THE TERMS AND CONDITIONS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

Ruck & River expressly reserves the right to revise and/or update these Terms and Conditions of use at any time. By agreeing to these Terms and Conditions of use, you are responsible for reviewing the Terms and Conditions each time you use the website and understand and agree that any use of the Ruck & River website constitutes an acceptance of any changes to the Terms and Conditions of Use, as well as the Privacy Policy.

These Terms of Use are subject to occasional revision, and if we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any). We will notify you of any changes to our Terms of Use by posting the new Terms of Use here: Terms and Conditions You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will constitute effective notice of the changes described in the notice. Any changes to these Terms of Use will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable). These changes will be effective immediately for new users of the Services. Continued use of the Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. PLEASE REGULARLY CHECK Terms and Conditions TO VIEW THE THEN-CURRENT TERMS OF USE.

PRIVACY

We respect your privacy is important. Thus, we have created a Privacy Policy here that describes our practices with regard to collection, use, and disclosure of any personal information you provide to us. Please review our Privacy Policy to learn more about how we collect, use and disclose the information you provide to us or we otherwise learn about you through use of the Services, including how we market our services.

WEBSITE USE NOT FOR INDIVIDUALS UNDER THE AGE OF 18

The Ruck & River website is available to registered and unregistered users who are 18 years of age and older and who have not been suspended or removed by Ruck & River for any reason. Ruck & River reserves the right to revoke the ability to access the products and services offered on the website for any reason at any time, including as a result of a violation of the Terms and Conditions of Use or the Privacy Policy, without notice. Use of the website is void where prohibited by law.

GENERAL RULES OF USER CONDUCT

You agree not to use (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempt to interfere with the proper functioning Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

DISCLAIMER – NO PROFESSIONAL ADVICE

Any information provided by Ruck & River regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the website. Use of the website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Ruck & River, its affiliates, and respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs, and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the website, your violation of these Terms and Conditions or the Privacy Policy, content posted to the website by you, or your violation of any law or the rights of a third party.

RELEASE

You hereby release Ruck & River, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Services; or (ii) your purchase of any Products. You hereby waive California Civil Code Section 1542, which states: “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” and you waive any other similar provision of the laws of any other applicable jurisdiction.

RISK OF LOSS

Any merchandise purchased from Ruck & River will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

SEVERABILITY

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

WAIVER; REMEDIES

The failure of Ruck & River to partially or fully exercise any rights or the waiver of Ruck & River of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Ruck & River or be deemed a waiver by Ruck & River of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Ruck & River under these Terms and any other applicable agreement between you and Ruck & River shall be cumulative, and the exercise of any such right or remedy shall not limit Ruck & River right to exercise any other right or remedy.

GOVERNING LAW

The laws of the State of Georgia shall govern these Terms without regard to conflict of laws provisions.

DISPUTES

Any dispute relating in any way to your access or use of the Ruck & River website, to the products you purchase through the website, or to you relationship to Ruck & River shall be submitted to confidential arbitration in Georgia; provided, however, that to the extent you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Georgia. Arbitration under these Terms and Conditions will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this website or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AND RUCK & RIVER AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ruck & River agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

TEXT TERMS AND CONDITIONS

If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email support@ruckandriver.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

QUESTIONS

Should you have any questions regarding these Terms and Conditions of Use you may contact us at support@ruckandriver.com