Terms of Service
1. Conditions of Use, Notices, and Revisions
Access to ROCKYSBEV.COM or related URLS (collectively, “Our Websites”), transactions by a Member (the “Member”) of Rocky’s Beverages, LLC… (“Rocky’s Beverages, LLC.”) through Our Websites, and all related disputes, either commercial, privacy or otherwise, are governed by the terms and conditions contained in these Conditions of Use, as amended from time to time by ROCKY’S BEVERAGES, LLC. without prior notice. The Member should take steps to ensure that he or she has reviewed the latest version each time the Member accesses or transacts business through Our Websites. Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.
2. Intellectual Property Rights
All material on Our Websites is provided for lawful purposes only. ROCKY’S BEVERAGES, LLC. reserves complete title and full intellectual property rights for materials downloaded from the site.
A. COPYRIGHT. All content included on Our Websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ROCKY’S BEVERAGES, LLC. or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on Our Websites is the exclusive property of ROCKY’S BEVERAGES, LLC. and is protected by U.S. and international copyright laws.
B. TRADEMARK. The service mark “ROCKY’S BEVERAGES, LLC. ”, graphics, logos, page headers, button icons, scripts, and service names accessible through Our Websites; and other marks indicated or viewable through Our Websites are trademarks of ROCKY’S BEVERAGES, LLC. or its affiliates, in the United States and other countries (“ROCKY’S BEVERAGES, LLC. TRADEMARKS”). ROCKY’S BEVERAGES, LLC. TRADEMARKS may not be used in connection with any product or service that is not ROCKY’S BEVERAGES, LLC. ’S, in any manner that is likely to cause confusion among its Members, or in any manner that disparages or discredits ROCKY’S BEVERAGES, LLC. or its affiliates. All other trademarks not owned by ROCKY’S BEVERAGES, LLC. or its affiliates that appear on Our Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ROCKY’S BEVERAGES, LLC. or its affiliates.
C. SUBMISSIONS BY MEMBER. Any information, including but not limited to information, remarks, suggestions, ideas, custom graphics, or other submissions (collectively or individually, “Submission”), communicated to ROCKY’S BEVERAGES, LLC. through Our Websites is the exclusive property of ROCKY’S BEVERAGES, LLC. . ROCKY’S BEVERAGES, LLC. is entitled to use any Submission for any purpose without restriction or compensation to the person sending the Submission.
The user acknowledges the originality of any Submission communicated to ROCKY’S BEVERAGES, LLC. and accepts responsibility for its accuracy, appropriateness, and legality. The user agrees to protect, defend, indemnify, and hold ROCKY’S BEVERAGES, LLC. and its parent, affiliates, officers, directors, attorneys, and employees, harmless from and against any and all claims, liabilities, losses, costs and expenses, alleged or actual, arising out of any claim for infringement, dilution, unfair competition, or any other claim relating to any such Submission.
3. License and Site Access
Our Websites grant the Member a limited, non-exclusive license to access and make personal use of Our Websites and not to download (other than page caching) or modify them, or any portion of them, except with prior express written consent of ROCKY’S BEVERAGES, LLC. . This license does not include: any resale or commercial use of Our Websites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Our Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Our Websites or any portion of Our Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of ROCKY’S BEVERAGES, LLC. . The Member may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ROCKY’S BEVERAGES, LLC. or its affiliates without prior express written consent of ROCKY’S BEVERAGES, LLC. . A Member may not use any meta tags or any other “hidden text” utilizing ROCKY’S BEVERAGES, LLC. ’S name or the ROCKY’S BEVERAGES, LLC. TRADEMARKS without the prior express written consent of ROCKY’S BEVERAGES, LLC. . In addition to any other right or remedy available to ROCKY’S BEVERAGES, LLC. or its affiliated companies, any unauthorized use terminates the permission or license granted by ROCKY’S BEVERAGES, LLC. . A Member is granted a limited, revocable, and nonexclusive right to create a hyperlink to Our Websites so long as the link does not portray ROCKY’S BEVERAGES, LLC. , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. A Member may not use any ROCKY’S BEVERAGES, LLC. TRADEMARK as part of the link without prior express written consent.
4. Restrictions on Liability
ROCKY’S BEVERAGES, LLC. is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; and/or incomplete, garbled or delayed computer transmissions. Under no circumstances will ROCKY’S BEVERAGES, LLC. or its suppliers be liable for any damages or injury that result from the use of any materials on this site or the products purchased by the Member from this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to certain Members.
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES.
ROCKY’S BEVERAGES, LLC. provides links to other sites that are not maintained by ROCKY’S BEVERAGES, LLC. . ROCKY’S BEVERAGES, LLC. does not endorse those sites and is not responsible for the content of such other sites.
5. Product and/or Services Descriptions
It is the goal of ROCKY’S BEVERAGES, LLC. and its affiliates to be as accurate as possible in its product and/or services descriptions. However, ROCKY’S BEVERAGES, LLC. does not warrant that product and/or services descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product and/or service offered through Our Websites is not as described, the Member’s sole remedy is to terminate his or her Membership.
7. Documentation of Visitor Use and Abuse
As a visitor or member to this Website, you agree to having your IP address (Internet Protocol Address) recorded and stored. A unique I.D. tag (UNIQUE IDENTIFIER TAG) will be used to identify potential abusers in the form of an email address, image tag, web page or cookies. Suspect abusers will have an exclusive tag within our database to identify the abuser or abusing organization as such. Members and visitors agree not to utilize this unique identifier tag for any reason.
VISITORS AND MEMBERS AGREE THAT GATHERING, STORING, RETAINING, COMPILING, HARVESTING OR TRANSFERRING TO A THIRD PARTY OR SENDING ANY COMMUNICATIONS TO THE UNIQUE IDENTIFIER TAG BINDS THE VISITOR TO AN ACCEPTANCE AND ENSUING BREACH OF THESE TERMS OF SERVICE
8. Special License Restrictions for Non Human Visitors
Special restrictions on a visitor’s license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on this site are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
9. Geographic Limitation
Information on this site includes descriptions of products and services available only to Members residing in the United States of America. This site is operated in the State of Illinois, United States of America. ROCKY’S BEVERAGES, LLC. will have no Members outside of the United States.
10. Governing Law; Disputes; Severability; Jurisdiction
These Conditions of Use and any disputes arising hereunder are governed and interpreted exclusively pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. The Federal or State courts located in Cook County, Illinois shall have exclusive jurisdiction over any disputes and shall serve as exclusive venue for any proceedings related to any such disputes hereunder. To the fullest extent permitted by applicable law, no proceeding under this Agreement shall be joined to another proceeding involving any other party subject to these Conditions of Use, whether through class action proceedings or otherwise. If any of these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you are not completely satisfied, you may return your product for a full refund. We want you to appreciate our products and if you are not happy, then we are not happy.