RokitNow (the “Company”) is committed to maintaining a valuable service both to users and our clients.
For purposes of this Agreement, “Services” refers to the Company’s services which include, but are not limited to, our websites, our mobile application, texting or calling phone numbers we manage, and other applications and services we provide. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Services.
We provide Services on behalf of our clients (collectively "Clients" or "Client") so that they may communicate or transact with you using our Services or independently of our Services. The following Terms of Service apply when you view or use our Services. Please review the following terms carefully. By accessing or using our Services, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use our Services.
Our Services allow you and our Clients to communicate with each other. This may include, but is not limited to, communication via text message, submitting a request to be contacted via text message, phone call, or email using a website form, and other forms of communication.
You need to be at least 13 years old and a resident of the United States to use our Services. You agree that you will not under any circumstances
You understand and agree that any liability, loss or damage that occurs as a result of the use of any our Services is solely your responsibility. The Company is not responsible for any public display or misuse of your communications through our Services. The Company does not, and cannot, pre-screen or monitor all correspondence and interactions. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
For contractual purposes, you (a) consent to receive communications from us or our Clients that is consistent with the law; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that the Company or our Clients provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may opt out of such communication by various means, one of which, but is not the only way to opt out, by sending STOP or QUIT in a text message.
As part of our Services, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to you and our Clients. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from our Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services or relating to any applications you use or install from the site.
By posting any content via our Services, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such content and your name, voice, and/or likeness as contained in your content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our Services.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to our Services, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on our Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
OUR SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF OUR SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE OUR SERVICES; (C) OUR SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE OUR SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the from time to time to view any such changes in the Agreement. If you continue to use our Services, you signify your agreement to our revisions to these Terms of Service. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service and your use of our Services are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.
If you have any questions regarding this Terms of Services or the practices of our Services, please contact us by sending an email to [email protected]
Last Update: February 24, 2016