U.S. Patent No. 7,963,491

 

 

 

 

RockSteady, LLC  Website Terms Of Use

 

Welcome!  Please read these terms and conditions of use ("Terms") carefully before using this website.  Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms.  If you do not accept these Terms, do not use this website.

 

RockSteady, LLC reserves the right to modify the Terms at any time with or without notice to you.  The most current version of the Terms may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of these web pages.  Such changes are effective immediately upon posting on this Site and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms.  RockSteady, LLC reserves the right to revoke any or all access and use authorizations granted to you in regard to this Site.

 

1.  Services.  The information contained on this website, including all web page documents, audio and video files, all data and all content (the "Site" or "Website") is provided for your use conditional upon your acceptance without modification of the Terms.  This Website is owned and operated by RockSteady, LLC (referred to herein as "RockSteady," "we," "us," or "our").  RockSteady provides you with access to a variety of resources, including but not limited to product information and product purchasing (collectively "Services").

 

2.  Use Limitation.  While we encourage you to print information to help you use this Site, unless otherwise specified, no Services on this Site, including but not limited to the content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works from or used in any other way, except with prior written permission from RockSteady and with express attribution to RockSteady.  You may not alter or attempt to alter any material on the Site, or the Site itself.  You also may not, without our permission, "mirror" any material contained on this Site or any other server.  Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.  You represent and agree that you are at least 18 years of age and that if you are younger than 18 you will not use this Site.

 

3.  No Unlawful or Prohibited Use.  Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws.  You may not use the Site in any manner that could disable, overburden, or impair any RockSteady server, or interfere with any other person's use and enjoyment of the Site, other accounts, computer systems or networks connected to any RockSteady server or to the Site, through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.  Your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality.  RockSteady may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site.

 

4.  Ownership, Copyright and Trademark.  You agree and acknowledge that RockSteady is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights.  This Site is protected by copyright, trademark and other laws of the United States and other countries.  Any unauthorized use of any material on this Site may violate such laws.  The trademarks, logos, and service marks used and displayed on this Site (the "Trademarks") are registered and unregistered trademarks of RockSteady and others.  Under no circumstances may you use any of the Trademarks, whether owned or licensed to us.  Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.  If you make any copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices.  No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval.  If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide RockSteady with the following information:  1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information - name address, telephone number and email address.  This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  This notice should be signed and provided to RockSteady's designated copyright agent as set forth below:

 

RockSteady, LLC

Attn:  Copyright Agent

112 N. Cedar Street

Lititz, Pennsylvania 17543

 

5.  Duration of This Agreement.  This Agreement will continue to be effective until you or we terminate it.  You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site and by ceasing to use the Site in any way.  We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Site.

 

6.  Information Provided by You.  We do not want you to, and you agree through the use of this Website, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us.  Any material information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by RockSteady or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

Any contact or communication which you may make with us or our employees via this Site is property of RockSteady, and subject to review and monitoring by us.  You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.  You agree to indemnify and hold RockSteady harmless against any legal claims (including all costs related thereto such as court costs and attorney's fees) arising from your posting any such material on this Site.  You understand that information transmitted over public networks may be accessed by third parties and RockSteady will not be liable for any such unauthorized disclosure.

RockSteady and its employees do not accept or consider unsolicited ideas.  Please do not send any original creative artwork, samples, demos or other works.  The purpose of this policy is to avoid potential misunderstandings or disputes with RockSteady.  So, please do not send your unsolicited ideas to RockSteady or anyone at RockSteady.  If, despite our request that you not send us your ideas and materials, you still send them, please understand that RockSteady makes no assurances that your ideas and materials will be treated as confidential or proprietary.

 

7.  Third Party Content and Linked Sites.  You acknowledge that the opinions and recommendations expressed or made available in this Site are those of the respective author(s) and are not necessarily those of RockSteady or endorsed by RockSteady.  This Site may contain links to other sites created and maintained by other organizations, which may or may not be related to RockSteady.  These links are provided for your convenience and are for reference only and you agree that links do not imply that RockSteady is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of RockSteady. You acknowledge that the linked sites are not controlled by RockSteady and different legal terms and other policies may apply. We are not responsible for linked sites. We reserve the right to disable links, but we are not obligated to do so.

 

8.  Disclaimer Of Warranties And Limitations Of Liability.  Your use and browsing of this Site is at your sole risk.  If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

THIS WEBSITE, AND THE INFORMATION CONTAINED ON THIS WEBSITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, ROCKSTEADY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS.  ROCKSTEADY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ROCKSTEADY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTA¬TIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS.  IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, 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 ROCKSTEADY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

 

9.  Jurisdiction and Governing Law.  RockSteady operates and controls this Site (excluding linked sites) from its office within the Commonwealth of Pennsylvania, United States of America.  You agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles, will apply to all matters regarding the use of this Site.  You also agree to submit to the exclusive personal jurisdiction and venue of the courts located in Dauphin or Lancaster counties,  Pennsylvania and the United States District Court for the Middle District of Pennsylvania with respect to such matters.  RockSteady makes no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries.  If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.

10.  International Users.  Materials published at this Site may refer to products, programs or services that are not available in your country.  RockSteady makes no representation that this Site or the materials at this Site are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited.  You may not use the Site or export information or materials at this Site in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country.  If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws.  By using this Site you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.

 

11. Chat Rooms and Bulletin Boards. If any chat rooms or bulletin boards are provided on the Site, they are provided by RockSteady as a service and convenience to its visitors. You should however, understand the risks involved with using this type of site. Therefore, before you can participate in any chat room or bulletin board on this Site it is important that you read, understand and agree to the following terms and conditions and all of the Terms on this Site.

You agree that you will not upload any material to this Site that infringes any proprietary right, including, but not limited to, copyrights or trademarks. You also agree not to upload any material that is obscene, libelous, defamatory, harassing, hateful, or racially, ethnically or otherwise objectionable. You also agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to “stalk” or otherwise harass another or store personal data about other users.

RockSteady does not screen, review or control the information and listings posted by users, nor does it screen, review, or control any of the people who participate. RockSteady is not responsible for the information or material provided on this Site by others and cannot guarantee the accuracy of the information provided by any other party. RockSteady is not responsible for and does not endorse the opinions, advice or recommendations generated by participants in chat rooms or bulletin boards.  Because we do not control the transactions between you and other users, you hereby acknowledge that RockSteady is in no way liable for any claims arising from your use of this Site. As a condition of your use, you agree to indemnify RockSteady for all claims relating to any material or information posted by you on this Site. Remember that there are risks in dealing with people you do not know and that RockSteady has no control over such risks. You need to exercise care in these transactions. People may provide information that is offensive, false, harmful, or deceptive. Please be cautious when sharing information, especially personal information, with others.  Your use of the information is at your own risk.

Information submitted to the chat rooms or bulletin boards may be routed through RockSteady's servers or servers of third parties, and may be viewed by the general public.  Therefore, you should have no expectation of privacy for the information you post.  This information may be collected and used by third parties.  It is not secure or private.

RockSteady may decide at any time to monitor the information and postings.  RockSteady reserves the right at its discretion to screen, refuse to post, remove or edit any and all information or postings from the chat rooms and bulletin boards, or to bar access of any individual to the Site, or its chat rooms or bulletin boards.

 

12. Member Account, Password and Security. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify RockSteady immediately of any unauthorized use of your account or any other breach of security of which you become aware. RockSteady will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by RockSteady or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

 

13. Assignment. These Terms, and any rights granted under them, may not be transferred or assigned by you, but may be assigned by RockSteady without restriction.

 

14. General. These Terms contain the entire agreement between you and RockSteady relating to your use of the Site and supersede all prior agreements, representations and understandings between you and RockSteady with respect to the Site.  No waiver of any provision of these Terms by RockSteady shall be valid unless it is in writing and signed by RockSteady.  You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our Site and we will cooperate with law enforcement officials as appropriate.  In the event that any portion of these Terms is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

 

15. Privacy Policy. The privacy of information you may provide to RockSteady through this Site is governed by RockSteady's Privacy Policy (which is available at this link).

 

 

 

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Terms of Use