1. Acceptance of TermsRugged Gear provides its service to you, subject to the following Terms and Conditions of Use ( the "Terms"). These Terms, and the site at RuggedGear.com may be updated by us from time to time without notice to you. Your use of RuggedGear.com constitutes your agreement to all such terms, conditions, policies, and notices (the "Agreement"). If you do not agree, you may not use RuggedGear.com
2. Description of Service
Rugged Gear provides users with access to a rich collection of resources,
merchandise, products and services through RuggedGear.com (the "Service").
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new features or
products, shall be subject to the Terms. You understand and agree that
the Service is provided "AS-IS" and that Rugged Gear assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Modifications to Service
Rugged Gear reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Rugged Gear shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Rugged Gear may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Rugged Gear properties after the notice is posted, you are indicating your acceptance of those changes.
4. Sponsors, Third Parties, and AdvertisersYour correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Rugged Gear shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
5. LinksRugged Gear may provide, or third parties may provide, links to other websites or resources. Because Rugged Gear has no control over such sites and resources, you acknowledge and agree that Rugged Gear is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rugged Gear 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 the use of or reliance on any such content, goods or services available on or through any such site or resource.
6. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Rugged Gear EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Rugged Gear MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Rugged Gear OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e. THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY Rugged Gear OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Rugged Gear AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, MERCHANDISE,
PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL Rugged Gear OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES
PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Rugged Gear HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
8. Exclusions and
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7
MAY NOT APPLY TO YOU.
9. Intellectual Property Information
All materials on this site ("Online Materials"), including, without
limitation, names, logos, trademarks, service marks, images, articles,
columns, graphics, photographs, illustrations, artwork, audio clips,
video clips, software, and other elements making up the Service are
protected by copyrights and other intellectual property rights owned and
controlled by Rugged Gear or by other parties that have licensed
their material to Rugged Gear You may copy and print hard copies of
portions of RuggedGear.com for the sole purpose of using RuggedGear.com as an
information source (a shopping, for example). Except as specifically
provided herein, no Online Materials may be copied, reproduced,
republished, downloaded, posted, transmitted, or distributed in any way,
or otherwise used for any purpose, without the prior written permission
of Rugged Gear or the respective owners. You may not add, delete,
distort, or otherwise, modify the content on this site. Any unauthorized
attempt to modify any Online Material, to defeat security features, or
to utilize this site for other than its intended purposes is strictly
RuggedGear.com logos and product and service names are trademarks of Rugged Gear All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Rugged Gear provides information and that references to other names and trademarks are necessary for the course of providing news and commentary about the subjects that this site covers. Rugged Gear will enforce its intellectual property rights to the fullest extent of the law. If you suspect that any Rugged Gear content or trademarks are being misused please contact us.
10. Non-waiverThe failure of Rugged Gear to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. Headings for Convenience OnlyThe section titles in the Terms are for convenience only and have no legal or contractual effect.
12. ViolationsPlease report any violations of the Terms to our Customer Service Department.
13. IndemnificationYou agree to indemnify, defend and hold Rugged Gear harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
14. Letters or Other Such Comments or MaterialsAny comments, materials, or letters sent by you to Rugged Gear regarding its sites, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") may be deemed by Rugged Gear to be non-confidential and free of any claims of proprietary or personal rights. Rugged Gear shall have no obligation of any kind with respect to such Received Materials and Rugged Gear will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Rugged Gear is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Rugged Gear for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
15. PrivacyYou can read the privacy statement for RuggedGear.com here.
16. Restrictions on Use
You may not use Rugged Gear sites or their content for any illegal
purpose or in any manner inconsistent with these Terms. You agree to use Rugged Gear sites solely for your own non-commercial use and
benefit and not for resale or other transfer or disposition to any other
person or entity.
17. SeverabilityIf any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
18. Entire Agreement
This Agreement and any other terms and conditions of service on any Rugged Gear property constitute the entire agreement between you
and Rugged Gear and govern your use of the Service.
19. Refusal or Discontinuance of ServiceRugged Gear reserves the right to refuse or discontinue service to any user for non-compliance with these Terms.
20. Choice of Law and Forum
This Agreement will be governed by the laws of the State of South Dakota.
Any dispute arising from the terms of this agreement or breach of this
agreement will be governed by the laws of the State of South Dakota and
you agree to personal jurisdiction by the state and federal courts for
Elk Point, South Dakota. The parties hereby expressly waive trial by jury
in any action, proceeding or counterclaim brought by either of the parties
against the other on any matters whatsoever arising out of or in any way
connected with these Terms and agree to submit to binding arbitration.
Feel free to contact us!
We're glad you are here and hope you enjoy your shopping experience at
RuggedGear.com. If you have any questions or comments, do not hesitate to
shoot us an email.
We want your business for life and have a 30-day return guarantee to back it up.