Terms and Conditions ("Agreement")

This Agreement was last modified on September 9, 2014.

ROCeteer (“ROCeteer,” “we,” “us,” or “our”) owns and operates the website located at www.roceteer.com (the “Site”). These Terms of Use state the terms and conditions under which you may use our service which is available through the Site (the “Service”). Please read these Terms of Use carefully. By using the Site or the Service, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use. If you do not agree to any of these terms, then please do not use the Site or the Service. These Terms of Use may be updated by us from time to time without notice to you.

The Service

Through the Service, we offer an online marketplace that connects start-up companies looking for business advice, coaching, mentoring, or training (each a “Mentee”) with individuals and/or businesses who are willing to provide such services (each a “Cloud Roceteer”). A Mentee posts his/her requirements and/or request for services for review by various Cloud Roceteers; Cloud Roceteers interested in performing the services respond with a proposal; if the Mentee accepts a Cloud Roceteer’s proposal, the parties may enter into a contract and finalize the transaction off-site independent of the Service and any involvement by us.

Registration

You may visit the Site and view the public areas of the Site without registering with us. If you wish to use the Service, you will need to register as a Mentee or Cloud Roceteer and create an account. During the registration process, you will have to provide your name, company name, email address, biographical information, and any other information requested during the registration process. You will also have the option of providing us with your headshot or other photographs that you wish to use in connection with your profile. You will also have to create a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. We reserve that right, at any time in our sole discretion, to terminate any Cloud Roceteer or Mentee’s use of the Service for any reason.

Use of Personal Data

Your use of the Site and/or the Service may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such personally-identifiable information are governed according to our Privacy Policy (located here, which is hereby incorporated by reference in its entirety.

Intellectual Property

(a) ROCeteer Content. The Site and the Service contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “ROCeteer Content”). The ROCeteer Content may be owned by us or our licensors and is protected under both United States and foreign laws. The ROCeteer Content may include trademarks, service marks, and logos of ROCeteer used and displayed on the Site, which are registered and/or unregistered trademarks or service marks of ROCeteer. Except as otherwise provided in these Terms of Use, you have no rights in or to the ROCeteer Content.
(b) User Generated Content. You may post and/or create content through the Service, including, without limitation, Mentees’ requests for services, Cloud ROCeteers’ proposals, other interactions with users of the Service, and Mentees’ reviews of Cloud ROCeteers’ skills or services (collectively, "User Generated Content"). We cannot and do not review it all--we may merely act as a passive conduit for distribution of the User Generated Content. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. Remember, once you submit User Generated Content through the Service, including any personally identifying information, it is made available to Cloud Roceteers and may be made available to other Mentees, so please take care with the User Generated Content that you choose to share. You retain all copyrights and other intellectual property rights in and to the User Generated Content. However, you hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for us to provide the Service. As a Cloud ROCeteer, you acknowledge that Mentees are able to review your skills and/or services and make such reviews publicly available through the Service. We assume no liability for any such reviews, whether they are positive or negative.

Community Guidelines

By accessing and/or using the Service, you hereby agree that:

  • You will not use the Service for any unlawful purpose;
  • All information provided through your account must be truthful and accurate, and you have a duty to update any information previously provided in order to keep it truthful and accurate;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk” or otherwise harass another Mentee or any Cloud Roceteer;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
  • You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability

NONE OF ROCETEER, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “ROCETEER PARTIES”) ENDORSE ANY MENTEE, CLOUD ROCETEER, USER GENERATED CONTENT, OR ANY OTHER CONTENT POSTED BY ANY MENTEE OR CLOUD ROCETEER (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY MENTEE OR CLOUD ROCETEER OR ANY REIVIEW BY A MENTEE OF ANY CLOUD ROCETEER, WHETHER POSITIVE OR NEGATIVE). YOU ACKNOWLEDGE THAT THE SERVICE MERELY ACTS AS A VENUE THAT ALLOWS MENTEES TO CONNECT WITH CLOUD ROCETEERS. NONE OF THE ROCETEER PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN MENTEES AND CLOUD ROCETEERS OR FOR ANY RESULTS CAUSED BY USING THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. NONE OF THE ROCETEER PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MENTEE OR CLOUD ROCETEER. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE ROCETEER PARTIES WARRANT THAT THE SITE OR THE SERVICE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE ROCETEER PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICE. YOUR USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEMDY WITH RESPECT TO DISSATISFCATION WITH THE SITE OR THE SERVICE IS TO STOP USING THE SAME.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES, OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

External Sites

The Site may contain links to third-party websites (“External Sites”), but we do not endorse and are not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold the ROCeteer Parties harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Site or the Service; (iii) any User Generated Content provided through your account; (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right, or your violation of any law, rule, regulation or professional codes of conduct or similar standards applicable to your business and/or profession; and (v) any claims brought against any ROCeteer Party by a Mentee or Cloud Roceteer as a result of any of your acts or omissions.

Advertisements on this Site

We, in our sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.

Compliance with Applicable Laws

The Site and the Service are based in the United States. We make no claims concerning whether the Site, the Service, the Content, or the User Generated Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination

We may terminate these Terms of Use and your access to all or any part of the Service at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.

Copyright Complaints

If you believe the Site or the Service contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to: Copyright Agent To contact our Copyright Agent by email, please write to compliance@roceteer.com, with COPYRIGHT NOTICE in the subject line.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through the Site shall be governed by and construed in accordance with the laws of the State of Delaware. Except for proceedings commenced by ROCeteer to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Delaware. These Terms of Use contain the entire agreement of the parties concerning the Site and the Service, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the use of the Site and/or the Service.