Welcome to New Moon Publishing & Consulting/Rock for Learning. New Moon Publishing & Consulting/Rock for Learning (“Rock for Learning”) provides publications and eLearning programs, as well as links to featured third party non-profit charitable organizations, when you visit or shop at RockforLearning.com or use New Moon Publishing & Consulting/Rock for Learning products or services, including eLearning programs hosted by Thinkific (a third party platform), use ebooks distributed through the third party vendor Smashwords.com or other third party vendors. Rock for Learning provides these services subject to the following conditions.
Agreeing to These Terms & Conditions
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.ROCKFORLEARNING.COM OR ANY OF OUR OTHER MAINTAINED SITES OR ONLINE RESOURCES, INCLUDING EBOOKS AND VIDEO WEBINARS, WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 13, 14, 15, AND 16.) ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of RockforLearning.com or other sites or online resources to which these Terms are linked (each, a “Website”), owned and/or maintained by Melanie Silos dba New Moon Publishing & Consulting/Rock for Learning (“Rock for Learning”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever. THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND ROCK FOR LEARNING. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY ROCK FOR LEARNING, ANY ORDER YOU PLACE THROUGH OUR WEBSITES, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH OUR WEBSITES. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Rock for Learning reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Websites. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents
SECTION 1 – Website Use
The Website is intended for adults; if you purchase products or services from the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater) - or you have accessed products or services by permission of adult supervision who meets and agrees with the terms of service, - operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – Website & Materials User Conduct and Restrictions-License Terms
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Rock for Learning and logo are proprietary marks of Rock for Learning, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Rock for Learning.
Subject to your continued strict compliance with all Terms, Rock for Learning provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website and it’s products and services. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase any eLearning programs, publications, or and/or ebooks from Rock for Learning through any of our maintained websites, Rock for Learning provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the published material for personal use within your household or organization, not for resale or public distribution. You acknowledge and agree that: (1) the material is copyrighted material under United States and international copyright laws that is exclusively owned by Melanie Silos dba New Moon Publishing & Consulting/Rock for Learning; (2) you do not acquire any ownership rights in the published materials; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the published materials; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the website, ebooks, or the eLearning videos without the express written permission of Rock for Learning; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website or any materials provided by Rock for Learning, whether alone, or in conjunction with any other website, software or hardware, in any unlawful manner or a manner harmful to Rock for Learning. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through our Websites, our linked social media, or through use of any related software or hardware including, but not limited to, REFRAINING FROM:
SECTION 3 – Our Privacy Statement and Your Personal Information
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union or United Kingdom, our
Data Processing Addendum (“DPA”) as well. Our Privacy Statement may be viewed here and our DPA may be viewed here. Rock for Learning reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement and DPA are incorporated into this Agreement by reference.
YOUR SENSITIVE PERSONAL DATA: Neither Rock for Learning nor its contracted agents will NEVER request, import, or incorporate into, any contact lists or other content you upload to any of our websites or social media pages, software, or other electronic service hosted, provided by or connected to Rock for Learning, whether by email or otherwise, any of the following information: social security numbers, national insurance numbers, passwords, security credentials, bank account number, or sensitive personal, health or financial information of any kind.
SECTION 4 – Information You Provide; Registration; Passwords
As a Rock for Learning user/customer, you may be required to create an account through any of our product website pages hosted by third party vendors, Thinkific or Smashwords. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Rock for Learning user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as Rock for Learning Subscriber/User/Customer, including technical information, pricing, business strategy, and data about other past or current Rock for Learning users or customers.
SECTION 5 – Order Placement and Acceptance
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@RockforLearning.com. in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – Payment Terms
A Rock for Learning user/customer is responsible for paying all sums due to Rock for Learning in connection with their purchase, including any monthly subscription as indicated in Section 7 in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user/customer purchases any product. To fulfill payment obligations under these Terms, the user can pay by credit card or debit card (bank transfers via Zelle may be applicable by request and if approved on a case-by-case exception basis).
SECTION 7 - Payment for Membership Subscriptions and Cancellation of Subscriptions
For any Rock for Learning membership subscription or other Rock for Learning provided subscription products (not pertaining to non-subscription single purchase products or services), every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the user/member to use any of the services available through the service provided by Rock for Learning does not relieve the user/member of their payment obligations under these Terms. Potential users can pay by credit card or debit card. Payment details shall be collected through the secure financial data collection mechanism linked with our websites (such as PayPal or Stripe). You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.
For any subscription or membership product you purchase, the payment card that you provided at the time of enrollment online will be charged the full Rock for Learning monthly membership subscription rate provided at the time of enrollment each month until you cancel. Rock for Learning can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
If you wish to cancel your Rock for Learning subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must contact us at support@RockforLearning.com. or through your Account Dashboard, as detailed here. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation through your Account Dashboard, here, or by email at support@RockforLearning.com. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Rock for Learning. Rock for Learning in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
FOR ANY ROCK FOR LEARNING SUBSCRIPTION PRODUCTS, IF YOU WISH TO CANCEL YOUR SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A FREE TRIAL OR DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS SUPPORT@ROCKFORLEARNING.COM. FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL. IF YOU PROVIDE SUCH NOTICE LESS THAN TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH ROCK FOR LEARNING WILL CHARGE YOUR ACCOUNT FOR THE NEXT MONTH ACCORDINGLY.
Rock for Learning reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Rock for Learning starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 17 below. In addition to any Fees, Rock for Learning may also charge applicable value added or other tax. For avoidance of doubt, all Sections of these Terms apply to you in your role as a user/customer, unless expressly provided otherwise.
SECTION 8 – Shipping Fees
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 9 – Products, Services, and Prices Available on the Website
Products, services, and prices are generally posted with the products and services on our websites, but are subject to change. At Times, Rock for Learning may also offer services, such as its self-development and empowerment consulting program, which will be described when offered but nonetheless governed by this Agreement and these Terms. Rock for Learning reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Rock for Learning to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade.
By purchasing Rock for Learning non-subscription products or services, Rock for Learning may charge your credit card one time, or as otherwise indicated in your selected purchase terms for each non-subscription product or service you purchase. As applicable with subscription, by your use of Rock for Learning subscription services, and unless you terminate your subscription as provided herein, you agree that Rock for Learning may charge your credit card monthly for any subscription products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
Rock for Learning takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Rock for Learning does not warrant that product or service descriptions are complete, current, or error-free, or that packaging will match the actual product that
you receive. All sales are deemed final except as provided otherwise. Rock for Learning descriptions of, or references to, products or services not owned by Rock for Learning are not intended to constitute a warranty by Rock for Learning.
SECTION 10 – Disclaimer – Your Individual Results Will Vary
Every individual situation is different; therefore, individual results will vary from person to person. YOUR INDIVIDUAL AND BUSINESS RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR PERSONAL SITUATION, CIRCUMSTANCES, CONDITIONS AND BUSINESS. Rock for Learning does not promise, guarantee, or warrant your recovery, business success or income. You understand and acknowledge that Rock for Learning will not at any time provide sales leads or referrals to you or your business. We do not guarantee your personal or professional success based upon many conditions and market factors that we cannot control, including your individual will and applied effort to follow-through with the guidance Rock for Learning products provide for results of action; additionally the software, eLearning programs, materials, ebooks, guides, and/or tools we provide may or may not be applicable or sufficient to remedy your specific situation, conditions, or business.
Further, we do not make medical healing claims, earnings claims, efforts claims, return on investment claims, or claims that our eLearning programs, ebooks, tools, or other offerings will make your life or business any specific amount of money. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and tools purchased will require your time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 11 – Your Responsibilities
You represent and warrant that you will only use Rock for Learning products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. Rock for Learning shall have no liability for your violation of any laws.
You acknowledge that your individual results may vary and are your individual responsibility, such that desired results of action require your attention, self-awareness, commitment, and applied efforts to follow through with the guidance Rock for Learning provides through our products, eLearning programs, ebooks, publications, software, and/or tools we provide. You acknowledge that you understand that Rock for Learning does not guarantee your personal or professional success based upon many conditions and market factors that we cannot control, including acts of God, your individual will and applied effort to follow-through with the guidance Rock for Learning products provide for results of action, and that additionally the software, eLearning programs, materials, ebooks, guides, and/or tools we provide may or may not be applicable or sufficient to remedy your specific situation, conditions, or business.
SECTION 12 - Testimonials, Reviews, and Pictures/Videos
Rock for Learning is pleased to hear from users and customers and welcomes your comments regarding our services and products. Rock for Learning may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Rock for Learning services or products, in printed and online media, as Rock for Learning determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to your circumstances and forces beyond the control of Rock for Learning. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Rock for Learning a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them. Additionally, Rock for Learning reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Rock for Learning shall be under no obligation to use any, or any part of, any testimonial or product review submitted to us.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Rock for Learning reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless you or we indicate otherwise in writing, you grant Rock for Learning a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Rock for Learning has the right but not the obligation to monitor and edit or remove any activity or content on our websites and social media pages. Rock for Learning takes no responsibility and assumes no liability for any content posted by you or any third party.
SECTION 13 – Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”)
As a Rock for Learning user/customer, especially with regard to communications with Rock for Learning and any of its officers, directors, staff/employees, members, customers, affiliates, participants (including on social media and it’s connected messaging system applications), you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Rock for Learning from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Rock for Learning relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by Rock for Learning. You further understand and agree that Rock for Learning has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Rock for Learning DOES NOT WARRANT THAT ANY MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
OUR COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS: You must not use our services or social media pages, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
SECTION 14 – Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” 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. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 15 - Limitations of Liabilities
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL ROCK FOR LEARNING OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER ROCK FOR LEARNING HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL THE LIABILITY OF ROCK FOR LEARNING TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ROCK FOR LEARNING FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ROCK FOR LEARNING OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 16 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at firstname.lastname@example.org to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 19 and 20 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Fresno County, California, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Rock for Learning. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Rock for Learning agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Rock for Learning expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. This provision survives termination of your account or relationship with Rock for Learning, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 17 - Additional Remedies
In order to prevent or limit irreparable injury to Rock for Learning, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Rock for Learning or a third-party, Rock for Learning shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Fresno County, California restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Rock for Learning from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Fresno County, California for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 18 – Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Rock for Learning, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 19 – Notice and Takedown Procedures; Digital Millennium Copyright Act
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Rock for Learning a notice requesting that Rock for Learning remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Rock for Learning a counter-notice. Notices and counter-notices should be sent to Rock for Learning by e-mail to support@RockforLearning.com. These Terms fully incorporate by reference the DMCA Policy.
SECTION 20 - Third Party Links
The Rock for Learning Website and our maintained websites may contain links to other websites. The views, information or opinions expressed on or during any Rock for Learning program or otherwise publicized on our online and mobile resources are solely those of the participants and contributors and not those of Rock for Learning. Further, Rock for Learning is not responsible for and does not verify the accuracy of any of the information contained in any external third party content representing our products and/or services.
Rock for Learning also provides links to third party organizations and businesses, not owned by or affiliated with Rock for Learning, but only recommended as a referral by Rock for Learning. Rock for Learning is not responsible for and does not verify the accuracy of any of the content, opinions, and/or information contained in any external third party websites. The primary purpose of Rock for Learning resources is to educate, inspire and inform. Rock for Learning assumes no responsibility for the content or functionality of any non-RockforLearning website to which we provide a link. Please see our Privacy Statement for more details.
SECTION 21 - Termination
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, “ENROLL NOW” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Rock for Learning websites, products, services or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 10, and 13 through 30 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Rock for Learning. Upon termination, you remain responsible for any outstanding payments to Rock for Learning.
SECTION 22 – No Waiver
No failure or delay on the part of Rock for Learning in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Rock for Learning.
SECTION 23 – Governing Law and Venue
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Rock for Learning, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of California without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 16 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Fresno County, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 24 – Force Majeure
Rock for Learning will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 25 – Assignment
Rock for Learning may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without express written consent of Rock for Learning or its assignees.
SECTION 26 - Electronic Signature
All information communicated on the Website is considered an electronic communication. When you communicate with Rock for Learning through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 27 – Changes To The Agreement
SECTION 28 – Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Rock for Learning has the right to rely upon all information provided to Rock for Learning by you, and Rock for Learning may contact you and/or your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
SECTION 29 – Severability
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 30 Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and/or your business and Rock for Learning and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Rock for Learning. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 31 – Refund Policy
Rock for Learning provides individuals who buy (“Buyers”) our eLearning training programs and materials an unconditional 1-week (7-day) refund policy for any product purchased on our maintained website hosted by Thinkific. This means Buyers may cancel their purchase at any time prior to the expiration of the 7-day period. After such time all sales are final. Refunds are given pursuant to the original form of payment from the Buyer; i.e., if a Buyer has purchased using a credit card, Rock for Learning when possible, will refund the payment back to the same card.
In order to obtain a refund, you must:
1. Send Rock for Learning a written request via email at email@example.com identifying your name, contact information, the date of purchase, and the purchase price, as well as the reason for refund;
2. Send the request to Rock for Learning within 7-days of your purchase; and
3. Relinquish any rights to access the eLearning program and materials related to the refunded purchase.
SECTION 32 – Contacting Us
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to firstname.lastname@example.org.
If you have any questions or inquiries concerning any of the Terms, you may contact Rock for Learning by email at email@example.com. Notices to you may be made by email or Facebook Messenger at the discretion of Rock for Learning.