TERMS OF SERVICE
RIVERS EDGE OUTDOORS LLC – TERMS OF SERVICE
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Acceptance of Terms
In consideration of the Rivers Edge Outdoors LLC and their respective affiliates and subsidiaries (collectively, “We,” “Us,” “Our,” “Rivers Edge Outdoors LLC”) providing You limited rights of use and access to the Internet website or online service where this Website User Agreement is posted (“Site”) and any of the products or services available on the Site (the “Services”), You agree to the following terms and conditions of Rivers Edge Outdoors LLC Website User Agreement (this “Agreement”). This Agreement is in addition to, and does not nullify, any other agreement between You and Us or any other applicable terms and conditions found on the Site. You agree to comply with all rules or restrictions that are posted on the Site.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, PLEASE DO NOT USE THE SITE.
YOU MAY ALSO AGREE TO THIS AGREEMENT ELECTRONICALLY, WHICH MAY INCLUDE, WITHOUT LIMITATION, CLICKING ON AN “AGREE” OR SIMILAR BUTTON OR CHECKING A BOX THAT IS NEXT TO OR NEAR A LINK TO THIS AGREEMENT.
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Privacy Policy
In addition to reviewing this Agreement, You should also read Our Privacy Policy to better comprehend how We collect and use Your personal information. Your use of the Site and its Services constitutes Your agreement to Our Privacy Policy.
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Suspension or Termination of Your Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of Your access to the Site and its Services, without notice.
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Ownership of the Site and Site Information; Intellectual Property Rights
The Site is expressly owned and operated by Rivers Edge Outdoors LLC. Unless otherwise noted, the design and content features on the Site, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by Rivers Edge Outdoors LLC or its affiliates or are licensed from third-party service providers by Rivers Edge Outdoors LLC. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable terms and conditions to which You agree, no portion of the Site or Site Information may be reprinted, republished, modified, or distributed in any form without Our express written permission. 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 or any of the Site Information.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Site Information and You must retain all copyright, trademark, service mark and other proprietary notices contained on the Site or in the original Site Information on any authorized copy You make of the Site or the Site Information.
You agree not to sell or modify the Site or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits Us or Our licensors, that dilutes the strength of Our property or Our licensor’s property, or that otherwise infringes on Our or Our licensor’s intellectual property rights. You further agree to in no other way misuse the Site or the Site Information.
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Site Information is Provided As Is; Use of Site
The Site and the Site Information are provided “as is” with all faults. You use the Site and the Site Information, as authorized herein, at Your own risk. The Site or Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site or Site Information may change, delete or be updated at any time and without prior notice. You understand that We cannot and do not guarantee or warrant that files, if any, available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”).
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Eligibility to Use the Site and the Services
The Site and the Services are not intended for users under the age of 18. To register for any Services offered on Site, You must be 18 years of age or older. If You are a minor under the age of 18, You may only use Site in conjunction with Your parents or guardians. Rivers Edge Outdoors LLC does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to us. If a child under 13 submits information through any part of the Site, and We become aware that the person submitting the information is a child, We will attempt to delete this information as soon as possible.
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Accurate Information; Registration and Passwords
In consideration of Your use of the Site, You agree to: (a) provide true, accurate, and current and complete information as prompted on the Site; and (b) maintain and update such information to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We may suspend or terminate Your use of the Services and/or the Site and/or decline to permit Your continued use of the Site and/or the Services and future access to the Site.
You may need a username and password to use certain features of the Site. By selecting a username, You agree that You will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that We, in Our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of Your password and account, and are responsible for all activities (whether by You or by others) that occur under Your password or account. You will notify Us immediately of any unauthorized use of Your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of Your password or account by a third party.
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Acceptable and Lawful Use of Site/Discussion Forums and Other Interactive Features
You may have the opportunity to post, stream, transmit or otherwise provide ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other (including information on bulletin boards, chat rooms or other forums on the Site (collectively “User Generated Content”).
Any personal information, computer information, User Generated Content or other information that You provide to Us in connection with the use of the Site: (a) shall not be obscene or indecent; (b) shall not contain any Hazards; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; and (e) shall not create any liability for Us or cause Us to lose (in whole or in part) the services of Our Internet Service Provider(s) or other suppliers. You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site.
This Site may include interactive features, including, but not limited to, the Discussion Forums, web logs, email services, video, and areas that allow for uploading of User Generated Content (the “Interactive Features”). You are responsible for any material or User Generated Content that You post on the Discussion Forums or provide through any other Interactive Features on the Site. We do not control the messages, information or files that You or others may provide through the Site. When using the Interactive Features, You must not:
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Engage in any conduct that, in Our sole judgment, restricts or inhibits any other user from using or enjoying the Site;
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Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
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Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks We use to provide the Site;
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Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or any other illicit conduct;
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Obtain or attempt to obtain any materials or information not intentionally made available through this Site;
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Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
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Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without Our written consent;
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Gather for marketing purposes any email addresses or other personal information that has been posted by other users.
We shall have the right, but no obligation, to monitor the content of the Discussion Forums or other Interactive Features to determine compliance with this Agreement and any other operating rules We establish. We shall have the right in Our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Discussion Forums or other Interactive Features of the Site. Notwithstanding this right, You shall remain solely responsible for the content of Your messages and any User Generated Content. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Discussion Forums or other Interactive Features of the Site, whether it is provided by Us, Our employees, or a third party.
Under no circumstances will We be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the Discussion Forums or other Interactive Features of the Site. We are not responsible for any offensive, defamatory, obscene or any other posting made on the Discussion Forums or other Interactive Features of the Site. We reserve the right at all times to disclose any information We believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Our sole discretion are inappropriate, objectionable or in violation of this Agreement. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates this Agreement or who, in Our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others. Neither We nor any third-party content provider shall assume or have any liability for any action or inaction by Us or any third-party content provider with respect to any conduct, communication or posting on the Discussion Forums or other Interactive Features of the Site.
Any user who feels that a posted message is objectionable is encouraged to contact Us immediately by email to [email protected]. We have the ability to remove objectionable messages and We will make every effort to do so, within a reasonable time frame, if We determine that removal is necessary. This is a manual process, however, so please realize that We may not be able to remove or edit particular messages immediately.
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Indemnification
You agree to indemnify, defend and hold Us and Our affiliates, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from (i) Your use, misuse or abuse of the Site or the Site Information, or (ii) Your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Our defense of any claim. We reserve the right, at Our 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 Our written consent.
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Disclaimer of Warranty and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RIVERS EDGE OUTDOORS LLC, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. RIVERS EDGE OUTDOORS LLC , ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE.
RIVERS EDGE OUTDOORS LLC, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD-PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE RIVERS EDGE OUTDOORS LLC, ITS AFFILIATES, ITS SUBSIDIARIES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
YOU UNDERSTAND AND AGREE THAT THE LOCAL AUTHORITY HAVING JURISDICTION HAS THE FINAL DECISION ON ALL CODE RELATED ISSUES IN THEIR MUNICIPALITY.
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TERMS, WAIVER AND RULES CONTINUED
ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK:I understand the use of the area involves the danger of encountering both known and unknown hazards and risk which could result in injury, paralysis, death, illness and disease, physical or mental damage to myself, to my property, or to spectators or other third-parties. I hereby accept and assume all risk and dangers and all responsibility for any and all losses and / or damages, whether caused in whole or in part by the negligence of Rivers Edge Outdoors LLC, or the Landowners.
WAIVER AND RELEASE OF LIABILITY: By registering online and processing membership payment electronically, I acknowledge that I am aware of the dangers, and even so, I do hereby, on behalf of myself, my personal representatives and my heirs, voluntarily agree to RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY Rivers Edge Outdoors, LLC and the Landowner’s from any and all claims, actions of losses for bodily injury, property, wrongful death, loss of services otherwise which may arise out of my use of the land or my participation in any activities thereon. I specifically understand that I am releasing, discharging, and waiving any claims or actions (right to lawsuit) that I may have presently or in the future for the negligent acts or other conduct by Rivers Edge Outdoors, LLC and the Landowner’s. This document shall be binding on myself, my heirs, executors, administrators and assigns.
INDEMNIFICATION AGREEMENT:For and in consideration of being permitted by Rivers Edge Outdoors, LLC or the Landowner’s to use the area, I agree to this WAIVER, RELEASE, AND INDEMNIFICATION; the undersigned joins in this WAIVER AND RELEASE and stipulates and agrees to SAVE AND HOLD HARMLESS, INDEMNIFY, AND FOREVER DEFEND RIVERS EDGE OUTDOORS, LLC and the LANDOWNERS from and against any and all claims, actions, demands, expenses, liabilities (including attorney’s fees) and NEGLIGENCE made or brought by the undersigned or by anyone on behalf of the undersigned, as a result of the undersigned’s use of the land
RELEASE:In consideration of the services and/or property provided, I, for myself and any minor children for which I am the parent, legal guardian, or otherwise responsible, any heirs, personal representatives, or assigns do hereby release Rivers Edge Outdoors, LLC and the landowner’s Launa H Lilly, Charles and Diane Tuck, Lewis M. Turner and any Sponsors from any liability and waive any claim from damages arising from any cause whatsoever.
SURVIVABILITY:If any portion of this contract for use, release of liability and waiver is held invalid, it is agreed that the remainder shall not withstanding, continue in full legal force and effect. By signing this form, I have agreed to Rivers Edge Outdoors, LLC and the Landowners, and Sponsors Risk, Responsibility and Liability Policy and have read the entire document, understand it completely and agree to be bound to its terms. I have read, understand, and agree to abide by the rules and regulations of Rivers Edge Outdoors, LLC.
RULES AND REGULATIONS:
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All riders must comply with the rules and regulations. Knowingly breaking the rules will result in a non-refundable escort from the property.
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We need to know who is on the property at all times. All riders must sign in before unloading. If you are riding without signing the waiver, you are TRESPASSING and will be prosecuted. (This is an insurance requirement.)
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Do not ride alone. Riders must use a buddy system.
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All riders MUST stop when signaled to do so by Rivers Edge STAFF.
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Absolutely no alcoholic beverages.
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No cursing or obscene language.
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No horse playing. Ride safely. Be respectful of others. Help others in need.
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You WILL be held responsible for any injuries or damages caused by you or your machine.
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Riding gear must be worn at all times: helmet, eye protection and over the ankle boots are REQUIRED. Chest protector, gloves, long sleeve shirt and riding pants are suggested.
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Follow ALL posted speeds. Riding in the pit area or access roads maximum speed fifteen (15) mph.
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HELMET MUST BE WORN AT ALL TIMES!!!!
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Do not ride beyond your abilities.
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Trails are one-way traffic unless marked otherwise.
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Do not stop in a curve or block the trail.
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Stay on marked trails. Trails that are marked “closed”; trails that aren’t marked or trails that are under construction are NOT rider ready. Riding on them will be considered trespassing.
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Observe all safety and caution signs, barricades, etc.
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Do not ride on closed trails. Trails may be closed for any reason including maintenance.
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Cross creeks at designated crossings only. No riding through creek beds.
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No three wheelers.
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No ATV’s
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Riders must keep ALL GATES CLOSED.
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No two up riding. (NO DOUBLING)
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Do not spin up the parking area.
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Parents must supervise small children (under 12 years old) at all times.
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Children under 18 must be with parents or legal guardian.
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Camping in designated areas only. When camping you must email Lewis with your plans. We need to know who is on the property at all times.
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If camping; no riding after dark unless approved as a special event.
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Fishing in the river at Own Risk. Must have a state fishing license and abide by state laws and regulations.
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No littering. Carry out what you bring in. Please be sure to remove trash from the premises upon your departure.
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Riding on this property is a privilege. Please be respectful of the land and the landowner by staying in the areas designated for off-road recreation. All buildings, structures, hunting tree stands and machinery are OFF LIMITS and considered PRIVATE property. Anyone caught in the restricted areas will be escorted off the property and have their riding privileges revoked.
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Rules subject to change without notice.
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THE RULES WILL BE STRICTLY ENFORCED.
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The Security of the Site
We maintain commercially reasonable physical, electronic, and procedural safeguards and personnel policies that are designed to guard the Site, Our systems and Our customers’ personal information. For example, for the security of Your online visit to the Site, We may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while We strive to protect Your personal information, We cannot ensure or warrant the security of any Content You transmit to Us, and You do so at Your own risk. In the event of a breach of the confidentiality or security of Your personal information, We will notify You as necessary so You can take appropriate protective steps. Unless You indicate otherwise, We may notify You under such circumstances using the email address You provided to Us when You registered with the Site.
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Electronic Communications
When You visit the Site or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
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Jurisdiction and Governing Law
We make no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, Services and products offered through Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of Virginia and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Virginia, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
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Site is for Use in the United States
The Site is hosted in the United States and is intended for users located in the United States. If You are a non-U.S. user of Site, by visiting the Site, using the Services and/or providing Us with any personal, anonymous browsing or non-personal information, User Generated Content, or any other Content, You agree to comply with all federal and state U.S. laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which You reside.
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Severability
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.
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Headings
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
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No Waiver
Any delay or failure by You or Us, at any time or times, to require performance of any provision of this Agreement shall in no manner affect Your or Our right at a later time to enforce such provision. No delay or failure of You or Us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
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Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Us and You pertaining to the subject matter hereof. In Our sole discretion, We may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. The date of the most recent revision will appear at the top of this page. If We have an email contact for You and the changes to the Agreement are material, We may notify You of such changes by sending You an email to the address You have provided to Us. We encourage You to review this Agreement periodically for any updates or changes. Any amended or modified terms will be effective upon posting or at the time set forth in an email notice to You. Continued use of the Site constitutes acceptance of any modified terms and conditions.
Rivers Edge Outdoors LLC also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified clearly and conspicuously. Your continued use of the Site constitutes Your agreement to comply with these additional rules.
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Assignment
You may not assign Your rights or delegate Your responsibilities hereunder without Our express written permission. We may, at any time, assign Our rights or delegate Our obligations hereunder without notice to You.
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Third Party Beneficiary Rights