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Rocksbox, Inc.

Privacy Policy

Last Updated January 1, 2020

Welcome to the website (the "Site") of Rocksbox, Inc. ("Rocksbox," "we," "us," or "our"). Rocksbox is a subscription-based, try-before-you-buy jewelry membership service (the "Service").

This Privacy Policy explains what Personal Information (defined below) we collect, how we use and share that data, and your choices concerning our data practices. This Privacy Policy is incorporated into and forms part of our Terms of Service

Before using the Service or submitting any Personal Information to Rocksbox, please review this Privacy Policy carefully and contact us if you have any questions. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service.

1. PERSONAL INFORMATION WE COLLECT

We collect information that alone or in combination with other information in our possession could be used to identify you ("Personal Information") as follows:

Personal Information You Provide: We collect Personal Information when you register on our Site, place an order, subscribe to our newsletter, or otherwise interact with our Site. We also collect information when you communicate with us electronically or interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy. The Personal Information collected during these interactions may vary based on what you choose to share with us, but it will generally include your name, email address, mailing address, credit card information, phone number, age/birthdate, gender, geographical location, language, time zone, income, and education. If you choose to link one of your social media accounts in order to create a profile, we may import information you allow us to collect based on your settings with the relevant social media service ("Social Media Content"), and use such Social Media Content to create your profile. In doing so, we will populate your first name, gender, current city, interests, about me, photos, and age (which is calculated from your birthdate) into your profile. With your permission, we may also combine that information with your public social media profile (which may include your friend list, birthday, work history, interests, current city, photos, personal description and likes). By associating your social media account with our Site and authorizing us to have access to Social Media Content, you agree that we may collect, use, and store Social Media Content in accordance with this Privacy Policy.

Personal Information We Collect Through Our Social Media Pages: We have pages on social media sites like Instagram, Facebook, Twitter, and LinkedIn ("Social Media Pages"). When you interact with our Social Media Pages, we will collect Personal Information that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.

Personal Information We Receive Automatically From Your Use of the Service: When you visit, use, and interact with the Service, we may receive certain information about your visit, use, or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:

  • Log data: Information that your browser automatically sends whenever you visit the Site ("log data"). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
  • Cookies: Please see the "Cookies" section below to learn more about how we use cookies.
  • Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
  • Usage Information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.

Cookies: We use cookies to operate and administer our Site, gather usage data on our Site, and improve your experience on it. A "cookie" is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.

Email Pixels: We use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.

Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.

Online Tracking and Do Not Track Signals: We and our third party service providers, including Facebook, may use cookies, pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site and use that information to send targeted advertisements. To opt out of advertising on Facebook please click here. Our Site currently does not respond to "Do Not Track" ("DNT") signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

Your Choices. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

Advertising networks may use cookies to collect Personal Information. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.

If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

2. How We Use Personal Information

We may use Personal Information for the following purposes:

  • To provide the Service by using your information to better respond to your individual needs;
  • To personalize your experience when using the Service;
  • To respond to your inquiries, comments, feedback, or questions;
  • To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies;
  • To analyze how you interact with our Service;
  • To maintain and improve the content and functionality of the Service;
  • To develop new products and services;
  • To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture, and networks; and
  • To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

Aggregated Information. We may aggregate Personal Information and use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Service, through cookies, and through other means described in this Privacy Policy.

Marketing. We may use your Personal Information to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.

3. Sharing and Disclosure of Personal Information

In certain circumstances we may share your Personal Information with third parties without further notice to you, unless required by the law, as set forth below:

  • Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and web analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Information in the course of performing their duties to us.
  • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a "Transaction"), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
  • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.
  • Other Users: certain actions you take may be visible to other users of the Service. For example, when you create a profile the information you include in your profile will be visible to other users.

4. Update Your Information

Please log in to your account or contact us if you need to change or correct your Personal Information.

5. California Privacy Rights Disclosures

If you are a California resident, please click here to learn more about your privacy rights.

6. Children

Our Service is not directed to children who are under the age of 13. Rocksbox does not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to Rocksbox through the Service please contact us and we will endeavor to delete that information from our databases.

7. Links to Other Websites

The Service may contain links to other websites not operated or controlled by Rocksbox, including social media services ("Third Party Sites"). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

8. Security

You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Information to Rocksbox via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.

9. International Users

By using our Service, you understand and acknowledge that your Personal Information will be transferred from your location to our facilities and servers in the United States.

10. Your Choices

In certain circumstances providing Personal Information is optional. However, if you choose not to provide Personal Information that is needed to use some features of our Service, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Information.

11. Changes to the Privacy Policy

The Service and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Information after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

12. Contact Us

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: contact@rocksbox.com. To report security or privacy issues that affect Rocksbox or our web servers, please contact our designated security address: security@rocksbox.com.

Rocksbox Privacy Notice for California Residents

Last Updated January 1, 2020

Rocksbox, Inc. has prepared this California Privacy Notice (the "Notice") to inform California residents of (1) the information that relates to or could reasonably be associated with California residents or households ("Personal Information") that we collect and how we use and disclose that information and (2) the privacy rights California residents may have relating to their Personal Information and how those rights can be exercised. This Notice is incorporated into and forms part of our Privacy Policy. By using the Service, you agree to the practices described in this Notice. If you do not agree to this Notice, please do not access the Site or otherwise use the Service. All capitalized but undefined terms shall have the meanings assigned to them in the Privacy Policy.

1. Personal Information Collection, Use, and Disclosure

Category of Personal InformationExamplesSources Of Personal InformationUse of Personal InformationDisclosure of Personal Information
Identification InformationReal name, email address, postal address, telephone number, and username.We collect Identification Information directly from you.We use Identification Information to provide the Service and administer access to our Site.We disclose Identification Information to our vendors, including our customer relationship management provider and marketing partners.
Sensitive InformationCredit or debit card number and government identification number.We collect Sensitive Information directly from you.We use Sensitive Information to process payments.We disclose Sensitive Information to our payment processor.
Historical InformationProducts or services purchased, obtained, or considered and other purchasing or browsing histories or tendencies.We collect Historical Information directly from you, including through your interaction with the Site, our emails, and advertisements.We use Historical Information to provide the Services and for marketing.We disclose Historical Information to marketing partners.
Location InformationWe estimate your location (i.e., by city or state) from your IP address.We collect Location Information from you.We use Location Information to assist us in understanding the usage patterns and activities on the Site.We disclose Location Information to our analytics provider.
Online Activity InformationWhen you visit the Site we may collect your IP address, browser type/settings, cookie identifiers, and the date and time of your visit. We may also collect information regarding whether you open or click links in the emails we send you.We collect Online Activity Information from you.We use Online Activity Information for marketing and analytics.We disclose Online Activity Information to our marketing partners and analytics providers.
Derived InformationBased on your Historical Information, we may determine that you will be more interested in certain products or advertisements than others.We create Derived Information from other Personal Information you give us, including Historical Information.We use Derived Information to better understand our users, to improve our Service, and for marketing.We disclose Derived Information to our marketing providers.

For purposes of the California Consumer Privacy Act, we do not and will not sell your personal information. Please note that we may share Personal Information in connection with a Transaction as described in our Privacy Policy.

2. California Privacy Rights

To the extent provided for by law and subject to applicable exceptions, you may have the following privacy rights in relation to the Personal Information we collect:

  • The right to request access to the Personal Information we have collected and information about how we have used and disclosed your Personal Information;
  • The right to request deletion of your Personal Information;
  • The right to opt out: We may share your Personal Information with social media platforms, including Facebook, and other marketing partners that will use that information to serve targeted advertisements on the social media platforms and third-party websites. We do not control and are not responsible for those third parties’ processing of your Personal Information. You can opt out of such marketing through Facebook here and you can opt out of our use of your Personal Information for marketing purposes by emailing us at contact@rocksbox.com.
  • The right to be free from discrimination relating to the exercise of any of your privacy rights.

Exercising Your Rights: California residents can exercise the above privacy rights by us at contact@rocksbox.com or calling 877-478-0450.

Verification: In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.

Authorized Agents: You may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.

Contact Us

If you have questions about this notice, please contact us at:

Email: contact@rocksbox.com

Address: 360 Post Street, 11th Floor, San Francisco, CA 94108

Rocksbox Terms of Service

THESE TERMS OF SERVICE, TRY AND PURCHASE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH ROCKSBOX ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH ROCKSBOX. PLEASE READ IT CAREFULLY.

Introduction

These Terms of Service ("Terms" or "Terms and Conditions") are a legal agreement between you ("you","your" or "Member") and Rocksbox, Inc., a Delaware corporation, with its principal place of business at 360 Post Street, 11th Floor, San Francisco, CA 94108 ("Rocksbox", "We", "we", "us" or "our"), establishing terms and conditions under which you will submit information to, and try or purchase jewelry (each a "Product" and collectively, "Products" or "Items") and receive related services ("Services") from, Rocksbox via our website at https://www.Rocksbox.com (the "Website").

PLEASE ENSURE THAT YOU CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY AT https://www.rocksbox.com/privacypolicy (THE "PRIVACY POLICY"). BY ACCESSING OR USING THE WEBSITE, INCLUDING TRYING OR PURCHASING PRODUCTS OFFERED ON OUR WEBSITE, SIGNING UP FOR THE MEMBERSHIP AND CLICKING THE "SUBMIT" BUTTON TO SIGNIFY ACCEPTANCE OF THESE TERMS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND SUBJECT TO OUR PRIVACY POLICY, AS SUCH TERMS MAY CHANGE FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY, PLEASE DO NOT TRY OR PURCHASE ANY PRODUCTS AND DO NOT USE THIS WEBSITE. YOU FURTHER AGREE THAT THESE TERMS WILL GOVERN YOUR RELATIONSHIP WITH ROCKSBOX, WHETHER YOU ACCESS OUR PRODUCTS OR SERVICES THROUGH THE WEBSITE OR THROUGH A MOBILE DEVICE OR APPLICATION OR THROUGH A THIRD PARTY SITE SUCH AS FACEBOOK.

YOU AGREE TO RECEIVE ALL COMMUNICATIONS FROM ROCKSBOX UNDER THIS AGREEMENT ELECTRONICALLY VIA EMAIL OR TEXT SERVICE (AS FURTHER DEFINED BELOW). YOU AGREE TO KEEP YOUR CURRENT EMAIL ADDRESS UPDATED AT ALL TIMES AND AGREE THAT YOU WILL BE DEEMED TO HAVE RECEIVED ANY NOTICES WE SEND TO THAT EMAIL ADDRESS.

WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE TRYING AND PURCHASE OF ANY PRODUCTS FOURTEEN (14) DAYS AFTER THE DATE OF SUCH CHANGE. WE MAY PROVIDE NOTICE OF ANY SUCH CHANGES BY EMAIL, NOTICE TO YOU UPON LOG-IN, OR BY PUBLISHING THEM ON THE WEBSITE. IF YOU DO NOT AGREE TO ANY CHANGES IN THE TERMS AS THEY MAY OCCUR, PLEASE ARRANGE TO TERMINATE YOUR MEMBERSHIP BY NOTIFYING ROCKSBOX OF YOUR UNWILLINGNESS TO ACCEPT THE CHANGES TO THE TERMS BY EMAILING MEMBERS@ROCKSBOX.COM OR CALLING US AT 1-877-478-0450 AND BY IMMEDIATELY RETURNING ALL OUTSTANDING PRODUCTS AND DISCONTINUING YOUR USE OF THE SERVICES AND THE WEBSITE.

Rocksbox Membership

The Membership allows registered Members to access the Website and, with an Account (as defined below), Products from Rocksbox in accordance with these Terms. Members also agree to comply with any terms, conditions, or policies that Rocksbox may provide to users from time to time on the Website.

Rocksbox offers two membership types: a rebillable membership (the "Recurring Membership") and a prepaid gift membership (the "Gift Membership"). Recurring Memberships and Gift Memberships may be referred to collectively as "Memberships". Under our Membership programs, the Member is sent Products on a trial basis from a selection offered on our Website. Products will be shipped to the Member's address on a recurring basis, with no due dates or limits on the number of times a Member can try. However, we do limit the number of Products you may try at any one time and all Products you do not wish to purchase must be returned at the same time in order to try additional Products, all as outlined on the Website. We reserve the right to require the return of any or all Products in your possession in the event you fail to make required payments on time. Delivery time for products you have selected may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Rocksbox makes no guarantees as to actual delivery time. We will send you an email letting you know when your Product is shipped. The risk of loss for a Product passes to you upon a shipping carrier’s confirmation of delivery, and from then on you bear the risk of loss and are responsible for the Products until returned to and received by Rocksbox; provided, however, that if you receive a damaged Product, please email us at members@Rocksbox.com immediately and return any such damaged Products as you normally would. All shipping carrier confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery of a shipment Rocksbox has sent to you, or if you are unable to confirm that a shipment you returned to Rocksbox has been delivered, you are required to contact and notify Rocksbox within 10 days of delivery date listed on shipment tracking, so we may investigate. Until the investigation is complete and we are able to determine the results of the lost Products, at our sole discretion, we may decide to temporarily suspend the trying period. The Products shipped to you include a return envelope for which postage has already been paid so you can more easily return your Products to us.

Any slight damage or wear (e.g. lost earring back, a stone falls out, etc.), as determined in our sole discretion, is fully covered by us. If you have any damage or loss issues, please email us immediately at members@Rocksbox.com. If you return a Product with excessive or abusive damage exceeding normal wear and tear, as determined by Rocksbox in its sole discretion, you agree that Rocksbox may charge your Payment Method (as defined below) and collect the applicable price for such Product. You are also responsible in the event of a theft or loss of a Product and in this event you will be responsible for the full Member’s price (less any applicable available discount) immediately upon notification of the loss of the Product. Also Rocksbox reserves the right to close your account at any time if we notice multiple cases of excessive damage, losses, or abuse to the Products you have tried.

If you erroneously ship an item which is not a Product of Rocksbox to us mistakenly, we will endeavor to notify you and return the item discovered, but we are not responsible or liable for items sent to us in error. If you realize you’ve sent us an item in error, please contact us at members@Rocksbox.com as soon as possible so we can attempt to locate it and return it to you.

Recurring Memberships: By purchasing a Recurring Membership, you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your membership will be automatically extended for successive terms, at the then-current membership rate. Members with a Recurring Membership may place a temporary hold (a "Hold Period") on their account in accordance with current Rocksbox policies. During a Hold Period, a Member will not be charged a fee or receive any shipments, but such Member may still purchase Products from our Website.

Gift Memberships: Current Members may buy a Gift Membership online and transfer it to a recipient. A Gift Membership will not be automatically renewed after the then-current term expires. You can cancel a Gift Membership, but the pre-paid fee is non-refundable. If you have a Gift Membership of 3, 6, or 12 months, your Membership ends 3, 6, or 12 months from the date the Gift Membership was redeemed. Members with Gift Memberships are not eligible for Hold Periods. Gift Membership prices are subject to change, and no price adjustments will be made to Gift Memberships previously purchased at a different price.

Gift Membership recipients may be pre-existing Members with Recurring Memberships. If a Member on a Recurring Membership redeems a Gift Membership, the Recurring Membership will resume at the end of the Gift Membership. Gift Membership recipients may redeem their valid Gift Memberships using the Rocksbox Gift Code ("Gift Code"). The Gift Code does not expire and can be redeemed at any time. Once redeemed and activated, the Gift Membership recipient is no longer eligible for any free or discounted trial period. Gift Codes may not be redeemed for cash, or combined with other promotional, free or discounted trial offers or incentives. Gift Codes are for personal use and may not be shared. Rocksbox is not responsible for unintended use of Gift Codes, lost or stolen Gift Codes, or the unauthorized redemption of Gift Codes, except as required by law.

Termination: A Recurring Membership continues until terminated in accordance with these Terms. Rocksbox or the Member can terminate at any time at their discretion with no cancellation fee and no responsibility for recurring charges after cancellation. Any Products still in your possession at the time of termination must either be purchased or returned to Rocksbox prior to the next billing cycle; provided that if any Products are not returned to Rocksbox prior to the next billing cycle, your Membership will not terminate and you will continue to incur the applicable recurring charges. When a Membership has been terminated, any Membership fees already paid are non-refundable. If you don't intend to purchase a Recurring Membership when the Gift Membership ends, you must return your Products within 7 days of the expiration of your Gift Membership or we will (a) charge your account for the Products that have been sent to you, or (b) initiate legal action and/or using third party collection agencies to recover all Products sent to you and you will additionally be liable for any recovery fees and costs charged by the agency. Upon termination, your Account is not deleted and you can still sign in to the Website until such time as Rocksbox limits your access to or suspends your Account. You agree that any termination, limitation of access and/or suspension shall be made in Rocksbox’s sole discretion and that Rocksbox not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account. Without prejudice to our other rights under these Terms, if you breach these Terms we may take such action as we deem appropriate to deal with the breach.

BECOMING A MEMBER AND OBTAINING AN ACCOUNT

Before you can begin use of the Services, you must register through the Website to obtain an account ("Account"). You must have a valid credit card and Internet access to use our Services. You must be 18 years of age or older to register as a member and use the Services and you must reside within the United States or its territories. Your membership will automatically renew for successive monthly membership periods, unless you cancel your membership or your membership is otherwise determined by Rocksbox to terminate under these Terms. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data (including, without limitation, you e-mail address and your shipping address) and style profile section of the Website to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may review, deny, suspend or terminate your Account and refuse to offer you any and all current or future use of the Services and the Website. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Website. When you revisit the Website, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.

Third Party Services: When using this Website and an applicable third party social networking services (e.g., Facebook, Twitter, Instagram, Google +) (each and collectively, a "Social Network"), you may have the option to consent to connecting your profile or activity on our Website with your Social Network information and activity. If you choose to use our Social Network populating feature to create an account, we may import information for your account or profile on our Website from a Social Network. We only import from the information you allow to be imported from the Social Network access to which is controlled by your privacy settings on that Social Network ("Permitted Social Network Content"). The authentication of your Social Network login credentials is conducted solely by the Social Network. If you do use this feature we will initially create your profile by displaying your first name as the user name displayed to other users, gender, current city, interests, about me, photos, and age (which is calculated from your birthdate). With your permission, we may also combine that information with your public social media profile (which may include your friend list, birthday, work history, interests, current city, photos, personal description and likes). IN ORDER TO VERIFY THAT THE INFORMATION WE RECEIVE FROM A SOCIAL NETWORK IS TRUE, ACCURATE, AND COMPLETE, AS IT WILL CONSTITUTE THE REGISTRATION DATA, WE MAY CONTACT YOU PRIOR TO REGISTERING YOUR ACCOUNT.

BILLING; RENEWAL

When you open an Account, you will be required to provide Rocksbox with accurate, complete and current Payment Method information that you are authorized to use. Rocksbox currently only accepts Visa, MasterCard, American Express, Diners Club, Discover Card, and PayPal (each a "Payment Method"). We do not accept cash, money orders, pre-paid, or pre-loaded cards or personal check or travelers checks of any kind. By signing up for a Membership, you authorize Rocksbox or its agent to bill your Payment Method for the applicable Membership fee, any Product purchases, any Gift Membership, shipping charges (if any), any and all applicable taxes, and any other charges you may incur in connection with your use of the Membership. Other fees will be charged to your Payment Method as you incur them. Membership fees are non-refundable. You agree not to charge back any fees or charges and any charge backs will result in you paying associated charge back fees. For a monthly Recurring Membership, your Membership will automatically renew for successive monthly Membership periods, unless you cancel your Membership or your Membership is otherwise determined by Rocksbox to terminate under these Terms. The renewal date is the day you're billed each month. For example, if we first billed you on February 4, your renewal date is the 4th of each month. We will bill you for another month of service every 4th day of the month. In the cases where the renewal date falls on a day after the last date of a shorter month, your renewal date will fall on the last date of that month. For example, if your renewal date is January 31st, your renewal date in February will be February 28th.

If Rocksbox does not receive payment through your chosen Payment Method, if your Payment Method expires or is rejected, or if there is a charge back for any reason, you agree to pay all amounts due upon demand, including payment of retail price plus applicable taxes for non-receipt of any outstanding products due back to Rocksbox. Following any such non-payment, we may require you to provide a second valid Payment Method before continuing to use the Services and you authorize Rocksbox to charge outstanding fees and other amounts due us against any Payment Method you have on file with us.

Rocksbox reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. If your account is forwarded to a collections agency, you will additionally be liable for any recovery fees and costs charged by the agency. Rocksbox reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, charge backs, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 60 days after they first appear on your Account statement. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.

AUTHORIZATIONS

We reserve the right at any time to determine whether your Payment Method(s) is/are pre-authorized to accept a minimum charge equal to the Membership fee or to each Product being tried or purchased. If we conclude that the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding Items and/or that you provide a second valid Payment Method before continuing to use the Service.

For some forms of payment, an initial authorization charge may be processed, confirmed by you, and then returned to you in order to verify the validity of your Payment Method. There will then be a second authorization for the actual amount of the applicable monthly Membership fee or purchase price. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees/charges will be charged.

FREE OR DISCOUNTED TRIAL PERIODS

Free or discounted trial periods are offered at the discretion of Rocksbox, and are subject to discontinuation at any time. If we suspect you have had an active Account within the last 12 months, we may determine, in our sole discretion, that you are not eligible for a free or discounted trial. We consider your household not eligible if your Payment Method, physical address or email address have been associated with another active Account in the 12 months prior to the day of Account creation. Creating duplicate Accounts under another name, email, or address in order to obtain more than one free or discounted trial is fraud, in violation of both our Terms and Federal laws regarding mail fraud, and the creator and/or user of such accounts shall be held liable. New Accounts that are eligible for a free trial will be authorized on the first day of Services for the full billing cycle payment, and your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against your Payment Method unless you do not cancel before the end of your free trial period. At the end of your free or discounted trial period, Rocksbox will automatically bill your Payment Method for the next billing cycle of Services. We will not notify you when your trial period has ended. You can view the date your free or discounted trial ends in the Account section on our Website. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE OR DISCOUNTED TRIAL, THERE WILL BE NO FURTHER CHARGES TO YOUR PAYMENT METHOD IF ALL PRODUCTS YOU DO NOT WISH TO PURCHASE ARE RETURNED WITHIN 7 DAYS OF THE EXPIRATION OF YOUR FREE OR DISCOUNTED TRIAL PERIOD.

PURCHASE/RETURNS

To purchase any of the Products sent to you, just keep the Product or Products you want to buy when you return the rest of your Products. You hereby authorize Rocksbox to charge your Payment Method for the Products you've kept, plus any applicable sales taxes, when we receive the returned Products. You can also click "Buy" on your feedback page under your Account, thereby authorizing Rocksbox to immediately charge your Payment Method for the Products purchased.

If the purchased Product becomes damaged through normal wear, in our sole discretion, we will replace or refund the Product for up to 180 days after your purchase.Purchases from the Rocksbox Shop and Clearance Shop are final sale, and no refunds will be issued after the orders are placed on the Service.

OTHER THAN AS SET FORTH IN THIS "PURCHASE/RETURNS" SECTION, ONCE YOU PURCHASE A PRODUCT THE TRANSACTION IS COMPLETE AND ROCKSBOX WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND OF THAT PRODUCT FOR ANY REASON.

ROCKSBOX REFERRAL PROGRAM

Rocksbox may offer Members the ability to earn credits or discounts ("Referral Credits" or "Forever Credits") toward future purchases on Products when they invite friends to become Members of Rocksbox through an authorized Rocksbox invitation channel (e.g. an invitation sent through Rocksbox’s website, Facebook, or another social media channel supported by Rocksbox). Referrals outside of Rocksbox authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other Members, and expire if a Membership is canceled. You will only receive Referral Credit after the referred party becomes a paying Member through a Membership option and the referred party is sent the first Product(s) from our online selection. If the referred party does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and Rocksbox will have no liability to you for such errors.

You agree that having multiple Rocksbox accounts is a violation of these Terms and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Rocksbox's referral credit program system may, without limiting any other Rocksbox rights or remedies, result in forfeiture of your Membership and all Referral Credits in your account. Rocksbox reserves the right to void referrals and Referral Credits earned if we suspect, in our sole discretion, that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Rocksbox. You must not conduct your own promotion in connection with our referral credit program. Unless expressly requested to do so by Rocksbox, you may not engage in any promotional, marketing, or other advertising activities on behalf of Rocksbox, including by using any trademarks of Rocksbox.

Referral Credits will appear in your Account after the referred party’s payment is received and the referred party becomes a Member of Rocksbox and the referred party is sent her first Products to try from our on-line selection. Referral Credits can only be used towards purchasing Products; they cannot be used towards Membership fees or associated taxes. The referral credit program is void where prohibited by law. Rocksbox reserves the right to modify or terminate the referral credit program at any time, although Referral Credits accrued shall be valid until the applicable Membership is canceled, and thereafter, Referral Credits only expire if your Recurring Membership or Gift Membership is canceled. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that, due to our use of third party services to track Referral Credits, your Account may not accurately reflect the Referral Credits you have actually earned, and Rocksbox will have no liability for any such errors displayed in your Account.

Your Referral Credits do not expire while you are "active" or "on hold". Referral Credit is capped at five (5) referred friends per calendar month, each of whom become paying Members and are sent the first Products to try from our online selection. This cap will be reset on the first day of each subsequent month.

ROCKSBOX MONTHLY CREDIT

Every Member with a Recurring Membership receives $21 in credit ("Monthly Credit") every month. A Monthly Credit is deposited into your Account on the first day of every month, and will be automatically applied to any purchases made from your box in that month. To make sure your purchase is counted under the correct month, make sure to click "Buy" on your Account page online during that month. If you do not make a purchase, your Monthly Credit will expire automatically at the end of each month and will not roll-over to the following month. Please note that Monthly Credit cannot be credited retroactively. However, you will receive another $21 in Monthly Credit at the beginning of the following month. You understand that Monthly Credit is not transferable, may not be auctioned, bartered or sold, and may not be pooled with other Members.
Monthly Credit is not applicable to purchases made in the Rocksbox Shop. Monthly Credit can only be used towards purchasing Products; it cannot be used towards Membership fees or associated taxes. Should there be any tax liability for the accumulation and/or use of Monthly Credit, such taxes are the sole responsibility of the participant.

ROCKSBOX FOREVER CREDIT

Accounts may be eligible to receive Forever Credit outside of Referral Credits. These credits are applied to any purchases made from Products in your set after Monthly Credit has been used. Once Forever Credit has been used on a purchase it is considered redeemed and is removed from the Forever Credit balance of the Member Account. You understand that Forever Credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire if a Recurring Subscription is canceled.
Forever Credit is not applicable to purchases made in the Rocksbox Shop.
Forever Credit can only be used towards purchasing Products; they cannot be used towards subscription fees or associated taxes. The Forever Credit program is void where prohibited by law. Rocksbox reserves the right to modify or terminate the Forever Credit program at any time, and Forever Credits only expire if your Recurring Membership or Gift Membership is canceled. Should there be any tax liability for the accumulation and/or use of Forever Credit, such taxes are the sole responsibility of the participant.

ROCKSBOX REWARDS PROGRAM

You may be able to participate in the Rocksbox Rewards Program, also called Rockstar Rewards. Participation is subject to the Rocksbox Rewards Program Terms.

LIMITED LICENSE/ACCESS LIMITS

Unless otherwise stated, Rocksbox and/or its licensors own the intellectual property rights in and to the Website and material on the Website. Unless otherwise specified, the content on this Website is for your personal and non-commercial use and Rocksbox grants you a limited license to access the Website solely for that purpose. All other intellectual property rights are reserved. You must not use this Website to transmit or send unsolicited commercial communications or for any purposes related to marketing without our express written consent. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the express written consent of Rocksbox.

PROHIBITED USES

Without our express written consent, Rocksbox specifically prohibits any use of the Services, and all users agree not to use the Services, for any of the following:

  • Republishing material from this Website (including republication on another website);
  • Selling, renting or sub-licensing material from the Website;
  • Showing any material from the Website in public;
  • Reproducing, duplicating, copying, communicating, transmitting, posting, or otherwise exploiting material on this Website for a commercial purpose;
  • Editing or otherwise modifying any material on the Website;
  • Redistributing material from this Website except for content specifically and expressly made available for redistribution;
  • Creating multiple accounts for the same user;
  • Accessing data not intended for you or logging on to an Account, which you are not authorized to access;
  • Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; or
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violating any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol.

USER CONTENT

While using the Services, you may submit material (including without limitation text, images, audio material, video material and audio-visual material) to this Website for a multitude of purposes (your "User Content").

You grant to Rocksbox a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to Rocksbox the right to sub-license these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Rocksbox or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Rocksbox reserves the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.

COMMUNICATIONS

You consent to receive communications from us, including email and calls. We may contact you by telephone at any of the telephone numbers provided by you. In addition to e-mail communications and telephone, if you elect in your settings to receive membership, shipping, and delivery updates via text message, you consent to receive information from us via SMS and/or MMS messages sent through an automated telephone dialing system ("Text Service"), even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to edit your settings accordingly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

There is no additional charge for the Text Service, but your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

DISCLAIMERS OF WARRANTIES; LIMITATIONS ON LIABILITY

The Services (including the Products), and the Website and its contents, are provided "as is"; Rocksbox makes no representations or warranties of any kind with respect to the Services, Products, the Website, or any contents therein. Rocksbox assumes no liability or responsibility for any errors or omissions in providing the Services or in the content of the Website, any failures, delays, or interruptions in the shipment of Products, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by Rocksbox, or any conduct by users of the Website. ROCKSBOX EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE PRODUCTS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Rocksbox does not represent or warrant that the information on or accessible via the Website or through the Services is complete or current.

LIMITATION OF LIABILITY

ROCKSBOX AND ITS AFFILIATES, DESIGNERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) AND LOSS OF USE AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF ROCKSBOX AND ITS AFFILIATES, DESIGNERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THE WEBSITE OR THESE TERMS OF SERVICES WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO ROCKSBOX BY YOU UNDER THESE TERMS (INCLUDING YOUR MEMBERSHIP FEES). EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

INDEMNITY

You agree to indemnify and hold Rocksbox, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from a breach of these Terms.

INTELLECTUAL PROPERTY

"Rocksbox" is a trademark of Rocksbox. All Rocksbox graphics, logos, page headers, button icons, scripts, proprietary product names, and service names are trademarks or trade dress of Rocksbox. Any trademarks not owned by Rocksbox that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rocksbox. All content and compilation thereof on the Website, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Rocksbox, its licensors, or its Product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

LINKS AND ADVERTISING

We may provide, or third parties may provide, links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. ROCKSBOX IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE OUR WEBSITE.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Website.

LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ROCKSBOX HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Rocksbox agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Website, or any Products or Services ("Disputes"), will be resolved in accordance with the provisions set forth in this Legal Disputes Section (the "Agreement to Arbitrate").

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Rocksbox, except as otherwise stated in the Terms.

You and Rocksbox each agree that any and all Disputes shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate to the exclusion of state law inconsistent therewith.

YOU AND ROCKSBOX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND ROCKSBOX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should interpret these Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to Rocksbox should be sent to Rocksbox at the address first set forth above. Rocksbox will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Rocksbox are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Rocksbox may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by you or Rocksbox shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration will be conducted solely on the basis of documents you and Rocksbox submit to the arbitrator, unless you elect to have an in-person hearing or the arbitrator determines an in-person hearing is necessary. In cases where an in-person hearing is held, you and/or Rocksbox may attend by telephone, unless the arbitrator or AAA rules require otherwise. If the value of the relief sought exceeds $10,000, the right to an in-person hearing will be governed by the AAA rules.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Rocksbox user to the extent required by applicable law. The arbitrator’s award damages must be consistent with the terms of the "Disclaimer of Warranties; Limitations on Liability" section above as to the types and amounts of damages for which a party may be liable. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If you prevail in arbitration, the arbitrator may award you reimbursement of your attorneys’ fees and expenses if you seek such relief. Rocksbox will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

Your responsibility to pay any filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you decide to commence arbitration, and if the value of the relief sought is $10,000 or less, at your request, Rocksbox will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Rocksbox should be submitted by mail to the AAA along with your Demand for Arbitration and Rocksbox will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Rocksbox for all fees associated with the arbitration paid by Rocksbox on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

With the exception of any of the provisions with respect to the prohibition of class and representative and private attorney general actions, and non-individualized relief, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions with respect to the prohibition of class and representative and private attorney general actions, and non-individualized relief is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms and its Legal Disputes Section will continue to apply.

Notwithstanding any provision herein to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Rocksbox prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between You and Rocksbox. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the Website or by providing notice by email. If you do not agree to these amended terms, you may close your Account within the 30-day period after such notice and you will not be bound by the amended terms.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Rocksbox must be resolved exclusively by a state or federal court located in San Francisco, California. You and Rocksbox agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes.

CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Website, or know of someone who is making unauthorized use of the content of the Website, please provide us with notice of copyright infringement under the Digital Millennium Copyright Act by submitting a written notice of your concern to: Copyright Agent, c/o Rocksbox, Inc., 360 Post Street, 11th Floor, San Francisco, CA 94108; email address: CopyrightAgent@Rocksbox.com.

GENERAL

You may not assign the Terms or any of your rights or obligations under the Terms without Rocksbox’s express written consent. The Terms inure to the benefit of Rocksbox’s successors, assigns and licensees. These Terms and the Privacy Policy constitute the entire agreement between you and Rocksbox and govern your use of the Services, and they supersede any prior agreements between you and Rocksbox. You also may be subject to additional terms and conditions that are applicable to certain parts of the Services. You agree that no joint venture, partnership, employment, or agency relationship exists between Rocksbox and you as a result of this Agreement or your use of the Services. The failure of Rocksbox to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

Text message policy

Rocksbox Text Messages (also referred to as "SMS") relay time sensitive information to you about your Rocksbox shipment(s) and membership. Member opt-in is required to receive SMS. Please also refer to our Privacy Policy and Terms of Service.

By opting-in for the Text Message (SMS) service, you consent to receiving messages as described above.

Rocksbox Text Messages are opt-in. Members can opt-out by replying "STOP" at anytime.

Please be aware, certain text messages may be delayed or not received.

Rocksbox does not charge a fee for text messaging service. Standard messaging and data rates may apply, and we are not responsible for any charges from a person's service provider that may result from us providing this service.

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