Terma Penggunaan

Last Updated: October 20, 2017

These Terms of Use (“Terms”) apply to your purchase and use of ROC headphones and other products (collectively, “Products”) and your access to and use of the websites, applications, other online products and services (collectively, including Products, our “Services”) provided by Global Lifestyle, Inc. d/b/a ROC and its subsidiaries and affiliated companies (“ROC” or “we”). By purchasing, accessing or using our Products or Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17, do not access or use our Products or Services.

We reserve the right to change or revise these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services, including to purchase Products from us, following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using our Services. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase Products from us.

If you have any questions about these Terms or our Services, please contact us at legal@roclivelifeloud.com.

You must be at least 13 years of age to access or use our Services and 18 years of age to purchase our Products. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Products or Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.  You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

The terms in this Section 4 govern your purchase of Products from ROC.

4.1 Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you permit us (or our third party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.  You must resolve any problem we encounter in order to proceed with your order.

4.2 Pricing and Availability

Product prices do not include applicable taxes and other charges, unless we clearly state in writing that a price includes applicable taxes.  All Products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Products without prior notice, even if you have already placed your order.  Prices for Products are subject to change at any time, but changes will not affect any order for Products you have already placed.

In the event that a Product you are interested in purchasing is not listed or is listed as "out of stock" on the Product’s information page, it is not currently available for ordering. Please check back at a later time as our Product inventory is subject to change.  

4.3  Taxes

You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Products. We will collect applicable sales tax if we determine that we have a duty to collect sales tax. We will present any taxes that we are required to collect at checkout.

4.4  Shipping; Risk of Loss

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage passes to you upon delivery of the Products to your specified delivery location.

4.5  Returns, Cancelling or Changing an Order

You may return any unused ROC Products for a full refund within thirty (30) days of delivery. You may cancel or make changes to your order as long as your request is made prior to shipment. To cancel or change an order, please visit our Contact page for ways to reach us and hours of service.

4.6  Limited Product Warranty

ROC warrants that new Products will be free of defects in material and workmanship under normal use in accordance with ROC’s user manuals for a period of twelve (12) months from the date of purchase in its original packaging by you.  This limited warranty extends to the original buyer only.  Within the period of warranty, ROC will, in its sole discretion and to the extent permitted by law, either repair your Product using new or refurbished parts, replace your Product with a new or refurbished Product, or accept the return of the Product in exchange for a refund of the purchase price you paid for the Product.  All warranty repairs or service must be performed by ROC.  This warranty does not apply to damage resulting from misuse, abuse, accidents, or other than normal use.  To arrange for warranty repair or service, please visit our Contact page for ways to reach us and hours of service.

4.7  Errors

We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all Product descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order or delivering a Product, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

By creating a ROC account, you also consent to receive electronic communications from ROC (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and ROC.

You grant ROC and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) will be visible to the public.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from that user and ROC;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose ROC or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ROC Content”) are owned by or licensed to ROC and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, ROC and our licensors reserve all rights in and to our Services and the ROC Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and ROC Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or ROC Content; (b) copy, reproduce, distribute, publicly perform or publicly display ROC Content, except as expressly permitted by us or our licensors; (c) modify the ROC Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or ROC Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or ROC Content other than for their intended purposes. Any use of our Services or ROC Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about ROC or our Products or Services (collectively, “Feedback”), is non-confidential. If you provide ROC with any Feedback, ROC is free to retain, use and incorporate such Feedback in ROC’s and/or its affiliates’ products and/or services, without payment of royalties or other consideration to you.

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify ROC’s Designated Agent as follows:

Designated Agent: Glenn Wisegarver

Address: 316 Main St., Ste 500

Edmonds, WA 98020

Telephone Number: 206-717-4848

Fax Number: 800-256-4508

E-Mail Address: legal@roclivelifeloud.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ROC for certain costs and damages.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless ROC, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “ROC Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify ROC Parties of any third-party Claims, cooperate with ROC Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees).  You also agree that the ROC Parties will have control of the defense or settlement, at ROC's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ROC or the other ROC Parties.

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.

Your use of our Services is at your sole risk. Except for the limited Product warranty in Section 4.6, ur Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, ROC does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While ROC attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

ROC and the other ROC Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if ROC or the other ROC Parties have been advised of the possibility of such damages.

The total liability of ROC and the other ROC Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $500 by you to access or use our Services.

The limitations set forth in this section will not limit or exclude liability for personal injury, death or property damage caused by Products purchased through the Services or for the gross negligence, fraud or intentional, willful, malicious or reckless misconduct of ROC or the other ROC Parties.

To the fullest extent permitted by applicable law, you release ROC and the other ROC Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local lawExport Compliance

All or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services. You may not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), and you may not provide access to our Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that: (a) you are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.

Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with ROC and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this agreement.

Some jurisdictions may limit or prohibit arbitration agreements or class action waivers. If you are a resident of such a jurisdiction, the below arbitration agreement and class action waivers are not applicable to you. Instead, the provisions requiring that disputes be heard in the small claims court will apply to any claims that you may have against us. If your dispute exceeds the monetary or other limits on jurisdiction of your local small claims court, any dispute will be heard in the federal or state courts in King County, Washington.

Except for small claims disputes in which you or ROC seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or ROC seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and ROC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute that you have against ROC, you agree to first contact ROC and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to ROC by email at legal@roclivelifeloud.com or by certified mail addressed to: Global Lifestyle Inc. at 316 Main St., Ste A-3, Edmonds, WA 98020. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought.  Our notice to you will be similar in form to that described above. If you and ROC cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by JAMS or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.  

You and ROC agree that any dispute arising out of or related to these Terms or our Services is personal to you and ROC and that any dispute will be resolved solely through individual arbitration and will not be brought, whether inside or outside arbitration, as a class arbitration, class action or any other type of representative proceeding.

You and ROC agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law.   As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

You and ROC agree that for any arbitration you initiate, you will pay the filing fee and ROC will pay the remaining JAMS fees and costs.  For any arbitration initiated by ROC, ROC will pay all JAMS fees and costs. You and ROC agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  

Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and ROC will not have the right to assert the claim.  

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by emailing us at legal@roclivelifeloud.com. In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.

If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.  Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.  

Any dispute arising from these Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between you and ROC relating to your access to and use of our Services or Products. The failure of ROC to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.