Terms & Conditions

Effective Date: November 1, 2021

Introduction

Welcome to RocketCart, Inc. ("RocketCart"). We operate a network of websites and a mobile application serving multiple cities and counties in the United States. By visiting our website, using our mobile app, and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to these Terms of Service (hereafter referred to as the "Terms"), along with the terms and conditions as stated in our Privacy Policy which is incorporated herein as reference.

Modification

We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms.

Acceptable Use

By visiting our websites and mobile application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter, referred to as "Services"), you agree to use these Services only for the purposes intended as permitted by (a) the Terms, and (b) all applicable laws, regulations, and generally accepted online practices or guidelines. In addition:

1. You Provide Information To Us. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
   
   
2. Your Account Login and Control. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account(s).
   
   
3. Accessing Our Services. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
   
   
4. Do Not Interfere With or Disrupt Our Services. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
   
   
5. Additional Prohibitions. Attempting to or engaging in an act to copy, duplicate, reproduce, sell, trade, scrape, reverse engineer, or resell our Services is strictly prohibited.
   
   
6. Your Unauthorized Activities Have Consequences. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
   
   
7. User-Generated Content. We may provide various open communication tools on our websites and mobile application, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our websites and mobile application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
3. contains any type of unauthorized or unsolicited advertising;
4. impersonates any person or entity, including any RocketCart Inc. employees or representatives.

Customer Experience & Restrictions

1. Placing an Order. Orders must be confirmed before the cutoff time. Available delivery dates and delivery fees will be shown during the ordering process. You may be permitted to modify or cancel orders by contacting our support via email (support@rocketcart.com), phone, chat, or other methods before the order cutoff time for delivery.
   
   
2. Price. The prices displayed through our website may differ from the prices offered by other sellers for the same products, and may not be the lowest prices available. RocketCart reserves the right to change prices at any time, and to limit your order or the quantity of a product you may order. If certain products are not priced correctly, RocketCart may cancel orders for the products. We will contact you immediately and will issue you a refund for the products.
   
   
3. Availability. To provide you the freshest products, we receive goods every day, and products are prepared and packed close to delivery time. On occasion, we may experience disruptions in our supply chain including shortages and quality control concerns. As a result, certain products may become unavailable immediately before the scheduled delivery date. In the event of any supply chain disruption that affects your order, we will deliver the rest of your order and issue you a refund for the unavailable items. In such circumstances, we will contact you either electronically or via phone, email, or other relevant method, usually in advance. If you ever come across a situation where an item you ordered is not delivered to you (this should happen only rarely, if at all), please contact our Customer Support department at support@rocketcart.com, and we will resolve it as soon as possible.
   
   
4. Cancellations. Before the cutoff time (4PM PST on the day before the delivery date), you may cancel orders by contacting us via email (support@rocketcart.com), phone, or chat as indicated on our website. We will charge a fee for cancellations made after the cutoff time.
   
   
5. RocketCart Points. RocketCart Points (e.g. Awarded for account sign ups, friend referrals, product sharing, review writing, product photo posting, etc.) are issued by RocketCart as credits that may be used to purchase eligible goods and services on RocketCart. To view your RocketCart Points balance or check your account history, visit your Account.
   
   
• Limitations. Your RocketCart Points may only be used on eligible goods and services provided by RocketCart and cannot be used on other websites, to purchase additional RocketCart Points, cannot be sold to other users or transferred to other accounts RocketCart, and are not redeemable for cash. Points awarded as a bonus, rebate, or incentive  are not redeemable for cash.
  
  
• Risk of Loss. RocketCart is not responsible if any RocketCart Points are lost, stolen, destroyed, or used without your permission. You are responsible for protecting your RocketCart Points from unauthorized use. RocketCart bears no liability for any unlawful conduct or fraud using RocketCart Points.
  
  
6. Payments. Payments for products or services on RocketCart may be made through RocketCart Points or an authorized and unexpired payment card. RocketCart reserves the right to cancel or amend any order, and close or suspend any account in the event an expired, fraudulent, or otherwise suspicious payment method is associated with the account.
   
   
7. Delivery of Non-Alcoholic Products. We do not require your presence for delivery of non-alcoholic products. We will deliver to the address you designate and will leave the package at your door, yard, locker, mailroom, or leasing office. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you. In the event you input the wrong address and we successfully deliver to that address, you are responsible for that delivery, which is not eligible for a refund. Please be careful and input the correct address into each order.
   
   
• Delivery Date and Time. We make every effort to deliver on the day you select. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery. We do our very best to complete each delivery in the morning on the designated day, but this is not guaranteed in every case. If we change your delivery date, you may choose to cancel the purchase with no cancellation fee.
  
  
• Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.
  
  
• Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
  
  
• Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable RocketCart Points or Store Credit for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. RocketCart will not offer refunds for any subsequent theft claims.
  
  
• Delivery Temperature Controls. We do our best to keep all of our products at or beyond the minimum recommended or required temperature thresholds. Upon receipt, we recommend you refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address, as well as the time it takes you to get your delivery.
  
  
8. Your Orders. You will receive a text message and/or email with a link to your invoice when your order is delivered. You may access your orders through the “Orders” tab under the "My Account" section.
   
   
9. Returns & Refunds. RocketCart is committed to your satisfaction. In some cases, you may receive a product that fails to meet our standards for quality. If this occurs, please reach out to us at support@rocketcart.com.
   
   In general, we provide returns & refunds within the allowed period, only for products that are defective, damaged, expired, have obvious quality issues, or in cases where we sent you the wrong item(s). However, we reserve the right to charge you a delivery pickup fee for returns due to personal reasons including the following: (1) you purchased the wrong item/size/color, etc; (2) you purchased too many or you no longer need the item(s); (3) you are unable to use the product due to an allergic reaction (for eligible products only); (4) you don’t like the product, have buyer’s remorse, etc. Moreover, the following items are not eligible for return:

• Consumable products such as food, snacks, dry goods, health supplements, fresh produce, and prepared goods are not eligible for return, unless the product is defective or have obvious quality issues (this is for the safety of our customers).
  
  
• Products that are misused, damaged, modified, or are in unsellable condition due to customer tampering.
  
  
• Products that are missing parts, missing or altered labels, missing or altered serial number, etc.
  
  
• Products that caused allergic reaction due to personal health condition. If you are not familiar with the product, we recommend checking the ingredients of the product or consult with certified medical physicians prior to consuming or using the product.
  
  
• Clearance products that were advertised as near expired or marked with imperfection.
  
  
• Products that could cause personal hygiene concerns such as undergarments and adult products are not eligible for return, unless the product is defective or have obvious quality issues.
  
  Our products are subject to different return policies based on product type:

• Temperature-Controlled Products (i.e., frozen foods, refrigerated foods, fruits & vegetables). These products are not eligible for return but they may be eligible for refund by making a request within 3 days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at support@RocketCart.com.
  
  
• Shelf Stable Food Products (i.e., products that can be safely stored at room temperature for at least 30 days from the date of delivery). These products are not eligible for return but they may be eligible for refund by making a request within 7 days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at support@RocketCart.com.
  
  
• Medicine + Herbal Treatments. These products are not eligible for return but they may be eligible for refund by making a request within 30 days of delivery.
    
• Electronics, Cooking Utensils, Other Non-Food Products. These products are eligible for return within 30 days of delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at support@RocketCart.com.  

• Items purchased using a Coupon. We do not refund or provide cash value back for coupons. As such, full or partial refunds on orders that include coupons may not be fully refunded, and you may see a weighted average refund price applied. For example, If you use a $20 coupon on a $100 purchase (so the total paid after the coupon is used is $80), then if you try to get a refund on a $10 item you purchased, the refund amount may be a lower amount (e.g. $8) because part of the total purchase amount includes a free coupon, for which you cannot receive cash value back. Contact us at support@RocketCart.com if you need more information on this.

To request a refund, contact our Customer Support department via support@RocketCart.com. Unless otherwise noted above, all refund requests must be submitted within 72 hours from the time of delivery. Once we’ve received your returns (on return-eligible items), it may take up to 3-5 business days for us to inspect and process your refund request. Your refund will be issued upon completion of inspection of your return (if eligible), and the fund will be issue back to the original form of payment on which the order was placed. If you used RocketCart gift cards, redeemed RocketCart Points, or used RocketCart store credit, those balances will be refunded first, then the original payment method.  Please note that it may take your bank up to 3-5 additional business days to process your refund from the date that it was issued by RocketCart.

Promotions & Discounts

RocketCart, at its sole discretion, reserves the right to offer promotions and discounts with different features and different rates to our users, and may modify, suspend, terminate, or cancel any promotions or discounts at any time without notice and for any or no reason. A promotion or discount cannot be transferred or resold, cannot be used for non-qualifying or past orders, may be limited to specific products, may be subject to additional terms and conditions, and may be limited or rescinded. Only 1 coupon can be used per order.

Abuse of any promotion or discount, including the use of multiple accounts associated with the same customer or group of customers, is a violation of our policy, and will result in order cancellation in addition to suspension or termination of the account. For example, if RocketCart finds that users are creating duplicate accounts to use limited promotions or coupons multiple times, RocketCart reserves the right to cancel or void the order, and/or close the customer account.

Third-Parties

RocketCart may allow you to purchase, receive, or use products, content, information, offers, and services from certain third-parties. When RocketCart makes these third-party services or products available or partners with them on advertising campaigns, RocketCart acts only as the link between you and such third-parties, and should not be interpreted as an endorsement. You agree that RocketCart does not assume responsibility and will have no liability for the purchase, payment, warranty, delivery, or maintenance, of any of these third-party products or services.

Push Notifications, Telephone Calls, and Text Messages

You agree that RocketCart may send you sales and marketing communications, such as by email, app-based push notification through the RocketCart app, or text messages. You can opt out of receiving RocketCart sales and marketing communications at any time by following the unsubscribe instructions in those messages. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. Similarly, you can limit your receipt of push notifications by adjusting the settings of your mobile device. You may be given the opportunity to opt in to RocketCart message programs which provide updates regarding product and service information/availability, marketing messages, and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. You may opt out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.

Copyrights, Trademarks, Licenses, & Content

1. Copyrights & Trademarks. All content included in or made available through any RocketCart Service, such as text, graphics, logos, button icons, images, video clips, digital downloads, data compilations, and software is the property of RocketCart or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any RocketCart Service is the exclusive property of RocketCart and protected by U.S. and international copyright laws.
   
   Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with RocketCart or purchasing RocketCart products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with RocketCart or to purchase RocketCart products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by RocketCart. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
   
   RocketCart’s graphics, logos, page headers, button icons, scripts, and service names included in or made available through any RocketCart Service are trademarks of RocketCart in the U.S. and other countries. RocketCart's trademarks may not be used in connection with any product or service that is not RocketCart's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RocketCart. All other trademarks not owned by RocketCart that appear in any RocketCart Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RocketCart.

2. RocketCart Content & Partner Content. Subject to your compliance with these Terms and your payment of any applicable fees, RocketCart or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the RocketCart Services. This license does not include any resale or commercial use of any RocketCart Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any RocketCart Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by RocketCart or its licensors, suppliers, publishers, rightsholders, or other content providers. No RocketCart Service, nor any part of any RocketCart Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RocketCart. 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 RocketCart without express written consent. You may not use any meta tags or any other "hidden text" utilizing RocketCart's name or trademarks without the express written consent of RocketCart. You may not misuse the RocketCart Services. You may use the RocketCart Services only as permitted by law. The licenses granted by RocketCart terminate if you do not comply with these Terms or any Service Terms.
   
   
3. Communications, Comment, Review, & All Other Content. Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate RocketCart’s communications policy. RocketCart does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, RocketCart is merely acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, RocketCart reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, offensive, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) illegal, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited messages, (e) or otherwise unacceptable to RocketCart in its sole discretion.
   
   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. RocketCart reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
   
   If you do post content or submit material, and unless we indicate otherwise, you grant RocketCart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RocketCart 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 RocketCart for all claims resulting from content you supply. RocketCart has the right but not the obligation to monitor and edit or remove any activity or content. RocketCart takes no responsibility and assumes no liability for any content posted by you or any third party.
   
   Harassment in any manner or form on the site, by use of obscene or abusive language, via e-mail, chat, phone, product reviews, or comments is strictly forbidden. Impersonation of others, including a RocketCart.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
   
   Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Generated Content" or “UGC”). Except for the license you grant below, as between you and RocketCart, you retain all rights in and to your UGC. You grant RocketCart a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your UGC, including any name, username or likeness provided in connection with your UGC, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor UGC, we may delete or remove UGC at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.

4. Feedback. RocketCart is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Services, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. 

Disclaimers

The Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, RocketCart disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). RocketCart does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. RocketCart does not make any representations or warranties regarding the access or use of, or the results of the use of, the content on the Services (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Services or services offered through the Services) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you. 

Limitation of Liability

To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall RocketCart be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Services; (ii) any transaction conducted through or facilitated by the Services; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Services; or (vi) any other matter related to the Services, even if RocketCart or a RocketCart representative has been advised of the possibility of such damages.

Notwithstanding the foregoing, RocketCart's total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of RocketCart), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to RocketCart (if any) during the 30 day period preceding the date of such claim. If you are dissatisfied with any of the Services, or any services provided through any of the Services, your sole and exclusive remedy is to discontinue using the Services. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you. 

Indemnification

You agree to indemnify and hold harmless RocketCart and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you agree to provide us with such cooperation`` as is reasonably requested by us.

Arbitration Agreement

If you are a RocketCart member in the United States (including its possessions and territories), you and RocketCart agree that any dispute, claim or controversy arising out of or relating in any way to the RocketCart Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and RocketCart are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your RocketCart membership.

If you elect to seek arbitration or file a small claims court action, you must first send to RocketCart, by certified mail, a written Notice of your claim ("Notice"). The Notice to RocketCart must be addressed to: Legal Department, RocketCart, Inc., 12712 Western Ave., Garden Grove, CA. 92841 ("Notice Address"). If RocketCart initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by RocketCart, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If RocketCart and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or RocketCart may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after RocketCart receives notice at the Notice Address that you have commenced arbitration, RocketCart will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless RocketCart and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of RocketCart’s last written settlement offer made before an arbitrator was selected (or if RocketCart did not make a settlement offer before an arbitrator was selected), then RocketCart will pay you the amount of the award or US$250, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

YOU AND ROCKETCART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and RocketCart agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notice to California Consumers – Proposition 65

Please contact Customer Service through the Help Center on our website if you have concerns, complaints, or feedback. For your reference, the State of California’s Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

As a California resident, under Proposition 65, you are entitled to notice when a Product contains a chemical, listed by and known to the State of California, to which exposure at a significant risk level can increase the risk of cancer and/or to be a reproductive toxicant. For information about Proposition 65, go to www.P65Warnings.ca.gov.

Governing Law

These Terms and any other matters related to or arising from your use of the Services, shall be governed by and construed in accordance with the laws of the state of Delaware, without resort to its conflict of law principles.

Customer Support

To find more information about our Services, if you need assistance with your account, or have questions about your order, please contact us at support@rocketcart.com or through the support options on our website. In the event of any conflict between these Terms and information provided by Customer Service or other portions of our Services, these Terms will control.

 Survival

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Changes to Terms and Assignment

RocketCart may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. RocketCart may assign these Terms and any other agreements with you to any affiliated company or to any entity that controls all or substantially all of our business or assets related to the applicable Services and/or RocketCart.

 Communication Preferences

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, to the contact information provided during your account registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.