Terms and Conditions

Thank you for visiting the Website for RockStub.

Rockstub is an online pay stub generator comprised of software tools that help small business owners operate more effectively and efficiently.

For purposes of these Terms of Use, references to this “Website” mean the website bearing the URL www.rockstub.com, and any affiliated websites, together with their related web pages, or any successor URLs, mobile or localized versions, and related domains and subdomains, and any of the content and functionality available through rockstub.com, including without limitation our products, applications, and services in whatever format they may be offered now or in future (“Products”). References to “we”, “our”, “us” , or the “Company” mean Create Online, LLC , a Massachusetts limited liability company, doing business as Rockstub. References to “you", “your”, or the “user” mean the user of this Website.

Agreement to Be Bound

The following Terms of Use, together with the relevant information set out on this Website, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials (collectively, the Website), are subject to the Terms of Use set forth below. Please read them carefully as any use of this Web site constitutes an agreement by the user to be bound by these Terms of Use without explicit acceptance thereof. By using this Website you represent that you have read and understand the Terms of Use and that you agree to be bound by these Terms of Use as set forth below.

These Terms of Use are subject to the Privacy Policy, which also govern your use of the Website.

Modifications and Changes to Terms of Use

We may modify, add to, suspend or delete the Terms of Use and/or Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective upon their posting to the Website. Your use of the Website after modification, addition, or deletion of the Terms of Use and/or the Privacy Policy shall be deemed to constitute acceptance by you of the modification, addition, or deletion.

We may modify, add to, suspend, or delete any Product or any aspect thereof, or any service offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

Modifications and Changes to the Product and Pricing; Discontinuation.

The price for the Product and/or any related products designed and distributed by us is subject to change without notice and at our sole discretion.

We reserve the right at any time at our sole discretion to change or discontinue the Product and/or any other related products designed and distributed by us (or any part or content thereof) without notice at any time.

Accuracy, Completeness and Timeliness of Payroll Calculations

You hereby agree and expressly acknowledge that we assume no liability for payroll calculations made using the Website where such calculations are not accurate, complete, or current. You further hereby expressly agree and acknowledge that the Website is not a substitute for the personal guidance of a certified tax professional. Therefore, your reliance on the calculations is entirely at your own risk. It is your responsibility, as user, to check compliance with those sections of federal, state, and/or local tax codes applicable to you, and if necessary to turn off the automatic calculator on the Website and conduct manual calculations to comply with such tax codes.

Product Information

For questions about Rockstub and any Product designed, sold and/or distributed through this Website, please email customer service at support@rockstub.com.

Right of Refusal, Limitation, and Discontinuation

We reserve the right to refuse to sell the Product or any other product designed, sold and/or distributed through this Website to anyone for any reason at any time, at our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity, 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 may (but shall have no obligation to) attempt to notify you by contacting the e-mail 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.

Any offer, whether made on this Website or elsewhere, for the Product or any other product designed, sold, and/or distributed through this Website is void where prohibited.

Prohibited Use

By using the Product or the services provided by this Website, you hereby expressly agree that you shall not, in any manner whatsoever, use or access the Website, the Product, or such services for any of the following (each, a “Prohibited Use”): any illegal, immoral or fraudulent purpose; any purpose prohibited by these terms, conditions, and notices or by applicable law; any manner of use that could damage, disparage, or otherwise negatively impact us; any use prohibited by any competitors to us which may include download of whitepapers, products, or content for competitive purposes; any use of this Website or its contents to damage, disable, or otherwise negatively impact any of our server(s) or the networks connected to any of our server(s), or to interfere with any other party’s use of this Website or its associated Material; or any attempt to hack, password mine, or otherwise use malicious techniques to gain unauthorized entry to any services, accounts, computer systems, or networks connected to any of our servers.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND VENDORS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO YOUR PROHIBITED USE OF THE WEBSITE, PRODUCT, OR SERVICES.

Purchaser Responsible for Accurate Billing Information

You agree to provide current, complete and accurate purchase and account information for all purchases made using our payment processing portal PayPal®. You agree to promptly update your information, including your email address and credit card numbers and expiration dates with PayPal®, so that your transactions can be promptly handled.

Payments

Payment may be made via major debit or credit card through our payment processing portal PayPal®. For questions regarding payment, please contact customer service prior to purchase at support@rockstub.com. PayPal® is a corporate entity entirely independent from Company, and Company takes no responsibility for, and shall have no liability to you or any third party for, any arrangements, contracts, or agreements to provide services between PayPal® and you, any terms, conditions, representations, or warranties by PayPal® with respect thereto, or any questions, issues, or disputes arising between PayPal® and you in connection with any purchase or use of our Product by you.

Cancellation and Refund Policy

Purchases may not be cancelled and refunds shall not be given for any cause whatsoever.

Intellectual Property Rights Not Waived

All proprietary material (“Materials”) displayed or transmitted on this Website, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and may be protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display or in any way commercially exploit the Materials carried on this Website, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.

You acquire no rights or license whatsoever in the Materials other than the limited rights to use the Website and the Product in accordance with these Terms of Use. We reserve any rights not expressly granted under these Terms of Use with respect to the Website and the Product.

Third Party Advertisements and Promotions

We may, from time to time, run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party and are expressly undertaken at your own risk and discretion. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.

Use of Third-Party Tools

We may provide you with access to third-party tools which we neither monitor nor over which we 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 whatsoever by us. We shall have no responsibility or liability whatsoever arising from or relating to your use of optional third-party tools or any loss or damage of any sort incurred as a result of the same.

Any use by you of optional tools offered through the site is expressly 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).

We may also, in the future, offer new services and/or features through the Website (including, without limitation, the release of new tools.) Such new features and/or services shall constitute Products hereunder and shall be subject to these Terms of Use.

Third-Party Links

Certain content, products and services available via our Website may include materials from third parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials 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 websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party, who shall have sole responsibility and liability for any loss or damages relating thereto.

Transmittal of Sensitive Information

You understand that your content (not including credit card information provided by you to PayPal®, over which we have no control and shall have no responsibility or liability), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. By entering into these Terms of Use, you acknowledge and agree that we shall have no responsibility nor liability with respect to any loss or damages arising from such unencrypted transmission, or from such changes to your content in response to technical requirements of connecting networks or devices.

For more information as to how your sensitive information is treated, please see our Privacy Policy. For more information as to how your credit card details are treated, please see the PayPal® Privacy Policy and Terms of Use, which is solely under the control of PayPal® and with respect to which we bear no responsibility nor liability.

Disclaimer of Warranty; Limitation of Liability.

(A) ANY PRODUCT OR SERVICE OBTAINED THROUGH THE USE OF THIS WEBSITE IS EXPRESSLY DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICE AND/OR PRODUCT.
(B) NEITHER WE NOR ANY RELATED SUBSIDIARY, PARENT, OR OTHER AFFILIATE, NOR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS REPRESENT OR WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE, PRODUCTS OFFERED, OR OTHER MATERIALS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.
(C) ALL PAYROLL CALCULATIONS, WITHOUT LIMITATION, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. IT IS YOUR RESPONSIBILITY, AS USER, TO CHECK COMPLIANCE WITH THOSE SECTIONS OF FEDERAL, STATE, AND/OR LOCAL TAX CODES APPLICABLE TO YOU, AND IF NECESSARY TO TURN OFF THE AUTOMATIC CALCULATOR ON THE WEBSITE AND CONDUCT MANUAL CALCULATIONS TO COMPLY WITH SUCH TAX CODES.
(D) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEBSITE AND ON THE PRODUCT ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS, THE PRODUCT, OR ANY INFORMATION ON THIS WEBSITE. BY USING THIS WEBSITE OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEBSITE, YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEBSITE. WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, THE PRODUCT, OR ANY MATERIALS CARRIED ON THIS WEBSITE.
(E) IN NO EVENT WILL WE, OUR SUBSIDIARIES OR PARENTS, OTHER AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, THE PRODUCT, OR THE PRODUCT DESCRIPTIONS AND OTHER MATERIAL, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE.
(F) EXCEPT AS EXPLICITLY SET FORTH IN OUR PRIVACY POLICY OR AS REQUIRED BY LAW, WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF LOSS, DAMAGES, OR DISSATISFACTION WITH THE WEBSITE, THE PRODUCT, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Indemnification and Defense

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, AND ANY OF OUR PARENT, SUBSIDIARY, OR AFFILIATE ENTITIES, OUR AND THEIR VENDORS AND LICENSORS, TOGETHER WITH OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, MEMBERS, AND AGENTS, HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO (i) THE USE OF THE WEBSITE OR THE PRODUCT OR (ii) ANY OTHER BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Governing Law

This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions.

Agreement to Arbitrate

You agree that any cause of action, dispute or claim that may arise between you and us shall be commenced and be heard in binding arbitration only by the American Arbitration Association. This includes, but is not limited to claims arising out of or related to any aspect of the relationship between you and us whether based in contract, tort, regulation, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms of Use. You agree that we are each waiving the right to trial by jury or to participate in a class action. You and us each 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, you and us each agree that any arbitrator may not consolidate more than one person’s claims and may not otherwise presided over any form of a representative or class proceeding. This arbitration shall survive termination of these Terms of Use.

Severability of Provisions

If any provision of these Terms of Use shall be adjudged unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.

Entire Agreement

This, together with our Privacy Policy located elsewhere on this Website, constitutes the entire agreement between the parties concerning the Terms of Use for the Website.

Contact Information

Should you have any questions, comments or concerns about our Website or the Terms of Use, please do not hesitate to contact us at support@rockstub.com

Updates and Effective Date

The effective date of these Terms of Use is March 2019. From time to time, we may update these Terms of Use; therefore, we encourage you to periodically check back and review these Terms of Use.