TERMS OF USE POLICY

Modified 11/23/2020

Rocky’s Paradise welcomes you to RockysParadise.com  . We ask that you read the following terms of use, which constitute a license that covers your use of this site and any transactions that you engage in through this site (Agreement). By accessing, viewing, or using this site, you acknowledge that you have read, understand, and agree with these terms. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

1. Essential Manufacturing Inc with its corporate headquarters at 4204 215th Place, Bayside, NY 11361, United States of America, its subsidiaries and affiliated companies, provides this website, RockysParadise.com   (our “Site”) for use by customers in the United States. Our Site is controlled and operated from the United States and is subject to United States law. Rocky’s Paradise makes no representation that the Site materials are available for use outside the United States.

1. The content and information displayed on the Site are Rocky’s Paradise property and are collectively referred to as “Rocky’s Paradise Information”. The downloading, reproduction, or retransmission of Rocky’s Paradise Information, other than for non-commercial individual use, is strictly prohibited.

1. Our Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Rocky’s Paradise and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Rocky’s Paradise and/or other parties is granted to or conferred upon you.

1. You agree that you will not use any device, software, or other instrumentality to interfere with or attempt to interfere with the proper working of our Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Site or the Rocky’s Paradise Information contained therein, or any aspect of the Site or the Rocky’s Paradise Information, without the prior express consent from an authorized Rocky’s Paradise representative (such consent is deemed given for standard search engine technology employed by Internet search website to direct Internet users to our Site). Furthermore, you agree that you will not use our Site for any purpose that is illegal, unlawful, or prohibited by these Terms of Use. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict, tamper, or otherwise affect the proper operation of our Site in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use our Site in any threatening, harassing, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Site, including, without limitation, if you violate any of the provisions of these Terms of Use.

1. You agree that you will make only legitimate purchases in good faith, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent purchases.

1. Our Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Site (“Access Codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms of Use.

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND ROCKY’S PARADISE INFORMATION ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE,” BASIS. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITE AND/OR ROCKY’S PARADISE INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITE AND/OR ROCKY’S PARADISE INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

To the maximum extent permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any website linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.

1. With respect to all communications you make to us regarding Rocky’s Paradise Information including, but not limited to, feedback, questions, comments, suggestions, social media posts, reviews and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content, or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information as outlines in our Privacy Policy.

1. Rocky’s Paradise Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Rocky’s Paradise does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor purchases affected by such inaccuracies. Rocky’s Paradise reserve the right to make changes, corrections, cancellations and/or improvements to Rocky’s Paradise Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

1. USER NAME AND PASSWORDS: We have provided you with the ability to create a unique password so that access to information related to your profile and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. Rocky’s Paradise does not assume liability for any access to information or transactions that are executed with the password created by you. We strongly recommend that you change the password on a periodic basis and whenever you suspect that knowledge of the password is no longer limited to those whom you have authorized.

1. Our Site contains information on Rocky’s Paradise nationwide products and services, not all of which are available in every location. A reference to a Rocky’s Paradise product or service on our Site does not imply that such product or service is or will be available in your location.

Any use of the maps functionality on this site shall be governed by the End User Terms of Use for Google Maps application. Rocky’s Paradise shall have no liability for your use of Google Maps or for any results, including driving directions, generated by Google Maps.

1. If you choose to leave our Site via links to other third-party websites, including those of advertisers, our Terms of Use and our Privacy Policy will no longer apply. We are not responsible for the terms of use or privacy policies of those third-party website or the cookies they use. In addition, because we have no control over such third-party Sites and resources, you acknowledge and agree that Rocky’s Paradise is not responsible for the availability of such third-party Site or resources, and that Rocky’s Paradise does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third-party Sites or resources.

1. These Terms of Use shall be construed and enforced under the laws of the State of New York, USA, without reference to its conflict-of-law provisions. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State of New York and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of our Site. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

SOCIAL CONTENT

1. By posting on social media by using the #RockysParadise, #RockysParadisePetSupplies or by submitting a review on our Site in any variation of punctuation or capitalization I hereby agree to the following Terms of Use.

1. USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, AND LIKENESS. I hereby grant to Essential Manufacturing Inc (“Rocky’s Paradise”), its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the “Permitted Parties”) the right and permission to use my name and/or handle, image and likeness, text, and photograph I’m posting to social media platforms including but not limited to SnapChat, Pinterest, Twitter , Facebook, and Instagram by using any variation of #RockysParadise )(collectively, the “Content”) on the PetSuppliesPlus.com website, SnapChat, Pinterest, Facebook, Instagram, Twitter, and other social media platforms used or operated by Rocky’s Paradise and the Permitted Parties (the “Website”). I agree that the Content may be distributed, published, exhibited, digitized, displayed, reproduced, and otherwise used, on the Website, at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. I agree that I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and I irrevocably waive any and all so-called moral rights I may have in the Content.

1. INTELLECTUAL PROPERTY. The trademarks, tradenames, and logos of Rocky’s Paradise are proprietary to Rocky’s Paradise and may not be used for any reasons other than as expressly permitted by Rocky’s Paradise. All Content, graphics, code, and software used on or incorporated into the Website (including information provided by users), and the arrangement or integration of all such Content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Rocky’s Paradise. Except for information for which you have obtained express and written authorization from Rocky’s Paradise, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

1. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Website, I must be in compliance with the terms and conditions of such Website.

1. TAKEDOWN. If I want my Content removed from the Website, I understand it may take up to 60 days.  To initiate the process, I will send an email message to [email protected].

1. with the subject line Image Removal.In the body of the email I will include (a) Name, (b) Address, (c) Phone Number, (d) a screen shot of the Image, (e) the complete web address the image was seen on, (f) the date the image was seen and (g) a brief description of why the image needs to be removed.

1. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. I represent and warrant as follows: (a) I have the right to post the Content; (b) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the Content does not contain any content that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous, or otherwise depicts inappropriate behavior. I hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any Content or any breach or alleged breach of any of my warranties, representations or agreements hereunder. 

1. NO OBLIGATION TO USE. I understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Website at any time for any reason in Permitted Parties’ sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another’s rights, including, without limitation, privacy, publicity or intellectual property rights. 

1. IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY. I hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys’ fees be awarded or recoverable; and (c) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages (other than actual out of pocket expenses), and/or any and all rights to have damages multiplied or otherwise increased. I acknowledge and agree that the neither the Permitted Parties nor any of their officers, directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on my rights of publicity or privacy, or a claim that I have been defamed or portrayed in a false light). The Permitted Parties assume no responsibility for any damage to my computer system which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

1. GOVERNING LAW. I agree that any and all disputes that I may have with, or claims I may have relating to, arising out of or connected in any way with the Content (or any part thereof) or these Terms shall be governed by the laws of the State of New York applicable to contracts executed and to be performed entirely in the State of New York, without reference to its conflict of laws principles. 

1. INFORMATION FOR CALIFORNIA RESIDENTS Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information: (a) RockysParadise.com is owned and operated by Essential Manufacturing inc, 4204 215^th Place, Bayside, NY 11361. Rocky’s Paradise’s contact phone number is 347-239-1962; (b) to file a complaint regarding Rocky’s Paradise or to receive further information regarding use of RockysParadise.com  , send a letter Essential Manufacturing inc, 4204 215^th Place, Bayside, NY 11361 or Contact Us (include “California Resident Request” in your submission). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 800-952-5210.

1. CHANGES TO TERMS OF USE Rocky’s Paradise reserves the right, at our discretion, to change and/or modify portions of these Terms of Use at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting. Please check these Terms of Use periodically for changes. We will display the effective date of these Terms of Use at the top of this page.

You can review our privacy notice by clicking here.