Terms of Service
ROLLING ACORN CANYON TERMS OF SERVICE
GENERAL INFORMATION AND BINDING AGREEMENT
Rolling Acorn Canyon, Inc., owns, operates and/or provides the online store located at the
acorncanyon.com URL (the “Online Store”) and any websites, apps or social media pages
operated by Rolling Acorn Canyon, Inc., to which the Online Store is linked or on which this
Terms of Service appears or is linked to (all collectively, the “Site”). Throughout the Site, the
terms “we”, “us” and “our” refer to Rolling Acorn Canyon, Inc., (“RAC”). RAC offers the Site,
including all information, tools and services available from the Site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Services” and
agree to be bound by this terms of service agreement (“Terms of Service” or “Terms”),
including those additional terms and conditions and policies referenced herein and/or available
by hyperlink within this Terms of Service or on the Site, including but not limited to, our Privacy
Policy and our Orders,
Shipping and Return Policy . These Terms of Service apply to all users
of the Site, including without limitation users who are browsers, vendors, customers,
merchants, and/or other users or visitors of the Site.
Please read these Terms of Service carefully before accessing or using our Site. You agree that
by accessing or using the Site or any part thereof, you are entering into a legally binding
agreement with RAC and you agree to abide by these Terms of Service contained in this Terms
of Service agreement. If you do not wish to be bound by such terms, do not access or otherwise
use any of the Site, as doing so will result in your acceptance of these Terms of Service. The Site
is provided for you to learn about RAC, RAC’s products and the Site. If these Terms of Service
are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, services or tools which are added to the Online Store or Site by us shall also
be subject to these Terms of Service or the then current version of these Terms of Service, as
applicable. You can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the Site following the posting of any
changes constitutes acceptance of those changes.
Our Online Store is hosted on Shopify Inc, (“Shopify”). Shopify provides us with the online e-
commerce platform that allows us to sell our products and services to you. Your use of the
Online Store may subject you to Shopify’s Terms of Use/Service, Privacy Policy and/or other
rules or regulations. Please review Shopify’s Terms of Use/Service , Privacy Policy and/or other rules or regulations prior to
using our Site or shopping in our Online Store.
SECTION 1 – SITE AND ONLINE STORE USE
By agreeing to these Terms of Service or using the Site, you represent that you are at least
eighteen (18) years of age or the age of legal majority in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use
of the Online Store, Site or Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature through the
Site.
A breach or violation of any of the Terms of Service may result in an immediate termination of
the Services or access to the Site.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand
that your information (not including credit card information), may be transferred unencrypted
during (a) transmissions over various networks; and (b) may be changed to conform and adapt
to technical requirements of connecting networks or devices. Credit card information is always
encrypted during transfer over networks.
The headings used in this Terms of Service agreement are included for convenience only and
will not limit or otherwise affect these Terms.
SECTION 3 – OWNERSHIP AND LICENSES
You acknowledge that the Site is protected by and/or embody copyrights, trademarks, patents,
trade secrets and/or other proprietary rights (“Intellectual Property”) owned by RAC, and/or its
licensors, including without limitation the selection, coordination, arrangement, compilation,
assembly and any enhancements thereto, and that these rights are valid and protected in all
media existing now or later developed and under United States and foreign laws. The Site (and
any Intellectual Property and other rights relating thereto) are and will remain the property of
RAC. Nothing contained on or in the Site should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any of the RAC marks, or Intellectual Property
without the express written permission of RAC or the third party owner of any such Intellectual
Property. Misuse of any Intellectual Property is prohibited. You acknowledge that you do not
acquire any ownership rights in or to any of RAC’s or its licensor’s Intellectual Property by virtue
of your access or use of the Site. RAC’s Intellectually Property may not be used by you for any
purpose without RAC’s prior express written permission, unless permissible by law.
The Site is provided for educational and entertainment purposes, and unless otherwise
specified on or in the Site, is solely for your own personal use. RAC hereby grants you a
personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use
the Site for your own non-commercial educational purposes, subject to your complete
compliance with these Terms of Service, our Privacy Policy and any and all other terms and
policies set forth on or in the Site. RAC reserves the right to revoke your right to use any or all
of the Site at any time.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or
current. The material on the Site is provided for general information only and should not be
relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the material
on the Site is at your own risk. This Site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of the Site at any time, but we have no obligation to update any
information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products or shipping rates are subject to change without notice. We reserve
the right at any time to modify or discontinue the Service (or any part or content thereof) or
modify or discontinue any of our products without notice at any time. We shall not be liable to
you or to any third-party for any modification, price change, suspension or discontinuance of
the Service or to any of our products.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These
products or services may have limited quantities and are subject to return or exchange only
according to our Orders, Shipping and Return Policy .
We have made every effort to display as accurately as possible the colors and images of our
products that appear on the Online Store. We cannot guarantee that your computer monitor's
display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or use of the
Service to any person, geographic region or jurisdiction. We may exercise this right on a case-
by-case basis. We reserve the right to limit the quantities of any products or services that we
offer. All descriptions of products or product pricing are subject to change at any time without
notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on the Site is void where prohibited by law. We do not
warrant that the quality of any products, services, information, or other material purchased or
obtained by you through the Site will meet your expectations, or that any errors on the Site or
in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We 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 will attempt to notify you by contacting the email and/or billing
address/phone number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account information for all
purchases made through the Site. You agree to promptly update your account and other
information, including your email address and credit card numbers and expiration dates, so that
we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have
any control nor input. You acknowledge and agree that we provide access to such tools “as is”
and “as available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or relating to your
use of optional third-party tools. Any use by you of optional tools offered through the Site is
entirely at your own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party provider(s) and
the privacy policies of any such third-party providers.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Site or linked to our Site may include
materials from third-parties. Third-party links on the Site may direct you to third-party
materials, social media pages, applications or websites that are not affiliated with us. We are
not responsible for examining or evaluating the content on or accuracy of any such third-party
materials, social media pages, applications or websites or content thereon. And we do not
warrant and will not have any liability or responsibility for any third-party materials, social
media pages, applications or websites, or for any other materials, products, or services of third-
parties. We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any third-party
materials, social media pages, applications or websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage in any use of or
transactions through any third-party materials, social media pages, applications or websites.
Complaints, claims, concerns, or questions regarding third-party products should be directed to
the applicable third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without
a request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree
that we may, at any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any Comments that you forward to us. We are and shall be under
no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any
Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor,
edit or remove any content or Comments on the Site that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or which violates any party’s intellectual property rights or these Terms of
Service.
You agree that your Comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary rights. You further agree that
your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the
Service, the Site or any related website. You may not use a false email address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the origin of any
Comments. You are solely responsible for any Comments you make and their accuracy. We take
no responsibility and assume no liability for any Comments sent to us or posted by you or any
third-party on the Site.
SECTION 11 - PERSONAL INFORMATION
Your privacy and the handling of personal information you provide to us is very important to us.
Your submission of personal information through the Site is governed by our Privacy Policy. Please make sure you
familiarize yourself with our Privacy Policy and all of the provisions therein prior to your use of
the Site, your making of any purchases through the Site or your provision or submission of any
personal information to us via any means or methods.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. 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 Site or on any related website or application is inaccurate at any time
without prior notice (including after you have submitted an order). We undertake no obligation
to update, amend or clarify information on the Site or on any related website or application,
including without limitation, pricing information, except as required by law. No specified
update or refresh date applied on the Site or on any related website or application, should be
taken to indicate that all information then on the Site or on any related website or application
has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from
using the Site 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 Site or of any
related website or application, 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 Site or any related website or application, other websites, or the Internet. We reserve
the right to terminate your use of the Site or any related website or application for violating any
of the prohibited uses or these Terms of Service.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimers of Warranties
THE SITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES
OBTAINED ON OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE,”
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, RAC AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE. RAC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE
SITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE
ON OR THROUGH THE SITE, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE (OR ANY PART THEREOF), THE SERVER(S) ON WHICH
THE SITE OR ANY PORTION THEREOF ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR
SERVICES AVAILABLE ON THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO OPINION, ADVICE OR STATEMENT OF RAC OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON
THE SITE, IN THE MATERIALS THEREON OR LINKED THERETO, OR OTHERWISE, SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOUR USE OF THE SITE,
INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON
OR THROUGH THE SITE, IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER RAC NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS
OR SPONSORS, NOR RAC’S OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS
OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST REVENUES OR LOST
PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY PORTION THEREOF, OR ANY CODE,
MATERIALS, PRODUCT OR SERVICE LICENSED, ACCESSIBLE OR USABLE THROUGH THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INCLUDING ANY MATERIALS,
PRODUCTS OR SERVICES AVAILABLE ON THE SITE IS TO STOP USING THE SITE, MATERIALS,
PRODUCTS, OR SERVICES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO
RAC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT,
INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE, SHALL BE THE TOTAL
AMOUNT PAID BY YOU TO RAC IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO EITHER
(1) ACCESS OR USE THE SITE OR (2) TO PURCHASE ANY PRODUCTS THROUGH THE SITE.
YOU AGREE THAT THE DAMAGE EXCLUSION IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND RAC OR A REPRESENTATIVE OF RAC
CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER.
MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless RAC and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of
Service or the documents or policies they incorporate by reference, or your violation of any law
or the rights of any third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed from these
Terms of Service and any such determination shall not affect the validity and enforceability of
any other remaining provisions hereof.
SECTION 17 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our Site. If, in our sole judgment, you fail or we suspect that
you have failed, to comply with any term or provision of these Terms of Service or the
provisions of any other documents or policies incorporated herein by reference, we also may
terminate this Terms of Service agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination; and/or accordingly we
may deny you access to our Services and/or the Site or any part thereof.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision. These Terms of Service and any policies or
operating rules posted by us on the Site or in respect to the Service constitutes the entire
agreement and understanding between you and us and govern your use of the Site and the
Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service or any of our other rules or policies referred to herein). Any
ambiguities in the interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 19 - GOVERNING LAW AND JURISDICTION
The Site and this Terms of Service are governed by and construed in accordance with the laws
of the State of California, without regards to its principles of conflicts of law that would require
the application of the laws of another jurisdiction. You agree to the exclusive jurisdiction of the
Federal and State courts located in Los Angeles County, California, and you agree to submit to
the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable
claim or action.
By accessing or using the Site, you explicitly agree that any claims or actions that you may
otherwise have against us under the laws of any jurisdiction other than in the United States are
hereby waived, including without limitation, any claims or actions under the laws of your own
country, and that your sole location and applicable law for any disputes is in the United States
according to the terms of this Section.
If you are accessing the Sites from any location with regulations or laws governing personal
data collection, use or disclosure that differ from United States laws or regulations, please note
that through your continued use of the Sites, which is governed by the laws of the State of
California and the United States of America and this Privacy Policy, you are transferring
Personal Information to the United States of America and you consent to that collection,
transfer to and any associated processing, usage and storing in the United States of America.
SECTION 20 - CHANGES TO THESE TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time at this page.
RAC reserves the right to make changes to any terms of these Terms of Service at any time.,
however, RAC shall provide notification to you in advance of any changes becoming effective,
such as by posting a notification on the Site or via email if you have provided RAC with your
email address. If you continue to access and/or use the Site after the effective date of any such
changes, then such access and/or use by you will be deemed an acceptance of and an
agreement to follow and be bound by the Terms of Services as changed or updated. Any revised
or updated Terms of Service supersedes all previous Terms of Service, notices or statements
regarding the Site. For this reason, RAC encourages you to review these Terms of Service any
time you access or use the Site.
SECTION 21 – STATUTE OF LIMITATIONS
Any claim or cause of action arising out of or related to these Terms of Service and/or your use
of the Site (collectively, “Disputes”) must be filed within one year after such Dispute arose
regardless of any statutes or law to the contrary. In the event any Dispute is not filed within
such one-year period, such Dispute is forever barred.
SECTION 22 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at
rolling.acorn.canyon@gmail.com .
Last Updated: February 8, 2024
© 2024 Rolling Acorn Canyon, Inc. -- All Rights Reserved.