Terms of service

OVERVIEW
This website is managed by Rockscaledesign. In this site, the terms “we”, “us", and “our” denote Rockscaledesign. We provide this website, along with all information, tools, and services offered here, subject to your acceptance of all terms, conditions, policies, and notices mentioned.

When you visit our site or make a purchase, you enter into our “Service” and agree to abide by these terms and conditions (“Terms of Service" or "Terms”), including any additional terms, conditions, and policies linked or referenced here. These Terms apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and content contributors.

Please review these Terms of Service thoroughly before accessing or using our website. By doing so, you agree to comply with these Terms. If you do not accept all the terms and conditions outlined in this agreement, you are prohibited from accessing the website or utilizing any services. Should these Terms of Service be construed as an offer, acceptance is strictly confined to the Terms themselves.

Any new features or tools added to the current store will also be governed by the Terms of Service. You can view the latest version of the Terms of Service on this page at any time. We reserve the right to update, modify, or replace any portion of these Terms by posting updates and/or changes on our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the website after the posting of any changes signifies your acceptance of those changes.

Our online store operates through Shopify Inc., which provides the e-commerce platform for selling our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By accepting these Terms of Service, you confirm that you are either of legal age in your state or province of residence, or that you are the legal age and have granted consent for any minor dependents to access this site. 

You are prohibited from using our products for any illegal or unauthorized activities, and you must not violate any laws applicable in your jurisdiction (including but not limited to copyright laws) while using the Service.

You must not send any worms, viruses, or destructive code.

Any breach of these Terms will lead to an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We maintain the right to deny service to anyone at any time for any reason.

You acknowledge that your content (excluding credit card details) may be transferred without encryption and could involve (a) transmissions across various networks; and (b) modifications to meet the technical requirements of different networks or devices. However, credit card information is always encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, its usage, or your access to the Service or any communications on the website through which the service is provided, unless you have our explicit written permission.

The headings in this agreement are solely for convenience and do not limit or impact these Terms in any way.

SECTION 3 - INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS

We are not liable for any inaccuracies, incompleteness, or lack of currency in the information presented on this site. The content here is meant for general informational purposes only and should not be used as the only basis for decision-making without consulting more accurate or timely primary sources. Any reliance on the material provided is done at your own risk.

This site may include certain historical information, which is inherently outdated and intended for your reference solely. We retain the right to change the content of this site at any time and are not obligated to update any information. You acknowledge that it's your responsibility to keep track of any changes made to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Our product prices may change without prior notice.

We retain the right to alter or discontinue the Service (or any part or content of it) at any time without notice.

We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may only be available through the website. These offerings could have limited availability and returns or exchanges are only permitted in accordance with our Return Policy.

We strive to accurately display the colors and images of our products in the store. However, we cannot guarantee the accuracy of colors as they appear on your computer monitor.

We reserve the right, though we are not required, to limit the sale of our products or services to any individual, geographic area, or jurisdiction. This right may be enforced on a case-by-case basis. We may also impose limits on the quantity of any products or services offered. All product descriptions and pricing are subject to change at any time without notice at our sole discretion. We may discontinue any product at any time. Any offer for products or services made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations, nor that any errors in the service will be rectified.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We have the right to refuse any order you place. We may, at our discretion, limit or cancel purchases made by an individual, household, or order. These limitations can include orders from the same customer account, the same credit card, or those that utilize the identical billing and/or shipping address. If we alter or cancel your order, we’ll try to notify you by reaching out to the email and/or billing address/phone number you provided during the order process. We also reserve the right to restrict or deny orders that, in our judgment, seem to be made by dealers, resellers, or distributors.

You are required to provide accurate, up-to-date purchase and account details for all transactions made in our store. You must promptly update your account and other relevant information, including email addresses and credit card details, so we can complete your orders and reach you when necessary.

For further details, please check our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may give you access to third-party tools that we neither monitor nor control. You acknowledge and agree that we offer these tools ”as is” and “as available," with no warranties, representations, or conditions, and without endorsement. We have no liability for any consequences related to your use of these optional third-party tools. Your use of these tools is entirely at your own risk and discretion, and you should be sure to understand and agree to the terms set by the third-party providers.

In the future, we may introduce new services and features through the website, including new tools and resources. These additional features and services will also be governed by these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Some content, products, and services provided through our Service may include materials from third parties. Links to third-party websites on this site may lead you to entities that are not affiliated with us. We do not check or assess the content for accuracy and disclaim any warranties. Therefore, we are not liable for any third-party materials, websites, or any other third-party products or services. We cannot be held responsible for any harm or damages linked to the purchase or use of goods, services, resources, content, or any other transactions associated with third-party websites. We encourage you to thoroughly review the policies and practices of any third parties before proceeding with any transactions. Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the respective third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send specific submissions (like contest entries) at our request or send creative ideas, suggestions, proposals, plans, or other materials without a request from us—whether online, via email, postal mail, or any other method (collectively referred to as 'comments')—you agree that we can edit, copy, publish, distribute, translate, and otherwise use those comments in any medium at any time without any restrictions. We are not obligated (1) to keep any comments confidential; (2) to provide compensation for any comments; or (3) to respond to any comments.

While we may choose to monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, we are not required to do so and will do so at our sole discretion. 

You agree not to violate the rights of any third party with your comments, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Additionally, you agree that your comments will not include any libelous, unlawful, abusive, or obscene content, nor contain any computer viruses or malware that could affect the operation of the Service or related websites. Misleading us or third parties about the origin of any comments, such as using a false email address or pretending to be someone else, is prohibited. You are entirely responsible for the accuracy of any comments you make, and we assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Sometimes our site or the Service may feature information that includes typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors or inaccuracies and to change or update information or cancel orders if any details in the Service or on linked websites are found to be incorrect at any time without prior notice, even after an order has been placed. We are not obligated to update, amend, or clarify any information in the Service or on related websites, including pricing information, unless legally required. No specific update or refresh date present in the Service or on related websites should imply that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

Alongside the other restrictions outlined in the Terms of Service, you may not use the site or its contents for: (a) unlawful purposes; (b) soliciting others to engage in illegal activities; (c) breaching any international, federal, state, or local laws and regulations; (d) infringing on our or others’ intellectual property rights; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) providing false or misleading information; (g) uploading or transmitting viruses or malicious code that may disrupt the functionality of the Service or related websites, or the Internet; (h) collecting or tracking others’ personal information; (i) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) any obscene or immoral activities; or (k) interfering with or bypassing the security features of the Service or related websites, or the Internet. We reserve the right to terminate your access to the Service or any related website if you violate any of these prohibitions.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through it are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us. In no case shall Rockscaledesign, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold Rockscaledesign, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claims or demands, including reasonable attorneys’ fees, that arise from your breach of these Terms of Service or related documents, or from your violation of any law or third-party rights.

SECTION 15 - SEVERABILITY

If any part of these Terms of Service is found to be unlawful, void, or unenforceable, it will still be enforceable to the maximum extent allowed by law. The unenforceable portion will be severed from the Terms, but this will not impact the validity and enforceability of the other provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of both parties arising before the termination date will remain effective after this agreement ends.

These Terms of Service will continue to be in effect unless terminated by either you or us. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by stopping your use of our site.

If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or if we suspect you may have done so, we may terminate this agreement at any time without notice. You will still be responsible for any amounts owed up to the termination date, and we may deny you access to our Services (or any part of them).

SECTION 17 - ENTIRE AGREEMENT

Failing to exercise or enforce any right or provision in these Terms of Service does not mean we waive that right or provision. 

These Terms of Service, along with any policies or operating guidelines we post on this site or regarding The Service, form the complete agreement and understanding between you and us. They govern your use of the Service and replace any earlier agreements, communications, or proposals—whether oral or written—between you and us, including earlier versions of the Terms of Service. 

Any ambiguities in interpreting these Terms of Service will not be interpreted against the party that drafted them.

SECTION 18 - GOVERNING LAW

These Terms of Service, along with any separate agreements for the Services we provide, will be governed by and interpreted according to the laws of Rockscale Design, PO Box 9147, Fountain Valley, CA 92728, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can always check the latest version of the Terms of Service on this page. We reserve the right to update, modify, or replace any part of these Terms at our discretion, by posting updates on our website. It’s your duty to periodically review our website for any changes. Your continued use of or access to our website or the Service after changes are posted signifies your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Service@rockscaledesign.com.