TERMS AND CONDITIONSPLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using FOXville 43 (http://www.foxville43.com/), or any of the sub-domains of REVROCKET.us (collectively, the "Website"), you agree to be bound by these Terms and Conditions of Use ("Terms and Conditions"). If you do not agree to these Terms and Conditions, you may not access or use the Website or Services, which are further described below, and should immediately cease use. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Any modifications shall be effective immediately upon notice, which may be accomplished by posting the modified Terms and Conditions on the Website or via e-mail. Your use of the Website and/or Services following notice shall be deemed your acceptance of modifications. Continued access and use of the Website and/or Services shall be deemed your conclusive acceptance of the modified agreement. You should check the Terms and Conditions periodically for changes, regardless of whether you have reviewed them. These Terms and Conditions shall apply to all future owners, successors and assigns of REV ROCKET, LLC.
As a User of the Website, such as a buyer of a voucher, You agree to the following Terms and Conditions:
IntroductionWelcome to REV ROCKET, LLC. The Terms and Conditions set forth the agreement (“Agreement”) between REV ROCKET, LLC., together with any and all affiliates and subsidiaries, and any person or entity that directly or indirectly controls, is controlled by, or is under common control of REV ROCKET, LLC., whether by ownership means or otherwise, such as the owner of a sub-domain (collectively, "REVROCKET") and each use or buyer (collectively, "you" or "user"). The Terms and Conditions govern the use by you of this Website. REVROCKET and this Website are designed to provide users with information related to goods, services and vouchers, the ability to bid and/or purchase a good, services or voucher, and other related information.
Scope and General Information
By using this Website, you acknowledge and agree to be legally bound and to abide by the Terms and Conditions. If you do not comply with the Terms and Conditions, REVROCKET reserves the right, if applicable, to terminate your related user account and/or access to this Website or any part thereof. By not complying with the Terms and Conditions, you acknowledge and agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar further access to the Website, user account, and related information and files. Further, you agree that REVROCKET shall not be liable to you or any third-party for any termination, cancellation, or denial of your access to or use of our Website or user account.
When you receive a user account for our Website, subscribe and/or utilize one of our services, or perform similar activities, you must provide us with the requested information, which must be current, complete, and accurate information, as prompted by the applicable inquiry form. You acknowledge that by providing any information to REVROCKET that is untrue, inaccurate, not current, or incomplete, REVROCKET reserves the right to terminate your continued access, use of the Website, Services, and user account.
You agree to: maintain all equipment required for your access and use of the Website; maintain the security and confidentiality and other confidential information relating to your user account; and to be accountable for all charges and/or activities resulting from access and use of the Website and/or your user account, including unauthorized use prior to your notification of unauthorized use to REVROCKET as well as prevention of further occurrences of unauthorized use by changing your access information. You are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your user account. You agree to notify REVROCKET immediately of any unauthorized use of your account or any other breach of security. REVROCKET will not be responsible for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You may be held liable for any losses incurred by REVROCKET or another party due to someone else using your account.
Limited License; Use of Website and Services
REVROCKET grants to you a limited, non-exclusive, non-transferable right and license to access the Website and to use the Services provided thereon. REVROCKET services ("Services") shall include, without limitation, providing users with information related to goods, services and vouchers, the ability to bid and/or purchase a good, service or voucher, and other related information.
Eligibility RequirementsThe use of this Website is available only to individuals who can form legally binding contracts under the applicable law. Without limiting the foregoing, the Services are not available to minors or to temporarily or indefinitely suspended users of the Website. You must be 18 years of age to use this Website. If you do not qualify, please do not use the Services. In addition, your REVROCKET account and user ID may not transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
REVROCKET does not sell goods, services or vouchers for purchase by children. By using this Website (providing information, purchases), you represent to REVROCKET that you are 18 years of age or older. If you are under 18, you may use an REVROCKET Website only with the involvement of a parent or guardian. REVROCKET reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders for any reason.
User RegulationsYou agree to use this Website only for lawful purposes and that you are responsible for your use and communication on the Website. You are prohibited from posting or transmitting on or through this Website, including, but not limited to, any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, indecent, offensive, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, without limitation, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, infringes another’s intellectual property rights, or violates any local, state, national, or international law.
Further, in connection with your use of the Website, you acknowledge and agree that you will not access the Website by any means other than through the standard, industry-accepted or REVROCKET-provided interfaces. You acknowledge and agree that you will not impersonate any person or entity, including without limitation, an REVROCKET official or someone of similar position or falsely state or otherwise misrepresent your affiliation with a person or entity. You acknowledge and agree that you will not use the Website or the Services in a manner that adversely affects the normal operation or the availability of its resources to other users or any other user’s use and enjoyment of the Website or use the Website or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website or the Services in any manner that could damage, disable, overburden, or impair REVROCKET servers or networks or interfere with any other user's use and enjoyment of the Website and/or Services. You acknowledge and agree that you may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services. You acknowledge that you will not inquire or attempt to inquire, provide or attempt to provide, register or attempt to register, subscribe or attempt to subscribe any party to the Website or for any REVROCKET product or Service if you are not expressly authorized by the party to do so.
You acknowledge and agree that you will not copy, reverse engineer, reverse assemble, otherwise attempt to discover source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, commercially exploit, or transfer or sell any information, software, products, or Services obtained through the Website. You acknowledge that you will not infringe, upload, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You acknowledge and agree that you will not manipulate or otherwise display the Website and/or Services by using framing or similar navigational technology.
If REVROCKET is notified of allegedly infringing, defamatory, damaging, illegal, or offensive conduct by you, REVROCKET may temporarily deactivate the user's account, investigate the allegation, if applicable, remove any allegedly infringing, defamatory, damaging, illegal, or offensive language or image, and determine in its sole discretion whether to permanently remove the user from access to the Website and to deactivate the user's account. Further, REVROCKET may disclose any content or communication of any kind: (1) to satisfy any law, regulation, or administrative or governmental request; (2) if the disclosure is necessary or appropriate, to operate the Website; or (3) to protect the rights or property of REVROCKET, its users, or providers.
REVROCKET reserves the right to prohibit conduct, communication, or content that it deems in its sound discretion to be harmful to its users, the Website, or any rights of REVROCKET or any third party, or that may violate any applicable law. Notwithstanding the foregoing, neither REVROCKET nor its providers can prompt removal of questionable content after online posting. Accordingly, neither REVROCKET nor its providers shall assume liability for any action or inaction with respect to its users and/or conduct, communication, or content posted by its users or any third party.
User VerificationREVROCKET utilizes many techniques to identify our users when they register on the Website. However, because user verification on the Internet is difficult, REVROCKET cannot and does not confirm each user's purported identity. REVROCKET reserves the right to contact you directly by any and all means of communication that you leave to us at the time of registration.
Online VenueREVROCKET provides an online Venue. REVROCKET is not an Auctioneer. Although REVROCKET may be commonly referred to as an online auction website, it is important to realize that REVROCKET is not a traditional "auctioneer." Instead, the Website acts as a venue to allow anyone to purchase or bid on a good, service or voucher, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style bidding format. REVROCKET is not involved in the actual transaction between buyers and sellers. As a result, REVROCKET has no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. REVROCKET cannot and does not ensure that a buyer or seller will actually honor a transaction partially or completely.
Methods of PaymentAcceptable methods of payment are as follows:
* Visa and Mastercard
Product Orders/Purchase Information/Shipping Information
Prices and availability of the vouchers, products and services listed on this Website are subject to change without notice. The listing, description of, or reference to, a product or service on this Website does not imply that the product or service is presently available or that REVROCKET endorses that product or service. In the event that a voucher, product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, REVROCKET shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, REVROCKET shall promptly issue a credit to your credit card account in the amount of the incorrect price, and notify you of this occurrence.
Product Order AcceptanceYour receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of an offer to sell. REVROCKET reserves the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. REVROCKET reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service, with notice to you if this should occur, and a credit to your credit card if applicable.
Lost or StolenREVROCKET is not responsible for lost or stolen vouchers. Vouchers will not be replaced if stolen or redeemed by an unauthorized User, including use as a result of inaccurate or incomplete delivery information provided by the Buyer.
Credit Card Use / Billing StatementIf you wish to purchase vouchers, goods, services or auction items featured on this Website, you will be asked to supply certain information including credit card information. By making such a purchase, you agree to pay all charges (including any applicable shipping, handling and/or sales tax) incurred by users of your credit card.
Sales TaxWhere applicable, you will be charged sales tax on your purchase. This will be calculated at check out and is added to your total purchase price or bid. Even if you are not charged a tax, you may be responsible to pay a sales (or use) tax to your state of residence. This will be noted to you at the time of purchase. If it is, you as the purchaser are responsible for reporting and paying any and all applicable sales tax or use tax to your state of residence.
Shipping and HandlingAny and all shipping and handling charges are the sole responsibility of the user, bidder, or Buyer of the vouchers, goods, services or auction items featured on this Website. Any and all charges will be disclosed to you prior to your purchase.
Accuracy of InformationREVROCKET attempts to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. REVROCKET makes no warranty as to the completeness, accuracy, or timeliness of any information on the Website.
Some content contained on or provided on or through the Website or Services is supplied by third parties. REVROCKET neither endorses nor is responsible for the accuracy, completeness, or usefulness of the content. REVROCKET neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on or through the Website or Services by anyone other than any authorized REVROCKET representative.
Representation of Vouchers/Goods/Services for Sale
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
The voucher you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not FOXville 43, nor REVROCKET, is the seller of the goods and services and is solely responsible for redeeming any voucher you purchase. FOXville 43 sells a voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Vouchers
For this section, Restaurant shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of FOXville 43 vouchers.
Redemption frequency is determined by restaurants, and shall be contained in the voucher offer on FOXville 43.
Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the restaurant. Restaurant agrees to comply with all state laws pertaining to the same.
It is at the discretion of the restaurant to determine whether FOXville 43 vouchers can be combined with any other restaurant vouchers, third party certificates, coupons, or promotions.
Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
Valid for dine-in only unless otherwise stated.
The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
Neither the seller nor the restaurant is responsible for lost or stolen vouchers or restaurant voucher reference numbers.
Reproduction, sale or trade of this Restaurant-Specific Voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
Void to the extent prohibited by law.
The FOXville 43 offer (including, but not limited to, any discounts) expires on the date specified on the FOXville 43 voucher, except that the Merchant may continue to redeem the unused cash value you paid for the FOXville 43 (which is usually less than the original face value of the FOXville 43) to the extent required by applicable law. See Section 3 below for a more detailed explanation.
If you redeem the voucher for less than its face value, you will not be entitled to a credit, cash or new voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the voucher exceeds the amount you redeemed.
All purchases of vouchers for Restaurants may have statutory limitations on the amount of the voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing vouchers for Restaurants in Ohio, the redemption of the FOXville 43 voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. FOXville 43’s sole role in the transaction is as a marketing agent for the Merchant voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and FOXville 43 has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
Merchant Voucher may be applied only to merchandise sold by merchant, and may not be applied to shipping or handling charges.
Limit one (1) voucher per redemption. Only one voucher can be used per order unless otherwise specified by merchant.
The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
Neither the seller nor the merchant is responsible for lost or stolen voucher or voucher's reference number.
Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by merchant.
Reproduction, sale or trade of this voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with these terms and conditions will render the voucher null and void.
Void to the extent prohibited by law.
The FOXville 43 offer (including, but not limited to, any discounts) expires on the date specified on the FOXville 43 voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the FOXville 43 (which is usually less than the original face value of the FOXville 43) to the extent required by applicable law. See section 3 for a more detailed explanation.
3. Additional Terms and Conditions for All FOXville 43 Products
All vouchers printed from the FOXville 43 website or any website associated with FOXville 43 are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of FOXville 43 and the participating Restaurant or merchant. The Merchant is the seller of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the restaurant. The holder and issuer of a Merchant Voucher is the merchant. As a holder and issuer of the Voucher, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective states in which you purchased your voucher, and in which you wish to redeem your voucher at the Merchant, the Merchant is responsible for allowing you to redeem your voucher for the cash value based on the money you actually paid for your voucher (i.e. if you paid $20 for a voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the voucher. While the expiration date on the voucher dictates the last date that you can use your voucher at Merchant for the promotional offer which is stated on the voucher, state laws (which vary state-by-state, and which are generally made available by each State on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your voucher for a period of time beyond the expiration date stated on the voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of FOXville 43, as FOXville 43 is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.
Buyer agrees to indemnify and hold REVROCKET harmless from any liability, loss, costs, damage or expense, including attorney’s fees that may arise either directly or indirectly from the sale and purchase of the goods, services, or vouchers. Please see the Section on INDEMNIFICATION.
Additional Terms and Conditions for Users/BuyersUser/Buyer understands and agrees that it may not retract any bids to purchase a good, service or voucher via the Website without REVROCKET's express written permission. The submission of a bid for a good, service or voucher by (or on behalf of) Buyer automatically becomes a legally binding contract to purchase the voucher from the Seller at the price and on the terms bid by (or on behalf of) Buyer.
By clicking the "I agree" check box and the "Make a Bid" button, you, or someone on behalf of you, are agreeing to all of the policies, Terms and Conditions of such Purchase Terms and agree that each REVROCKET sale transaction you engage in will be governed by such Terms and Conditions. The Purchase Terms will be enforceable against you like any written negotiated agreement signed by you. If you do not agree to the Purchase Terms, do not click the "I Agree" checkbox.
Buyer further agrees not to participate in or encourage separate or side deals with Sellers. By agreeing to these Terms and Conditions and utilizing the Website and Services, Buyer agrees not to encourage or participate in any deals pertaining to the goods, services, or vouchers listed on the Website outside of those regulated by REVROCKET.
You represent and warrant that you have all rights necessary to purchase the goods, services, or vouchers for which you submit bids within the Website marketplace, and that these purchases, as contemplated by this Agreement will not violate any applicable law, rule or regulation. You will indemnify and hold REVROCKET harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties.
Buyer or seller assume ALL liability for the GOOD, SERVICE, OR PROMOTIONAL VOUCHER DURING THE TRANSFER OF POSSESSION OF THE GOOD, SERVICE, OR PROMOTIONAL VOUCHER, including, but not limited to, the TRANSFER of the GOOD, SERVICE, OR PROMOTIONAL VOUCHER from the seller to the buyer. ONCE THE ITEM HAS BEEN PRINTED OR DOWNLOADED BY THE BUYER AND IS IN THE POSSESSION OF THE BUYER, LIABILTY WILL THEN TRANSFER TO THE BUYER FROM THE SELLER AND THE BUYER WILL BE RESPONSBILE FOR THE GOOD, SERVICE, OR PROMOTIONAL VOUCHER. AT NO TIME DURING the TRANSFER OF OWENRSHIP AND POSSESSION OF the GOOD, SERVICE, OR PROMOTIONAL VOUCHER, SHALL REVROCKET BE HELD LIABLE.
Intellectual Property Rights
This Website contains material that is protected by United States copyright, trademark, trade secret, and other intellectual property laws, and by international treaty provisions. All rights not specifically granted to you herein are reserved to REVROCKET and to any third party with ownership rights in this Website.
You acknowledge and agree that the Website and Services contain proprietary and confidential information, including without limitation, all website design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, sound, software, and other related content. REVROCKET owns all trademarks used in connection with the Website, and no license to use any such trademarks is provided hereunder. The look and feel of the Website, including without limitation its color combinations, logos, button shapes, and other graphical elements, also are REVROCKET trademarks. You further acknowledge and agree that the selection, arrangement, and use are the exclusive property of REVROCKET, its licensors, or third party owners and may be protected by state, national, and international intellectual property and other laws. All rights are reserved to their respective intellectual property owners. REVROCKET and its licensors enforce proprietary interests to the fullest extent permitted under the law and shall seek civil and criminal remedies where appropriate.
The materials found on the Website are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Website are copyright © November 01, 2006, REV ROCKET, LLC. Permission is granted to view and print materials from this Website for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this Website, whether in electronic or hard copy form, without the express prior written permission of IS Consulting, Inc., is strictly prohibited.
Any other use of materials on this Website, including without limitation, reproduction, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of REVROCKET is unauthorized.
You may not remove any proprietary notice of REVROCKET or any other party from the Website. All logos, page headers, custom graphics, and icons are service marks, trademarks, and/or copyrighted works of REVROCKET and its licensors. All other trademarks, service marks, product names, and company names or logos that appear on the Website are the property of their respective owners.
REVROCKET has no obligation whatsoever to monitor any of the content on the Website. However, you acknowledge and agree that REVROCKET has the absolute right to monitor at our sole discretion. In addition, REVROCKET reserves the right to alter, edit, refuse to post, or remove any content, in whole or in part, for any reason and to disclose materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process, or governmental or administrative request and to protect ourselves and our clients, sponsors, users, and visitors.
DisclaimersREVROCKET is providing this Website and its contents and the Services, information, and products provided on or through this Website or any Linked Site on an "as is" and "as available" basis, without any warranties of any kind, either express, implied, or statutory, including without limitation, warranties of title, infringement, merchantability, or fitness for a particular purpose, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Further, REVROCKET makes no representations or warranties of any kind as to an uninterrupted, error-free, or secure use of this Website, including without limitation, that the Website will operate; that defects on this Website will be corrected; that any of the information, content, materials, or products included or listed on this Website are accurate, reliable, or complete; or that any software, services, sites, or servers on which the services and sites are hosted are free of viruses or other harmful components. REVROCKET expressly disclaims ALL REPRESENTATIONS and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose, and non-infringement. REVROCKET does not warrant that the Website, files, information, or products available on the Website will be free from corrupted data, computer viruses, or similar destructive or contaminating code. No oral or written statements by REVROCKET will create any warranty not expressly set forth herein. Use of this Website and any Linked Site is at your sole risk.
REVROCKET is not responsible for any product or service sold on or through this Website or any claims of quality or performance made on or through this Website or any Linked Site. You are advised that other websites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights, or otherwise unlawful. REVROCKET expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, products, or services that appear on this Website, any Linked Site, or any other website.
REVROCKET does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities that appear or are linked to this Website, unless that fact is expressly stated.
Limitation of LiabilityREV ROCKET, LLC. AND ANY AND ALL OF ITS AFFILIATES, SUBSIDIARIES, SUB-DOMAINS AND ANY PERSON OR ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL OF REV ROCKET, LLC., WHETHER BY OWNERSHIP MEANS OR OTHERWISE, (COLLECTIVELY, “REVROCKET” IN THIS SECTION) SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO, WITHOUT LIMITATION: (i) THE USE OR INABILITY TO USE THIS WEBSITE; (ii) ANY CONTENT CONTAINED ON THE WEBSITE, LINKED SITES, SERVICES, AND/OR INFORMATION CONTAINED THEREIN; (iii) INFORMATION, STATEMENTS, OR CONDUCT POSTED OR OTHERWISE CONTAINED ON THE WEBSITE THAT IS INCORRECT OR INACCURATE; (iv) INFORMATION, STATEMENTS, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS, DATA, NETWORK ID, OR USER ACCOUNT INFORMATION; (vi) ITS POSITION AS THE PROVIDER OF THE WEBSITE, WHICH IS NOT AS A PUBLISHER OF INFORMATION; (vii) ANY PRODUCT, SERVICE, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE; (viii) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE SERVICES; (ix) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE SERVICES; OR (x) ANY OTHER MATTER RELATING TO THIS WEBSITE, ANY LINKED SITE, OR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REVROCKET AND THE USER. PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. AS LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN SUCH STATES.
Notwithstanding the foregoing, in no event shall REVROCKET'S total liability to you for any reason, damages, losses, or causes of action exceed the amount paid by you, if any, for using the Website and any of its information, products, or services.
IndemnificationUpon request by REVROCKET, you agree to indemnify, defend, and hold harmless REVROCKET from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable attorneys' fees, resulting from, arising out of, or relating to your use of or conduct on the Website, any activity, information, or material that you submit to, post on, or transmit on or through the Website; any activity, information, or material related to your user account; your violation or breach of these Terms and Conditions; your infringement or breach of these Terms and Conditions; your infringement or violation of any rights of another; or termination of your access to this Website, and/or user account.
Your indemnification obligation shall survive the termination of this Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with REVROCKET in connection with our defense.
No AgencyYou and REVROCKET are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Domestic UseREVROCKET controls the Website from its office in the United States. We make no representations that the Website, including without limitation, any products or services available on, from, or through the Website, are appropriate or available for use in other locations. You acknowledge and agree that you will not access the Website from any territory in which its contents are illegal. Users of the Website outside of the United States do so at their own risk and individually and entirely bear the responsibility for compliance with local laws.
Applicable Law; JurisdictionThe Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Alabama without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Alabama and further agrees that any cause of action arising from or relating to the use of this Website or the Terms and Conditions shall be brought exclusively in federal or state courts in Alabama.
General Arbitration PolicyPursuant to this Agreement, and with the prior agreement of REVROCKET, any claim, dispute, or controversy arising or concerning this Website and/or the performance or interpretation of this Agreement shall be submitted to binding arbitration. Arbitration shall be conducted in such forum and pursuant to such rules as the parties agree upon, and failing agreement shall be conducted by one arbitrator in the state and county in which REVROCKET is located who is knowledgeable about wholesaling, retailing and purchasing and sale of consumer note and installment note contacts, pursuant to the commercial arbitration rules of the American Arbitration Association that are in effect on the date of the notice to arbitrate. Discovery shall be allowed in such proceeding according to the federal rules of civil procedure and the decision of the arbitrator shall contain findings of fact and conclusions of law. Any decision rendered in such an arbitration proceeding shall be final, binding and conclusive upon all parties involved as well as any award of the arbitrator. This provision shall be specifically enforced by a court of competent jurisdiction.
WaiverA waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
SeverabilityIf any term or provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason, unenforceable by a court of competent jurisdiction, that term or provision shall be construed to reflect the parties' original intent, and the validity and enforceability of any remaining provisions shall not be affected.
Entire AgreementThe Terms and Conditions constitute the entire and only agreement between REVROCKET and each User of this Website and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this Website.
MiscellaneousThe failure of REVROCKET to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of any term and shall not be considered a waiver or limit REVROCKET's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. The "Disclaimers," "Limitation of Liability," and "Indemnification" provisions of this Agreement are for the benefit of REVROCKET, and REVROCKET shall have the right to assert and enforce these provisions directly against you on its own behalf.
Additional AssistanceIf you have any questions or concerns about the REV ROCKET, LLC. Terms and Conditions of Use or its implementation please contact us via email at help@REVROCKET.us
UTILIZATION OF THE WEBSITE SIGNIFIES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT USE OUR WEBSITE.