Terms of Service
RocketBux Terms of ServicePLEASE
READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION
CLAUSE. Welcome
to RocketBux. We are glad to have you as part of our service. We are
committed to providing the best possible value and convenience personalized just for you. Before you get started, you must read and agree to these Terms of Service. Thank you. Acceptance of Terms of ServiceBy
using RocketBux Inc.'s ("RocketBux," "we" or "us") RocketBux Service
(the "RocketBux Service"), you accept and agree to be bound by these
Terms of Service. RocketBux may at any time modify these Terms of
Service. You can review the most current version of it by clicking on
the "Terms of Service" link located at the bottom of the RocketBux
website, RocketBux.com.
The most current version will supersede all previous versions. By
continuing to use the RocketBux Service after changes are made, you
agree to be bound by such changes. PrivacyAny
information that you submit or we collect when you are using the
RocketBux Service is subject to the RocketBux Privacy Policy, the terms
of which are incorporated into these Terms of Service. Limitations on UseYou must be at least 12 years old to use the RocketBux Service, or, if you are not at least 12,
you may use the RocketBux Service only in conjunction with, and under
the supervision of, your parent or guardian. If you do not qualify,
please do not use the RocketBux Service. Intellectual PropertyRocketBux
and/or its licensors are the sole owners of the RocketBux Service,
which includes any software and content made available through it. The
RocketBux Service is protected by U.S.
and international copyright and other intellectual property laws. It is
for your own personal and non-commercial use only, and RocketBux grants
you a limited license for that purpose. Without limitation, this means
that you may not sell, export, license, modify, copy, reverse engineer,
distribute or transmit the RocketBux Service without RocketBux's prior
express written permission. Any unauthorized use of the RocketBux
Service will terminate the limited license granted by us. RocketBux,
RocketBux and other marks, graphics, logos, icons and service names
related to the RocketBux Service are registered and unregistered
trademarks or trade dress of RocketBux Inc. They may not be used
without RocketBux's prior express written permission. All other
trademarks not owned by RocketBux that appear in connection with the
RocketBux Service are the property of their respective owners, who may
or may not be affiliated with, connected to or sponsored by RocketBux. Electronic CommunicationsBy using the RocketBux Service, you consent to receiving electronic communications and notices from RocketBux (with your permission, of course).
You agree that any notice, agreement, disclosure or other
communications that we send to you electronically will satisfy any
legal communication requirements, including that such communications be
in writing. Your ConductBy
using the RocketBux Service, you agree not to upload, post, e-mail or
otherwise send or transmit any material that contains viruses or any
other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment associated with the RocketBux Service. You
also agree not to interfere with the servers or networks connected to
the RocketBux Service or to violate any of the procedures, policies or
regulations of networks connected to the RocketBux Service, the terms
of which are incorporated herein. You also agree not to: (1)
impersonate any other person while using the RocketBux Service; (2)
conduct yourself in a vulgar, offensive, harassing or objectionable
manner while using the RocketBux Service; (3) use the RocketBux Service
for any unlawful purpose; or (4) assign any phone number that is not your own. RocketBux
does not promote, recommend or condone use of the RocketBux Service
during certain activities, such as automobile driving, where there is a
significant risk of accident. You agree not to use the RocketBux
Service during such activities. Third Party OffersThe
RocketBux Service may contain links to third party web sites or
programs that are not controlled by or affiliated with RocketBux.
RocketBux is not responsible for the content, offers or privacy
policies of such sites and programs, including, without limitation,
your redemption of such offers or a merchant's refusal to honor any
offer. Your dealings with third party sites are solely between you and
the applicable third party. Charges for Using the RocketBux ServiceRocketBux currently provides the RocketBux Service to you free of charge. However, when you use the RocketBux Service, it is possible that you may be subject to minimal text message charges imposed by your wireless or other applicable carrier (many carriers now include free text messages with their calling plans). Payment of such charges is solely your responsibility. RocketBux Text Message (SMS) ServiceStandard
carrier rates apply to all text messages sent to or from the RocketBux
text message service. For more information, check your mobile phone
service plan or visit your carrier's website. To opt out from our text message service, reply to any text message with the word "STOP" to 20123
from your mobile phone and we will unsubscribe you from our text
message service. You will not receive any additional text messages
until you re-register on our website or via your mobile phone. To get help with the RocketBux text message service, you may email us at help@RocketBux.com. Use of Information Submitted You
agree that RocketBux is free to use any comments, information or ideas
contained in any communication you may send to RocketBux without
compensation, acknowledgement or payment to you for any purpose
whatsoever, including, but not limited to, developing, manufacturing
and marketing products and services and creating, modifying or
improving the RocketBux Service or other products or services. No Warranty & Liability LimitROCKETBUX
PROVIDES THE ROCKETBUX SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. ROCKETBUX
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. RocketBux assumes no
liability or responsibility for any errors or omissions in the
RocketBux Service; any failures, delays or interruptions in the
RocketBux Service; any losses or damages arising from the use of the
RocketBux Service, including, without limitation, any damage to your
mobile device; or any conduct by users of the RocketBux Service. We
reserve the right to deliver the RocketBux Service in our sole and
absolute discretion. IN
NO EVENT SHALL ROCKETBUX, ITS SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF
USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE ROCKETBUX SERVICE OR THESE
TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the
exclusion of certain damages, so the above may not apply to you. If any
applicable authority holds any portion of this section to be
unenforceable, then liability will be limited to the fullest possible
extent permitted by applicable law. IndemnityYou
agree to indemnify and hold RocketBux and its related companies, and
each of their respective shareholders, directors, officers, employees,
agents and merchant partners harmless from and against any third-party
claim or cause of action, including reasonable attorneys' fees and
court costs, arising, directly or indirectly, out of your use of the
RocketBux Service or your violation of any law or the rights of any
third party. Disputes1. Governing Law YOU
AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY
(WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT
OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS)
BETWEEN YOU AND ROCKETBUX arising from or relating to these Terms of
Service, their interpretation or breach, termination or validity, the
relationships which result from these Terms of Service, the RocketBux
Service, RocketBux's advertising or any related transaction SHALL, TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS
OF THE STATE OF OREGON, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. 2. Binding Arbitration ANY
CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND ROCKETBUX,
its agents, employees, principals, successors, assigns, affiliates
(collectively for purposes of this paragraph, "RocketBux") arising from
or relating to these Terms of Service, their interpretation or breach,
termination or validity, the relationships which result from these
Terms of Service (including, to the full extent permitted by applicable
law, relationships with third parties who are not signatories to these
Terms of Service), the RocketBux Service, RocketBux's advertising or
any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH
THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE
RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The
arbitration will be limited solely to the dispute between you and
RocketBux. NEITHER YOU NOR ROCKETBUX SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM
AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. Any award of the arbitrator shall be final and binding on
each of the parties and may be entered as a judgment in any court of
competent jurisdiction. Each party shall pay its own costs and
attorneys' fees. However, if any party prevails on a statutory claim
that affords the prevailing party attorneys' fees, or if there is a
written agreement providing for fees, the arbitrator may award
reasonable fees to the prevailing party, under the standards for fee
shifting provided by law. 3. Limitations of Actions Any
claim or cause of action arising out of or related to your use of the
RocketBux Service must be filed within one (1) year after such claim or
cause of action arose, regardless of any statute or law to the
contrary. In the event any such claim or cause of action is not filed
within such one (1) year period, such claim or cause of action shall be
forever barred. Right to TerminateRocketBux
reserves the right in its sole discretion to terminate or restrict your
use of the RocketBux Service, without notice, for any or no reason
whatsoever. GeneralIf
any provision of these Terms of Service is held to be invalid or
unenforceable, such provision shall be struck, and the remaining
provisions shall be enforced. Headings are for reference purposes only
and in no way define, limit, construe or describe the extent or scope
of such section. Our failure to enforce any provision of these Terms of
Service shall not constitute a waiver of that or any other provision.
These Terms of Service set forth the entire understanding and agreement
between you and RocketBux with respect to the subject matter hereof. Contact UsIf
you have any questions about these Terms of Service or the download
and/or use of the RocketBux Service, please contact us at: RocketBux • 325 NW Vermont Pl • Bend, OR 97701 • 541-771-3692
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