Terms of Service

1. Who provides Hot Rocks

Hot Rocks is owned by Headwaters Holdings LLC (“Headwaters”) and licensed to RockTek Inc. (“RockTek”). RockTek operates the customer-facing service, onboards customers, and provides customers access to Hot Rocks. Headwaters provides and maintains the underlying platform and related technology under its license to RockTek.

In these Terms, “Hot Rocks” or the “Service” means the Hot Rocks mobile application, administrative application, websites, APIs, and related services. “Customer” means the business or organization that authorizes your use of the Service. “you” includes both the individual user and any Customer on whose behalf that user acts. RockTek and Headwaters are each an intended third-party beneficiary of the provisions that protect its rights, including the intellectual property, data-use, acceptable-use, warranty, indemnity, and liability provisions.

2. Eligibility, authority, and acceptance

The Service is intended for business use by adults. You must be at least 18 years old and legally able to enter into these Terms. If you use the Service for a Customer, you represent that you have authority to bind that Customer. If you do not agree, or lack that authority, do not use the Service.

A Customer may have an order form, license, subscription, pilot, or other written agreement with RockTek concerning the Service (a “Customer Agreement”). That Customer Agreement controls if it expressly conflicts with these Terms. It does not modify Headwaters’ ownership of Hot Rocks, Solace, or other underlying technology unless Headwaters expressly agrees in a signed writing.

3. Accounts and organization administrators

• Provide accurate information and keep your email address and telephone number current.
• Protect your device, sign-in codes, passkeys, and account. Do not share one-time codes or permit another person to use your identity.
• Notify RockTek promptly at support@stonedev.us if you suspect unauthorized access.
• Customer administrators may invite or remove users, assign roles, approve access, publish information, and otherwise manage their Customer’s workspace. The Customer is responsible for its administrators, users, permissions, and instructions.

RockTek or Headwaters may require reverification, reject an identifier, or suspend an account when reasonably necessary to prevent abuse, protect the Service, comply with law, or resolve competing claims to an email address or telephone number.

4. What the Service does—and does not do

Hot Rocks helps participating materials suppliers publish and manage plant, product, schedule, availability, contact, and related operational information. Mobile users can view listings and, when they choose to share device location, sort or filter results by estimated distance.

Listings are informational and can change without notice. RockTek and Headwaters do not guarantee that any product, quantity, price, specification, plant status, hours, location, minimum, maximum, preorder term, route, or distance is accurate or currently available. Confirm material specifications, availability, price, pickup requirements, site conditions, and safety information directly with the participating supplier before relying on a listing or traveling to a facility.

Hot Rocks is not an ordering, payment, dispatch, navigation, emergency, engineering, or safety service. Do not use it as a substitute for contracts, purchase orders, professional advice, traffic laws, facility instructions, safety data sheets, or emergency communications.

5. Sign-in messages and communications

If you request a telephone sign-in code, you consent to receive an automated transactional SMS message at the number you provide. Message frequency depends on your requests; typically one code is sent per request. Message and data rates may apply. Consent is not a condition of purchasing goods or services. Reply STOP to opt out of SMS and HELP for help, or contact support@stonedev.us. Carriers are not liable for delayed or undelivered messages. Opting out of SMS may prevent telephone-based sign-in, but an available email or passkey method may still be used.

You also agree that RockTek, Headwaters, and their providers may send service, security, account, and administrative communications using the contact information associated with your account. Marketing communications, if any, will be handled separately as required by law.

6. Limited right to use Hot Rocks

Subject to these Terms and any Customer Agreement, RockTek grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for your Customer’s internal business purposes. The Service is licensed, not sold. No right is granted except as expressly stated.

You may not, and may not help another person to:

• copy, resell, sublicense, rent, timeshare, or commercially exploit the Service;
• reverse engineer, decompile, disassemble, discover source code or non-public APIs, or circumvent access, security, usage, or technical restrictions, except where law prohibits that restriction;
• scrape, harvest, bulk export, or use automated means to access the Service without written authorization;
• interfere with the Service, probe for vulnerabilities, introduce malware, overload systems, or access another Customer’s data;
• use the Service or its output to build, train, benchmark, or improve a competing product or service, or misrepresent affiliation with RockTek or Headwaters;
• violate law, another person’s rights, facility rules, or a Customer’s policies through the Service.

7. Ownership of the platform and customer deliverables

Headwaters and its licensors retain all right, title, and interest in Hot Rocks, the Solace platform, software, APIs, designs, workflows, documentation, improvements, generic components, methods, know-how, and other underlying or pre-existing technology, including all intellectual property rights. RockTek’s customer-facing operation of the Service does not transfer those rights.

A separate signed agreement may identify customer-specific deliverables that a Customer will own or may continue using after a subscription ends. Unless that agreement expressly says otherwise, such ownership does not include Hot Rocks, Solace, platform components, pre-existing materials, generalized tools, or later improvements. Any embedded platform technology remains licensed only on the terms stated in that signed agreement. These Terms do not promise source-code delivery, perpetual hosting, or a right to operate or offer the underlying platform independently.

If you submit suggestions or feedback, you grant Headwaters and RockTek a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate it without restriction or obligation, provided neither represents that you endorse the resulting product.

8. Customer Data and Customer-Redacted Data

“Customer Data” means information submitted to the Service by or for a Customer, such as business listings, plant and product information, and Customer-controlled account data. As between the parties, the Customer retains its rights in Customer Data. The Customer represents that it has the rights and permissions needed for RockTek, Headwaters, and their service providers to process that data as described here and in the Privacy Policy.

The Customer grants RockTek and Headwaters a worldwide, non-exclusive right to host, copy, transmit, display, modify, and otherwise process Customer Data to provide, secure, support, and improve the Service; comply with law; prevent fraud or misuse; and perform the Customer Agreement. This operational license lasts only as long as reasonably necessary for those purposes, subject to backups, records required by law, and the rights in Customer-Redacted Data below.

“Customer-Redacted Data” means information derived from Customer Data or use of the Service that has been aggregated, de-identified, or otherwise modified so it cannot reasonably be used to identify a Customer, individual, household, or device. Removing a name alone is not sufficient if the remaining information could still reasonably identify the source.

As between the parties, Headwaters exclusively owns all right, title, and interest in Customer-Redacted Data. Headwaters may create, combine, use, disclose, license, and commercialize Customer-Redacted Data for lawful purposes, including analytics, benchmarking, research, market and business analysis, operating and improving Hot Rocks and Solace, developing products and services, and generating industry insights. Headwaters may license Customer-Redacted Data or resulting insights to RockTek and others. Headwaters will maintain that data in de-identified form, will not attempt to re-identify it, will not disclose it in a form that reasonably identifies a Customer or person, and will contractually require recipients of Customer-Redacted Data to maintain it in de-identified form and not attempt re-identification. These rights survive termination. Nothing in this paragraph transfers ownership of identifiable Customer Data or personal information to Headwaters.

9. Third-party services and app stores

The Service relies on third parties for hosting, databases, communications, authentication, mapping, app distribution, and other functions. Third-party links and services are governed by their own terms and policies, and RockTek and Headwaters are not responsible for independently controlled third-party services.

If you download the mobile application from Apple or Google, the applicable store’s rules also apply. The app store is not a party to these Terms, is not responsible for the Service or support, and may enforce applicable provisions of these Terms as a third-party beneficiary to the extent required by its rules.

10. Fees, pilots, and changes to the Service

Fees, subscription periods, pilots, renewals, and payment terms are governed by the applicable Customer Agreement. A pilot, preview, beta, or evaluation service may be changed or discontinued at any time and is provided without a commitment to future availability.

RockTek or Headwaters may modify the Service, add or remove features, impose reasonable usage or security limits, perform maintenance, or discontinue components. RockTek will provide notice when required by an applicable Customer Agreement or law.

11. Suspension and termination

RockTek or Headwaters may suspend or restrict access when reasonably necessary to address a security risk, suspected fraud, unlawful conduct, nonpayment, material breach, harm to another customer or the Service, or a legal requirement. Where practicable, RockTek will provide notice and an opportunity to cure.

You may stop using the Service at any time. Customer termination and any data return or transition obligations are governed by the Customer Agreement. When access ends, your license ends and you must stop using the Service. Provisions that by their nature should survive—including ownership, Customer-Redacted Data rights, disclaimers, liability limits, indemnity, and dispute terms—will survive.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL LISTINGS, DISTANCE ESTIMATES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ROCKTEK, HEADWATERS, AND THEIR AFFILIATES, LICENSORS, AND PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT. THEY DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT CONTENT OR MATERIALS WILL BE AVAILABLE, SUITABLE, OR ACCURATE.

Some jurisdictions do not allow certain disclaimers, so those disclaimers apply only to the extent permitted. Any legally required warranty is limited to the shortest period allowed by law.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCKTEK, HEADWATERS, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA; BUSINESS INTERRUPTION; SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM RELIANCE ON LISTINGS, TRAVEL TO A FACILITY, MATERIAL UNAVAILABILITY, OR UNAUTHORIZED ACCOUNT ACCESS, EVEN IF ADVISED OF THE POSSIBILITY.

THEIR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT THE APPLICABLE CUSTOMER PAID ROCKTEK FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US $100.

These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not apply to liability that cannot legally be limited, which may include fraud, willful misconduct, or death or personal injury caused by negligence in some jurisdictions.

14. Indemnity

To the extent permitted by law, each Customer will defend, indemnify, and hold harmless RockTek, Headwaters, and their affiliates, officers, employees, licensors, and providers from third-party claims, damages, judgments, costs, and reasonable attorneys’ fees arising from: Customer Data; the Customer’s or its users’ violation of these Terms, law, or another person’s rights; misuse of the Service; or the Customer’s products, facilities, representations, or dealings with mobile users. The indemnified party will provide prompt notice and reasonable cooperation, and the Customer may control the defense subject to the indemnified party’s right to participate and to reject a settlement that admits fault or imposes non-monetary obligations on it.

15. Governing law and disputes

These Terms are governed by Pennsylvania law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute not resolved informally will be brought exclusively in the state or federal courts having jurisdiction over RockTek’s principal office in Pennsylvania, and each party consents to their personal jurisdiction and venue. This paragraph does not prevent either party from seeking injunctive or equitable relief to protect intellectual property, confidential information, security, or data.

Before filing a claim, please send a written description to support@stonedev.us and allow 30 days for a good-faith effort to resolve it. Mandatory consumer rights, if applicable, are not waived.

16. Changes to these Terms

RockTek may update these Terms as the Service, law, or business relationship changes. The effective date above identifies the current version. Material changes will be communicated by a reasonable method, such as an in-product notice, email, or updated effective date. Unless law requires otherwise, changes apply prospectively. Continued use after the effective date of an update constitutes acceptance; if you do not agree, stop using the Service.

17. General terms

Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations. You may not assign these Terms without RockTek’s written consent. RockTek may assign them in connection with an affiliate, financing, merger, reorganization, sale of assets, or transfer of the Service or its license relationship. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. Headings are for convenience only. These Terms and any Customer Agreement are the entire agreement concerning their subject matter and supersede prior statements about that subject matter.

18. Contact

Questions about these Terms or the Service may be sent to RockTek at support@stonedev.us. Privacy questions and requests are described in the Privacy Policy.