TERMS OF SERVICE
Welcome to www.rockymountainoils.com . Rocky Mountain Oils, LLC ("RMO") provides website features and other products and services to you when you visit or shop at www.rockymountainoils.com ("Site") or use RMO products or services (collectively, "RMO Services"). RMO provides the RMO Services subject to the following conditions ("Terms of Service").
These Terms of Service are a binding agreement between you and RMO and will govern your use of RMO Services. RMO reserves the right to modify these Terms of Service at any time, without notice. Your participation in and continued use of RMO Services constitutes your acceptance of these Terms of Service and any modifications thereof.
INTELLECTUAL PROPERTY
COPYRIGHTAll content included in or made available through any RMO Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and related content is the property of RMO or its suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any RMO Service is the exclusive property of RMO and protected by U.S. and international copyright laws.
TRADEMARKIn addition, company and product names, graphics, logos, page headers, button icons, scripts, Site design, service names, and related content included in or made available through any RMO Service are trademarks or trade dress of RMO in the U.S. and other countries. RMO's trademarks and trade dress may not be used in connection with any product or service that is not RMO's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RMO. All other trademarks not owned by RMO that appear in any RMO Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RMO. Title, ownership rights, and intellectual property rights in RMO's copyrights, trademarks, trade dress and other proprietary and intellectual property rights, as set forth above, including any upgrades, modifications or derivative works thereof shall remain in RMO. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the RMO Services, or any modification thereof, or assist any third party to do the same. Nothing in these Terms of Service shall be construed to grant to you any ownership, license or other interest in the intellectual property of RMO. RMO does not convey any intellectual property rights to you. Any unauthorized use of RMO's intellectual property rights shall result in automatic termination of your use of RMO Services.
LICENSE AND ACCESSSubject to your compliance with these Terms of Use and your payment of any applicable fees, RMO grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the RMO Services. This license does not include any resale or commercial use of any RMO Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any RMO Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by RMO or its licensors, suppliers, publishers, rightsholders, or other content providers. No RMO Service, nor any part of any RMO Service, may be reproduced, reverse engineered, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RMO. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RMO without express written consent. You may not use any meta tags or any other "hidden text" utilizing RMO's name or trademarks without the express written consent of RMO. You may not misuse the RMO Services. You may use the RMO Services only as permitted by law. The licenses granted by RMO terminate if you do not comply with these Terms of Use.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENTVisitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RMO reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant RMO a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RMO and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RMO for all claims resulting from content you supply. RMO has the right but not the obligation to monitor and edit or remove any activity or content. RMO takes no responsibility and assumes no liability for any content posted by you or any third party.
TEXT MARKETING & NOTIFICATIONS
By consenting to Rocky Mountain Oils’ SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at support@rockymountainoils.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://www.rockymountainoils.com/pages/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing Rocky Mountain Oils products or services, you agree that any controversy, claim, action, or dispute between you and Rocky Mountain Oils arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Rocky Mountain Oils’ website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Orem, Utah, United States but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of Utah, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Rocky Mountain Oils’ products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to Rocky Mountain Oils LLC, 15 E 400 S, Orem, UT 84058. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Rocky Mountain Oil. You are responsible for ensuring Rocky Mountain Oils’ receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and Rocky Mountain Oils agree that you may bring or participate in Claims against Rocky Mountain Oils only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Rocky Mountain Oils agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
RETURNSRocky Mountain Oils offers a full refund on any products that are returned within 90 days of receiving the said product(s). Any attempts to dilute or refill bottles in any away voids this offer of a refund. All products covered by this return policy may only be returned for: a refund to the original form of payment, in-store credit or a replacement of the same or equivalent item.
You must notify Rocky Mountain Oils before returning any product within 90 days of purchase. All product returns require an (RMA) number or a pre-paid return label which must be included on or in the package. You may obtain this information by contacting Rocky Mountain Oils, by email or telephone. Rocky Mountain Oils reserves the right to refuse any return.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYTHE RMO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RMO SERVICES ARE PROVIDED BY RMO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RMO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RMO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RMO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RMO SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RMO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RMO DOES NOT WARRANT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RMO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RMO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GENERALYou are responsible for your use of RMO Services and products purchased through the Site. You recognize that content and information provided through the RMO Services is solely for educational purposes and is not meant for treatment, diagnosis, or prescription purposes. All natural supplements should be used under supervised care of a licensed physician.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the RMO Services only with involvement of a parent or guardian. RMO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
When you purchase products or services from RMO, payment by credit card or debit card is due at the time of purchase. RMO accepts the following cards: Visa, MasterCard, American Express or Discover. RMO does not guaranty that any product or quantity of product will be in stock or otherwise available. All items purchased from RMO are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you have concerns relative to the shipment contract, you must contact RMO to make your order. RMO will make any reasonable arrangements, including requiring delivery confirmation and/or insurance. You are responsible for any extra taxes or duty fees for packages shipped outside the United States.
If legal action is necessary to enforce these Terms of Service a reasonable attorney's fee, expenses and costs shall be awarded to the prevailing party.Any dispute relating to these Terms of Service shall be governed by, construed, and interpreted in accordance with the laws of the State of Utah. You and RMO agree that the Courts of Utah shall be the venue for any dispute arising or related to these Terms of Service.