Effective Date: 6/1/2023

Welcome to Rock 'N Rose Boutique, LLC (DBA Rock ‘N Rose), a subsidiary of As If We Are There, LLC (collectively, “we, “us”, “our”). This Terms & Conditions Policy (“Terms”, “Services”, “Conditions”) governs your use of our website www.rocknroseboutique.com and services. By accessing or using our website, you agree to the terms and conditions outlined below.

1. Acceptance of Terms

1.1 Agreement to Terms: By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, as well as any additional terms and conditions that may apply to specific sections of our website or services.

1.2 Amendments: We reserve the right to modify, update, or replace these Terms & Conditions at any time without prior notice. It is your responsibility to review the terms periodically. Continued use of our website after any changes constitutes your acceptance of the modified terms.

2. Use of Our Services

2.1 Eligibility: You must be at least 18 years old to use our website and services. By accessing or using our website, you represent and warrant that you are of legal age and have the capacity to enter into a binding agreement.

2.2 Account Registration: In order to access certain features or make purchases on our website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

2.3 Prohibited Actions: You agree to use our website and services in compliance with all applicable laws and regulations. You must not engage in any unlawful, abusive, or fraudulent activities. Prohibited actions include, but are not limited to, the following:

• Impersonating any person or entity.
• Uploading or transmitting any harmful or malicious content, including viruses or malware.
• Attempting to gain unauthorized access to our website, user accounts, or any other systems or networks.
• Using our website for any unauthorized or unlawful purposes.
• Collecting or storing personal information of other users without their consent.

3. Product Information and Pricing

3.1 Product Descriptions: We make every effort to provide accurate product descriptions and images on our website. However, we do not warrant that the product descriptions or other content on our website are accurate, complete, reliable, current, or error-free. If you receive a product that does not match the description, please refer to our Returns and Exchanges policy.

3.2 Pricing: We strive to ensure that the prices displayed on our website are accurate and up to date. However, in the event of an error in pricing, we reserve the right to cancel or refuse any orders placed for the incorrectly priced product. We will notify you of any such cancellation or refusal and provide a refund if applicable.

4. Orders and Payment

4.1 Order Acceptance: Placing an order on our website constitutes an offer to purchase the products. We reserve the right to accept or reject any order for any reason, including but not limited to product availability, errors in product information, or suspicion of fraudulent activity. We will notify you if your order is accepted or rejected.

4.2 Payment: We accept various payment methods as indicated on our website. By providing your payment information, you authorize us to charge the specified amount for your order. All payments are subject to verification and authorization. We reserve the right to cancel or refuse any orders if payment authorization is not obtained.

5. Shipping and Returns

5.1 Shipping: We offer shipping options as described on our website. Shipping times may vary depending on your location and the shipping method selected. Please refer to our Shipping Policy for more information.

5.2 Returns and Exchanges: We want you to be completely satisfied with your purchase. If you are not satisfied, you may be eligible for a return or exchange as outlined in our Returns and Exchanges policy. Please review the policy for detailed instructions on how to initiate a return or exchange.

6. Intellectual Property

6.1 Ownership: All content and materials available on our website, including text, graphics, images, logos, designs, and software, are the property of Rock 'N Rose Boutique, LLC or its licensors and are protected by intellectual property laws. You may not use, reproduce, distribute, or modify any content without our prior written consent.

6.2 Trademarks: Rock 'N Rose Boutique, LLC and our logo are trademarks owned by Rock 'N Rose Boutique, LLC. Any unauthorized use of our trademarks is strictly prohibited.

7. Indemnity

You agree to indemnify and hold harmless Rock 'N Rose Boutique, LLC and its affiliates, directors, employees, or agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of our website or services.
• Your violation of these Terms & Conditions or any applicable laws or regulations.
• Your violation of any rights of a third party.

8. Digital Millennium Copyright Act (DMCA)

8.1 Copyright Infringement: We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please contact us with the following information:

• A description of the copyrighted work that you claim has been infringed.
• The location on our website where the infringing material is located.
• Your contact information, including your name, address, telephone number, and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

8.2 Counter-Notice: If you believe that your material has been removed or disabled by mistake or misidentification, you may file a counter-notice with us. The counter-notice must contain the following information:

• Identification of the material that has been removed or disabled and its location on our website.
• Your contact information, including your name, address, telephone number, and email address.
• A statement by you, made under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
• A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located or, if your address is outside the United States, the jurisdiction of the courts of the jurisdiction in which our website is located.
• A statement that you will accept service of process from the person who provided the original notification of the alleged infringement.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Rock 'N Rose Boutique, LLC and its affiliates, directors, employees, or agents shall not be liable for any indirect, consequential, incidental, or punitive damages arising out of or in connection with your use of our website or services.

10. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut. Any legal action or proceeding arising out of or relating to these terms shall be brought exclusively in the courts of the State of Connecticut.

11. Contact Us

If you have any questions or concerns about these Terms & Conditions, please contact us at customercare@rocknroseboutique.com. By using our website, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them.