TERMS AND CONDITIONS

These terms and conditions (“Terms”, “Agreement”) are an agreement between Rock by Rock LLC (“Rock by Rock LLC”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the rockbyrock.com website and any of its products or services (collectively, “Website” or “Services”).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. When you buy a subscription and create an account during the signup process you acknowledge that you have read, understood and agree to be bound by the following terms and conditions, including Rock by Rock’s privacy policy. If you are not eligible, or do not agree to these Terms, then please do not use the Service.

ROCK BY ROCK OVERVIEW

Rock by Rock is an education company that provides projects and tools to support K-5 project-based learning. Our blended-learning platform provides both online and hands-on experiences to empower kids to solve real-world challenges. These include interactive online modules with an offline student Mission Log and hands-on activities. All of these materials and activities can be accessed at home, in schools and at other institutions.

Eligibility. By agreeing to these Terms, you represent and warrant to us: (i) that you have not previously been suspended or removed from the Service; (ii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations; and (iii) that all registration information you submit is accurate and truthful, including the information that you use to register for the Service. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

ACCOUNTS AND MEMBERSHIP

In order to use certain features of the Site or Services, you must register for an account with Rock by Rock (“Account”) and provide certain information about yourself as prompted by the Site registration form. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You may not use a username or user profile that is used by someone else or that violates these Terms. We reserve the right to reclaim any username that violates these Terms.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Rock by Rock of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Rock by Rock cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Free Trial Policy: To provide a preview into our materials, we provide a free trial that is limited to 1 per person, per year. Additionally the primary account holder of a free trial must be age 18 or older. Students must use an account that is created by an adult to ensure that no personal identifying information is collected (like an email address). As per our Privacy Policy, if we discover any student data in our systems, we are obligated to delete the data within 24 hours of discovery.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

USER CONTENT

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

BILLING AND PAYMENT

Rock by Rock offers annual auto-renew subscription options for home, classroom and school accounts. Once you purchase an account, you are able to access our full library of online content and download educator’s guides, teacher’s notebooks and material lists. These materials are for your use only and are not to be shared with other educators or posted, in part or in whole, on any other website, platform or on social media.

All annual subscriptions are set auto-renew and will auto-renew until canceled. Rock by Rock will bill your Payment method on the one year date of when you first purchased your subscription (i.e. if you purchased on 1/2/2022 then your renewal date will be 1/2/2023). Auto-renewing subscriptions will continue for the initial term and then will automatically renew for successive periods generally equal to the initial term of the subscription.

Renewals for paid subscriptions can be turned off at any time in 1-click on the “My Accounts” page or by contacting us by phone or email. Canceling renewals stop all future renewals from being charged, however, previous charges before the date of cancellation will not be returned.

Free Trials will automatically charge your credit card an annual fee once the trial period is over. You can cancel your subscription and receive a refund within 15 days of when your annual subscription is charged. Post the 15th day, you will not receive a prorated refund for the remainder of your subscription.

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

CANCELATION POLICY

Home and Classroom annual paid subscriptions can only be canceled and refunded within 15 days of opening a paid account or renewal date. Renewals for paid subscriptions can be turned off at any time in 1-click on the “MY Accounts” page or by contacting us by phone or email. Canceling renewals stop all future renewals from being charged, however, previous charges before the date of cancellation will not be returned.

For school and district accounts, all associated teacher log-ins will expire when you decide to cancel your account at the end of the annual subscription period.

PRIVACY POLICY

Privacy Policy: Please read the Rock by Rock Privacy Policy carefully for information relating to our collection, use, storage and disclosure of personal information collected through use of the Service. The Rock by Rock Privacy Policy is hereby incorporated by reference into, and made a part of, these terms

ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. 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 Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

THIRD PARTY SERVICES

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Rock by Rock LLC with respect to such other services. Rock by Rock LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Rock by Rock LLC to disclose your data as necessary to facilitate the use or enablement of such other service.

BACKUPS

We are not responsible for your Content residing on the Website. In no event shall we be held liable for any loss of your Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

LINK TO OTHER WEBSITES

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Rock by Rock LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

PROHIBITED USE

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

INTELLECTUAL PROPERTY RIGHTS

This Agreement does not transfer to you any intellectual property owned by Rock by Rock LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Rock by Rock LLC. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Rock by Rock LLC or Rock by Rock LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Rock by Rock LLC or third-party trademarks.

DISCLAIMER OF WARRANTY

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will Rock by Rock LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Rock by Rock LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Rock by Rock LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Rock by Rock LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold Rock by Rock LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New York, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New York, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

ASSIGNMENT

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

CONTACTING US

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@rockbyrock.com.

This document was last updated on March 4th, 2022.