Terms and Conditions of Use

 

Welcome to Rap Bolting’s Internet website. Rap Bolting, LLC., d/b/a Rap Bolting and rapbolting.com (referred to herein as “Rap Bolting”, “we”, or the “Company”) provides website access and features, products, equipment, services, information, materials, and the like to you subject to the following Terms and Conditions of Use (collectively the “Terms”). The following contains the Terms of the agreement between Rap Bolting, LLC. (Rap Bolting) and you (“you”, “your”, or the “Buyer”) relating to all products, services, information, materials, and the like, provided to you through the Company’s Website rapbolting.com (the “Website”) or otherwise by the Company.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE RAP BOLTING WEBSITE. BY USING THE RAP BOLTING WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. The Websites are the property of Rap Bolting and its licensors.

By using the Websites, you represent that you are at least 18 years old. Rap Bolting does not knowingly sell or provide goods, services, information, materials, and the like to children. If you are under 18, you may use our Websites only with the consent and involvement of a parent or guardian. The Websites and the information contained in reference herein are for your personal, non-commercial use only. As long as you comply with the Terms contained herein, Rap Bolting grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Websites.

By using the Websites, Buyer irrevocably agrees to the Terms set forth herein (the “Agreement”).

1. Limited License to Access Websites. As long as you comply with these Terms, Rap Bolting grants you a limited license to access and make personal use of the Websites. Rap Bolting also grants you a limited, revocable, and nonexclusive right to create a link to the Websites’ home pages provided that the link does not portray Rap Bolting, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rap Bolting logo or other proprietary graphic or trademark as part of the link without the Company’s express written permission. Any unauthorized use by you of any of these Terms shall automatically terminate the limited license granted by Rap Bolting to you to use the Websites.

2. Changing Website Content. Rap Bolting may, at its sole discretion, at any time in the future and without notice: (a) modify or revise these Terms at its sole discretion; and/or (b) edit or delete any information or content appearing on the Websites and/or to remove any products, services, information, materials and the like. When the Company makes any such modifications or changes, we will update these Terms here. Your use of this Website and any other websites owned, operated or maintained by Rap Bolting (collectively the “Websites”) following any such revision constitutes your agreement to the revised Terms. Any such modification of these Terms will be effective immediately upon publication on the Websites with respect to all transactions and use occurring after the date the changes were published on the Websites. You should check these Terms periodically for changes. As used herein the word “Content” is defined as all of the products, services, information, materials, and the like provided by, described by, sold by or referred to in the Websites.

3. Reserved Rights. The Company reserves the right in its sole discretion to refuse to sell or provide any products, services, information, materials and the like at any time. The Company also reserves the right to discontinue or restrict your use of the Websites. All rights not explicitly granted in these Terms are hereby reserved by Rap Bolting.

4. Important Warnings!

It is of the utmost importance that anyone using this Website read and understand all warnings and other information listed in these Terms and provided in the product and services descriptions. YOUR LIFE AND SAFETY AND THE LIVES AND SAFETY OF OTHERS DEPENDS UPON YOUR KNOWLEDGE AND UNDERSTANDING OF HOW TO USE THE PRODUCTS AND SERVICES DESCRIBED IN THE WEBSITES.

WARNING: ROCK CLIMBING, MOUNTAINEERING, RAP BOLTING, THE INSTALLATION OF BOLTS, AND CREATING NEW CLIMBING ROUTES ARE HAZARDOUS, DANGEROUS, and POTENTIALLY LIFE THREATENING.

By purchasing or using any Rap Bolting products, services, equipment, information, materials, and the like, in any manner, you agree that you are:

(a) personally and solely responsible for: (1) learning and knowing the limits and capabilities of the products, services, and/or equipment and yourself, (2) the proper use of and techniques for such products, services, and/or equipment, (3) making responsible, sound decisions in changing situations, (4) selecting the correct and appropriate products, equipment, and the like for your intended use, and

(b) Resources like the Rap Bolting Websites, publications, information, and other materials can provide useful information and tips, but they are no substitute for good decision making, safe and appropriate use of products, services, and equipment, or professional instruction for the numerous hazardous situations in which you may choose to use Rap Bolting products, services, equipment, information, materials, or the like.

All products, services, information, materials, and the like are sold and/or provided by the Company with the express understanding that you are familiar with their correct application and safe use. Use all products, services, information, materials, and the like, properly, in safe manner, and install as per the product manufacturer’s instructions.Your purchase of any products or equipment from the Company does not mean that the product or equipment you have purchased is the recommended product or equipment or the correct product or equipment for your use. It is your responsibility to determine what products are the correct products for your use, and to use all such products as recommended by the manufacturer.

Remember: Any product will break if abused, misused, or overused. Any product can become hazardous in the hands of a careless user. Be careful! Inspect all products and equipment frequently.

5. Disclaimer. Your use of the Rap Bolting Websites is at your own risk. If you are dissatisfied with any of the Content or other contents of the Rap Bolting Websites or with these Terms, your sole remedy is to discontinue use of the Rap Bolting Websites. Rap Bolting makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any of the products, services, information, materials, and the like described on the Websites (the “Content”) or about the results to be obtained from using the Websites and the Content. ANY AND ALL OF YOUR USE OF THE WEBSITES AND THE CONTENT IS AT YOUR OWN RISK. This includes but is not limited to the risk that you choose the wrong product for your use. Changes are periodically made to the Websites and may be made at any time by Rap Bolting in its sole discretion. Some Content on the Websites may be provided by third parties and Rap Bolting explicitly disclaims all responsibility for any such Content provided by third parties. Rap Bolting attempts to be as accurate as possible in describing its products, services, information, materials, and the like, however, we do not warrant that the Websites, any descriptions, and/ or other Content are accurate, complete, reliable, current, or error-free.

THE WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY RAP BOLTING ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

RAP BOLTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED RAP BOLTING REPRESENTATIVE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAP BOLTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAP BOLTING DOES NOT WARRANT THAT (1) THE WEBSITES, (2) INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES. Rap Bolting assumes no responsibility for the use or misapplication of any products, services, information, materials, and the like sold by or provided by the Company or through the Websites. You are solely responsible for your use of all Company products, services, information, materials, and the like.

RAP BOLTING EXPLICITLY DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OR WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF A DISPUTE BETWEEN YOU AND THE COMPANY, YOU AGREE THAT THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE, LOSS, OR CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PARTICULAR ITEMS THAT YOU PURCHASED.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THIS WEBSITE AND THE PRODUCTS, SERVICES, INFORMATION, MATERIALS, AND THE LIKE AVAILABLE ON THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Certain state laws may not allow certain limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

6. Indemnification.

YOU, ON BEHALF OF YOURSELF, YOUR FAMILY, HEIRS, SUCCESSORS, ASSIGNS, AND ANYONE CLAIMING ANY INTEREST THROUGH YOU, AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RAP BOLTING, ITS SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND/OR OTHER PARTNERS, FROM ANY ALLEGATIONS, DEMANDS, DAMAGES, LOSS, LIABILITY, CLAIMS, PROCEEDINGS (REGARDLESS OF WHETHER THE PROCEEDINGS ARE ACTUAL, THREATENED OR PENDING) OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND JUDGMENTS OF ANY KIND OR NATURE), MADE AGAINST OR INCURRED BY RAP BOLTING, BY YOURSELF, YOUR FAMILY, HEIRS, SUCCESSORS, ASSIGNS, AND/OR ANYONE CLAIMING ANY INTEREST THROUGH YOU AND/OR ANY THIRD PARTY, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITES, YOUR BREACH OF THIS AGREEMENT AND/OR ANY OF ITS TERMS, AND/OR ANY OTHER VIOLATION BY YOU THAT CREATES LIABILITY, LOSS, AND/OR DAMAGE FOR RAP BOLTING.

7. Electronic Communications. When you visit Rap Bolting Websites or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Websites. 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.

8. Applicable Law. By visiting or using any Rap Bolting Websites, or purchasing or receiving any products, services, information, materials or the like from the Company, you agree that:

(1) These Terms and this Agreement shall be treated as though executed and performed in the state of Colorado, United States. All matters relating to your access to or use of the Websites, including all disputes, will be governed by the laws of the State of Colorado without regard to its conflicts of laws provisions.

(2) The exclusive forum for any claims or causes of action arising out of your use of the Rap Bolting Websites shall be either the United States District Court for the District of Colorado, or any Colorado State court sitting in Garfield County, whichever has jurisdiction, for any dispute relating in any way to or arising out of your visit to, or use of Rap Bolting Websites, or to products, equipment, services, information, materials, and the like sold or distributed by Rap Bolting or through Rap Bolting Websites.

(3) You hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection that you may now or hereafter have to such jurisdiction and venue, and (b) any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply in any dispute arising out of or related to these Terms or this Agreement.

(4) Any and all claims under these Terms must be brought by you within one (1) year after the date that you knew or reasonably should have know of the claim, or such claim or cause of action shall be forever barred, notwithstanding any statutes of limitation to the contrary.

(5) No recovery may be sought or received by you against Rap Bolting for damages that exceed the total amount paid by you for the particular items that you purchased from Rap Bolting.

(6) In the event of any controversy or dispute between Rap Bolting and you arising out of or in connection with your use of the Websites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation, within an additional an additional sixty (60) days. If the dispute cannot be resolved through mediation and /or the sixty (60) days expires, then the parties shall be free to pursue any right or remedy available to them under applicable law.

(7) A printed version of these Terms and of any notice given in electronic form shall be admissible in any judicial or administrative proceeding based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All headings in these Terms are for convenience or reference only and shall be ignored in construing these Terms.

(8) Rap Bolting’s failure to enforce all or any part of these Terms or respond to a breach thereof by you or any other party shall not in any way be construed as a waiver or a relinquishment of any right granted Rap Bolting hereunder of the future performance of all or any part of these Terms, and your obligations set forth in these Terms shall continue in full force and effect.

(9) If any provision in these Terms is held invalid or unenforceable under applicable law, the invalid or unenforceable provision will be modified to the minimum extent necessary and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms will continue in full force and effect. If not modification is possible, then the offending provision shall be stricken to the minimum extent necessary and the remaining provisions of these Terms will continue in full force and effect.

(10) These Terms contain the entire and final agreement between you and the Company regarding the Rap Bolting Websites, their Content, products, services, information, materials and the like, and supersede any prior or contemporaneous written or verbal communications between you and Rap Bolting regarding the Websites, their Content, products, services, information, materials and the like.

(11) Any offer for any feature, product or service made on the Websites is void where prohibited. If you choose to access the Websites from outside the U.S., you are solely responsible for complying with applicable U.S. and local laws. Although the Websites may be accessible worldwide, not all products or features provided or offered through the Websites are available in all geographic locations, or available (legally or otherwise) for use outside of the U.S. Rap Bolting reserves the right to limit, in its sole discretion, the provision and quantity of any products, services, information, materials, feature, or the like shown on the Websites to any person or geographic area.

(12) All rights not explicitly granted in these Terms are hereby reserved by Rap Bolting.

If you agree to the Terms of this online Agreement, please click the “I Agree” button below. We are unable to sell any of our products, equipment or services to any person or entity who does not agree to be bound by the Terms of this Agreement.