Terms of Use

Last Revised: February 19, 2020

GENERAL

These Terms of Use govern access to, and use of, the website of Rugged Horizon Enterprises, LLC (“we,” “us,” and “our”). These Terms of Use constitute a legal agreement between you (referred to herein as “you,” “your,” or “user,”) and us. As a condition of using the website, you agree to be legally bound by all the terms and conditions contained herein. Please read these terms carefully. We are willing to allow you access to and use of the website, and to provide related information, services, functionality, and materials, only on the condition that you accept and agree to all of the terms contained in these Terms of Use. If you do not agree with these Terms of Use, you are not granted permission to access or use this website and you are instructed to exit the site immediately.

Please note that we reserve the right to change the terms and conditions stated herein by posting revised Terms of Use on our website. Your continued use of the website following any change will be deemed acceptance of any change to the terms and conditions of these Terms of Use. Accordingly, please review these Terms of Use on a periodic basis.

ELIGIBILITY

By using this website, you represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the website with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms of Use. Certain parts of this website, or the provision of our services to you, may be subject in whole or in part to increased age and/or other eligibility requirements.

COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY RIGHTS

Except as otherwise expressly noted on this website, all images, illustrations, designs, graphics, downloadable documents, forms, icons, photographs, text, audio and video clips, and other materials that appear on the website, as well as the selection, arrangement, and organization of the foregoing and the site as a whole (collectively, the “Content”) are subject to copyright, trademark, service mark, and/or other intellectual property rights or licenses, and rights of publicity and privacy, as well as all worldwide rights, titles, and interests in and to which are owned by or licensed to us. Certain trade names and service marks on the website are our registered or unregistered service marks and trade names and may not be used without our express permission. Other trademarks, service marks, trade names, and products contained on the website are the registered or unregistered property of their respective owners.

You may not reproduce (except as described below), create derivative works from, sell, replicate, distribute in any way, or display any Content without our prior written permission. The Content of this website, and the website as a whole, is intended solely for personal, non-commercial use by you and any other users of this website. You may download a copy of any materials found in the Content of this website for your personal, non-commercial use only. Your download of such Content is not a transfer of title to any Content and your use of such material is subject to the following restrictions. You may not:

  • Modify or create any derivative work based on the Content;

  • Use the Content, in whole or in part, for any commercial purpose or public display, performance, sale, or other commercial exploitation;

  • Remove or alter any trademark, copyright, or other proprietary notices on the Content;

  • Reproduce the Content or the website, in whole or in part, except as necessary and incidental to downloading a copy of the Content for your personal, non-commercial use only, as expressly provided herein.

To the extent this website references service marks, trademarks, trade names, products, services, company names, or websites of third parties, such information is provided for your convenience and does not in any way constitute or imply our recommendation of that third party or its products or services.

SUBMISSIONS

Other than information subject to our Privacy Policy, all comments, feedback, suggestions, ideas, and original materials (including stories, writings, art, photographs, products, and marketing ideas), and any other submissions disclosed, submitted, or provided to us on or through the website or otherwise disclosed, submitted, or provided by you to us (collectively referred to as “Submissions”) shall be and shall remain our property. The disclosure, submission, or provision of any Submissions and your agreement to these Terms of Use shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual property in any Submission. By taking such action, we will own all such rights, titles, and interests, and shall have the right to use, reproduce, creative derivative works from, disclose, publish, distribute, display, and publicly perform any Submissions. We shall be under no obligation to maintain any Submissions in confidence, and shall not be obligated to pay any compensation or royalties for any Submissions, or provide attribution for any Submissions. We also shall have no obligation to use, return, or review any Submissions.

By making a Submission, you agree that no Submission to us via the website or any other form will violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right(s).

COMPLIANCE WITH LAW

By using this website and making any Submission, you agree not to engage in any unlawful, abusive, immoral, or obscene conduct. You will not encourage conduct that would be considered, or is, criminal. You are solely responsible for your use of this website and the content of any Submissions, and we reserve the right to take action if we reasonably deem it necessary to cure or prevent a violation of the Terms of Use, including removing from this website any materials, comments, feedback, or Submissions by you.

ADDITIONAL TERMS AND CONDITIONS

Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products and services. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between these Terms of Use and other notices, terms, and conditions posted on this website or in any agreement between us and you, Rugged Horizon Enterprises, LLC shall resolve any conflict in good faith in its sole discretion, but in general the specific terms of any other notices, terms, and conditions posted on this website or any agreement between us and you will control. For example, if you enter into a venue rental agreement or a rental item agreement with us, the terms and conditions stated in that document will control.

DISCLAIMER AND LIMITATION OF LIABILITY

This website, its Content, and any information available on or through the website are provided “as is” and “as available” and without any representations or warranties of any kind, either express or implied, to the fullest extent permitted by law. We reserve the right to change the information published on this website at any time and without notice, and disclaim all responsibility for these changes. We may discontinue this website and its Content at any time and for any reason, without notice. We may change the contents, operation, and any and all features of the website and its Content at any time for any reason, without notice. We may discontinue or restrict your use of the website and its Content at any time for any reason, without notice. You expressly agree that your use of the website and the Content is at your sole risk.

We do not represent or warrant that your use of the site, or the operation or function of the site, or any content thereof, or any services offered in connection with it, will be uninterrupted or error free; that defects with it will be corrected; or that the site or its server are free of viruses or other harmful elements. Certain information on the website may be updated or provided by a source other than us and we do not assume any liability or responsibility for the accuracy of such information.

To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from the use of this website and its Content, including, but not limited to, direct, indirect, incidental, exemplary, punitive, special, and consequential damages or any damages of any type arising out of your access, use, misuse, or inability to use this website or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to us through this website or via other electronic means; in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or system failure; or with respect to any claim or damage arising from a cause beyond our control whether in an act under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages.

APPLICABLE LAW

These Terms of Use, your rights and obligations, and our rights and obligations, and all actions contemplated by these Terms of Use will be governed by Montana law, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within Montana. Any dispute relating in any way to your visit to this website shall be submitted to courts serving Montana’s 20th Judicial District (Lake County).

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Rugged Horizon Enterprises, LLC and its affiliates, successors, and assigns, and its directors, officers, employees, and agents from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by us arising out of or relating to your use of the website.

TERM AND TERMINATION

These Terms of Use will take effect at the moment you begin accessing or using the website. We reserve the right not to provide the website or its Content to any user. We also reserve the right to terminate any user’s right to access the website or its Content at any time, in our discretion. You may terminate the agreement created by these Terms of Use at any time by ceasing to use the website and its Content, but all applicable provisions of these Terms of Use will survive termination and each re-access or use of the website and its Content will reapply these Terms of Use (as in effect at the time) to you.

MISCELLANEOUS

The failure of Rugged Horizon Enterprises, LLC to enforce any provisions in these Terms of Use or to respond to a breach by you or other parties shall not in any way waive our rights to enforce any terms or conditions of these Terms of Use or to act with respect to similar breaches.

If any provision in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid, unenforceable provision will be deemed superseded by a valid, enforceable provision that matches most closely with the intent of the original provision.

These Terms of Use constitute the entire and final Terms of Use regarding the website and its Content, and supersedes any prior or contemporaneous communications between Rugged Horizon Enterprises, LLC and you regarding the website and its Contents.

All rights not expressly granted herein are reserved.