TERMS AND CONDITIONS
WEBSITE USER AGREEMENT
1. Acceptance of Terms
Just Roughin' It Adventure Company (“JRI” or “we”, “us”, “our”) provides access to the Just Roughin’ It website, located at www.justroughinit.com (the “Site”) but insists that your use of the Site is subject to your acceptance of this Website User Agreement (“Agreement”)
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provisions as noted. In the event of a conflict between any other agreements, rules, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact Just Roughin' It Adventure Company by Email before using the Site.
2. Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a “User” under this Agreement.
4. Use of the Site
You understand that JRI exudes awesomeness, but is not perfect. Therefore, we cannot and do not guarantee that the Site will be free of infection from viruses or other nasty computer stuff that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Sorry for the big words. You are responsible for implementing sufficient procedures, safeguards and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
5. Risk: Internet Use
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE THAT THERE ARE MEAN AND UGLY PEOPLE ON THE INTERNET AND IN THE WORLD AND THEREFORE ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR ALL THE RISK ASSOCIATED WITH YOUR USE OF THE SITE.
6. No Warranties
DUE TO THAT WE UNFORTUNATELY CAN’T CONTROL, JRI DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WIL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
JRI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET IN GENERAL.
7. System Outages
Unplanned system outages may occur. While that is a total bummer, JRI, shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet and network external to the Site.
You agree to indemnify, defend and hold JRI and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including actual attorney’s fees) resulting from (i) your use, misuse or abuse of the Site (ii) your use of products or services provided through the Site, (iii) your use or misuse of any information provided on the site, or (iv) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in the JRI defense of any claim. JRI reserves the right, at it’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of JRI.
9. Intellectual Property
The contents of the Site, such as texts, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of JRI and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other property rights. These rights are not protected in all forms, media and technologies existing now or hereinafter developed. You my print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. Except as set forth herein, no portion of the Content may be reprinted, republished, modified, or distributed, in any form without the express written consent of JRI.
You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site of the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by JRI.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of JRI or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any JRI copyright.
10. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
JRI’s policy regarding copyright infringement and JRI’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 USC, 512) is incorporated herein and follows below:
JRI respects the intellectual property rights of others and requires those that visit our website to do the same. JRI may, in appropriate circumstances and at its own discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. JRI also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors or our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals’ rights to use our website and/or network.
If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify JRI’s copyright agent by submitting a DMCA takedown notice. The DMCA takedown notice should include, at a minimum, the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner; the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
JRI’s copyright agent for notice of claims of copyright infringement on this website is Debbie Hendricks who can be reached as follows:
Mail: 2040 S. Alma School Rd., Ste 1-424 Chandler, AZ 85286
Phone: (480) 857-2477
Fax: (480) 857-2703
Email: [email protected]
11. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOVLED IN CREATING, PRODUCING, OR DISTRIBUTING CONTENT AND THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATE; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF JRI OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATERIAL RELATING TO THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL JRI’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO JRI FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF JRI, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICES, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
12. No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. JRI has not reviewed the content of all of these other sites, has no responsibility for the content of such other sites, and shall not be liable for any damages or injury arising from any such content. JRI does not endorse or make any representations regarding these sites, or any information or other products of materials found there, or any results that may be obtained from using them. If you decide to access any of these sites linked to or from this Site, you do so entirely at your own risk.
13. International Users
JRI makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Please see more important information about international Ordering.
14. User Feedback and Reviews
15. Acceptable and Lawful Use of the Site
Since we are nice, we expect that you will be nice to us back. It’s nice to be nice to the nice.Therefore, any information provided to JRI in connection with the use of the Site: (a) shall not be false, inaccurate, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other nasty and mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for JRI or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operations of the Site, including but not limited to unsolicited e-mail (i.e. “spam”). Spam is not cool.
16. Miscellaneous Stuff: Severability; No Waiver; Assignment; Third Party Beneficiary Rights; and Entire Agreement.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure of JRI, at any time or times, to require performance of any provision hereof shall in no manner affect JRI’s right at a later time to enforce such provision. No delay or failure by JRI in exercising any right hereunder shall constitute a waiver of such rights or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of JRI. JRI may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between JRI and you pertaining to the subject matter hereof.
17. Updates and Modifications
In its sole discretion, JRI may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting this amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. JRI reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, email us.
JRI may immediately issue a warning, suspend, or terminate your access to the Site for any breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our sole discretion. You may terminate your account by email at [email protected]com or by calling 480.857.2477.
Amended: May 29, 2014