutual Legal Assistance Treaty or letter rogatory upon proper service of process.
Account Preservation:We will take steps to preserve account records in connection with official criminal investigations for ninety (90) days pending our receipt of formal legal process. You may submit formal preservation requests by email or mail as indicated below.
Child Safety Matters:We report all apparent instances of child exploitation appearing on our Services from anywhere in the world to the National Center for Missing and Exploited Children (“NCMEC”), including content drawn to our attention by government requests. NCMEC coordinates with the International Center for Missing and Exploited Children and law enforcement authorities from around the world. If a request relates to a child exploitation or safety matter, please specify those circumstances (and include relevant NCMEC report identifiers) in the request to ensure that we are able to address these matters expeditiously and effectively.
Data Retention and Availability:We will search for and disclose data exactly as specified in an appropriate form of legal process and which we are reasonably able to locate and retrieve. We do not retain data for law enforcement purposes unless we receive a valid preservation request before a user has deleted that content from our service.
Form of Requests: We will be unable to process overly broad or vague requests. All requests must identify requested records with specificity and include the following:
Notification: Rocketbook reserves the right to notify users of requests for their information prior to disclosure unless we are prohibited by law from doing so, or in exceptional circumstances, such as child exploitation cases, emergencies or when notice would be counterproductive. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited. If your data request draws attention to an ongoing violation of our Terms, we will take action to prevent further abuse, including actions that may notify the user that we are aware of their misconduct.
Certification: Rocketbook’s records are self-authenticating pursuant to law. If a special form of certification is required, please attach it to your records request.
Cost Reimbursement: We reserve the right to seek reimbursement for costs in responding to requests for information as provided by law. These fees apply on a per account basis. We may also charge additional fees for costs incurred in responding to unusual or burdensome requests.
We may waive these fees in matters investigating potential harm to children, Rocketbook and users, and emergency requests.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Last Modified: May 24, 2018.
