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TERMS OF USE

This Terms of Use Agreement (the “Agreement”), effective as of December 4, 2015 states the terms and conditions that govern the contractual agreement between Adventure Mate, (the “Company”) and you (the “User”) who agrees to be bound by this Agreement in regard to the User’s access to www.adventuremate.com (the “Site”), which is owned and operated by the Company.

1. THE ADVENTURE MATE SERVICE

Through the Site, the Company offers its Users a venue through which it may purchase certain products (the “Service”). The User hereby acknowledges and agrees that the Service and all content thereto are exclusive property of the Company and the Company may offer access to the Service in any way it sees fit. By logging onto the Site and/or using the Service, the User agrees to these Terms of Use and associated Privacy Policy located elsewhere on the Site.

2. USE OF ADVENTURE MATE PRODUCTS

You hereby agree and acknowledge that you will use all of the Company’s products in a manner that is in compliance with all laws in the jurisdiction in which you reside. Please see the Indemnification and Release of Liabilities Sections for more information.

3. ELIGIBILITY/GENERAL RESTRICTIONS

The User’s limited license to access and make personal use of the Site is contingent on the following:

3.1. The User must be at least 18 years of age;

3.2. The User shall not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. The User will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Site;

3.3. The User shall not use any of the Services or any of the Company’s products for any unlawful or harmful purposes; and

3.4. Any unauthorized use automatically terminates the permission or license granted by the Company.

4. MODIFICATION

The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Site will display such changes, which will be the User’s only notification of any such change.  Any use of the Site or the Service by the User after such notification shall constitute the User’s acceptance of the modified or amended terms. No modification to this Agreement made by the User shall be binding upon the Company.

5. TRANSACTIONS MADE THROUGH THE SITE

The Company may, in its sole discretion, refuse to fill any order or place any limitations (e.g., quantities) on any purchase as it deems necessary. The User agrees to provide current, complete, and accurate purchase and account information for all purchases made on the Site. In the event any personal information changes that has been provided to the Company through the Site, the User shall promptly notify the Company of such changes. All sales are final, no refunds are granted by the Company. Please refer to the Company’s Returns Policy here.

6. INTELLECTUAL PROPERTY

“Adventure Mate” is a registered trademark of the Company in Australia and the United States. Additionally, the Site may contain or reference additional trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to the Company or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon the User. Include patent pending clause.

7. DMCA PROCEDURE FOR ALLEGEDLY INFRINGING CONTENT

To notify the Company of any copyright-infringing content, please contact us at info@adventuremate.com with the following information in accordance with the Digital Millennium Copyright Act:

– Identification of the allegedly copyright-infringing material

– Identifying of the allegedly infringed-upon work and the copyright-holder of said work

– Information reasonably sufficient for Company to contact you

– A statement that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law

– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. LIMITED LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BELIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE COMPANY’S PRODUCTS, ANY SERVICE OFFERED BY THE COMPANY, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S  USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS PURCHASED ON THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; AND (C) ANY VIOLATION OF THE LAW USING THE COMPANY’S PRODUCTS PURCHASED ON THE SITE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.

9. DISCLAIMER OF WARRANTIES

THIS SITE, THE SERVICES, AND ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. [ the product has a 1 year warranty – lawyer to advise how to word) USE OF THIS SITE, ANY SERVICE, OR ANY PRODUCT OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT; (B) THAT THE SITE, THE SERVICE, OR ANY PRODUCTS WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS SITE, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

10. INDEMNIFICATION

The User agrees to indemnify, hold harmless and defend the Company, along with its directors, employees, owners, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the User; (ii) the User’s use of the Site, the Content, or any Service offered by the Company; (iii) any unacceptable, unlawful, or objectionable use of the Site, any Service, or any product offered to the User by the Company; or (iv) any negligent or willful misconduct by the User using the Company’s products or the Service; or (v) violation of any third party’s rights (including intellectual property rights) through the User’s use of the Site or the Service.

11. THIRD PARTY LINKS

There are links on the Application that lead to third party websites, including those of advertisers. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE WEBSITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES.

12. COMMUNICATIONS

The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). [Is this contradictory to our Privacy Policy? Does this mean we can publicly share comments from customer emails e.g. as testimonials in our marketing materials without their permission? ] The User shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

13. ERRORS AND OMISSIONS

The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor any order affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

14. PRODUCTS AND SERVICES. The Site may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be available in the User’s location. Furthermore, the Company may alter what Content is available to Users at any time in its sole discretion, including (but not limited to) removing certain Content from access at any time.

15. INTERNATIONAL USE

The Company does not represent that all content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and the Company is not responsible for such Users’ compliance with local laws or other applicable laws. The User shall not access the foregoing where prohibited by law. Furthermore, we are unable to provide refunds if the package you order is seized by customs or other agencies. Please consult your local and state laws before ordering if you are in doubt. [Shirley to Verify with lawyer]

16. NOTICE TO USERS IN CALIFORNIA

Under California Civil Code Section 1789.3, users of the Service from California are entitled to notice of the contact information for The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs: It may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. FORCE MAJEURE

In the event that the Company is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the Company or other causes beyond the Company’s reasonable control (a “Force Majeure Event”) the Company shall immediately give notice to the User and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended.

18. VENUE; ARBITRATION

This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The User irrevocably submits to the exclusive jurisdiction of the federal and state courts located in San Diego County, California. Except for a misuse or infringement of the Company’s intellectual property, any and all disputes, controversies and claims arising out of or relating to this Agreement, or concerning the respective rights or obligations of the Parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The Parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to any party in such arbitration.

19. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

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® Adventure Mate is a registered trademark in Australia and the USA
© 2015 Adventure Mate INC. All Rights Reserved. Patent Pending.