Terms & Conditions

Welcome to www.rustykanokogi.com this web site is comprised of various web pages operated by Project Rusty, LLC.  This web site is 0ffered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein this “terms”.  Your use of www.rustykanokogi.com constitutes your agreement to all such Terms.  Please read these terms carefully and keep a copy for your reference.

 

www.rustykanokogi.com is an e-commerce site for sole purpose of telling the story of Rusty Kanokogi in means of a book, documentary and product sales to support such efforts.

 

Electronic Communications

 

Visiting www.rustykanokogi.com or sending e-mails to Project Rusty, LLC constitutes electronic communications.  You consent to receive electronic communication and 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.

 

Your Account

 

In your use of this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.  You acknowledge that Project Rusty, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account.  Project Rusty, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children

 

Project Rusty, LLC requires those under 18, use of site only with permission of parent or guardian as condition of use.

 

Cancellation/Refund Policy

 

If you would like to return your product please e-mail us at Carrie@rustykanokogi.com within 30 days of your purchase.  We require you to mail back the product to address provide by Carrie@rustykanokogi.com for refund minus any previous shipping costs.  

 

Links to third party sites & Services

 

www.rustykanokogi.com contains third party web sites.  The additional sites are under no means under the control of Project Rusty, LLC and Project Rusty, LLC is not responsible for the contents of linked sites, including without limitation any link contained in a linked site, or any changes or updates to a linked site.  Project Rusty, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Project Rusty, LLC of the site or any association with its operators.  

 

Certain services made available via www.rustykanokogi.com are delivered by third party sites and organizations.  By using any product, service or functionality from the www.rustykanokogi.com domain, you hereby acknowledge and consent that Project Rusty, LLC has a contractual relationship to provide the product, service or functionality on behalf of www.rustykanokogi.com users and customers.

 

No unlawful or Prohibited Use/Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.rustykanokogi.com strictly in accordance with these terms of use.  As a condition of you use of the site, you warrant to Project Rusty, LLC for any purpose that is unlawful or prohibited by these Terms.  You may not use this site in any manner which could damage, disable, or impair the site or interfere with any other party’s use and enjoyment of the site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through for this site.

 

All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on this site, is the property of Project Rusty, LLC or its suppliers and protected by copyright and others that protect the intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will make changes thereto.  All images are of use for Project Rusty, LLC unless otherwise granted permission in writing by Project Rusty, LLC.  Project Rusty, LLC content is not for resale.  Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not alter any proprietary rights or attribution notices in any content.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Project Rusty, LLC or our licensors except as expressly authorized by these terms.  

 

International Users

 

The service is controlled, operated and administered by Project Rusty, LLC from our offices within the United States of America.  If you access the service or products from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the Project Rusty, LLC content accessed through www.rustykanokogi.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  

 

 

 

 

Third Party Accounts

 

You will be able to connect your account to third party accounts.  By connecting your Project Rusty, LLC account to your third-party account, you agree that you are consenting to the continuous releasee of information about you to others in accordance to your privacy settings on those third-party accounts.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Project Rusty, LLC, its officers, directors, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees)  relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Project Rusty, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Project Rusty, LLC in asserting any available defenses.

 

Termination/Access Restriction

 

Project Rusty reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in any disputes arising out of or relating to the use of this site.  Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of terms.

 

You agree that no joint venture, partnership or agency relationship exists between you and Project Rusty, LLC as a result of this agreement or use of the site.  Project Rusty, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Project Rusty, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by Project Rusty, LLC with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid provisions will be deemed superseded by a valid, enforceable provision the most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.  

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Project Rusty, LLC with respect to the site and it supersedes all prior communications between the user and Project Rusty LLC with respect to the site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial proceedings based up or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated.  It is the express wish to the parties that this agreement and all related documents to be written in English.

 

PROJECT RUSTY, LLC AND/OR IT’S SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  PROJECT RUSTY, LLC AND/OR IT’S SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROJECT RUSTY, LLC AND/OR IT’S SUPPLIERS  E LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGE WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE PRODUCTS, ERVICES AND RELATED GRAPHICS OBTAINED TRHOUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE.  IF YOU ARE DISSAATISIFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Arbitration

 

In the event the parties are not able to resolve any dispute between them arising out or concerning these terms and condition, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or similar as selected by the parties, in a location mutually agreed upon by both parties.  The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction.   In the event that any legal or equitable action, arbitration arises out of or concerns these terms and conditions, the prevailing party shall be entitled to reasonable attorney’s fees.  The entire dispute, including the scope and enforceability of this arbitration shall be determined by the arbitrator.  

 

Class Action Waiver

 

Any arbitrations under these terms and conditions will take place on an individual basis only; class arbitrations and collective actions are not permitted.  

 

 

Liability Disclaimer

 

THE INFORMATION, PRODUCTS, SERVICES, GRAPHIC IMAGES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  PROJECT RUSTY, LLC AND/OR IT’S SUPPLIERS MAY MAKE IMPROVEMENT AND/OR CHANGES IN THE SITE AT ANY TIME.