TERMS AND CONDITIONS
Waiver of Liability, Release of Liability, and Asuumption of Risk Agreement
Rockgeist LLC, its owners, employees, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns (collectively, “SA”), which acts only as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier, or of any other person or entity. A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country.
Release of Liability
As lawful consideration of, and as part of the payment for, goods and products received from Rockgeist LLC, you, the customer, HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER Rockgeist LLC, their owners, employees, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in direct or indirect connection to Rockgeist LLC’s goods and products. I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family, my and their heirs, successors, assigns, and legal representatives. It is your intention to fully assume all risks associated with the goods and products sold from Rockgeist LLC and to release Rockgeist LLC from any and all liability to the maximum extent permitted by law.
Knowing and Voluntary Execution
By purchasing products from Rockgeist LLC you are agreeing to the terms and conditions outlined herein, you confirm that you have carefully read and understand the provisions and legal consequences of this agreement, and you hereby agree to all of its conditions. You agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Site Terms of Service, an Enforceable Legal Agreemen
As of January 14, 2016
Sales Tax Terms
ROCKGEIST LLC collects sales tax in states where we have physical presence (or nexus), including North Carolina.
User Prohibited From Illegal Uses
User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
User represents and warrants that:
- User will use the Services only as provided in these Terms;
- User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
- User will provide accurate, complete, and current information to the Site and its owner(s);
- User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.
Disclaimer of Warranties
To the maximum extent permitted by law, the site provides the services “as is” with all faults. The site does not warrant uninterrupted use or operation of the services, or that any data will be transmitted in a manner that is timely, uncorrupted, free of interference, or secure. The site disclaims representations, warranties, and conditions of any kind, whether express, implied, written, oral, contractual, common law, or statutory, including but not limited to any warranties, duties, or conditions of merchantability, fitness of a particular purpose, title, non-infringement, or that may arise from a course of dealing or usage of trade.
Liability Is Limited
The site shall not be liable for indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including but not limited to lost profits (regardless of whether we have been notified that such loss may occur) or exposure to any third party claims by reason of any act or omission. The site shall not be liable for any act or omission of any third party involved with the services, site offers, or any act by site users. The site shall not be liable for any damages that result from any service provided by, or product or device manufactured by, third parties. Notwithstanding any damages that user may suffer for any reason, the entire liability of the site in connection with the site or services, and any party’s exclude remedy, shall be limited to the amount, if any, actually paid by the user to the site owner during the 12 months prior to the event that user claims caused the damages.
Rockgeist LLC shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Rockgeist LLC shall not be liable for any shipping related delays, lost packaging, package theft, and is not responsible for tracking packages. This release of specific shipping related liability is applicable to all domestic and international shipping generated from rockgeist.com. Please take note that USPS does not provide tracking updates on international packages once they leave the US. Shipments outside the US may be subject to tariffs, duties, Value Added Tax(VAT), etc. These costs are the User’s responsibility and are not included in USPS shipping charges purchased from rockgeist.com.
Third party products, links, and actions
The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them.
Changes to the Site and the Services
The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.
This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/. The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.
Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.
The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms. All rights not expressly granted in these Terms are reserved by the Site.
Usernames, Passwords, and Profiles
If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.
If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to [email protected]. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.
We are based in Buncombe County, NC and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Buncombe County, NC, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Buncombe County, NC will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.
Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near Winston-Salem, North Carolina, under the rules of the American Arbitration Association.
User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services. There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law. Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Rockgeist gear is built with quality materials and to the highest standards of workmanship. All gear comes with a guarantee to the original owner that it will stand up to the abuse of its intended use. All of our gear is warrantied for workmanship. If you have an issue with a piece of gear you purchased from us, please email. Zipper failure, normal wear and tear, and neglect are NOT warrantied. Repairs for zipper damage, holes from tire-rub, or general wear and tear can sometimes be serviced for a modest labor and materials cost. For inquiries, please contact Rockgeist at [email protected]
Due to the nature of custom builds, sales of all custom work, including Medic bags and framebags are final. For all universal gear you can return new and unused items that were purchased through rockgeist.com within 30 days of receipt or delivery for a full refund. After 30 days of receipt or delivery, all sales of universal gear are final. Shipping expenses will not be refunded on returns or exchanges.
For orders placed on Universal Gear, then subsequently requested to be canceled, a full refund will be granted minus a 15% charge to help cover our sewing time on your item(s). Please email [email protected] for any return/cancelation inquiries.
If you have any questions about these Terms, please address them to [email protected].
These terms were last updated on February 5th, 2020