Terms & Conditions

Last Update: May 21, 2018

OK, so we already know that nobody likes reading these, so we’re going to do our best to make this experience at least somewhat digestible for the 1% of you that actually do make it through this thing. But first things first, welcome to the usrock.com official Terms and Conditions page! Whoo hooo (applause, applause, single tear, cough) We’re so glad you made it!

Now the Terms and Conditions you’re reading apply to this website, any services made through it, or any and all other online holdings (collectively called, the “Site”), that are managed, controlled, operated or developed by US Rock Corporation (to which we’ll likely refer to as “this awesome company”, “US Rock”, “usrock.com”, “The New Kings of Rock”, “The New Queens of Rock”, “us”, “we”, or “our” as is commonly used and deemed appropriate in the context of the use of words in the English language and/or in words in general in any language. If none of that made any sense at all, please consider anything you see or use online that has our logo and/or name positioned anywhere near it as the “Site” and subject to the Terms and Conditions stated here if that’s easier.
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And now for our spooky and ominous warning……

The following Terms and Conditions (the “Terms”) explain the rules for using the Site. By visiting this website and/or any of the previously described holdings, you acknowledge that you have read, understood and agree to any and all terms, rules, or guidelines, that apply to any portion of this Site, without qualification or limitation (meaning you must accept all of the terms and conditions as written and without changes, got it?!).

The good news is that if you decide that these rules are too heavy for you, or that you can’t bring yourself to agree to them, you don’t have to use the site (that’s your out, courtesy of “us”). We would never want to force anyone to subject themselves to rigid rules or terms that they simply couldn’t stomach. However, if you do decide to use the site…you got it! You must (aka – you gotsta) play by the rules. Also, please keep in mind that we reserve the right to update and revise these Terms and Conditions at any time, and if we do we’ll adjust the “Latest Update” date at the top of the page so that you can keep track of changes. Now if we do update and if you decide that the changes are acceptable and you continue to use the Site, just like before, you’ll be subject to the revised Terms and Conditions by which continued use will constitute your acceptance of those changes.

If any of this stuff is too confusing or overwhelming, please send us an email here: support@usrockcorp.com and someone who’s great at explaining this tricky complicated crap will get back to you.

About US Rock Corporation

US Rock Corporation specializes in supplying decorative rock, organic ground covers, and landscape materials (“collectively, the Products”) in bulk quantity (1 cubic yard/27 cubic feet or more). In addition to carrying an extensive range of landscape products, we also provide design and consulting services (“collectively, the Services”) for drought tolerant landscape development projects. We are the New Kings & Queens of Rock and our goal is to save you time and money by giving you the amazingly awesome option to buy in bulk.

Digital Communication –

Each time you visit the Site, or send us e-mails, you are actually communicating with us electronically (incredible isn’t it?). By so doing, you consent and agree to receive communications from us electronically as well. We may communicate with you via e-mail or by posting notices onto this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirements as though such communications were in writing.

Intended Audience –

This Site is intended for use by adults only, and is not intended for persons under the age of 18. By using this Site you certify that you (a) are at least thirteen (13) years of age, and (b) that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party. If you are under 13 years of age, please do not use or access the site at any time or in any manner. For those of you who are actually under 13 years of age and are reading this, holy crap we applaud you for reading this…no one at our company would’ve ever made it this far if they were under 13! A very bright future ahead for you we’re guessing, but seriously, go outside and play or do your homework or whatever else kids your age are supposed to be doing, ok?

Patents, Copyrights, & Intellectual Property –

US Rock Corporation WILL smack down any AI’s, human beings, or any other entities that violate our physical or intellectual property rights! Meaning all of the content that appears on the Site, including without limitation all graphics, designs, icons, illustrations, pictures, photographs, video clips, written materials, and processes as well as the layout, construction, and compilation of the website, Site, and other materials, are the exclusive property of US Rock Corporation and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall “look and feel” of the Site and Site (collectively the “Marks”) are also exclusively proprietary to US Rock Corporation, or the respective owners of such Marks. You may not duplicate, reproduce, display, or otherwise use the content or materials on the Site, including the Marks, without first receiving prior written authorization from our legal department for each specific intended use. And please don’t even think about removing or modifying any legal or trademark notices from any content we make available throughout the Site. Drag & dropping, data scraping, web harvesting, hacking the Site or using other automated or manual means to take our content without our prior written consent is expressly prohibited, seriously. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Also anything good generated from the use of our Marks must always be for the benefit of US Rock Corporation and/or its partners. If you would like to request authorization to use any of the content or materials on the Site, please contact or reach out to us at legal@usrockcorp.com.

In addition to our own intellectual property, US Rock Corporation respects the hard work, sweat, and tears that others have put in to protect their own patents, copyrights, and intellectual property. As a result we’ve developed a simple way to filter through potential conflicts before they can escalate into bigger problems. If you believe that your intellectual property has been compromised in any way by our company, please let us know immediately. All claims that we receive involving potential copyright infringement are reviewed, and pending review if it is determined that any of our content is in violation of applicable laws, we will remove it.

Please contact us here legal@usrockcorp.com and help us identify any material, content, or work that you believe constitutes a copyright infringement, by providing us with the following information:

• Your contact details, including email address
• A description of the copyrighted work and the URL on which it appears
• A statement that you have a good faith belief that our use of the work is not authorized
• A statement, made under the penalty of perjury, that the information in the notice is accurate and that you are the registered copyright owner or an authorized agent entitled to act on the owner’s behalf
• An accompanied electronic or physical signature of the copyright owner or a person authorized to act on their behalf

User Accounts and Related Data –

We have come to the conclusion that by offering our visitors the option to create a user account (“Account”), frequent visits to the Site could be a bit more streamlined for regular order and delivery tracking, saved shipping and billing information, and access to special offers and events. Although you can still take advantage of many of the features of the Site without creating a user account, and are in no way required to create one, we thought it would make your life easier while navigating the Site on a regular basis. If you do decide to create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. Also keep in mind that sharing your account is not recommended and that you should not share any of your Account information. You may never use another person’s Account or registration information for the Site without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password(s) secure and for any consequence resulting from your failure to do so.

If you no longer want to keep a user account, you can always delete your Account by emailing us at support@usrockcorp.com.

User Content and Use of Information –

It’s always fun to see and hear what our fans have to say! And as a result, we may from time to time, allow you to post reviews, comments, photos or other content and communications on the Site. We welcome and encourage your participation. However, with that communication comes responsibility (they made me say this). Whenever you submit, distribute, transmit, or post any communications or any other material to US Rock Corporation (either through the Site; through our pages on third party sites, such as Instagram, Facebook, Snapchat, or Twitter, etc. This is collectively (“User Content”), you represent and warrant that you hold all necessary rights, title, and license to such materials (in other words, you own it or have the right to give it to us); that your submission of such materials to usrockcorp.com does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission); and all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying). Furthermore, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for US Rock to use your User Content to provide, promote, and improve the Site. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. And please, let us be the first to say ‘thank you’ for being so awesome to us.

You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.

In addition to giving US Rock Corporation a license, you also give each user of the Site an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, and royalty-free right and license to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

At the end of the day if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you also allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.

US Rock Corporation reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to US Rock in its sole discretion.

Special Offers & Coupon/Offer Codes –

Coupon Codes. From time to time, US Rock Corporation may offer qualified customers “coupon codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on usrock.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by US Rock in its sole discretion. Only valid offer codes provided or promoted by US Rock will be honored at checkout. Codes supplied or promoted by third parties unauthorized by US Rock (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by US Rock is non-transferable and valid for single use on an item (or items) of merchandise as determined by US Rock Corporation. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘coupon code’ field at checkout. US Rock Corporation is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

Spokespeople. From time to time, US Rock may also engage spokespeople, rock legends, movie stars, titans of industry, influencers, bloggers, or other individuals or entities who may have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by US Rock for their statements.

Payments, Shipping, and Delivery –

Pricing. The prices displayed for Products available for purchase through the Site represent the applicable retail prices, and do not include taxes, shipping, delivery, or handling charges (to the extent applicable). Any applicable taxes, shipping, delivery, or handling charges will be communicated to you before you finalize an order. All prices displayed on the Site are quoted in U.S. dollars. Products placed in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.

Payment. By submitting an order through the Site, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping, delivery, or handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site.

Bulk Delivery. US Rock Corporation only provides bulk delivery services (at or above one cubic yard and between 3,000 – 48,000 lbs) and bagged delivery and miscellaneous light order service throughout the Central and Southern California, Western Nevada, and the Western Arizona Geographic Regions. Please refer to this section regularly to stay informed of updated or modified delivery service areas. Also note that all bulk orders placed on the Site are subject to a calculated “Delivery Charge”. This charge is based on both geographic zones and material volume relative to the amount of material ordered through the site. For more details on how our delivery charges are calculated, please send an email to support@usrockcorp.com. Also worth noting is that some orders will require multiple deliveries that result in multiple check-outs with additional delivery charges being added to each final order total. If you have any questions on any of these topics please contact support.

Non-Bulk Delivery. For merchandise items or smaller non-bulk products, if not shipped directly by US Rock Corporation, they may be shipped by national carriers and be subject to the fees and terms and conditions of those partner carriers. We will always inform you of the method of shipping/delivery and provide you with available options we’ve deemed appropriate on the checkout page.

Finally, US Rock Corporation reserves the right to only deliver Products or items made available on the site that it deems safe for transport to the requested job location. Also please note:

• Unless prior changes are made within 24 hours of delivery, your delivery will arrive on the scheduled day between the specified hours of shipment.
• Please notify us if there are potential hazards or obstacles that might obstruct the path of delivery vehicles (low hanging power lines, new driveways, narrow spaces, etc.)
• Under most circumstances drivers are not permitted to dump or drive onto lawns or unpaved surfaces due to the weight of trucks and materials.
• Customers should be present but are not required to be present to accept delivery in many circumstances. Please provide detailed drop instructions if this applies.
• Verification and acceptance of ordered products (in person or virtual, via instant email confirmation) must be made before material is dropped.
• Us Rock Corporation is not responsible for any/all damages done to driveways, parking lots, etc. due to the delivery of bulk aggregates (decorative rock, sand and gravel, boulders and cobble, and decorative glass), organics (soil amendments, organic soils, mulches and barks), or landscape materials and supplies (artificial turf and supplies, erosion control products, fertilizers and soil conditioners, and stakes and edging materials) where the customer has specified a dump/drop location.
• Normal delivery hours are Monday through Saturday between 7am-5pm. Sunday or extended delivery hours can be scheduled upon availability and for additional fees.
• Drivers/dispatchers will always call the customer if there is a problem or delay with the scheduled delivery.
• Any and all claims must be made within 24 hours of delivery, and before bulk aggregates, organics, or landscape materials & supplies are dropped, spread, or landscaped.
• Any bulk product that has been over ordered will not be picked up or reimbursed.
• A material restocking fee of $50.00 will be applied to all cancelled deliveries in route to delivery location. If cancelled delivery is in route to delivery location and outside of 25 miles from the point of origin, the full delivery fee will be charged.

Refunds and Returns –

US Rock Corporation works very hard to provide our fans with the highest quality products and the best services found nowhere else within the bulk landscape materials industry. As a result, we want you to be completely satisfied with your purchase. If for any reason you are not happy with any product you’ve purchased from us and for any reason, please give us an opportunity to make things right.

All products/items may be returned under the following conditions:

For non-bulk items:

• Return must be made within 30 days of purchase
• Returned item must be unused and in re-saleable condition
• Returned item cannot be not a final sale product
• A valid receipt with proof of purchase must accompany returned item.

For bulk items:

• Return must be made within 30 days of purchase
• Returned item must be unused and in re-saleable condition
• Returned item cannot be not a final sale product
• A valid receipt with proof of purchase must accompany returned item.

If your purchase is being returned and was originally paid for with a credit card, it must be returned with the original credit card that was used for purchase. You may cancel an order at any time prior to scheduled times of shipment.

Gift Card Policy. Once activated, Gift Cards are redeemable for all products available on the Site and have a monetary value determined at the time of purchase. Gift Cards cannot be redeemed for cash, applied to credit cards, or other electronic payment forms. US Rock Corporation is not responsible for lost or stolen Gift Cards. All Gift Cards expire five (5) years after the date of purchase.

Rules of the Road –

• As a condition of use, you promise not to use the Site for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with use of the Site.
• You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Site; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
• You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
• We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
• All orders of our products must be for personal or professional use only. If we have reason to believe that your order is not for personal or professional use, we reserve the right to reject or cancel any order that you place.

Disclaimer –

1. You understand and agree that we have no control over, and no duty to take any action regarding:
   • which users access the Site;
   • what effects the content may have on you;what content you access via the Site;
   • how you may interpret or use the content; or
   • what actions you may take as a result of your exposure to the content.

2. You release us from all liability related to you acquiring or not acquiring content through the Site. The Site may contain, or direct you to websites or platforms containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

(This next part is required by the MAN, sorry in advance)

THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, US ROCK CORPORATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US ROCK CORPORATION OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, US ROCK CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

Limitations of Liability –

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL US ROCK CORPORATION OR ANYONE REPRESENTING US ROCK CORPORATION BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR US ROCK CORPORATION’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT US ROCK CORPORATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination –

You agree that US Rock Corporation, at its sole discretion, may terminate or suspend your access to and use of the Site (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if US Rock believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. US Rock Corporation reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Site (or any part thereof) without notice. You agree that US Rock and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Site. Your obligations under this Agreement shall continue even after US Rock has terminated and/or cancelled this Agreement or your access to the Site. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to US Rock Corporation for use of your User Content.

Dispute Resolution –

We really don’t like disputes (we’re lovers, not fighters ok?), so let’s do our best to avoid them. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@usrockcorp.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.

These Terms and the relationship between you and US Rock Corporation will be governed by the laws of the State of California without regard to its conflict of law provisions. You and US Rock agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Los Angeles County in the State of California. You covenant not to sue US Rock Corporation in any other forum.

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Waiver –

We take our commitment to our fans very seriously, and we’ll do everything we humanly can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.

These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

If any provision of this agreement is found to be invalid by a competent court, the invalidity of such provisions shall not affect the validity of the remaining provisions. Likewise, if we choose to terminate any provision in accordance with the termination provision, that termination shall not affect the termination of other provisions.

This agreement constitutes the entire agreement between you and us with respect to the Site and supersedes all previous or contemporaneous agreements. The section headings are merely provided for convenience and shall not be given any legal import

You also acknowledge and understand that, with respect to any dispute with US Rock or anyone representing US Rock arising out of or relating to your use of the Site, purchase of Products, or these Terms: