ROCKIT UTILITIES INC.
Effective as of July 1st, 2014
This agreement applies to the Rockit Utilities Inc. (referred to herein as “Rockit Utilities Inc.” “we” or “us”) website located at http://www.thehandie.com and all associated sites linked to the foregoing by Rockit Utilities Inc., its subsidiaries and affiliates, including Rockit Utilities Inc. sites around the world (collectively, the “Site”). The Site is the property of Rockit Utilities Inc. and its licensor.
a. “Affiliate” means any business entity with which Rockit Utilities Inc. has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.
b. “Content” means any intellectual property, data, or communications Transmitted by Rockit Utilities Inc., Users, or Third Parties via the Site including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.
c. “Customer” means a User who has purchased a product.
d. “Customer Account” means a Customer who has opted to create a unique account on the Site in order to store their Customer Data and allow the Site to provide additional services.
e. “Customer Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to purchase a product.
f. “Rockit Utilities Inc. Content” means Content generated by Rockit Utilities Inc
g. “Rockit Utilities Inc. Technology” means the past, present and future intellectual property comprising the Site, including, but not limited to, all software, code processes, algorithms, user interfaces, know-‐how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Rockit Utilities Inc. Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Site and the Site itself, including, but not limited to, the selection, sequence, “look and feel”, and arrangement of items on the Site, and all Rockit Utilities Inc. trademarks, domain names, patents, and other intellectual property.
h. “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
i. “User” means an individual who accesses and/or uses the Site.
j. “User Content” means any Content Transmitted by Users.
k. “Your Content” means any Content You Transmit via the Site.
II. Age Requirement
THE SITE IS NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
Rockit Utilities Inc. or an Affiliate may modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications.
V. Personal Non-‐Commercial Use Only
The contents of the Site are intended for the personal, noncommercial use of its users. All materials published on the Site (other than User Content) (including, but not limited to articles, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Site (collectively, the “Rockit Utilities Inc. Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Rockit Utilities Inc. or its licensors, software or other materials. Rockit Utilities Inc. grants You a limited, personal, non‐exclusive, non‐transferable, freely revocable license to access and/or use Rockit Utilities Inc. Content and Rockit Utilities Inc. Technology that is on the Site for Your personal use. Furthermore, Rockit Utilities Inc. grants You a limited, personal, non‐ exclusive, non‐transferable, freely revocable license to Transmit Rockit Utilities Inc. Content provided via the Rockit Utilities Inc. Technology provided in these sections of the Site.
You may not use the Site for any other purpose without Rockit Utilities Inc. express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity (“Person”) to (i) take Rockit Utilities Inc. Content from the Site and reformat and display said Rockit Utilities Inc. Content, or mirror and/or frame any pages of the Site or any portion thereof on any other website (whereby the Site or a portion thereof will appear on a user’s screen with a portion of another website, or with content or advertising of any Person without Rockit Utilities Inc. prior written consent); (ii) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; (iii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (iv) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any Rockit Utilities Inc. Content on the Site; or (v) Co-brand the Site or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the website the impression that such the Person is associated or affiliated with Rockit Utilities Inc., or has the right to display, publish, transmit or distribute the Site or content accessible within the Site. In addition, You may not and may not authorize any Person to link to any part of the Site without Rockit Utilities Inc. prior written consent. You agree to cooperate with Rockit Utilities Inc. in causing any unauthorized activity set forth above to immediately cease. You may not take any action that violates the Terms. Furthermore, You may not, under any circumstances, (a) modify the information on the Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another Person. In addition, you may not use any meta tags or any other “hidden text” utilizing Rockit Utilities Inc. or its licensor’s name or trademarks without the express prior written consent of Rockit Utilities Inc.
Illegal and/or unauthorized uses of the Site, including collecting Customer and/or Membership Data, or other personally identifiable information of Customers and/or Members by electronic or other means, or the sending unsolicited e-‐mail, unauthorized framing of or linking to the Site, or any other use not expressly permitted in the Terms will be investigated, and legal action may be taken, including, without limitation, termination of Your Customer Account as well as civil, criminal, and injunctive redress. In addition to the above restrictions, You may not authorize, enable, or otherwise grant to any other person, organization, company, or business access to Customer Account or other Content posted on or through the Site for the purpose of extracting such information.
You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to Rockit Utilities Inc., we will be entitled to liquidated damages in the amount of $50,000. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of Rockit Utilities Inc. actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you.
VI. Digital Millennium Copyright Act Policy Rockit Utilities Inc. respects the intellectual property of others, and we ask that You, Users, and Customers and to the Site do the same.
If You believe that one of our Customers or Users is, through the use of one of Our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed from Our Site(s), the following information in the form of a written notification (pursuant to 17 U.S.C. – 512(c)) must be provided to Rockit Utilities Inc. designated Copyright Agent:
- Identification of the copyrighted work(s) that You claim to have been infringed
- Identification of where the infringing material is located on Rockit Utilities Inc. Site
- A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law
- A statement that the information in the notification is accurate, and that under penalty of perjury, You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner
- Your address, telephone number, and e-mail address
- Your physical or electronic signature
VIII. Please note that pursuant to 17 U.S.C. – 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Rockit Utilities Inc. in connection with the written notification and allegation of copyright infringement.
IX. 18 U.S.C. 2257 Compliance Notice
In compliance with United States Code, Title 18, Section 2257, all of the models, actors, and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in the following Website were over the age of eighteen years at the time of the creation of such depictions.
All visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-‐sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the following custodian of records:
Rockit Utilities Inc.
X. Access and Availability of Services and Links
The Site may contain links to other websites operated by persons or entities other than Rockit Utilities Inc.. The links are provided as a resource only and the links may redirect You off of the Site to a third party website. Interactions and/or transactions that occur between You and any such third party are strictly between You and that third party and are not the responsibility of Rockit Utilities Inc.. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Rockit Utilities Inc. does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or webmaster of the third party website. By offering links, Rockit Utilities Inc. is not implying that it endorses anything contained on those third party websites or has any association with the operators of the third party websites.
XI. Changes to the Site Rockit Utilities Inc. may discontinue or change any Content, service, function, or feature at any time with or without notice.
- Representations and Warranties; Disclaimer of Warranties
- You represent, warrant and covenant (1) that no materials of any kind submitted by You or through Your account, or Rockit Utilities Inc. use thereof in accordance with the terms and conditions of this Agreement, will (A) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (B) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (C) constitute false or misleading indications of origin or statements of fact; (D) slander, libel or defame any person or entity; or (E) cause injury of any kind to any person or entity; and (2) that You are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
- Rockit Utilities Inc. makes no representation that the Content on the Site is appropriate for access outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws.
- Rockit Utilities Inc. neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site by any User, information provider or any other person or entity. THE SITES, THE PRODUCTS AND ANY MATERIALS PROVIDED BY ROCKIT UTILITIES, LLC OR THIRD PARTIES THROUGH THE SAME ARE PROVIDED “AS IS.” ROCKIT UTILITIES INC. MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY), CONDITIONS, GUARANTIES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. ROCKIT UTILITIES INC. DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. ROCKIT UTILITIES INC. MAY CHANGE ANY INFORMATION OR CONTENT FOUND ON THE SITE AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO UPDATE ANY INFORMATION OR CONTENT FOUND ON THE SITE.
- You hereby acknowledge that the use of the Site and the Content available thereon is at Your sole risk.
XIII. Product Representations and Descriptions
Products are described and represented as accurately as possible so Users/Customers understand the products they are viewing and purchasing. No guarantee is made regarding color representation as color may vary due to computer monitors, software, hardware and internet connections. In the event of a typographical error, pictorial error, technical error or other inaccuracy, Rockit Utilities Inc. reserves the right to make improvements, corrections or changes without notice. Rockit Utilities Inc. reserve the right to change formulation or packaging at any time without notice. Rockit Utilities Inc. reserves the right to change pricing without notice.
XIV. Medical and Legal Disclaimer
The information, services, commentary, Content and products on the Site are not intended to replace consultation with a healthcare provider, mental health professional or lawyer. The information on the Site should not be relied upon to diagnose or treat any ailment or condition or to answer any legal question. All information, services, commentary, Content and products on the Site is for general informational purposes only. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.
XV. For Novelty Use Only
All products sold by Rockit Utilities Inc. are for novelty use/purposes only. Rockit Utilities Inc. does not incur or take any responsibility for personal usage of any product sold or obtained from the Site. Customers must read any literature included with the products sold on the Site for usage information.
XVI. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ROCKIT UTILITIES, LLC, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-‐PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-‐PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH ROCKIT UTILITIES, LLC, EVEN IF ROCKIT UTILITIES INC. OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ROCKIT UTILITIES INC. AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).
USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby agree to indemnify, defend and hold Rockit Utilities Inc., its affiliates and their respective officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of (a) Your Content, and/or (ii) any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Rockit Utilities Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement which affects the rights of Rockit Utilities Inc. without Rockit Utilities Inc. prior written approval.
The failure of Rockit Utilities Inc. to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of Rockit Utilities Inc..
XIX. Governing Law
The Terms have been made in and shall be construed and enforced in accordance with the laws of the State of California without regard to any conflict of law provisions.
XXI. Dispute Resolution
You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in Pasadena Los Angeles County, California,. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Attorney fees associated with the mediation shall be paid by the respective parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in Psadena Los Angeles County, California. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for Pasadena Los Angeles County, California. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
XXII. Attorney Fees
If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by Rockit Utilities Inc. without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Terms create no agency, partnership, joint venture, or employee-‐employer relationship between You and Rockit Utilities Inc. unless otherwise noted in writing by Rockit Utilities Inc..
XXVIII. Contact Information Any comments, complaints, or requests for further information can be directed to:
Rockit Utilities Inc.
5718 Lindley Ave Encino CA 91316
Hours: from 10am to 10pm PST
In accordance with California Civil Code Section 1789.3, California Residents may also direct any complaints to the Complaint Assistance Unit of the Division of Consumer Services of The California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-‐5210
XXIX. Copyright Notice
Copyright © Rockit Utilities Inc.. All rights reserved. All materials found on any the Site are protected by United States and international copyright laws and treaty provisions and may not be reproduced, copied, edited, published, transmitted, uploaded, distributed, publicly performed or otherwise used in any manner, except with the prior express permission of Rockit Utilities Inc.. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided herein. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted herein is a violation of Rockit Utilities Inc. copyright and/or other proprietary rights. The use of any materials from the Site on any other website or networked computer environment is prohibited.
THE HANDIE, , and all associated logos and designs are trademarks or registered trademarks of Maxx Padilla, used under license, all pending or registered in U.S. Patent and Trademark Office. You may not use our logos or trademarks as a “hot” link to any other site unless the establishment of such a link is approved by Rockit Utilities Inc. in advance and in writing.