Last updated on July 14, 2017
By visiting https://www.rcityrocks.com/ (the “Website”), You, the participant, agree to the following terms and conditions.
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If You do not agree to be bound by the Terms & Conditions, do not access or use this Website.
This website is provided by R City Rocks, LLC, a North Carolina limited liability company (“RCR”). By using this Website or by participating in the donation process using the Website, You agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, You will be entitled to submit electronic orders. Any violation of the terms will result in termination of Your account.
This Website is intended for use by persons at least 18 years of age. Anyone under 18 years of age may only use this Website with the express permission of his or her parent or legal guardian. In such cases, the parent or legal guardian shall be the participant for purposes of these Terms & Conditions.
As used herein, a “Donor” is a business who has registered with RCR and agreed to donate a portion of its sales (as evidenced in receipts submitted to RCR) to nonprofit organizations who have registered with RCR. A “Nonprofit” is such a nonprofit organization who has registered with RCR and agreed to receive such donations from Donors.
1. Account Terms: By viewing the Website, You can access or view the Donors and NonProfits who have elected to register with RCR. You are responsible for using the Website in a private and secure manner. You may create an account with RCR by sending a text with the word “JOIN” to the text-to address for any Non-Profit listed on the Website. By participating, You consent to receive text messages sent by an automatic telephone dialing system. Consent to these terms is not a condition of purchase. Your carrier’s text and data rates apply. Your name will be listed on the profile page of each Non-Profit who you have supported, unless you notify us that you wish to be listed anonymously. You also consent to RCR occasionally sending news, offers, promos, or the like via text message. You may text HELP to the text-to address if you have a question. You may opt-out or at any time by texting STOP to the text-to address. An opt-out confirmation message will be sent back to you.
3. Modification of these Terms & Conditions: RCR reserves the right to change or modify any of the terms contained in these Terms & Conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply Your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
4. Submissions of Receipts for Donations: If You choose to submit a receipt for the purchase of goods or services, with a subtotal of at least ten dollars ($10.00) from a participating Donor within two (2) weeks of the date of receipt, from which the Donor will donate a portion of the actual sales to the Nonprofit of Your choice, You acknowledge and agree that:
- all of Your receipts will be accurate, truthful, and complete in all respects;
- all of Your receipts will be for goods or services that You personally purchased; and
- Your receipt information will be made available to both RCR and the Donor for which You submit receipts (but not to anyone else).
5. Publication and Distribution of Content: RCR does not guarantee the accuracy, integrity, quality, or appropriateness of any communications, information, data, text, or other materials on the Website (collectively, the “Content”) transmitted to or through the Website. You acknowledge that RCR simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through, or linked through the Website, is the sole responsibility of the party from whom such Content originated. You understand that RCR does not control, and is not responsible for Content made available through the Website, and that by using the Website, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that RCR has no obligation to screen, preview, monitor, or approve any Content. However, RCR reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Website, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Website. Under no circumstances will RCR be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted, or otherwise conveyed via the Website. You waive the right to bring or assert any claim against RCR relating to Content, and release RCR from any and all liability for or relating to any Content.
The Content provided does not reflect the views of RCR, its officers, managers, owners, employees, agents, designees, or other users. In addition, RCR retains the right, in its sole discretion, to determine whether or not Your use of the Website is consistent with these Terms & Conditions. RCR may suspend, restrict, or terminate Your use of the Website and to refuse any future use of all or portions of the Website if Your use breaches or fails to comply with any of these Terms & Conditions. Additionally, RCR may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of these Terms & Conditions; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of these Terms & Conditions.
6. Acceptable Use: You shall not do any of the following or permit any other third parties to do any of the following:
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
- Post or transmit any information or software that You are aware is encrypted or contains viruses, Trojan horses, worms, time bombs, spiders, cancel bots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Website;
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
- Share Your account, including, without limitation, letting third parties use Your account and password;
- Access, download, or copy any information contained on the Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots, or other such means);
- Post irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on the Website’s infrastructure;
- Attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website;
- Use the Website in any manner that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights; or
- Use the Website in any way that could interfere with the rights of RCR or the rights of other users of the Website.
7. Disclosure of Information: RCR may make Your identifiable information, account information, and the Content available to RCR’s employees and third parties with whom RCR contracts for use to handle Your account. In addition, RCR may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and other users to its Donors, Nonprofit, advertisers, and other third parties. You agree that RCR may make such uses of information You provide or RCR collects.
You agree that RCR may access, preserve, and disclose Your account information, any information provided by You to RCR, including, but not limited to, the Content for the purposes described in this document, if required to do so by law or if in good faith, RCR believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RCR, its users, and/or the public.
As RCR continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, user information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under these Terms & Conditions.
8. Delays: The Website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. RCR is not responsible for any delays, failures, or other damage resulting from such problems.
9. Electronic Communications: When You visit the Website or send any emails or text messages to RCR, You will be communicating electronically with RCR. By such electronic communication, You agree to receive such communications from RCR electronically. You acknowledge that Your electronic submissions constitute Your agreement and Your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions You enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications. You may unsubscribe from certain electronic communications from RCR, Donors, and Nonprofit; however, even if you unsubscribe, RCR may still send you notices specifically affecting Your account.
10. Copyright and Licenses: This Website and the entire contents contained on this Website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of RCR. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any Content contained on the Website without the prior expressed written consent of RCR.
11. License: RCR grants You a non-exclusive, non-transferable, limited license to access and make use of the Content or information available on the Website for Your personal use and not to download or modify it, or any portion of it, except with the express written consent of RCR. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit, or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of RCR. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
RCR authorizes You to view and download the information and materials available on this Website only for Your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) You may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose; and (c) You must not transfer the materials to any other person unless You give them notice of, and they agree to accept, the obligations arising under these Terms & Conditions.
12. Disclaimer of Warranty/Limitation of Liability: THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY RCR ON AN “AS IS” AND “AS AVAILABLE” BASIS. RCR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RCR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RCR DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RCR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
RCR USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. RCR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A DONOR OR NONPROFIT IS LISTED OR IDENTIFIED WITH INCORRECT INFORMATION, RCR SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY RECEIPTS UPLOADED FOR THE DONOR OR NONPROFIT LISTED INCORRECTLY.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
13. Applicable Law: By visiting the Website, You agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between You and RCR.
14. Disputes: You agree and consent to the exclusive jurisdiction of the state or federal courts located in Wake County, North Carolina, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that RCR may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Website or these Terms & Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
15. Breach of Agreement and Liquidated Damages: You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for RCR to pursue legal action to enforce these Terms & Conditions, You will be liable to pay RCR the following amounts as liquidated damages, which You accept as reasonable estimates of RCR’s damages for the specified breaches of these Terms & Conditions:
- If You upload a receipt which violates any of the provisions of Section 4, You agree to pay the following:
- To the Donor, any amount donated based on the receipt; and
- To the Nonprofit, any amount received based on the receipt;
- If You display, copy, duplicate, reproduce, sell, re-sell, or exploit for any purpose any Content in violation of these Terms & Conditions, You agree to pay Ten Thousand Dollars ($10,000.00).
- If You use computer programming routines that are intended to aggregate records or reviews from the Website or otherwise damage, interfere with, disrupt, impair, disable, or otherwise overburden the Website, You agree to pay One Hundred Dollars ($100.00) for each record that is aggregated, disrupted, damaged, or otherwise affected by You.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, You agree to pay the actual damages suffered by RCR, including, but not limited to loss of revenue due to the withdrawal of any Donor or Nonprofit, attorneys’ fees, and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms & Conditions, RCR reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms & Conditions, or any combination thereof.
16. Notice: You agree that RCR may communicate any notices to You under these Terms & Conditions, through text message, electronic mail, regular mail, or posting the notices on the Website. All notices to RCR will be provided by either sending: (i) a text message to a text-to address provided by RCR; (ii) an email to firstname.lastname@example.org; or (iii) a letter, first class certified mail, to R City Rocks, LLC, 1249 Kildaire Farm Road #200, Cary, NC 27511. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
17. Indemnification: You agree to indemnify, defend, and hold harmless RCR, its officers, directors, owners, partners, employees, agents, licensors, suppliers, and any third party information provider to the Website from and against all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by You and/or Your use and access of the Website.
18. Other Provisions
- RCR’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
- Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.
- RCR may assign its rights and duties under these Terms & Conditions to any party at any time without notice to You.
- If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
- Use of this Website is void where prohibited.
19. Entire Agreement: These Terms & Conditions govern Your use of the Website and constitutes the entire agreement between You and RCR. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between You and RCR regarding the subject matter contained in these Terms & Conditions. Additional terms and conditions may exist between You and third parties. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to RCR under these Terms & Conditions.