Terms of Use

A.  THE WEBSITE
 
 

This website is operated by The Adventure Cowboy, LLC, email address: no_ruby@mail.com. Throughout the site, the terms “TAC”, “we”, “us” and “our” refer to The Adventure Cowboy, LLC. TAC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms of use, terms of service, conditions, policies and notices stated herein.
 
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this use-agreement, you may not access the website or use any services.
 
OVERVIEW
 
The site, www.adventurecowboy.com, also referred to herein as “this website”, “our site”, “the site”, “TAC site”, is an outdoor adventure, western heritage, gun video reviews, affiliate sales site. We present content concerning bow hunting, rifle hunting, mountain camping, western ranch-life, and related subjects. We produce video gun reviews, gear reviews, outdoor recreation tips and tricks. We encourage outdoor experiences for youth.
 
This website is provided “as is” without any representations or warranties, express or implied. TAC does not guarantee the accuracy of the site information. Any reliance on the material on this site is at your own risk. Use of this site constitutes agreement with all our conditions and Terms of Use.
 
Privacy
Use of https://adventurecowboy.com is subject to TAC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
 
Children Under Thirteen
TAC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://adventurecowboy.com only with permission of a parent or guardian
 
Electronic Communications
Visiting https://adventurecowboy.com or sending emails to TAC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 
Using Our Services
By visiting our site, and/ or sending emails, and/ or viewing videos, and/ or purchasing something from TAC, you engage in our “Service” and agree to be bound by the Terms of Use. (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
 
Future Additions or Changes
Any new features or tools which are added to the website, including products or a store, shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes.
 
User Comments, Feedback, and other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
 
2.  SERVICE/LICENSING/PROPRIETARY RIGHTS
 
Refusal of Service
We reserve the right to refuse service to anyone for any reason at any time.
 
License to use website
Any license of use is provided as non-exclusive, non-transferable, revocable license to access and use https://adventurecowboy.com strictly in accordance with these terms of use.
 
Unless otherwise stated, The Adventure Cowboy, LLC, https://adventurecowboy.com, and/or its licensors own the intellectual property rights in the website and material on the website. All Intellectual Property Rights are reserved. Where content is specifically made available for redistribution, it may only be redistributed from https://adventurecowboy.com, TAC social mediums, official TAC sponsors or affiliates expressly identified by TAC website links.
 
Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to TAC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site
 
All content included as part of the Service, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Site, is the property of TAC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TAC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TAC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TAC or our licensors except as expressly authorized by these Terms.
 
International Users
The Service is controlled, operated and administered by TAC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TAC Content accessed through https://adventurecowboy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
 
Other Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability — or difference of opinion (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
 
3. THIRD-PARTY LINKS
 
Content
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
 
Purchases
TAC is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 
Financial Transactions
TAC is not liable for any harm or damages related to use of a payment vehicle (credit card, debit card, Paypal, etc) to purchase from https://adventurecowboy.com. TAC does not store financial account information, and is not responsible for financial account data entered for purchases. Financial account data is encrypted and processed by a third-party pci-compliant payment service. Please review carefully your payment vehicles’ policies and practices and make sure you understand them before you engage in any online transaction. Complaints, claims, concerns, or questions regarding payment security should be directed to your payment provider.
 
4.  DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY
 
This website is provided “as is” without any representations or warranties, express or implied. TAC makes no representations or warranties in relation to this website or the information and materials provided on this website.
 
Without prejudice to the generality of the foregoing paragraph, The Adventure Cowboy LLC does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.
 
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice you should consult an appropriate professional.
 
Limitations of Liability
In no case shall The Adventure Cowboy, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
 
Indemnification
You agree to indemnify, defend and hold harmless The Adventure Cowboy, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorneys fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision shall survive the termination of these Terms of Use.
 
Class Action Waiver
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TAC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
 
5.   SEVERABILITY/ TERMINATION
 
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
 
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
 
6.  ENTIRE AGREEMENT
 
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
 
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
 
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
 
7.   GOVERNING LAW
 
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Montana and you hereby consent to the exclusive jurisdiction and venue of courts in Montana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
 
8.   CONTACT INFORMATION
 
The Adventure Cowboy, LLC welcomes your questions regarding these Terms of Use.
 
Email Address:
no-ruby@mail.com
 
The Adventure Cowboy, LLC is registered with the State of Montana, USA
 
Effective as of October 01, 2018
 


 

SECTION B IS NOT ACTIVE OR IN FORCE UNTIL WE BEGIN TO SELL PRODUCTS 

B.  ONLINE STORE TERMS (when applicable)
 
By agreeing to these Terms of Use, you represent that you are at least 18 years of age. If you are under 18, you may use https://adventurecowboy.com only with permission of a parent or guardian.
 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service violate any laws in your jurisdiction (including but not limited to copyright laws).
 
A breach or violation of any of the Terms will result in an immediate termination of your Services.
 
Prices for our products are subject to change without notice.
 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
 
B 1.   PRODUCTS OR SERVICES
 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
 
B 2.  ACCURACY OF BILLING AND ACCOUNT INFORMATION
 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
 
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. For more detail, please review our Returns Policy.
 
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
 
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.