Last updated: May 28th, 2020
Welcome to the RoC® Brand (“RoC®”) website, an online platform that provides products and services for consumer end users (collectively, “Users”). The RoC® Platform (defined below) is operated by RoC Opco LLC (the “Company,” or “we” or “us”), except and unless otherwise indicated.
If you are a parent or guardian and you give us permission for a minor to register with and use the RoC® Platform, then you agree to be bound by these Terms as they relate to such minor’s use of the RoC® Platform.
ACCEPTANCE OF TERMS
C. A User’s right to use the RoC® Platform is personal to such User or the individual or entity who/that acquired such User’s access. Unless expressly stated otherwise in writing and with the Company’s express prior consent, any rights in these Terms are not transferable by a User to any other person or entity. If you are accessing and using the RoC® Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
D. The Company shall have the right at any time to change or discontinue the RoC® Platform, the RoC® Website and/or any feature or function thereof, including, but not limited to, content, hours of availability and/or equipment needed for access or use.
F. If you breach any of the Terms, the Company may automatically terminate your use of the RoC® Platform, without notice, and any failure of the Company to terminate your access shall not be deemed a waiver thereof with respect to such instance of breach or any subsequent or prior breach.
2. MODIFIED TERMS
The Company shall have the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions, including, but not limited to, adding subscription features and access to Content and other electronic resources. Such changes, modifications, additions or deletions (collectively, “Modified Terms”) shall be effective immediately upon your affirmative consent, which we will require of you the next time you access the RoC® Platform, unless the changes are of such a nature that only notice is required, in which case, the Modified Terms shall be effective immediately upon notice thereof and your continued use of the RoC® Platform shall be deemed to constitute acceptance of such Modified Terms. Notice of such Modified Terms will typically be given by posting on the RoC® Platform.
3. CONSENT; CONDUCT
A. You affirm that (i) you are at least 18 years of age and/or are fully able and competent to enter into, and comply with, these Terms or (ii) you are a parent or guardian giving us permission for a minor to use the RoC® Platform. You shall use the RoC® Platform for lawful purposes only. You shall not post or transmit through the RoC® Platform any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by you that in the Company’s sole discretion restricts or inhibits any other individual or entity from using the RoC® Platform will not be permitted.
B. The RoC® Platform contains copyrighted Content, trademarks and other proprietary information, including, but not limited to, text, images, photos, video, graphics and other materials belong to the Company, which are copyrighted as a collective work under the copyright laws of the United States of America and other countries, which extends to the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. Except as otherwise expressly permitted, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted.
C. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of any of downloaded shared Content, in whole or in part, otherwise as provided to you as part of the services by the RoC® Platform.
D. You may not reverse engineer, decompile or disassemble the RoC® Platform (except to the extent specifically permitted by applicable law). You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the RoC® Platform); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the RoC® Platform are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. You agree not to collect or harvest any personally identifiable information (or other information about users of the RoC® Platform), including account names, from the RoC® Platform, nor to use the communication systems provided by the RoC® Platform, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the RoC® Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RoC® Platform or the Content. You may not frame any part of our RoC® Platform, unless we specifically give you our express written consent to do so. You may not use, or attempt to use, the RoC® Platform through any means not explicitly and intentionally made available, provided or intended with respect to the RoC® Platform. You may not harvest information about users of the RoC® Platform for any purpose. You may not use the RoC® Platform in any manner that could damage, disable, overburden or impair the RoC® Platform or that harms the Company, its service providers, suppliers or any other person.
4. CONTENT PROVIDED TO THE ROC® PLATFORM
A. The copyrights of all Content uploaded by any User are held by such User. Users may not upload Content to which they do not own the copyrights. The Company does not claim ownership of the Content that Users provide to the Company (including, without limitation, feedback and comments) or upload to the Company. However, by uploading Content, a User is granting the Company permission to use such Content in connection with the operation of its business (including, without limitation, the RoC® Platform), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Content.
i. You are the sole author of such Content;
ii. You are at least 18 years old;
iii. If your Content is a Review, such Review represents your honest and truthful opinion; and that
i. An Adverse Event report: Also known as a “side effect”. Any undesirable experience associated with the use of the product. Adverse events can range from mild to severe. Examples include rash, nausea, dizziness, drowsiness, and constipation. Please report all adverse events and side effects via our CONTACT US form
ii. Inaccurate product information or claims: Inaccurate product information or claims are any product-related information or claims that are not listed on the package of such product. This includes benefits of using the product which are not listed on the package, length or intensity of efficacy beyond the indication on the package, and any comparison with competitive products.
iii. Any mentions of competitive products.
iv. Medical Advice: Medical advice is any recommendations or suggestions of the usage of any drug, medical device, or other product.
v. Quality Complaints: Quality complaints are any complaint in which the consumer alleges deficiencies with the quality, durability, reliability, effectiveness, performance, or functionality of a product or its packaging, including its labeling. Product quality complaints should be reported via our CONTACT US form
vi. Solicitation of Medical Advice: Solicitation of medical advice is any request for product usage information, any inquiry on finding remedies from an ailment (whether or not related to the Company), or any requests specifically addressed to be answered by a Health Care Professional.
vii. Pornography, inappropriate or lewd material, political Content, or propaganda.
viii. Obscene, profane, defamatory Content, data or images.
ix. Explicit, graphic or sexual videos, pictures or other Content.
x. Advertising for commercial products, such as clothing, toys, food, and any use of another person’s trademarks, brands, logos or endorsements.
xi. Promotion of alcohol, drugs, tobacco use or products.
xii. Personally identifiable information such as full names, license plates, phone numbers, personal addresses (physical or email) or website or webpage links.
xiii. Derogatory characterizations of any ethical, racial, sexual, or religious groups, any assault or threatening of others.
xiv. Trespassing or violating other people’s rights or property.
xv. Illegal, discriminatory, harassing, or other inappropriate activity, behavior or conduct.
xvi. Content that belongs to a third party.
xvii. Libel, slander, or defamation.
xviii. Threats made against others.
xix. Predation of minors.
xx. Unlawful statements.
xxi. Any price comparisons or complaints related to a specific dollar amount.
xxii. Comments regarding ongoing litigation.
xxiii. Any commercial solicitation or advertising.
xxiv. Disclosure of trade secrets, confidential or privileged information.
xxv. Financial disclosures about the Company and predictions of future performance of the company.The Content on the RoC® Website is moderated prior to posting for general viewing. No Content shall be construed as an endorsement, affiliation or promotion of any of the products or services discussed. THE COMPANY DOES NOT ENDORSE ANY CONTENT. If you need to report a product complaint such as an adverse event or quality issue (product or package defect) from one of our products, please contact us via our CONTACT US form. If your question is of a medical nature or pertains to a medical emergency, please seek medical advice by calling your doctor, local poison control center, or local emergency room.
6. DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE ROC® PLATFORM; LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT USE OF THE ROC® PLATFORM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE ROC® PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ROC® PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH THE ROC® PLATFORM.
B. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ROC® PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ROC® WEBSITE OR THE ROC® PLATFORM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE ROC® PLATFORM.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR (i) ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE ROC® PLATFORM, (ii) ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU OR (iii) FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. NEITHER THE COMPANY NOR YOU WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND THE COMPANY’S OR YOUR, AS APPLICABLE, REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES OR FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF 15 DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THESE TERMS SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
7. NO ENDORSEMENT; LINKS TO THIRD PARTY SITES/MATERIAL
A. The Company does not sponsor, endorse, recommend or approve of any Content submitted to the RoC® Platform by any User. While the Company tries to confirm all such Content meets the requirements of these Terms, the Company cannot and does not represent or warrant that any Content is complete, accurate or not misleading. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by the Company. All non-RoC® trademarks, product names and logos appearing on the RoC® Platform are the property of their respective owners.
B. The RoC® Platform may contain links to third-party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third-Party Materials are not owned or controlled by the Company. These Third-Party Materials are provided for your reference and convenience only, and shall not be construed as our endorsement of, sponsorship of or affiliation with a linked website. If you arrive at the RoC® Platform from a third-party link or as a result of any of the prohibited solicitations described in this paragraph, please note that such link to or solicitation for the RoC® Platform does not imply a relationship with, or endorsement of, the third-party website or its content, purpose, policies or practices. Unless the Company provides written consent for you do to so, you will not engage in solicitation activities on our behalf that refer potential customers to us including, but not limited to: distributing flyers, coupons and other printed promotional materials or electronic equivalents, verbal solicitation (e.g., in-person referrals), initiating telephone calls and/or sending emails.
The Company shall have the right, but not the obligation, to monitor the content of the RoC® Platform, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to refuse to post, unpublish or remove any material submitted to or posted on the RoC® Platform. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the RoC® Platform by you.
The Company may terminate these Terms at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any User’s access to the RoC® Platform in the event of any conduct by such User that the Company, in its sole discretion, considers to be unacceptable or in the event of any breach by such User of these Terms or any other agreement referenced herein between the Company and such User.
11. Dispute Resolution and Binding Arbitration
A. YOU AND RoC® ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
B. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitrator fees.
C. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
D. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR RoC® WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
E. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
These Terms shall be construed in accordance with the laws of the State of New York, without regard to its conflicts of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM.
14. COPYRIGHT NOTICE
The Company, its logos and slogans are trademarks of the Company. All rights reserved. All other trademarks appearing on the RoC® Platform are the property of their respective owners. Any rights not expressly granted herein are reserved.
15. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been reproduced in connection with the RoC® Platform in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) a description of where the material that you claim is infringing is located within the RoC® Platform; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
RoC Opco LLC
261 Madison Avenue, 16th Floor
New York, NY 10016