TERMS AND CONDITIONS OF USE

Effective date: March 7, 2022

Thank you for visiting the Rocket Stores website, www.rocketstores.com, and our mobile application (collectively, the “Site”) owned and operated by APRO, LLC (“us,” “we,” “our”).  You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”) which govern your access to and use of this Site.

Use of this Site

By using this Site, you and other users of the Site agree to these Terms.  If you do not agree to these Terms, you may not access or use the Site.  We may modify the Terms from time to time without notice to you.  You should check these Terms periodically for modifications.  The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site.  We include the effective date of our Terms at the top of the statement.  We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them.  If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site.  By using the Site following any modifications to the Terms, you agree to be bound by such modifications.  

We provide you with access to and use of the Site subject to your compliance with the Terms.  No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Terms.

User age and access.  By submitting information through this Site you represent that you are a United States of America resident over the age of 18.  

License.  The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission.  We grant you a personal, non-exclusive, non-transferable license to access our Site and to use the information and services contained here.  In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.

Rules and Limits on and Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so.  We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.  We have the right to change these rules and/or limitations at any time, in our sole discretion. 

Specific Prohibited Uses.  

The Site may be used only for lawful purposes by individuals using our authorized services.  You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. We specifically prohibit any use of the Site, and require all users to agree not to use the Site, for any of the following:

·      Posting any information which is incomplete, false, inaccurate or not your own;

·      Impersonating another person; 

·      Advocating or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

·      Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

·      Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

·      Posting material that infringes on any other intellectual property, privacy or publicity right of another;

·      Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; 

·      Attempting to interfere in any way with the Site’s or our networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

Security Rules.  

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.  You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

·      Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

·      Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

·      Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or

·      Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Privacy Policy; User Information

In the course of your use of the Site, you may be asked to provide certain information to us.  Our use of any information you provide via the Site shall be governed by our Privacy Policy available at www.rocketstores.com/privacy.  We urge you to read our Privacy Policy.  You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

International Use

We control and operate the Site from our offices in the United States of America, and all information is processed within the United States.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Proprietary Rights

As between you and us, (or other company whose marks appear on the Site), APRO, LLC (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part.  Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us.  You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by us.  If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, or any other intellectual property by including them on the Site.

The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of APRO, LLC or other entities.  Such trademarks, service marks and trade names may be registered in the United States and internationally.

The APRO, LLC and Rocket logos and service names are our trademarks (the “Marks”).  Without our prior permission, you agree not to display or use the Marks in any manner.  Nothing on the Site should be construed to grant any license or right to use any of the Marks without our prior written consent.

Copyright Complaints

We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights.  If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent: Director of Regulatory Affairs and Compliance, stephanie.ferguson@unitedpacific.com

It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers. 

Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

Links from and to the Site

You may be able to link to third party websites (“Linked Sites”) from the Site.  Linked Sites are not, however, reviewed, controlled, or examined by us in any way and COMPANY is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein.  These links do not imply our endorsement of, or association with, the Linked Sites.  It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon.  In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.  You should direct any concerns to that site’s administrator or Webmaster.  We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.

Permission must be granted by us for any type of link to the Site.  To seek our permission, you may write to us at the address below.  We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.

Indemnity

You agree to defend, indemnify and hold APRO, LLC, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WEDO NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.  

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE.  WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES THAT OCCURS WITHOUT OUR DIRECT INVOLVEMENT.  

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER  APRO, LLC, NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

Special Notice to Mobile Application Users

With respect to each mobile application we make available for downloading (each an “App”), by taking the required steps to download the App or create an Account on the App, you are expressly agreeing that you have read, understand and agree to be bound by these Terms and any updates or amendments to these Terms. Check these Terms in the App or online periodically to access our most current Terms.  To use the App you must have a mobile device that is compatible with the mobile service. We do not warrant that the App will be compatible with your mobile device.  In addition, the App requires the Internet to function properly.  We are not responsible for the availability or quality of Internet service during your use of the App.  With respect to each instance in which you download an App, we hereby grant you a non-exclusive, non-transferable, non-assignable, revocable license to use an object code copy of the App for one registered Account owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that the law expressly prohibits such a limitation on you; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; (v) delete the copyright, trademark and other proprietary rights notices on the App; or (vi) create another app to sniff, phish, scrape, or otherwise monitor the App unless allowed by the platform for all apps on the Android and iOS platforms. You acknowledge that we may, from time to time, issue upgraded versions of the App, and may, depending on your device settings, automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms, as may be revised from time to time, will apply to all such upgrades. You further understand and agree that, if the App on your mobile device is not upgraded, either automatically or manually by you, following the release of an upgraded version of the App, you may be unable to access, utilize or otherwise take full advantage of features, functionality, patches, offers, discounts or rewards enabled by the upgraded version of the App.  Similarly, you acknowledge and agree that some updates may not support older model devices resulting in the App no longer working on your device.  We shall have no liability to you with respect to your continued use of the App if not upgraded upon release of a new version or your inability to use the App following such an upgrade. The foregoing license grant is not a sale of the App or any copy thereof, and we and our third party licensors or suppliers retain all rights, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.  Your use of any App may also be governed by the terms and policies of your mobile network provider, the app store from which you download the App, your device manufacturer or operating system/software provider, and credit card or third party payment provider.  Use of an App may transmit data concerning your use of the App to Company or to third parties such as your payment provider.  This information may include geolocation data (where you are and where Company retail stores are located) or payment data.  

Special Terms for Payment via App.  The App may now or in the future enable wireless payment through the App for purchases made at our physical locations, such as at our stores, gas stations and other locations. You must be at least 18 years of age to use this service. By opting in to this service, you understand and agree that the App will utilize the wireless capability of the mobile device(s) on which you have installed the App to communicate automatically with one of our point of purchase payment devices, such as a cash register, whenever your mobile device is in proximity to that payment device.  Upon downloading the App or at opt-in to use of the payment function, you will be given the opportunity to link a credit card or other payment method to your Account.  By doing so, you authorize all transactions made via the App using your mobile device and authorize us to charge your selected payment method in the amount of each such transaction.  You are responsible for all use of the App via your mobile device, including unauthorized transactions.  If your mobile device is lost or stolen, notify your credit card company or other payment provider immediately.  If you believe there is an error in your billing or unauthorized access to your Account, please contact customer service at: customerservice@rocketstores.com.

Special Terms for Apple Users. Users of our Apps acknowledge that they have reviewed and agree to the terms of the online app marketplace from which they have downloaded the App.  The following additional terms and conditions apply with respect to any App that Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

·      You acknowledge that these Terms are between you and us only, and not with Apple, Inc. (“Apple”).

·      Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.

·      We, and not Apple, are solely responsible for our iOS App and the services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

·      You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of our  iOS App.

·      You agree that we, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

·      You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

·      You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).

·      You and we agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of our iOS App as a third party beneficiary thereof.

Geo-Location Terms.  The services we provide may use your location to enable certain features of the services.  For our Apps, you can disable this feature in your device’s settings. In addition, you can use browser settings, such as private browsing, to control use of your location data when accessing one of our Sites. The services may include and make use of certain functionality and services provided by third parties that allow the services to include maps, geocoding, places and other Content from those third parties as part of the services (the “Geo-Location Services”). Your use of the Geo-Location Services may be subject to such third parties’ terms of use.

Applicable Law/Jurisdiction 

You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms.  Please note that your use of the Site may be subject to other local, state, national, and international laws.  

You expressly agree that exclusive jurisdiction for resolving any claim or dispute with APRO, LLC or relating in any way to your use of the Site resides in the state and federal courts of Los Angeles County, California and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Los Angeles County, California. 

Consent to Processing

By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.  Any inquiries concerning these Terms should be directed to: customerservice@rocketstores.com.

Notices

Notices to you may be made via either email or regular mail.  The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.   

Contacting Us

To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please go to Contact Us or write to us at Rocket Stores, 4130 Cover St., Long Beach, CA 90808 or email us at customerservice@rocketstores.com.

General Information

The Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us.  You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.  

You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to us or the Site must be commenced within one (1) year after the claim or cause of action arose.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.  

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.  

The Terms inure to the benefit of our successors, assigns and licensees.  The section titles in the Terms are for convenience only and have no legal or contractual effect.

 © Copyright 2022 by APRO, LLC.  All rights reserved.