PRIVACY POLICY

Last Modified on April 4, 2019.

Rove, LLC ("Company," "we," or "us") respect your privacy and are committed to protecting it through our compliance with this policy.

The purpose of this Privacy Policy is to inform you as to what information may be collected from you when you visit our website https://rovebrand.com/ (the "Site") and our mobile applications for iPhone, Windows or Android mobile devices (the "App") (the App and the Site are collectively referred to herein as the "Services"), how such information will be used by the Company and/or other persons or entities, with whom such information may be shared, your choices regarding the collection, use and distribution of such information, your ability to edit, update, correct or delete such information and the security procedures that we have implemented to protect your privacy.

By using the Service, you agree to the terms and conditions of this Privacy Policy.

Any communication or material you provide to us, whether received online, through the Services, electronically, otherwise collected by or submitted to us, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary except as set forth in this Privacy Policy. Anything you transmit or post becomes our property and may be used for any Company business purpose, including, but not limited to, reproduction, disclosure, transmission, publication, market, research, development of prospect lists, project planning, broadcast, posting and marketing, among other things.

CALIFORNIA USE ONLY

The Services are controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Service should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

NO USE OF THE SERVICES BY PERSONS UNDER 21 PERMITTED

The Company intends only persons who are twenty-one (21) years or older to use the Services and any use of the Services by persons under the age of twenty-one (21) is strictly prohibited. Personal information submitted by a person under the age of twenty-one (21) will not be accepted. Any general information provided by a person under the age of twenty-one (21) and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Policy.

CHILDREN UNDER THE AGE OF 13

Our Services are not intended for children under thirteen (13) years of age. No one under age thirteen (13) may provide any information to or through the Services. We do not knowingly collect Personal Information from children under thirteen (13). If you are under thirteen (13), do not: (i) use or provide any information on any of the Services or on or through any of their features; (ii) register on any of the Services; (iii) make any purchases through any of the Services; (iv) use any of the interactive or public comment features of any of the Services; or (v) provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under thirteen (13), we will delete that information. If you believe we might have any information from or about a child under thirteen (13), please contact us at app@rovebrand.com.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Services, including:



We collect this information:



INFORMATION YOU PROVIDE TO US

The information we collect on or through our Services may include:



INFORMATION WE COLLECT THROUGH AUTOMATIC
DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:



We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please see the DO NOT TRACK section of this Privacy Policy for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service by enabling us to:



The technologies we use in connection with this automatic data collection may include:



THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:



We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us at app@rovebrand.com. For more information, see CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:



We may also disclose your personal information:



CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:



DO NOT TRACK

California's "Do Not Track" Notice. "Do Not Track" ("DNT") is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. The Services do not currently respond to "Do Not Track" settings. For further details regarding DNT, visit donottrack.us.

DATA SECURITY

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

ACCESS OR CORRECTIONS TO YOUR INFORMATION

You may send us an e-mail at app@rovebrand.com] to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to app@rovebrand.com .

MODIFICATIONS TO OUR PRIVACY POLICY

The Company reserves the right to change this Privacy Policy at any time. Any changes to this Privacy Policy will be effective immediately upon notice, which may be provided to you via e-mail or by posting the latest version on our Services. Your subsequent use of the Services be deemed acceptance of such changes. Be sure to review this Privacy Policy periodically to ensure familiarity with its most current version. You can easily confirm whether any revisions have been posted since your last visit by checking the date on which the Policy was last revised, which is set forth at the top of this Privacy Policy. If you object to such changes, we will honor our prior privacy policies as to any data previously collected. If you disagree with the changes in our Privacy Policy, however, please do not use the Services after the posting of such changes online. By using the Services following the posting of changes to this Privacy Policy, you agree to all such changes.

QUESTIONS OR COMMENTS OR TO CONTACT US

If you have questions or comments about this Privacy Policy, or you wish to access or make changes to information we have about you, please send an e-mail to app@rovebrand.com .

TERMS OF USE

Last Modified on April 4, 2019

ACCEPTANCE OF THE TERMS OF USE

These Terms of Use are an agreement between Rove, LLC (the "Company", "We" or "Us") and you ("you" or "User"). This following terms and conditions, together with any documents that are expressly incorporated by reference (collectively the "Terms of Use"), sets forth the legal terms and conditions governing your use of this website, https://rovebrand.com/ (the "Site") and our mobile applications for iPhone, Windows or Android mobile devices (the "App"), including, but not limited to, any content, functionality, services and goods offered on or through the Site or App, weather as a guest or registered user.

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY, LOCATED AT https://app.rovebrand.com/terms-and-conditions, https://app.rovebrand.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE, BEFORE USING THE SITE OR THE APP. BY CLICKING TO ACCEPT OR AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, YOU REPRESENT, WARRANT AND COVENANT TO US THAT YOU ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MUST NOT ACCESS OR USE THE SITE OR THE APP.

These Terms of Use include: (1) an arbitration provision; (2) a waiver of rights to bring a class action against Us; and (3) a release by you of all claims for damage against Us that may arise out of your use of the Site and/or the App.

THESE TERMS OF USE WAIVE SUBSTANTIAL RIGHTS AND INCLUDE A RELEASE OF LIABILITY AND A LIMITATION OF DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO REVIEW THESE TERMS OF SERVICE WITH AN ATTORNEY. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND THAT YOU ARE AWARE THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS OF SERVICE. YOU HAVE NO OBLIGATION TO USE THE SITE OR THE APP OR AGREE TOO THESE TERMS OF USE, BUT YOU ARE DOING SO VOLUNTARILY AND UNDERSTAND THAT WE MAY UPDATE THESE TERMS OF SERVICE IN OUR SOLE DISCRETION. YOUR USE OF THE SITE AND THE APP IS EXPRESSLY SUBJECT TO YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOU MAY AND WILL NOT USE THE SITE OR THE APP UNLESS AND UNTIL YOU HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF USE.

MODIFICATIONS

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site and App thereafter.

Your continued use of the Site or App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site or the App so you are aware of any changes, as they are binding on you.

ACCESS

We reserve the right to withdraw or amend the Site and the App, and any service, product or material we provide on the Site or App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, some parts of the App, the entire Site, or the entire App to users, including registered users. We reserve the right, in our sole discretion, to limit the availability of the Site and/or the App to any person, geographic area or jurisdiction at any time.

You must obtain access to the Internet and pay any data and service fees associated with such access to use the Site or the App. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your computer or device and for all related costs. You are solely responsible for scanning your hardware and software for viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Site or the App.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or App, or portions of the Site or App using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

ELIGIBILITY

TO USE THE WEBSITE OR DOWNLOAD OR USE THE APP, YOU MUST BE AT LEAST TWENTY-ONE (21) YEARS OF AGE. You must create an "Account" to use the App, which requires you to provide certain information, including, but not limited to, your name, date of birth, and email address. You are responsible for providing Us with and maintaining accurate contact information, including your email address and any other information We may reasonably require.

YOUR INFORMATION AND YOUR PRIVACY

If you provide information to the Site or the App, you agree to provide accurate, current and complete information about you where requested and you agree to maintain and update such information as appropriate. We will use and maintain any information about you that we collect through the Site or the App in accordance with our Privacy Policy, located at https://app.rovebrand.com/privacy-policy.

INTELLECTUAL PROPERTY RIGHTS

The Site, the App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site and the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site or App, except as follows:



You must not:



You must not access or use for any commercial purposes any part of the Site or the App, or any services or materials available through the Site or the App.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site or the App in breach of the Terms of Use, your right to use the Site and the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site, the App or any content on the Site or App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

OUR PROPRIETARY RIGHTS

The Site, the App and all of the content they contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms of Use, on the Site or on the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Site or the App. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms of Use will constitute a violation of these Terms of Use and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Site or the App by other members, including without limitation by attempting to access administrative areas of the Site or the App. You agree to report any violation of these Terms of Use by others that you become aware of. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. The Company's name, our logo, and the name of the products produced, marketed, sold or distributed by the Company or its affiliates, are trademarks and/or service marks of the Company, or its affiliates. All other trademarks, service marks, and logos used on the Site or the App are the trademarks, service marks or logos of their respective owners.

PROHIBITED USES

You may use the Site and the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site or the App:



Additionally, you agree not to:



MEMBERSHIP AND REGISTRATION

Certain areas of the Site or the App may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Site and the App practices governing your personal information are disclosed in the Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site or the App.

If you register with the Site or the App, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership rights or any Site or App functionality. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and mobile device so that others may not access the password protected portion of the Site or the App. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

COPYRIGHTS AND COPYRIGHT AGENTS

The Company respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, the Company has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. The Company's Copyright Agent, James Lee, may be reached at app@rovebrand.com.

If you believe that any content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide the Company's Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):



REWARDS PROGRAMS, CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS

This Site and/or the App may contain rewards programs, sweepstakes, contests, or other promotions that require you to send material or information about yourself. Please note that rewards programs, sweepstakes, contests or promotions offered via the Site or the App may be, and often are, governed by a separate set of rules that, in addition to describing such rewards programs, sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such rewards programs, sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

LINKS

We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which the Site or the App may be linked for from which the Site or the App may be accessed. You are requested to inform us of any errors or inappropriate material found on Websites to which this Site or the App is or may be linked.

ERRORS

Although we attempt to maintain the integrity of the Site and the App, we make no guarantee as to the accuracy or completeness of the Site or the App. If you believe that you have discovered an error in the Site or the App, please contact us at app@rovebrand.com and include, if possible, a description of the error, its URL location, and your contact information. We will make reasonable efforts to address your concerns.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THIS SITE, THE APP, AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON THEM ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

YOU AGREE THAT WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AND PARTNERS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE APP, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE, THE APP, OR THEIR RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

BY ACCESSING THIS SITE AND/OR THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Site, the App and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by us. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Site and the App.

The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Site or the App. This Site and/or the App may be temporarily unavailable due to maintenance or malfunction of computer equipment.

INDEMNIFICATION

BY USING THIS SITE AND/OR THE APP YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE APP AND/OR THE MATERIAL IN VIOLATION OF THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, MOBILE DEVICE, OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT.

TERMINATION; MODIFICATION

We will determine your compliance with this Agreement in our sole discretion and our decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and/or the App and may be referred to law enforcement authorities. No waiver of any of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorized officer of the Company. We reserve the right to modify or discontinue this Site, the App, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the Site, or the App, or upon demand by the Company, you must destroy all materials obtained from this Site and the App and all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.

The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.

GOVERNING LAW AND JURISDICTION

All matters relating to the Site, the App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to these Terms of Use, the Site, or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Santa Ana, County of Orange. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use, the Site, or the App including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to confidential, final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. Such confidential arbitration shall be held in Orange County, California, and the decision of the arbitrator(s) shall be conclusive and binding on the parties and shall be enforceable in any court of competent jurisdiction.

NO CLASS ACTIONS

YOU MAY RESOLVE ANY DISPUTE WITH US ONLY ON AN INDIVIDUAL BASIS. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy, and the Terms and Conditions for the Rove Rewards Program (if applicable) constitute the sole and entire agreement between you and the Company with respect to the Site and the App, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and/or the App.

CONTACT US

If you have any questions, comments or concerns about our Site, the App or this Agreement, you may contact us at app@rovebrand.com.

BY USING THE WEBSITE OR THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN, AS AMENDED FROM TIME TO TIME.