1. ACCEPTANCE OF TERMSThe Rusty Spiderweb provides its service to you, subject to the following Terms and Conditions of Use ( the "Terms"). These Terms, and the site at RustySpiderweb.com may be updated by us from time to time without notice to you. Your use of RustySpiderweb.com constitutes your agreement to all such terms, conditions, policies, and notices (the "Agreement"). If you do not agree, you may not use RustySpiderweb.com
2. DESCRIPTION OF SERVICEThe Rusty Spiderweb provides users with access to a rich collection of resources, merchandise, products and services through RustySpiderweb.com (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new features or products, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that The Rusty Spiderweb assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICEThe Rusty Spiderweb reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Rusty Spiderweb shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Rusty Spiderweb may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use The Rusty Spiderweb properties after the notice is posted, you are indicating your acceptance of those changes.
4. SPONSORS, THIRD PARTIES, AND ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that The Rusty Spiderweb shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
5. LINKSThe Rusty Spiderweb may provide, or third parties may provide, links to other websites or resources. Because The Rusty Spiderweb has no control over such sites and resources, you acknowledge and agree that The Rusty Spiderweb is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Rusty Spiderweb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
6. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RUSTY SPIDERWEB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE RUSTY SPIDERWEB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE RUSTY SPIDERWEB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e. THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY THE RUSTY SPIDERWEB OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY THE RUSTY SPIDERWEB AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
7. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, MERCHANDISE, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL THE RUSTY SPIDERWEB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RUSTY SPIDERWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
8. EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
9. INTELLECTUAL PROPERTY INFORMATIONAll materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by The Rusty Spiderweb or by other parties that have licensed their material to The Rusty Spiderweb You may copy and print hard copies of portions of RustySpiderweb.com for the sole purpose of using RustySpiderweb.com as an information source (a shopping, for example). Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of The Rusty Spiderweb or the respective owners. You may not add, delete, distort, or otherwise, modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is strictly prohibited.
RsutySpiderweb.com logos and product and service names are trademarks of The Rusty Spiderweb All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that The Rusty Spiderweb provides information and that references to other names and trademarks are necessary for the course of providing news and commentary about the subjects that this site covers. The Rusty Spiderweb will enforce its intellectual property rights to the fullest extent of the law. If you suspect that any The Rusty Spiderweb content or trademarks are being misused please contact us.
10. NON-WAIVERThe failure of The Rusty Spiderweb to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. HEADINGS FOR CONVENIENCE ONLYThe section titles in the Terms are for convenience only and have no legal or contractual effect.
12. VIOLATIONSPlease report any violations of the Terms to our Customer Service Department.
13. INDEMNIFICATIONYou agree to indemnify, defend and hold The Rusty Spiderweb harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
14. LETTERS OR OTHER SUCH COMMENTS OR MATERIALSAny comments, materials, or letters sent by you to The Rusty Spiderweb regarding its sites, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") may be deemed by The Rusty Spiderweb to be non-confidential and free of any claims of proprietary or personal rights. The Rusty Spiderweb shall have no obligation of any kind with respect to such Received Materials and The Rusty Spiderweb will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, The Rusty Spiderweb is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to The Rusty Spiderweb for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
15. PRIVACYYou can read the privacy statement for RustySpiderweb.com here.
16. RESTRICTIONS ON USEYou may not use The Rusty Spiderweb sites or their content for any illegal purpose or in any manner inconsistent with these Terms. You agree to use The Rusty Spiderweb sites solely for your own non-commercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
17. SEVERABILITYIf any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
18. ENTIRE AGREEMENTThis Agreement and any other terms and conditions of service on any The Rusty Spiderweb property constitute the entire agreement between you and The Rusty Spiderweb and govern your use of the Service.
19. REFUSAL OR DISCONTINUANCE OF SERVICEThe Rusty Spiderweb reserves the right to refuse or discontinue service to any user for non-compliance with these Terms.
20. CHOICE OF LAW AND FORUMThis Agreement will be governed by the laws of the State of Iowa. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Iowa and you agree to personal jurisdiction by the state and federal courts for Sioux City, Iowa. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
FEEL FREE TO CONTACT US!We're glad you are here and hope you enjoy your shopping experience at RustySpiderweb.com. If you have any questions or comments, do not hesitate to shoot us an email.
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