Terms of Service

Welcome to RockinWellness.com. Rockin’ Wellness, Inc. and/or its affiliates (“Rockin’ Wellness,” “we,” “us,” “our”) provide products, services and website features to you when you visit or shop at RockinWellness.com or its social media pages, or use our products or services, mobile applications, or software in connection with any of the foregoing (collectively, the "Service"). Rockin’ Wellness provides the Service subject to the following conditions (“Terms”), which may be changed at any time without notice to you by posting new terms on the site.

BY USING THE SERVICE, YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY.

If you do not agree to this, please do not use the Service. You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You further acknowledge that such consideration includes but isn’t limited to your use of the Service and receipt of products, materials and information available in connection with the Service, the use or display of User Submissions (as defined below) and any related publicity and promotion.

Additional terms may apply to some aspects of the Service, like subscription-based services, affiliate programs, downloadable software, contests, sweepstakes, or other features or activities. These special terms are posted in connection with the applicable service or product offering. Any such terms (“Additional Terms”) are in addition to these Terms, and any conflicting provisions in Additional Terms will prevail over these Terms. Note that if you find our content on other sites, such as social media sites or affiliate sites, those sites’ terms of services will be considered “Additional Terms.”

This site is directed to persons 18 years of age and older; if you are under 18, you may use the Service only with involvement of a parent or guardian.

Your License to Use the Service

Rockin’ Wellness grants you permission to use the Service and text, software, scripts, graphics, photos, sounds, music, videos, audiovisual works, interactive features and other materials (collectively, “Content”) you may view on, access through, or contribute to the Service as set forth in these Terms, provided that you agree:

(i) Not to access Content through any means other than that authorized by Rockin’ Wellness.

(ii) Not to use the Service in a way that could harm Rockin’ Wellness or any third person. For example, that could:

  • Intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
  • Give you access to the Service or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and we do not instruct you not to access the Service using that program;
  • Frame the Service, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other person or cause;
  • Convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
  • Otherwise adversely impact operation of the Service, Rockin’ Wellness, or any third person.

 

(iii) Unless you receive prior written consent from Rockin’ Wellness, not to:

  • Modify, reproduce, distribute, transmit, perform, broadcast, publish, sublicense, reverse engineer, transfer, sell, or create derivative works from, the Service or Content.
  • Use the Service for commercial uses other than your participation in the Rockin’ Wellness affiliate program.
  • Modify or use the Content in a manner that suggests an association with any of our products, services or brands.
  • Remove or modify any copyright, trademark and other proprietary notices of Rockin’ Wellness.

 

This license does not transfer ownership of the Software to you or give you the right to copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. If you install certain applications that may be available via the Service, you consent to the download of Software to your Internet Device and accept these Terms and any additional terms related to such application.

We reserve all rights in the Content and the Service that we do not specifically grant in these Terms. In addition to our other legal rights, we may limit or terminate your license to use the Service, or certain features of the Service, at any time and for any reason, without prior notice to you.

Copyright & Trademark Information

The Rockin' Wellness company name, logos, slogans, product names, package photos and product images are copyrights and/or trademarks of Rockin’ Wellness and cannot be reproduced without permission.  Please contact us at sales@RockinWellness.com or 1-855-UROCKWELL to request permission to use any Rockin' Wellness logo or image for any purpose.

We respect the intellectual property rights of others. If you believe that Content on the Service violates your copyright, please send us a notice using the following contact information:

Rockin’ Wellness
2410 Farmers Ave, Unit 13
Bellmore, NY 11710

Seth Luker
Email: sales@rockinwellness.com
Telephone: 1-877-UROCKWELL

This contact information is only for notices of copyright infringement submitted pursuant to section 512(c)(3)(A) of Title 17 of the US Code. Contact information for other matters is listed at the end of these Terms.

Your Account

Certain Content or Service features may not be available unless you register for an account with us. If you register, you must complete the applicable form to create a unique username and password. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; (c) use limited-access portions of the Service only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Service.

You must maintain the confidentiality of any access credentials issued to you and may not share them with any other person. You must notify Rockin’ Wellness immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.

Rockin’ Wellness reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Privacy

Our Privacy Policy describes our practices with regard to personal information that we collect through the Service. The Privacy Policy is incorporated into these Terms by reference, and by using the Service you agree to our use of any information that we collect from you in conformance with our Privacy Policy.

No Professional Advice or Medical Information

The Service does not provide medical advice, diagnosis or treatment; the information included on the Service is offered for informational purposes only. Some portions of the Service may allow you to submit questions to us. Although we provide information about our products through the Service, we are not doctors and our employees are not authorized to provide medical or other professional advice through the Service. We also have not confirmed the qualifications of any end user or other third party who provides information through the Service, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Service for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Service. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

The statements on the Service have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.

User Submissions

The Service may allow you to submit or distribute text, audio, video, or other materials (collectively, “User Submissions”) to or through the Service. When you provide User Submissions, you grant Rockin’ Wellness a non-exclusive, fully paid, royalty-free, irrevocable, perpetual, worldwide, transferable (in whole or in part), sub-licensable (through multiple tiers) right to use, transmit, modify, digitize, reproduce, distribute, perform, display, create derivative works based on, incorporate into other works, and otherwise exploit (i) the content of your User Submissions, and (ii) your name, photo, voice, persona or likeness either separately or in connection with your content. This grant of rights shall be throughout the world in any media, whether now known or later invented, for any purpose, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person.

In addition, the granted rights include rights to use any ideas, concepts, know-how, or techniques contained in User Submissions for any purpose without compensation to you. Except as prohibited by law, you waive and agree to waive moral rights of attribution and integrity that you may have in your User Submissions, even if the submission is altered or changed in a manner not acceptable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.

Do not provide User Submissions that you want protected from disclosure. Except as otherwise described in the Privacy Policy you agree that: (a) your User Submissions will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Rockin’ Wellness does not assume any obligation of any kind to you or any third person with respect to your User Submissions. Upon Rockin’ Wellness’ request, you will provide us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms. You acknowledge that the Service may be subject to breaches of security and that you are aware that submissions of User Submissions may not be secure, and you will consider this before submitting any User Submissions.

Rockin’ Wellness does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services (“Unsolicited Ideas”). Unsolicited Ideas are deemed User Submissions licensed to us as set forth above. In addition, Rockin’ Wellness retains all of the rights held by members of the general public with regard to your Unsolicited Ideas. Our receipt of your Unsolicited Ideas is not an admission by us of novelty, priority, or originality, and does not impair our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas. Notwithstanding custom or practice to pay an individual for an idea, nothing in these Terms creates a confidential relationship between you and us or an implied or express contract to compensate you for your Unsolicited Ideas.

You represent that your User Submissions will:

  • Be accurate and comply with these Terms;
  • Be your original work or provided to us with all necessary rights from third persons to post the User Submissions on our Service, without the need for any permission from or payment to any other person to exploit, and to authorize us to exploit, such User Submissions in all manners contemplated by these Terms; Not injure any person if used by us in accordance with these Terms;
  • Not include medical or other professional advice;
  • Not be false, deceptive, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, disrespectful, illegal or otherwise objectionable;
  • Not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
  • Not include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
  • Not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Service or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of “spam”; and Not advertise or promote a product or service or include advertising or other commercial material, except with our prior written consent.

 

If you discover any User Submission that violates these Terms, you may report it to: sales@rockinwellness.com

We are under no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of any User Submissions, however, we may refuse or remove a User Submission without notice for any reason. You agree that you are solely responsible for your User Submissions and that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you or any other person resulting from User Submissions.

You are solely responsible for your interaction with other users of the Service, whether online or offline. We do not endorse the opinions, advice or recommendations contained in any User Submission and are not responsible or liable for user conduct or content of any User Submission. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. We cannot and do not assure that other users are or will be complying with the Terms, and, as between you and us, all risk of harm or injury resulting from any such lack of compliance is assumed by you.

Links to Third Party Sites

The Service may contain links to other sites or services that are not operated by Rockin’ Wellness. We make no representation that we have endorsed or evaluated the information they provide. These links are provided as a convenience to you; your relationship with the operators of such sites and services is governed by their own terms and conditions and privacy policy, if any, and not by these Terms.

Commercial Transactions

To purchase products or services through the Service, you must: (a) be at least eighteen years old, (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the products or services that you request, together with any taxes, fees, or shipping charges described on the Service.

We stand behind the products that we sell, and we will post the return policy that applies to purchases from the Service. In general, we do not accept returns on open packages of our products. If you are dissatisfied with a product you have purchased through the Service, your sole remedy will be to obtain a pre-authorization from us to return unopened packages for a refund. After the return period has expired, all sales are final and we will not accept returns or issue refunds.

In offering product descriptions on the Service, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return unopened product to us for a refund in conformance with the return policy listed on the Service. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.

Shipping & Product Handling

Please allow up to 3 days’ product handling prior to actual shipping. In the USA, most shipping is via USPS Priority 2-3 day delivery service with tracking and delivery confirmation information.  We are not responsible for a wrong address given at time of order, or for shipments that are lost, stolen, not received, or returned to sender if the USPS tracking system says “Delivered.”  Most larger quantity orders will have mandatory “Signature Required” upon delivery. Tracking number information is automatically emailed to you upon generating the printing of shipping label.

International Orders

By confirming your order for shipment outside the United States, you agree to the additional terms contained in this section.

If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping cost for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment.

Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations the United States imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to us or to you in connection with any non-compliance with laws and regulations of the country of destination.

If we decide to allow return of an item that has been rejected because of import or other legal compliance issues, we will refund the purchase price of the merchandise, less any charges we incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the United States upon return of the goods, and less the shipping costs to return the package to us.

Supply of goods, services and software through the Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Service, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Service if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

Discounts

Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share Rockin’ Wellness coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that a coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected misuse. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupons and promotional codes are not valid on prior purchases.

Electronic Communications

You agree that all notices, disclosures, agreements, policies, emails, and other communications that Rockin’ Wellness provides to you electronically satisfy any requirement that such communications be in writing.

Disclaimers

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your use of the Service or any feature thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Service are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Service will be uninterrupted or error-free; that the Service will be secure; that the Service or the servers that make the Service available will be virus-free or otherwise free of harmful components; or that information on the Service will be complete, accurate or timely. If you download software or materials from the Service, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether verbal or written, obtained by you from us or the Service will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials or information on the Service in terms of completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability

To the extent permitted by applicable law, neither Rockin’ Wellness, nor our suppliers or third party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (1) the Service (including use of or delay or inability to use the Service), (2) information, products or services advertised in or obtained through the Service, or (3) our removal or deletion of any materials submitted or posted on the Service, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.

We each agree that any dispute proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Service and to seek a refund of the money you paid to us, if any, during the three months preceding your initiation of the claim or dispute. Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the Service or in these Terms.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless Rockin’ Wellness and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs at all levels, arising from or in connection with your use of the Service or our products or services or any violation or alleged violation by you of these Terms or applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you; in such event, you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this section or admit any liability on the part of Rockin’ Wellness without our prior written approval.

Jurisdiction and Venue

The laws of the State of New York govern these Terms and any dispute of any sort that may arise between you and Rockin’ Wellness or its affiliates, without regard to conflict of laws rules, as if entered into by residents of New York and fully performed therein. You irrevocably consent to the jurisdiction of the state and federal courts located in or serving Nassau County, New York for any action relating to the Service or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Service or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

We make no representation that Content on the Service is appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Changes to These Terms of Service

We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Service. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Service following the posting of changes to these terms or other policies means you accept the changes.

Termination

These Terms of Service constitute an agreement between you and Rockin’ Wellness, which Rockin’ Wellness may terminate in its sole discretion, in whole or in part, at any time and for any reason. If Rockin’ Wellness terminates this agreement with you, you may no longer access or use the Service. Upon termination of this agreement and/or your access to the Service, you will immediately destroy any copies of any Content, whether in printed or software format. Otherwise applicable portions of these Terms survive termination, including applicable portions of the sections relating to No Professional Advice or Medical Information; User Submissions; Links to Third Party Websites; Electronic Communications; Disclaimers; Limitation of Liability; Indemnification; Jurisdiction and Venue; Termination; and Entire Agreement, Severability, No Waiver.

Entire Agreement; Severability; No Waiver

These Terms, along with the policies and specific service terms incorporated in them by reference or posted in connection with different aspects of the Service, constitute the entire agreement of the parties with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether verbal or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

How to Contact Us

If you have any questions or comments about these Terms or the Service, please contact us by:

Email: sales@rockinwellness.com
Phone: 1-855-UROCKWELL
Mail: 2410 Farmers Ave, Unit 13
Bellmore NY 11710

Thank you for using our Service.

Last Updated: 5/1/2013