Terms of services

Last Updated: March 1, 2023

This website and online store is owned and operated by RockAloha LLC (“RockAloha”, “we,” “us,” or “our”). By accessing or using our website, store, products, services, applications, tools, forums, social media pages or any related offerings (collectively referred to as the “Services”), you agree to be bound by this Terms of Service Agreement (the “Terms”) including all policies incorporated herein. Please read carefully as these terms govern our relationship with you.

Section 1 – Acceptable Uses

You agree your access and usage of RockAloha Services will comply with these Terms and all applicable laws. Your use of the Services is solely for personal use or the internal business operations of your company if a corporate account holder. You will not reproduce, republish, frame, download, distribute, transmit the Services or content without authorization. Violations could lead to account termination.

Section 2 – Your Account and Security

Should you create a user account on our website or enroll in any interactive Services requiring registration, you guarantee accuracy of all account details provided. You are fully responsible for accessing the registered account, maintaining confidentiality of login credentials, restricting access by others and all use or misuse of your account. You must promptly update registrations details whenever they change to maintain accuracy.

Section 3 – Online Store Purchases

Our online store allows you to purchase physical products or digital downloadable goods. When placing orders, you represent having legal capacity under applicable laws to enter purchase contracts. Completing transactions constitutes unconditional acceptance to be bound by these Terms. All store policies also govern your purchase including our shipping, returns, refunds, etc.

Section 4 – Intellectual Property Rights

All content published or made available through our Services including (but not limited to) shop product images and descriptions, downloadable files, graphics, logos, page headers, icons, scripts, designs, affidavits, service names and trademarks are property of RockAloha or its content suppliers protected under copyright, trademark, patent and other applicable domestic and international IP laws. You may not modify, republish, redistribute, adapt, extract or commercially exploit content without express authorization.

Section 5 – Sales Restrictions

RockAloha reserves the unconditional right to accept or deny orders placed through our Services to any party for any reason. We may exercise this right on a case-by-case basis at our sole discretion including restrictions on quantities available for purchase. If we cancel an order under this right, we have no obligation to notify the prospective purchaser beyond adjusting the order status in our system.

Section 6 – Accuracy of Information

It is the responsibility of each Service user to ensure posted content or data provided to RockAloha including (but not limited to) product listings, shipping details, account registration or contact information is accurate. RockAloha disclaims liability for damages arising from inaccurate user generated data or content.

Section 7 – Listing Products

Third party sellers listing products for sale through any RockAloha operated marketplace are legally bound to ensure all listings are posted in technically correct categories with accurately described condition, features and origin information representing the true reliability, legitimacy and qualification relative buyers’ purchasing criteria. We reserve right to remove listings violating these terms.

Section 8 – Third Party Content and Services

RockAloha Services may publish third party content, promotions or distribute media obtained from external sources. Since this content originates externally, we do not warrant accuracy or integrity. By using our Services, you accept sole responsibility and risks associated with exposure to third party media or access of external links.

Section 9 – User Content Submissions

By submitting content to RockAloha Services like reviews, comments or discussion forum posts, you guarantee having ownership or legal rights allowing reproduction of that content. Submissions must be non-confidential with no third party rights. We assume no liability for accuracy or legality of user submissions under free speech protections.

Section 10 – Reviews and Ratings

If Services allow posting reviews or ratings for attributes of businesses listed on RockAloha, the opinions expressed reflect personal experience and opinion of users only. They do not constitute formal inspections, authoritative assessments or factual accounting. Customers should obtain appropriate advice or inspections before relying solely on user reviews as basis for final determinations on committing funds or other critical resources related to the subject property, product or service provider under evaluation.

Section 11 –Prohibited Uses

RockAloha maintains unconditional right to terminate any Services account or block usage access related to violations of this Agreement, unlawful purposes or prohibited behavior defined more expansively throughout our various website policies but generally described as:

(a) Abuse, harassment or threats to employees or users
(b) False submissions or committing fraud
(c) Violating intellectual property rights
(d) Spreading computer viruses, malware or destructive code
(e) Defamatory or libelous posts about individuals
(f) Acquiring user data for unauthorized communication
(g) Reproducing or distributing copyrighted material
(h) Commercial solicitation without authorization
(i) Circumventing technological access barriers

Section 12 – Indemnity

By using RockAloha Services, you agree to unconditionally defend, indemnify and hold harmless our company including officers, directors, contractors and employees from damages, liabilities, claims or costs arising from: (a) Your breach of this Agreement or any published website additional policies; (b) Your violation of rights or laws; (c) Your uploads, downloads or modification of Services content or data; (d) negligent or intentional wrongdoings or omissions by you or related parties; or (e) any account ownership disputes related to your RockAloha account registrations or activities. You also agree to cooperate in RockAloha’s defense of relevant proceedings.

Section 13 – Disclaimers

Excepting case specific written warranties related to commercial contracts or sales agreements, RockAloha makes no specific promises, representations or pledges regarding availability, accuracy or completeness of our Services that are not otherwise expressly outlined in this Agreement. We provide our website, store and other offerings strictly on unmodified “as is” basis. By using our platforms and tools, you assume all responsibility related to security, authentication and integrity associated with inputs or downloads. RockAloha expressly disclaims implied warranties for marketability, fitness for a specific purpose and non-infringement.

Section 14 – Limitations of Liability

RockAloha is not liable for indirect, special, secondary, incidental, punitive or consequential losses, damages arising from use of Services or inability to access Services in any capacity. This applies regardless of legal claim foundations in contract, tort, strict liability etc. even advised of possibility. Our liability cannot exceed the total paid fees from the customer related to the initial triggering event during previous year term.

Section 15 – Termination Rights

RockAloha may suspend or terminate any user account on Services or limit platform access at any time for violations of this Agreement, prolonged periods of inactivity, legal orders, security threats, unexpected technical disruptions or problems, extended power outages or any unanticipated obligations that risk finances or business reputation. We may also delete or deactivate dormant account profiles and related data for internal record keeping purposes subject to statutory data retention duties.

Section 16 – Modifications and Policy Updates

RockAloha may periodically update, alter or adjust these Terms and other website policies incorporated by reference. Updated publications supersede prior versions immediately upon posting updated documentation or providing communication trails to users. By continuing utilization of our Services, you accept responsibility for compliance any changes. Users are advised to periodically review the latest polices available on our website.

Section 17 – Notifications Communications

All notifications from RockAloha involving accounts, purchased products or services may be issued electronically through account dashboards, website postings or emails associated with registrations unless alternate communication directives are mutually executed in writing. Electronic communications are presumed received by email recipients no later than 24 hours from time it is issued.

Section 18 – No Waivers Implied

Any failure by RockAloha Ltd or its subsidiaries to enforce rights defined in these Terms or related policies does not constitute waiver of our rights to act protect business interests at a future date regarding that or other provisions.

Section 19 – Severability Preserved

If any clause described in these Terms is found unlawful, void or unenforceable, it shall be severed to preserve validity of remaining unaffected provisions. The inadequate provision will endure as enforceable as legally permissible.

Section 20 – Controlling Law

These Terms and Services provided by RockAloha are governed under Hawaii State laws without regard to conflict of law provisions. Services expressly exclude applicability of U.N. Convention on Contracts for the International Sale of Goods