Terms and Conditions

WEBSITE USER AGREEMENT

1. Acceptance of Terms
Rodeo Beach, LLC ("Rodeo Beach" or "we", "us", "our"), provides access to the Rodeo Beach website, located at www.rodeobeach.com (the "Site").

By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact Rodeo Beach by email before using the Site.

2. Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.

3. Privacy
You agree that you have read and understand the terms of Rodeo Beach's Privacy Policy.

4. Use of the Site
You understand that Rodeo Beach is good, but not perfect. Therefore, we cannot and do not guarantee that the Site will be free of infection from viruses or other mean computer stuff that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

5. Risk: Internet Use
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE SITE.

6. Paddling Safety Agreement
Get qualified instruction for the type of craft and equipment you will use, and follow safe practices. In addition:

• Always wear a USCG-approved personal flotation device (PFD or life vest).

• Obtain certified first-aid training and carry rescue/safety equipment.

• Guard against hypothermia-dress appropriately for weather and water conditions.

• Be aware of river water levels, tidal changes, dangerous currents, underwater hazards, and weather changes.

• Never paddle in flood conditions and never paddle alone.

• Review your owner's information package periodically.

I UNDERSTAND THAT PADDLING INVOLVES CERTAIN RISKS INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY OR DEATH. I FREELY AGREE TO ASSUME FULL RESPONSIBILITY FOR THE RISKS INVOLVED.

7. No Warranties
DUE TO STUFF THAT WE UNFORTUNATELY CAN'T CONTROL, RODEO BEACH DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

RODEO BEACH DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.

RODEO BEACH SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

8. System Outages
Rodeo Beach periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. We are sorry, but Rodeo Beach shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

9. Indemnification
You agree to indemnify, defend and hold Rodeo Beach and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Rodeo Beach's defense of any claim. Rodeo Beach reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Rodeo Beach.

10. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of Rodeo Beach and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Rodeo Beach.

You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Rodeo Beach.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Rodeo Beach or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Rodeo Beach copyright.

11. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Rodeo Beach's policy regarding copyright infringement and Rodeo Beach's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

Rodeo Beach respects the intellectual property rights of others and requires those that visit our web site to do the same. Rodeo Beach may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. Rodeo Beach also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.

If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify Rodeo Beach's copyright agent by written notice. The notice should include the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

Rodeo Beach's copyright agent for notice of claims of copyright infringement on this website is J.J. Hobbs, who can be reached as follows:

Mail:
1305 Linden Avenue, Macon, GA 31201

Phone:
410-808-1110

E-Mail: jhobbs@rodeobeach.com

12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF RODEO BEACH OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL RODEO BEACH'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO Rodeo Beach FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF Rodeo Beach, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.

13. Your Account and Membership Obligations
In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.

You are responsible for maintaining the confidentiality of your password, account number, and Rodeo Beach membership number (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Rodeo Beach shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.

14. RETURNS AND EXCHANGES

We want you to be thrilled with your purchase and our service. Within 30 days of the purchase of your order, you may return any product purchased from Rodeo Beach unused and in its original condition for credit or exchange. You can either bring your product and your sales receipt to our store or you can mail the product and sales receipt back to us and we'll credit the credit card or account used for the original purchase within 5 business days of receiving your package. Please allow 1-2 billing cycles for the credit to appear on your statement.

If you wish to exchange your product, you may do so in one of two ways.

1) Simply place a new order with us for the new product and mail the original product back to us as a return for a refund.

2) Send the item back to us as an exchange, and we will ship the new product back to you once we receive the original item. Put a little note in the box letting us know what you need for us to do along with a check for return shipping ($5 US, $30 International).

Please note the reason for the return or exchange on a note in the box. Pack and seal your return securely (in the original package if possible). Packages must be returned prepaid; we cannot accept C.O.D. shipments. For your protection, please use UPS, Fed Ex or Insured USPS for shipment. Be sure to get tracking information for your package since you are responsible until we receive the goods.

You can mail the product(s) back to us using the carrier of your choice to:

Rodeo Beach
1305 Linden Avenue
Macon, GA 31201
478-744-2453
info@rodeobeach.com

15. Purchase and Product Pricing
Sometimes, but not often, we make a mistake concerning the price or availability of a product. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being slightly off, or product information or otherwise, Rodeo Beach shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Rodeo Beach shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. If the User's credit card has already been charged for the purchase and his/her order is canceled, Rodeo Beach shall issue a credit to the User's credit card account in the amount of the charge.

16. No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Rodeo Beach has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Rodeo Beach does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

17. International Users
Rodeo Beach makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Please see more important information about International Ordering.

The United States Postal Service does not have the ability to track international packages (including shipments to Canada). If you are concerned about this please contact us before you place your order so that we can solve any potential issues. Just to reiterate, under the circumstances described the tracking is out of our hands so don't get mad at us if we cannot give you the exact location of your package.

18. User Feedback
Should any User respond to Rodeo Beach with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, Rodeo Beach products or services or otherwise ("Comments"), such Comments shall be deemed to be non-confidential. Rodeo Beach shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose and distribute the information to others in accordance with our Privacy Policy.

19. Acceptable and Lawful Use of the Site
Any information provided to Rodeo Beach in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Rodeo Beach or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e. "Spam").

20. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement; Shipping Via US Mail; Gift Card Terms & Conditions; Coupons and other promotional discounts
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement. Any delay or failure by Rodeo Beach, at any time or times, to require performance of any provision hereof shall in no manner affect Rodeo Beach's right at a later time to enforce such provision. No delay or failure by Rodeo Beach in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Rodeo Beach. Rodeo Beach may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Rodeo Beach and you pertaining to the subject matter hereof.

You cannot combine promotions such as coupon codes or discounts or gifts with purchase on the same order. You can only use one promotion per order.

21. Updates and Modifications
In its sole discretion, Rodeo Beach may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Rodeo Beach reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, contact us.

22. Termination
Rodeo Beach may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by email or telephone.

Live Fiercely Friends,
Rodeo Beach