Privacy Policy & Conditions of Use

• Service
  The Service is the www.ColoRockCo.com website and other associated services (such as social media accounts) operated by ColoRockCo Ltd.
• Personal Data
  Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
• Usage Data
  Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Cookies
  Cookies are small pieces of data stored on your device (computer or mobile device).
• Data Controller
  Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
• Data Processors (or Service Providers)
  Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.We may use the services of various Service Providers in order to process your data more effectively.
• Data Subject (or User)
  Data Subject is any living individual who is using our Service and is the subject of Personal Data.
  
  
• Conditions
  The “Terms”, “Conditions” or “Conditions of Use” are the terms for the condition of use for the Service
• Purchases
  If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

  We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

  We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

   

• Availability, Errors and Inaccuracies
  We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 
• Contests, Sweepstakes and Promotions
  Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as this Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. 
• Accounts
  When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

   

• Copyright Policy
  We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to mail@ColoRockCo.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

   

• DMCA Notice and Procedure for Copyright Infringement Claims
  You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • 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;
  • 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 authorized to act on the copyright owner’s behalf.

  You can contact our Copyright Agent via email at mail@ColoRockCo.com

• Intellectual Property
  The Service and its original content, features and functionality are and will remain the exclusive property of ColoRockCo Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ColoRockCo Ltd.
• Links to other Websites
  Our Service contains links to third party web sites and services that are not owned or controlled by ColoRockCo Ltd.ColoRockCo Ltd. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.You acknowledge and agree that ColoRockCo Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

  We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

• Termination
  We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Conditions.If you wish to terminate your account, you may simply discontinue using the Service.All provisions of the Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
• Indemnification
  You agree to defend, indemnify and hold harmless ColoRockCo Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Conditions.
  
• Limitation of Liability
  In no event shall ColoRockCo Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
  
• Disclaimer
  Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.ColoRockCo Ltd., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
  
  PLEASE READ BEFORE ORDERING: All products offered for sale on this website are in compliance with local, state and federal laws. By ordering from ColoRockCo you acknowledge that you are at least 18 years of age and that you are fully knowledgeable of the product(s) and any required handling procedures, safety issues and hazards. By the act of ordering from ColoRockCo you agree that ColoRockCo is not responsible in any way for any damages resulting from the use or misuse of product(s) ordered from this site. ColoRockCo’s liability is limited to the purchase price of the product(s). Materials purchased from ColoRockCo must be handled with care and kept out of reach of children. As a buyer, it is your responsibility to research and understand your purchase before using or handling purchased product(s). Products purchased from this website are intended for laboratory or collector use only and are not suitable for household use or ingestion. ColoRockCo makes no expressed or implied warranty with respect to the accuracy of the information or the suitability of the recommendations contained on the Service. We accept no responsibility and disclaim all liability for any harmful effects which may be caused by purchase, resale, use, exposure or disposal of our product(s). Customers/users of the product must comply with all federal, state, and local laws and regulations.

  By making a purchase from this website, the Buyer agrees to and understands the following: The buyer has outside access to information and research, and understands the hazardous nature of each product the buyer may purchase.

  The buyer takes full responsibility for the safe handling and use of any products purchased from ColoRockCo.

  The buyer is over 18 years of age.

  In no event shall ColoRockCo or its suppliers be liable for consequential damages, nor shall the liability of ColoRockCo on any claim for damages arising out of or connected with the sale, delivery, or use of the materials purchased exceed the purchase price of product(s).

  The buyer will not use this purchased product in violation of any local, state or federal laws, which includes using any products to construct a biological or nuclear weapon.

  This agreement applies to all of the buyer’s purchases, past present and future.

  In the event of disposal of this product, the buyer agrees to follow all proper laws with regard to proper and legal disposal.

  The buyer agrees that under no circumstances will children, or others unfamiliar with the hazards of this product, be allowed access to any products purchased from ColoRockCo.

• Exclusions
  Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
  
• Governing Law
  These Conditions shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Conditions will not be considered a waiver of those rights. If any provision of these Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Conditions will remain in effect. These Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
• Changes
  We reserve the right, at our sole discretion, to modify or replace these Conditions at any time. If a revision is material we will provide at least 30 days notice prior to any new conditions taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

We do not sell anything illegal. Everything we offer for sale is legal to purchase & own in the United States. It’s your responsibility to know your country’s laws.

We do not sell anything dangerous, as long as it’s not eaten, inhaled, kept next to your bed or in your pocket, or modified into a weapon.

We do not sell any rocks or minerals collected from public land, besides those acquired from leased claims. 

We purchase from miners, other suppliers and mineral dealers, and on occasion, from collectors.
While we will not purchase a random rock from a random person, if you think you might have something to sell, please contact us

We will ship your product generally by the next business day. However, there may be a rare occasion when the product you have ordered is out-of-stock, which will delay fulfilling your order. We will keep you informed of any products that are out-of-stock and unavailable for immediate shipment, and you may cancel your order at any time prior to shipping.

Pick up – You may pick up any purchase directly from  ColoRockCo in Grand Junction, Colorado and avoid a shipping fee, or have any purchase shipped (except possibly the largest petrified wood, may be too heavy).

Shipping

Shipping time to destination can be an additional 2 to 90 days – depending on your location.

If you are on a tight time schedule, expedited processing may be possible.

Shipping for most orders under $50 is shipped flat rate for $10.

Orders over $50 get free shipping (excluding a few of the heaviest items).

All packages valued under $500 are shipped via USPS.

Packages valued over $500 are shipped via UPS.

Some highly energetic minerals cannot ship via USPS or air and are shipped ground via UPS. These will be marked accordingly.

ColoRockCo is not responsible for broken items damaged by third parties (i.e. USPS, Fedex, etc.).We insure some packages but it is your responsibility to contact us for insurance or call USPS if items are broken.

For multiple product orders, we will make every attempt to ship all items contained in that order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge will be applied to the first product(s) shipped on a multiple shipment order.

Taxes

ColoRockCo will automatically charge and withhold the applicable sales tax for the orders to be delivered to addresses within Colorado, but for orders shipped to other areas, you are solely responsible for any sales taxes and/or other taxes that may apply.

Returns

Most sales can be returned at any time, but some sales are final! United States Federal law prohibits the shipment of radioactive materials without proper UN numbers*

The required legal fine print:

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ColoRockCo reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, ColoRockCo retains the right to refuse or cancel any orders placed for products listed at the incorrect price. ColoRockCo also reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ColoRockCo will issue a refund to your card in the amount of the incorrect price.

RELEASE, ASSUMPTION OF RISK, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
By purchasing any item or items from ColoRockCo Ltd., the buyer warrants that they will use these items in compliance with their federal, state, and local laws. ColoRockCo Ltd. may not be held responsible for any non-compliance with these laws or misuse of the products. Any order placed by any means is an agreement to these rules, regulations, and policies.

* – we think? still working that out

We collect several different types of information for various purposes to provide and improve our Service to you.

• Personal Data
  While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

  We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

• Usage Data
  We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
• Tracking & Cookies Data
  We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

  Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

  You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

  Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

ColoRockCo Ltd. uses the collected data for various purposes:

• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

If you are from the European Economic Area (EEA), ColoRockCo Ltd.’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

ColoRockCo Ltd. may process your Personal Data because:

• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it’s not overridden by your rights
• To comply with the law

ColoRockCo Ltd. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

ColoRockCo Ltd. will also retain Usage Data for internal analysis purposes only as long as necessary. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Third-party services may gain access to your personal data through their incorporation into the Service, but no data will be given to any other company, entity or person.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

ColoRockCo Ltd. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place willingly to any organization or country.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, ColoRockCo Ltd. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

ColoRockCo Ltd. may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of ColoRockCo Ltd.
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

“Do Not Track” Signals Under California Online Privacy Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. ColoRockCo Ltd. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Data.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where ColoRockCo Ltd. relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

• Google Analytics

  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

  You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.