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Terms & Conditions

Please read these Terms of Service (collectively with Rockets of Awesome's Privacy Policy located at https://www.rocketsofawesome.com/privacy, the "Terms of Service") fully and carefully before using www.rocketsofawesome.com (the "Site") and the services, features, content, or applications offered by Launch Kids, Inc. ("Rockets of Awesome", "we", "us", or "our") (together with the Site, and application, the "Services"). These Terms of Service set forth the legally binding terms and conditions for your use of the Site, application, and the Services.

  • Acceptance of Terms of Service.

    • a. By registering for and/or using the Services in any manner, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published through the Services, each of which is incorporated by reference and each of which may be updated from time to time.

    • b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

    • c. PLEASE NOTE: SECTION 17 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND ROCKETS OF AWESOME ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

  • Eligibility. You represent and warrant that you are at least 18 years of age. If you are under 18 years old, you may not use the Services. The Services are not intended for use outside of the United States. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you, and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

  • Registration. Access to some parts and features of the Services may require you to have an active Rockets of Awesome account ("Account"). You can register for an Account by providing an email and password or by logging in via Facebook (an example of a "Third Party Account"). By signing into the Services through or linking your Account to any Third Party Account, you permit us to access and aggregate certain information from your profiles and the profiles of individuals you are connected with on such sites for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account by emailing one of our employees at help@rocketsofawesome.com, requesting that we delete your Account from the Services.

  • Overview of Services. Rockets of Awesome offers you access to children's clothing items selected for you based on your child's style preferences. You initiate your membership by answering questions about your child's preferences, gender, age and sizes and then activating your Account. There is no obligation to purchase any clothes after registering. If you sign up to receive seasonal shipments (or at any time choose to opt-in to receive seasonal shipments), each season, we will send you a box with a specified number of clothing items ("Items") that represent your child's preferences based on your answers (each, a "Box"). If you signed up your child to receive only one box shipment, we will send only one Box. For each Box that we ship to you, we will charge you a non-refundable fee (the "Service Fee"), which will be credited towards any purchase of Items in such Box (the "Service Fee Credit"). You acknowledge that the Service Fee Credit for a given Box can only be applied to the purchase of Items in such Box, and any unused portion or whole of the Service Fee Credit will be forfeited. There is no obligation to keep any of the Items received, and your child can try on the clothing and decide which Items to keep. You will be charged only for the Items you do not return to us in the manner and timeline specified herein. With respect to the Items that you do not want to purchase, you have five days subsequent to receipt of the Box to return such Items via either a prepaid envelope or reusing the box you received from us. You can notify us of the Items that you intend to keep through the Services, and we will charge your Payment Method (defined below) immediately for such Items. For all Items not received within the five day period specified above, we will also charge your Payment Method the cost of such Items.

  • Purchasing Products.

    • a. Eligibility. In order to activate your Account or submit an order for Items or other products through the Services, you must be at least 18 years old and have a valid credit card, with full authority to use it. Although the products available for purchase on Rockets of Awesome are children's products, it is our policy to only sell them to adults.

    • b. Membership. By registering through the Services, and activating your Account, you will be enrolled in our seasonal membership program if you sign up to receive seasonal shipments (or at any time choose to opt-in to receive seasonal shipments). Thereafter for customers enrolled in the seasonal membership program, Boxes are on a subscription basis and will be sent to you seasonally until you cancel or pause your membership. By activating your Account and enrolling in the seasonal membership program, you agree and acknowledge that your membership includes seasonal Boxes, a Service Fee for each Box shipped to you (and the corresponding Service Fee Credit), and payments for any Items you do not return within the timelines stated above. There is no requirement that you purchase any Items, and you may cancel your membership at any time in accordance with the terms specified herein.

      • i. Automatic Renewal Terms. By creating an Account and signing up to receive seasonal shipments (or at any time choosing to opt-in to receive seasonal shipments), you agree and acknowledge that you will continue to receive additional Boxes from us on a seasonal basis without further authorization from you, until you notify us of your desire to no longer receive automatic shipments of Boxes. IF YOU WISH TO CANCEL AUTOMATIC RENEWAL, YOU CAN DO SO BY EMAILING US AT help@rocketsofawesome.com OR FOLLOWING THE INSTRUCTIONS AVAILABLE THROUGH YOUR ACCOUNT AT rocketsofawesome.com. In order to ensure that you do not receive the next scheduled Box, you must cancel your seasonal membership no fewer than 5 days prior to the next shipment date.

      • ii. Pausing Your Membership. If you are enrolled in the seasonal membership program and you wish to pause your seasonal membership and not receive a Box for a given season, you must contact us via email at help@rocketsofawesome.com. If you do so, we will not ship the next scheduled Box, or any subsequent Boxes, until you inform us of your desire to reactivate your membership and again begin receiving shipments of Boxes.

      • iii. Skipping a Box Shipment. If you are enrolled in the seasonal membership program and you wish to not receive a Box for a given season, you may skip a given Box shipment by following the instructions available through your account at rocketsofawesome.com, no later than 5 days before the shipment of the Box shipment you wish to skip.

    • c. Non-Subscribers. By registering through the Services, and activating your Account, you will receive only one Box for your child if you sign up your child to receive only one box. By activating your Account and signing up to receive only one Box, you agree and acknowledge that you will be responsible for the Service Fee for the Box shipped to you (and the corresponding Service Fee Credit), and payments for any Items you do not return within the timelines stated above. There is no requirement that you purchase any Items.

    • d. Prices; Colors; Availability.

      • i. All prices listed on the Services are subject to change.

      • ii. Although we try to make sure the Services only display accurate prices, and we try to assist in correcting errors as we become aware of them, you may occasionally encounter mispriced items on the Services. In the event an Item or other product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel any order prior to shipment of such order, even if the order has been confirmed and your credit card has been charged.

      • iii. Please note that the colors of Items and other products may depend on the settings of your monitor or screen, and therefore the color of a product on your display may differ from the product you actually receive. All size and measurement information is approximate, but we make every effort to ensure that information is as accurate as possible.

      • iv. Although we try to display updated inventory information on the Services, the availability of Items and other products on the Services may change at any time, without notice.

    • e. Shipping; Order Confirmation; Returns. Please see our Shipping and Returns Policy here for information regarding these policies.

    • f. Payment.

      • i. Payment Processing. Rockets of Awesome does not process payments made through the Services---that is handled by our third party payment processor ("Payment Processor"). The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processors that the Payment Processor may use as well as the terms of service or any applicable terms of the Payment Processor. We currently use Stripe as our Payment Processor ( www.stripe.com). Additional payment terms may be set by our Payment Processor. For each product or service you order through the Services, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, and any delivery fees for the delivery service you select, if applicable) as of the time you submitted the order. The total charge for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges on orders shipped to any other state. Upon your acceptance of Items contained within your Box, our Payment Processor may automatically bill the total amount of your order to the payment method you provide ("Payment Method"), such as the credit card you submit as part of the order process. We and our Payment Processor reserve the right to correct any errors or mistakes in payment amounts, even if the applicable payment processor has already requested or received payment. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy. To mitigate potential fraud, at our sole discretion, we may authorize your credit or debit card up to the full retail amount of your order prior to shipment.

      • ii. Payment Method. The terms of your payment will be based on the Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.

      • iii. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR ALL ORDERS PLACED AND ALL PAYMENTS MADE THROUGH THE SERVICES. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). If our Payment Processor does not receive payment from you for a purchase you make through the Services, you agree to pay all amounts due by you upon demand.

    • g. Referral Program. Rockets of Awesome offers brand advocates the opportunity to refer friends to participate in the Refer a Friend Program. For the terms and conditions of the Refer a Friend Program, please see the Refer a Friend Program Terms. Offer codes may not be used in conjunction with the Refer a Friend Program.

  • Errors, Inaccuracies, and Omissions. Despite our efforts, errors may appear from time to time. Therefore, we cannot guarantee the accuracy or timeliness of any Content (defined below) made available through the Services. Occasionally there may be information on our Site, application, or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site, application, or Services is inaccurate at any time without prior notice (including after you have submitted your order).

  • Content.

    • a. Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, product information, reviews, testimonials, advertisements, articles, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

    • b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

    • c. Notices and Restrictions. The Services may contain Content that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

    • d. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

    • e. Sharing. Occasionally, the Services will expressly allow you to redistribute, or "share," certain Content for personal, non-commercial use, such as through your social network account, blog, or email when you think the Content will be of interest to others in your social network. When Content is authorized for sharing, we will clearly identify the Content that you are authorized to redistribute and the ways you may redistribute it, usually by providing a "share" button on or near the Content. However, please note that we may revoke this authorization at any time. Additionally, if you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

    • f. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services, and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

    • g. Feedback. Any developments or modifications (including all related intellectual and proprietary rights) made by us or you, either independently or at our direction, in any way relating to the Services (whether or not influenced, made or suggested by you), and any feedback, suggestions or other information you provide to us relating to the Services, regardless of how or where provided, shall be our sole property.

  • Availability of Content; No Duty to Monitor. We do not guarantee that any Content will be made available on the Site and application, or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (b) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any User Content.

  • Rules of Conduct.

    • a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

    • b. You shall not (and shall not permit any third party to) either (1) take any action or (2) upload, download, post, submit, or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

      • i. infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;

      • ii. you know is false, misleading, untruthful, or inaccurate;

      • iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane, contains or depicts inappropriate nudity, or is otherwise inappropriate as determined by us in our sole discretion;

      • iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

      • v. contains 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;

      • vi. impersonates any person or entity, including any of our employees or representatives; or

      • vii. includes anyone's identification documents or sensitive financial information.

    • c. 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 infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (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 Services; or (vii) otherwise take any action in violation of our guidelines and policies.

    • d. 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 Services (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 Services, 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.

    • e. 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 of Service, 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.

  • Links to Third Party Services. The Services may permit you to link to other websites, services, or resources on the Internet ("Third Party Sites"), and other websites, services, or resources may contain links to the Services. When you access Third Party Sites, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, products, or services available on or through any such website or resource. All matters concerning transactions you have with any Third Party Sites are solely between you and the third party with whom you choose to transact, and we are not a party to any such transactions. We make no representations or warranties with regard to any goods or services provided by any third parties.

  • Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by emailing one of our employees at help@rocketsofawesome.com, requesting that we delete your Account from the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  • Warranty Disclaimer.

    • a. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

      • i . which users gain access to the Services;

      • ii . the Content or products you access via the Services; or

      • iii . how you may interpret or use the Content or products.

    • b. WE PROVIDE THE SERVICES (INCLUDING THE SITE AND APPLICATION) "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS) DO NOT MAKE ANY (AND HEREBY DISCLAIM ALL) WARRANTIES OR GUARANTEES ABOUT THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES (I) THAT THE SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, OR ANY OTHER MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR FREE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING, OR THAT THEY WILL MEET YOUR REQUIREMENTS; (II) ARISING FROM OR IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OR TRADE; (III) REGARDING RESULTS OF USE; (IV) THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THEY WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS; OR (V) ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

    • c. You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

    • d. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

  • Mobile/Wireless Policy. Some of our Services may allow you to receive SMS notifications from us. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, the following terms apply:

    • a. When you opt in, you agree to receive recurring automated promotional, personalized marketing (e.g. cart reminders), and/or order update text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

    • b. Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

    • c. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Rockets of Awesome, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
      We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will Rockets of Awesome, or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. If your carrier does not permit text alerts, you may not receive the Rockets of Awesome text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounceback message for every message you send to us.

    • d. Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us. We will never share this information with a third party.

    • e. Cancellation

      Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Rockets of Awesome and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Rockets of Awesome through any other programs you have joined until you separately unsubscribe from those programs.

    • f. Help

      Text the keyword HELP to our shortcode to return customer care contact information.

    • h. Customer Care

      If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

    • i. Contact

      This message program is a service of Rockets of Awesome, you can contact us at help@rocketsofaweome.com or Rockets of Awesome, 99 Wall Street #2937, New York, NY 10005.

Dispute Resolution

  • General. In the interest of resolving disputes between you and Rockets of Awesome  in the most expedient and cost effective manner, you and Rockets of Awesome  agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Rockets of Awesome or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Rockets of Awesome or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Rockets of Awesome ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

  • Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Rockets of Awesome  to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

  • Arbitrator. Any arbitration between you and Rockets of Awesome  will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Rockets of Awesome. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

  • Notice; Process. If you or Rockets of Awesome intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Rockets of Awesome address for Notice is: Rockets of Awesome, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Rockets of Awesome will make good faith efforts to resolve the claim directly, but if you and Rockets of Awesome do not reach an agreement to do so within 30 days after the Notice is received, you or Rockets of Awesome may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Rockets of Awesomemust not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Rockets of Awesome will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Rockets of Awesome for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Rockets of Awesome agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Rockets of Awesome made within 14 days of the arbitrator's ruling on the merits.

  • No Class Actions. YOU AND Rockets of AwesomeAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rockets of Awesome agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

  • Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Rockets of Awesome makes any future change to this arbitration provision, other than a change to Rockets of Awesome address for Notice, you may reject the change by sending us written notice within 30 days of the change to Rockets of Awesome address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Rockets of Awesome.

  • Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

  • Indemnification. You shall defend, indemnify, and hold harmless us and our affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  • Limitation of Liability.

    • a. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR ANY INFORMATION, PRODUCTS, SERVICES, OR THIRD PARTY MATERIALS OBTAINED THROUGH THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR RIGHTS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF (A) FEES PAID TO US FOR THE APPLICABLE PURCHASE, OR IN THE CASE OF SERVICES, FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.

    • b. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

  • Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be resolved in New York County, New York.

  • Class Action Waiver -- IMPORTANT -- PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

    • a. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN NEW YORK, NEW YORK UNDER THE STREAMLINED ARBITRATION RULES AND PROCEDURES ("RULES") OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS") THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.

    • b. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with us.

  • Apple Device and Application Terms. In the event you are accessing the Services via the Application on a device provided by Apple Inc. ("Apple") or an application obtained through the Apple App Store, the following shall apply:

    • a. Both you and Rockets of Awesome acknowledge that these Terms are concluded between you and Rockets of Awesome only, and not with Apple, and that Apple is not responsible for the Application or any content made available through the Application;

    • b. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

    • c. You will only use the Application in connection with an Apple device that you own or control;

    • d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

    • e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

    • f. You acknowledge and agree that Rockets of Awesome, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

    • g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Rockets of Awesome, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

    • h. You represent and warrant that you are not located in a country subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties;

    • i. Both you and Rockets of Awesome acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

    • j. Both you and Rockets of Awesome acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third party beneficiary hereof.

  • Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

  • Miscellaneous.

    • a. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and application, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    • b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

    • c. Assignment. These Terms of Service 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.

    • d. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

    • e. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to help@rocketsofawesome.com.

    • f. No Waiver. 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.

    • g. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact. You may contact us at the following address: 99 Wall Street #2937, New York, NY 10005.

Effective Date of Terms of Service: April 13, 2021

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