Terms of Use

Date of last revision: January 09, 2015

Please read these Terms of Use carefully before using the ROCKANDRHINO LLC website. ROCKANDRHINO LLC authors, hosts and maintains the rockandrhino.com website. All email newsletters published by ROCKANDRHINO LLC including on behalf of our authors; all apps published by ROCKANDRHINO LLC and all other interactive features, services, and communications provided by ROCKANDRHINO LLC, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by ROCKANDRHINO LLC (collectively, “ROCKANDRHINO LLC” or “we”, “us”, or “our”). WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. This is a legal agreement between you (“you” or “user”) and ROCKANDRHINO LLC that states the material terms and conditions that govern your use of the site. This agreement, together with all updates, supplements, additional terms, and all of ROCKANDRHINO LLC rules and policies collectively constitute this “Agreement” between you and ROCKANDRHINO LLC. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS SITE.

Copyright and Ownership: The site owned and operated by ROCKANDRHINO LLC and its affiliates and vendors. All of the content featured, displayed or offered for sale on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software and any other content (“Content”), is owned and/or used with permission by ROCKANDRHINO LLC, its licensors, vendors and/or its content providers. All elements of the site, including but not limited to the general design and the Content, are protected by copyright, moral rights and other laws relating to intellectual property rights. The site may only be used for the intended purpose for which such Site is being made available. Except as may be otherwise indicated in specific documents within the site, you are authorized to view, play, print and download documents, audio and video found on our site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the site. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the site. The site, its Content and all related rights shall remain the exclusive property of ROCKANDRHINO LLC and its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the site.

Links to Third Parties & No Endorsement: The site contains links to other web sites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by ROCKANDRHINO LLC of, or any affiliation with, or endorsement by, the owner of the linked site. ROCKANDRHINO LLC is not responsible for the contents or use of any linked site, or any consequence of making the link. The site may also include a tool that allows you to sign in or register using information from your account with a third party service, such as PayPal, Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third party services are unrelated to the site, and your use of such third party services is subject to the terms and policies of those services. You shall not use ROCKANDRHINO LLC’s name or any language, pictures or symbols which could, in ROCKANDRHINO LLC’s judgment, imply ROCKANDRHINO LLC’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Fees: For all charges for any products and services sold on the site, ROCKANDRHINO LLC or its vendors or agents will bill your credit card or through an alternative payment method. When you provide credit card information to us or our vendors, you represent to us that you are the authorized user of the credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse ROCKANDRHINO LLC and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the site.

User Submissions: Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such content (e.g. user generated content, postings to forums, comments on content, participation in communities, etc.) to ROCKANDRHINO LLC that they have created for consideration in connection with the site and any related programs (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting your content on the site, you expressly grant ROCKANDRHINO LLC a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and ROCKANDRHINO LLC shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

All User Submissions must comply with any additional guidelines posted on the site, as applicable. User Submissions do not represent the views of ROCKANDRHINO LLC or any individual associated with ROCKANDRHINO LLC, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, ROCKANDRHINO LLC’s endorsement of User Submissions. ROCKANDRHINO LLC does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the site. Through your use of the site, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the site, you assume all associated risks.

Account Registration and Security: If you decide to register as a member of the site, you may receive or establish one or more user names, passwords and accounts. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ROCKANDRHINO LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ROCKANDRHINO LLC has the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and site. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).

Representations and Warranties: You shall be solely responsible for your own User Submissions, your use of your registration and the consequences of posting or publishing or participating in the site. In connection with User Submissions and your use of the site, you affirm, represent and warrant the following: (i) you are over the legal age to contract (or your parent or guardian has consented to your User Submission and your use of the site) and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the site and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of this agreement; (v) the User Submission and ROCKANDRHINO LLC’s use thereof as contemplated by these Terms of Use and the site will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm ROCKANDRHINO LLC or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

Termination: ROCKANDRHINO LLC may suspend or terminate any user’s access to all or any part of the site including any account thereon, without notice, for any reason in ROCKANDRHINO LLC’ sole discretion, including without limitation ROCKANDRHINO LLC’ belief that such access would violate any applicable law or would be harmful to the interests of ROCKANDRHINO LLC or another user. Upon termination, you will lose access to all the site and all content thereon.

Release: In the event that you have a dispute with one or more other users of the site, you release ROCKANDRHINO LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Disclaimer & Limitation of Liability: Your use of and browsing of the site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ROCKANDRHINO LLC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. ROCKANDRHINO LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCKANDRHINO LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ROCKANDRHINO LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL ROCKANDRHINO LLC OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ROCKANDRHINO LLC SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE ROCKANDRHINO LLC SITE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ROCKANDRHINO LLC’ RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.IN NO EVENT SHALL ROCKANDRHINO LLC OR ANY AFFILIATED ROCKANDRHINO LLC ENTITY OR INDIVIDUAL OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF ROCKANDRHINO LLC OR AN ROCKANDRHINO LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ROCKANDRHINO LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.

Indemnification: You agree to defend, indemnify and hold ROCKANDRHINO LLC and its vendors, agents and affiliated companies or individuals harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the site or the Internet or the placement or transmission of any message or information on the site by you.

Registered members of the site are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse. Members agree to immediately notify the providers of any unauthorized use of their account or any other breach of security known to them.

Force Majeure: Neither ROCKANDRHINO LLC nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law: The site is created and controlled by ROCKANDRHINO LLC in the State of Kansas, U.S.A., unless otherwise noted. These disclaimers, terms, and conditions of use are governed by the laws of the State of Kansas. By using any of the site, you hereby consent to the exclusive jurisdiction and venue of courts in Topeka, Kansas, in all disputes arising out of or relating to the use of the site. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. ROCKANDRHINO LLC’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

Additional Terms: Additional terms and conditions may apply to the purchase of product and other uses of the site. By using any of the site, you agree to such terms and conditions.

Entire Agreement: These terms and conditions are the entire agreement between the user and ROCKANDRHINO LLC and supersede any prior understandings or agreements (written or oral).