ROKA Pro Program Terms & Conditions  

Welcome! This exclusive program is reserved for qualified Industry Professionals and Industry Partners. Membership is by application, is not guaranteed, and can be revoked at any time. By applying for this program you agree to the following terms and conditions: 

These Terms of Use (“Terms”), govern your access to and use of our websites, mobile sites and other related services (collectively, our “Platform”). In these Terms, when we refer to “ROKA,” “us,” “we” or, “our”, we mean ROKA Sports, Inc., 2214-A West Brake Lane, Austin TX 78758. The terms “you” and “your” mean you, the person or entity who uses the Platform. Review these Terms carefully: this is a contract and affects your legal rights. By using the Platform, you agree to and accept these Terms. If at any time you do not accept these Terms or you are not entitled to use the Platform, stop using thePlatform AND delete any of your Platform accounts.

Product Use

Products acquired through the program are for personal use only and cannot be resold. We reserve the right to refuse or cancel any order if we suspect you are purchasing Products for resale.

Product Availability

The program applies to in-stock items only, no pre-orders will be accepted. We use reasonable efforts to fulfill orders but cannot guarantee availability of any particular Product shown on the Platform, and sometimes a Product may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to change the description of any Product or to discontinue selling any Product at any time without notice. 

Creating an Account

Membership and continued involvement are subject to our existing Terms and Conditions which can be found at roka.com/pages/terms-of-use. This is a non-transferable benefit. You may not share your ROKA Pro Program privileges with others. To use certain services available through the Platform, you may need to create an account. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are responsible for keeping your account and contact information up to date. You agree to accept responsibility for all activities that occur under your account, including any misuse by you or others. You agree to promptly notify us of any unauthorized use of your username, password, or account. You may not use another person’s account without permission, act in a way that interferes with another user’s account, or solicit another user’s password. We may terminate or suspend your account(s) for any reason, including your violation of these Terms, misuse of any part of the Platform, or other improper activity. 

Renewal and Expiration

Program privileges are valid for the current calendar year. Eligibility is required for successful renewal-ROKA to review account usage.

Pricing/Taxes

All prices on the Platform are subject to change and exclude applicable tax and shipping, except where required by law in the applicable jurisdiction (e.g., VAT, GST) or otherwise indicated on the Platform. Applicable mandatory taxes and/or other fees will be applied and charged at their then-current rate. If the tax rate changes between the date of an order and the date of delivery, we will adjust the tax unless the order has been paid in full before the change in tax rate. We reserve the right to change pricing at any time or correct pricing errors that may inadvertently occur. Discounts cannot be stacked or combined with any other offers. All account information, including prices offered through the program, must be kept confidential.

Annual Spend Cap

The pro program discount is valid for 12 months and will be deactivated after $3,000 in spending is reached during that period.

Special Offers

From time to time, we may offer special promotions for some or all of our Products, including discounts, limited edition Products, or free shipping. These offers may be for a limited time only and ROKA reserves the right to change or discontinue such offers at any time.

Payment

All orders must be paid in full prior to shipment. Forms of payment and/or financing that we accept are described on the Product page or during the checkout process. Shipment of any order is subject to verification of payment information and availability of funds. We reserve the right to change available payment and financing options at any time without notice.

Shipping

Available shipping options will be displayed during the checkout process. Any time frame provided by ROKA for when a Product may ship or be delivered is a good faith estimate. While we do our best to meet that timeframe, it is not a guarantee. Actual delivery of your order can be impacted by many events, some of which are beyond our control. ROKA cannot be held liable for late deliveries.

Unless otherwise required by local law, title and all risk of loss or damage to the Products shall pass to you, or a designated recipient, when the Product is picked up at ROKAs warehouse by the designated shipping carrier. ROKA is not responsible for loss or damage to Products that occur after that moment. If you have questions or issues about your order, or changes in status, please contact our support team.

Product Returns

For information on returns, please refer to our returns pages linked at the bottom of our websites or to the packaging slip provided with the Product. Please see support@roka.com or the Returns page linked at the bottom of our websites for the policies and procedures.

Warranty

For information regarding our applicable warranty policy, please refer to the written warranty included with the Product, support@roka.com or the warranty page linked at the bottom of our websites.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in respect of the Platform and in all data, material and content published on it.

Your use of the Platform and software, as authorized by these Terms, grants you no rights in relation to our, or our licensors', intellectual property rights except as expressly specified below.

In return for your acceptance of these Terms, we grant you a non-exclusive license to use thePlatform on any device that you own or control. This license is for your personal use only (meaning it may not be used for commercial use or gain) and is non-transferrable (meaning it cannot be given to anyone else). This license ends without notice when you stop using thePlatform and when you no longer have any of our apps installed on your devices, or otherwise when we tell you we are terminating it.

You grant ROKA a non-exclusive, royalty-free, perpetual right to use any content you submit through the Platform (including ratings, reviews, comments, images, videos, or any other type of media) in any manner or media now or later developed, for any purpose, commercial,advertising, or otherwise. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute such content. You acknowledge that your content may be used and shared by us with third parties.

You further unconditionally and irrevocably waive, and consent to conduct that may otherwise in fringe, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your content that you have submitted through the Platform. In particular, you consent to any amendments, deletions from and use of your content, including any that fail to attribute any authorship to you.

If you provide us with any ideas, proposals, suggestions or other materials relating to the Platform, or any other ROKA Products or services, we may use the feedback in any manner for any purpose without restriction or compensation to you.

Privacy

We value your trust. Please refer to our Privacy Policy at roka.com/pages/privacy-policy for details on how we collect and use information. Subscription to ROKA emails is a requirement of membership. By using the Platform, you acknowledge the collection, use, disclosure and storage of data.

Contact Us, Get Information, Or Offer Feedback

If you have any questions, comments, concerns, complaints or claims about these Terms or the Platform, you can contact us at any time by support@roka.com.

Changes

From time to time, we may change these Terms. You are responsible for regularly reviewing these Terms, and your continued use of the Platform following any changes to these Terms indicates your acceptance of those changes.