Terms of Service for RockyBottomRanch.com
Welcome to RockyBottomRanch.com. This web site is owned and operated by RockyBottomRanch.com.
By visiting our web site and accessing the information, resources, services, products,
and tools we provide, you understand and agree to accept and adhere to the following
terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’),
This agreement is in effect as of March 1, 2009.
We reserve the right to change this User Agreement from time to time without notice.
You acknowledge and agree that it is your responsibility to review this User Agreement
periodically to familiarize yourself with any modifications. Your continued use
of this site after such modifications will constitute acknowledgement and agreement
of the modified terms and conditions.
Responsible Use and Conduct.
By visiting our web site and accessing the information, resources, services, products,
and tools we provide for you, either directly or indirectly (hereafter referred to
as ‘Resources’), you agree to use these Resources only for the purposes intended
as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations
and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information
about yourself (such as identification, contact details, credit card information,
etc.) as part of the registration or sales process, or as part of your ability to
use the Resources. You agree that any information you provide will always
be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information
associated with any account you use to access our Resources. Accordingly, you are
responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources, by any means other than
through the means we provide, is strictly prohibited. You specifically agree not
to access (or attempt to access) any of our Resources through any automated, unethical
or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including
the servers and/or networks to which our Resources are located or connected, is strictly
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources
is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly
or indirectly incur or suffer due to any unauthorized activities conducted by you,
as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our web site, such as blog
comments, blog posts, public chat, forums, message boards, newsgroups, product ratings
and reviews, various social media services, etc. You understand that generally we
do not pre-screen or monitor the content posted by users of these various communication
tools, which means that if you choose to use these tools to submit any type of content
to our web site, then it is your personal responsibility to use these tools in a
responsible and ethical manner. By posting information or otherwise using any open
communication tools as mentioned, you agree that you will not upload, post, share,
or otherwise distribute any content that:
i.Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating,
fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate,
or explicit language;
i.i. Infringes on any trademark, patent, trade secret, copyright, or other proprietary
right of any party;
i.i.i. Contains any type of unauthorized or unsolicited advertising;
i.i.i.i. Impersonates any person or entity, including any RockyBottomRanch.com employees
We have the right at our sole discretion to remove any content that, we feel in our
judgment does not comply with this User Agreement, along with any content that we
feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any
3rd party copyrights or trademarks. We are not responsible for any delay or failure
in removing such content. If you post content that we choose to remove, you hereby
consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd
party users of our web site. However, any content posted by you using any open communication
tools on our web site, provided that it doesn’t violate or infringe on any 3rd party
copyrights or trademarks, becomes the property of RockyBottomRanch.com, and as such,
gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to
reproduce, modify, adapt, translate, publish, publicly display and/or distribute
as we see fit. This only refers and applies to content posted via open communication
tools as described, and does not refer to information that is provided as part of
the registration or sales process, necessary in order to use our Resources. All
information provided as part of our registration and/or sales process is covered
i. You agree to indemnify and hold harmless RockyBottomRanch.com and its parent company
and affiliates, and their directors, officers, managers, employees, donors, agents,
and licensors, from and against all losses, expenses, damages and costs, including
reasonable attorney’s fees, resulting from any violation of this User Agreement or
the failure to fulfil any obligations relating to your account incurred by you or
any other person using your account. We reserve the right to take over the exclusive
defence of any claim for which we are entitled to indemnification under this User
Agreement. In such event, you shall provide us with such cooperation as is reasonably
requested by us.
Your privacy is very important to us, which is why we’ve created a separate Privacy
Policy in order to explain in detail how we collect, manage, process, secure, and
Limitation of Warranties
By using our web site, you understand and agree that all Resources we provide are
“as is” and “as available”. This means that we do not represent or warrant to you
i) The use of our Resources will meet your needs or requirements.
ii) The use of our Resources will be uninterrupted, timely,
secure or free from errors.
iii) The information obtained by using our Resources will be
accurate or reliable, and
iv) Any defects in the operation or functionality of any Resources
we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) Any content downloaded or otherwise obtained through the use of our Resources
is done at your own discretion and risk, and that you are solely responsible for
any damage to your computer or other devices for any loss of data that may result
from the download of such content.
vi) No information or advice, whether expressed, implied, oral or written, obtained
by you from RockyBottomRanch.com or through any Resources we provide shall create
any warranty, guarantee, or conditions of any kind, except for those expressly outlined
in the User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly
understand and agree that any claim against us shall be limited to the amount you
paid, if any, for use of products and/or services. Rocky Bottom Ranch will not be
liable for any direct, indirect, incidental, consequential or exemplary loss or damages
which may be incurred by you as a result of using our Resources, or as a result of
any changes, data loss or corruption, cancellation, loss of access, or downtime to
the full extent that applicable limitation of liability laws apply.
All content and materials available on RockyBottomRanch.com, including but not limited
to text, graphics, web site name, code, images and logos are the intellectual property
of RockyBottomRanch.com, and are protected by applicable copyright and trademark
law. Any inappropriate use, including but not limited to the reproduction, distribution,
display or transmission of any content on this site is strictly prohibited, unless
specifically authorized by RockyBottomRanch.com
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to
all or part of our web site and Resources with or without notice and for any reason,
including, without limitation, breach of this User Agreement. Any suspected illegal,
fraudulent or abusive activity may be grounds for terminating your relationship and
may be referred to appropriate law enforcement authorities. Upon suspension or termination,
your right to use the Resources we provide will immediately cease, and we reserve
the right to remove or delete any information that you may have on file with us,
including any account or login information.
This web site is controlled by RockyBottomRanch.com from our offices located in the
state of Arizona, USA. It can be accessed by most countries around the world. As
each country has laws that may differ from those of Your State, by accessing our
web site, you agree that the statutes and laws of Your State, without regard to the
conflict of laws and the United Nations Convention on the International Sales of
Goods, will apply to all matters relating to the use of the web site and the purchase
of any products or services through this site.
UNLESS OTHERWISE EXPRESSED, RockyBottomRanch.com EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these, our Terms of Service, as outline
above, you can contact us at:
PO Box 2719
Tonopah, AZ 85354