Terms of Use
WELCOME TO THE OFFICIAL WEBSITE OF ROLLCHIQUE.COM (“Website”), LOCATED IN 1 Chisholm Trail Rd #450 Round Rock, TX 78681 THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF THE WEBSITE. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (“Terms of Use”) BEFORE ACCESSING AND/OR USING THE WEBSITE. FOR ADDITIONAL INFORMATION, PLEASE REVIEW THE PRIVACY POLICY.
TABLE OF CONTENTS:
1.) ACCESS AND USE OF THE WEBSITE
2.) OWNERSHIP
3.) LIMITED LICENSE; RESTRICTIONS
4.) FORUMS AND PUBLIC COMMUNICATION RELATED TO THE WEBSITE
5.) DISCLAIMER
6.) LIMITATIONS OF LIABILITY
7.) INDEMNIFICATION
8.) LINKS FROM THIS WEBSITE
9.) SUBMISSIONS
10.) TICKETS AND CLASSES
11.) TERMINATION
12). DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY MEDIATION
13.) LIMITED TIME TO FILE CLAIMS
14.) GENERAL PROVISIONS
15.) AMENDING THE TERMS AND CONDITIONS OF USE
16.) EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
17.) CONTACT
1.) ACCESS AND USE OF THE WEBSITE: By accessing and using the Website, you signify your agreement to these Terms of Use, as well as Roll Chique’s Privacy Policy and all applicable laws and regulations governing your access and use of the Website. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to these Terms of Use will mean you accept those changes. If you do not agree to these Terms of Use, please do not access and use the Website. In addition, hereby incorporated into the Terms of Use are all special terms, conditions and rules that may be referred to by particular features and services located on the Website that may be applicable to your access and/or use of such features or services. These Terms of Use apply whether you are accessing the Website and/or services through the use of your personal computer, a mobile device or any other technology or software known today or developed in the future.
In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
2.) OWNERSHIP: All of the content of this Website (“Content”), which includes without limitation all graphics, text, images, photographs, illustrations, trademarks and logos and the design, coordination, selection and arrangement thereof, and any images or files incorporated in or generated by the software and data accompanying the software (“Software”), is protected by copyright and/or trademark and/or other proprietary intellectual property rights that are directly or indirectly owned by or licensed to the operator of Roll Chique, LLC (“Roll Chique” ) and/or Roll Chique licensees, tenants, sponsors and advertisers and may not be reproduced without the prior written consent of Roll Chique and the applicable licensee, tenant, sponsor and advertiser.
The designations, and trademarks, including but not limited to names and logos identified with Roll Chique, including without limitation the Roll Chique logo, Roll Chique name, rollchique.com, and variations thereof, may not be reproduced without their prior written consent. Roll Chique and its agents are solely responsible for the Content of the Website. References to “we,” “our,” “us” shall mean Roll Chique, LLC and its affiliated entities.
3.) LIMITED LICENSE; RESTRICTIONS: You are granted a limited license to download the materials contained on this Website to a single personal computer and to print a hard copy of the materials contained on this Website, solely for personal, non-commercial use, provided all copyright, trademark and other proprietary notices are left intact. Systematic retrieval of all or any part of the Content or Content data to create or compile, directly or indirectly, a collection, compilation, database or directory of information is prohibited without the prior written permission of Roll Chique, including without limitation the use of any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website to harvest or collect such information. Roll Chique does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Laws. In all cases, this Website must be acknowledged as the source of the material. Use of the materials contained on this Website on any other Internet site is strictly prohibited.
You may not “frame” the Content of this Website within another website. You may not use any meta tags or any other “hidden text” utilizing any Roll Chique trademarks without the express written consent of Roll Chique.
Nothing contained on the Website or in these Terms of Use should be construed as granting by implication, estoppel or otherwise any license or right to use any Content, including without limitation any logo, trademark, tradename, copyright, or other proprietary right, or any Software, or images of people, places, products, or things displayed or available on the Website, except as may otherwise be specifically permitted by these Terms of Use.
The grant of this limited license is conditional upon your agreement to and compliance with all these Terms of Use. Any other use of any of the materials on this Website, including reproduction (for any purposes other than those noted above), modification, transmission, distribution, or republication, without the prior written permission of Roll Chique, is strictly prohibited. If you download any Software from this Website, the Software is subject to the limited license set out above. Roll Chique and/or its Software suppliers (as the case may be) retain all rights, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
4.) FORUMS AND PUBLIC COMMUNICATION RELATED TO THE WEBSITE; REGISTRATION: “Forum” means a chat area, message board or e-mail function offered as part of this Website. If you participate in any Forum within the Website or furnish any material or information to the Website (“User Content”), you must not and User Content shall not:
a. defame, abuse, harass or threaten others;
b. make any bigoted, hateful or racially offensive statements;
c. advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
d. post or distribute any material that infringes and/or violates any right of a third party or any law;
e. post or distribute any vulgar, obscene, discourteous or indecent language or images;
f. advertise or sell to or solicit others;
g. use the Website or Forum for commercial purposes of any kind;
h. post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus;
i. post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
j. restrict or inhibit any other user from using and enjoying the services or features of the Website;
k. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed by, or transmitted over, the Website;
l. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
m. use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
n. interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
o. gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
p. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or
q. gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
In order to access or use certain Content or services, you may be required to register and provide certain information, with respect to which you agree that: (i) the information you provide will be true, accurate and current; (ii) if at any time such information is not true, accurate or current, your access to or use of the Content or services may be terminated; (iii) you are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username; (iv) you will notify Roll Chique immediately in the event of unauthorized use of your password or account; and (v) Roll Chique shall have no liability for any loss or damage arising from your failure to comply with this provision and any other requirements applicable to any Website registration.
You must be thirteen (13) years of age or older to register for and receive certain membership benefits.
It is Roll Chique policy to respect the privacy of all customers. Roll Chique may use the consumer information we collect in variety of ways, subject to the terms of our Privacy Policy, which is located at http://www.rollchique.com.
Roll Chique reserves the right, but not the obligation, in the exercise of its sole discretion, to remove or edit User Content from the Website at any time and for any reason, including but not limited to User Content that (i) violates any term of these Terms of Use; or (ii) is illegal, offensive or inappropriate. Any violation of these Terms of Use may result in termination of your access to the Website and disclosure of your personal information to the applicable law enforcement authorities, where appropriate.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) Roll Chique a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived. Any such materials submitted will be treated as non-confidential and non-proprietary, and by submitting such materials you acknowledge that any such materials (i) may be used, read or intercepted by others; (ii) create no confidential, fiduciary, contractually implied or other relationship between you and Roll Chique other than pursuant to these Terms of Use; and (iii) are subject to the grant of rights to Roll Chique as described herein.
You acknowledge and agree that your username may be associated with any User Content that you post. You represent and warrant that you own or otherwise control all rights to any User Content you post on the Website. You agree that you will indemnify, defend and hold harmless Roll Chique for all claims resulting from User Content you post.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other User Content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
5.) DISCLAIMER: THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ROLL CHIQUE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, ROLL CHIQUE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE OR ANY SOFTWARE ON THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECOMMUNICATIONS APPARATUS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
While Roll Chique tries to provide accurate information on this Website, Roll Chique explicitly disclaims any responsibility for the accuracy, Content, or availability of information found on sites that link to or from this Website. Roll Chique cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. Roll Chique does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. Roll Chique does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. Roll Chique strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise Roll Chique (at the contact information provided below) if you discover any inaccuracy in the Content.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.
6.) LIMITATIONS OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER ROLL CHIQUE LLC, NOR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES, WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF ROLL CHIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF ROLL CHIQUE LLC OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.
7.) INDEMNIFICATION: You agree to defend, indemnify and hold harmless Roll Chique LLC and each of their respective directors, members, shareholders, partners, employees and respective agents, and contractors from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the Website; any material you post, upload, e-mail or otherwise transmit using the Website; your violation, breach or alleged violation or breach of these Terms of Use.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.
8.) LINKS FROM THIS WEBSITE: This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.
LINKS TO THIS WEBSITE: The following restrictions apply to all links to this Website from any on-line, cable, wireless, or other Internet website, service or browser:
(a) All permitted links to this Website must be to Roll Chique Website home page – https://www.rollchique.com , and no link to the Website may be “framed” if the “frame” contains any advertising or other commercial text or graphics.
(b) Any on-line cable, wireless, or other Internet website, service or browser (other than as described in paragraph (c) below) that promotes any product (e.g., automobile or soft drink), or brand (e.g., Ford or Pepsi), or service (e.g., Yahoo Internet Service), or public or nonprofit institution (e.g., State of Texas or the United Way) may not link to this Website without the prior written permission of Roll Chique, even though the page/area where the link originates does not promote a product, brand, service or institution.
(c) Except as prohibited above, any on-line cable, wireless, or other Internet website, service, or browser (such as fan websites, search engines and directory websites), may link to this Website without the permission of Roll Chique if: (i) it is an on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet web site, service, or browser that does not contain any content or service) that, in the sole opinion of Roll Chique, is distasteful, offensive or may reflect adversely upon the reputation and good will of Roll Chique, Roll Chique or the City of Texas; (ii) the link is a plain text link and does not include any mark or logo directly associated with Roll Chique; and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.
NO ENDORSEMENT: Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by Roll Chique of the Linked Services or the content thereof. The Linked Services are not under the control of Roll Chique and accordingly Roll Chique is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
9.) SUBMISSIONS: ROLL CHIQUE must ask that you not submit to the Website any email, message, information, material or data which contains any creative expressions, ideas, designs, artwork, inventions, know-how, techniques, or suggestions for products, services, plans or programs (collectively, “Unsolicited Submissions”), and ROLL CHIQUE neither assumes any responsibility for reviewing Unsolicited Submissions nor any liability as a result of any similarities between your Unsolicited Submissions and future Roll Chique creative expressions ideas, designs, artwork, inventions, know-how, techniques, products, services, plans or programs. By transmitting Unsolicited Submissions to the Website and/or transmitting any email, message, or information, material and data responsive to a feature on the Website (collectively, “Submissions”), you are automatically granting Roll Chique and its affiliates and other related entities a perpetual, royalty-free, nonexclusive, unrestricted, worldwide and irrevocable right and license, but not any obligation, to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Roll Chique and its other related entities also have the right, but not the obligation, to use your name in connection with the broadcast, online display, print, or other use or publication of your Submission. If Roll Chique or one of its related entities or other affiliates solicits your Submission in connection with a Website feature, the terms governing the feature shall apply to your Submission as well as these Terms of Use and the Privacy Policy.
10.) TICKETS AND CLASSES: Aside from regular registrations for scheduled classes, from time to time, tickets for Roll Chique events may be offered for sale at the Website. Such ticket offerings may be changed or withdrawn at any time without prior notice, and Roll Chique reserves the right to limit ticket order quantities or refuse to fulfill any order. In the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed online can be intercepted by others and used unlawfully. Accordingly, Roll Chique cannot warrant the security of your personal information.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
11.) TERMINATION: These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. Your access to the Website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Website and destroy all materials obtained from the Website and all copies thereof, whether made under these Terms of Use or otherwise.
12). DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY MEDIATION
In order to expedite and control the cost of disputes, you and Roll Chique agree that any legal or equitable claim relating to use of Roll Chique Websites or applications (referred to as a “Claim”) will be resolved as follows:
INFORMAL RESOLUTION: You and Roll Chique will first attempt to resolve any Claim informally. In the event that any dispute between Roll Chique and you arises out of or relates to these Terms of Use, the applicability of these Terms of Use to the use of any Roll Chique Website or applications, or to breach or enforcement, interpretation or validity of these Terms of Use, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to: Roll Chique LLC, 1 Chisholm Trail Rd #450, Round Rock, TX 78681 Attn: Ashantee McGhee.
FORMAL RESOLUTION BY MEDIATION: You and Roll Chique agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably as described above. You and Roll Chique shall share in the costs of mediation. You and Roll Chique further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
13.) LIMITED TIME TO FILE CLAIMS: You and Roll Chique agree that any Claim arising out of your use of any Roll Chique Website or application will be asserted within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
14.) GENERAL PROVISIONS: Those who choose to access this Website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. Roll Chique does not represent that the Website and the services and Content provided therein are appropriate or available for access and use in countries outside the United States. If you choose to access and use the Website from outside the United States, you are solely responsible for compliance with any applicable foreign laws. These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Subject to the Dispute Resolution provision set forth in Section 12, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in Williamson County, Texas. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of Roll Chique to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted below.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.
15.) AMENDING THE TERMS AND CONDITIONS OF USE: These Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and Roll Chique. We may add to, change or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms shown on this Website apply as soon as they are shown and shall only apply prospectively. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms of Use each time you use this Website, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on this Website, including features and specifications of products and services described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability. Any amendment applies only from the date on which it is added to these Terms of Use.
16.) EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE: If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.
In any event, Roll Chique reserves all rights, defenses and permissible limitations under the laws of your State of residence.
Notwithstanding the foregoing, nothing in this Section shall modify Subsection 12 (“Formal Resolution by Mediation”).
17.) CONTACT: If you have any comments or questions about the above Terms of Use, please contact:
Roll Chique LLC
1 Chisholm Trail Rd #450 Round Rock Tx, 78681
Effective Date: October 13, 2022