Terms of Use and Sale

Last Updated February 12, 2024

RUSTIC PATHWAYS TERMS AND CONDITIONS OF USE AND SALE

WELCOME TO THE RUSTIC PATHWAYS, LLC (“RUSTIC PATHWAYS” or “WE” or “US”) WEBSITE (the “SITE”).

WE ASK THAT YOU READ THESE TERMS CAREFULLY BEFORE YOU USE OUR SITE OR PURCHASE ANYTHING THROUGH THE SITE.  BY ACCESSING OR USING OUR SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND OUR TERMS OF SALE. YOU ARE ALSO AGREEING TO OUR PRIVACY NOTICE WHICH DESCRIBES HOW WE COLLECT, USE AND SHARE INFORMATION ABOUT YOU AND IS AN EXPRESS PART OF THESE TERMS.  THESE TERMS OF USE, TERMS OF SALE AND OUR PRIVACY NOTICE ARE ALL PART OF AND REFERRED TO AS THESE “TERMS”.

IF YOU DO NOT AGREE TO ANY OR ALL OF THESE TERMS, PLEASE STOP AND DO NOT USE OUR SITE.

In addition to these Terms of Use, all sales made through the Site are governed by our Terms of Sale, which are set out below and state the terms, conditions, and policies applicable to your online purchases from us and form an integral part of these Terms.  In some cases, additional terms (other than these Terms) may apply to products or services you purchase through the Site.  For example, when you sign up or pay for a Program or purchase gift cards through our Site, the terms and conditions applicable to that product (“Other Terms”) will also apply to you.  If there is any conflict between these Terms and any Other Terms, the Other Terms will control as to such conflict.

Changes.  We have the right to change these Terms at any time.  We will notify you of those changes by updating the date at the top of these Terms or by posting a notice on our Site.  Unless we tell you otherwise, the revised Terms will be effective immediately and your continued use of the Site means you accept the updated Terms.

Please read these Terms regularly to make sure you understand the terms and conditions that apply to your use of, including purchases made on, the Site, particularly if we have recently made changes. If you do not agree to any updated Terms, you must stop using the Site. Any use of the Site in violation of these Terms could result, among other things, in termination of your account and your right to use the Site.

If you have any questions regarding the Site or these Terms, please refer to the Contact Us section below.

Rights and Restrictions For Using the Site.  We give you, the person agreeing to these Terms, a temporary and limited right to access and use the Site for your personal use.  You can’t give that right to anyone else and we can revoke your right for any reason, including if you don’t comply with these Terms.  Unless we tell you otherwise, all of the content and materials on the Site, including but not limited to logos and all text, graphics, pictures, audio files, videos, designs, information, data, software, and  other files and their arrangement (collectively, the “Content”) are our proprietary property or that of our licensors, suppliers or users and are protected by United States and international copyright and other laws.

Trademarks.  “Rustic Pathways” and certain other trademarks, logos, service marks and other business identifiers displayed on the Site are owned by us, along with the look and feel of our Site (“Our Marks”).  Other trademarks, logos and service marks used on our Site (“Third-Party Marks”) are licensed by us and belong to their respective owners.  We do not grant you any license to use, and you cannot use, copy or imitate Our Marks or any Third-Party Marks for any purpose.

You understand that other than the limited rights we give you above, you can’t use the Site or its Content for any other purposes.  For example, you agree that you cannot do any of the following with the Site and/or Content:

  • make any commercial use of the Site or Content.
  • use the Site for any purpose that is unlawful.
  • alter or modify the Site or any Content, including any Content that we allow you to print or download for your personal use.
  • conduct fraudulent activities, including using any other person’s login or credentials on the Site or an account.
  • remove any copyright, trademark or other proprietary notices embedded in or attached to the Site or any Content.
  • scrape, mine, extract or otherwise attempt to collect or download data from the Site.
  • frame, use framing techniques or mirror any portion of the Site or Content.
  • violate or attempt to violate the security of the Site in any manner.

Account Registration and Your Data. To be able to use certain parts of the Site, you will need to complete a registration process. As a registered user of the Site, you agree to provide accurate, complete, and current information about yourself as requested by the Site registration form (that information being the “Registration Details”). You agree to keep your Registration Details current at all times.  After you complete the registration process, do not give anyone else access to or allow them to use your user name and password. It is your responsibility to keep them secure and you are responsible for all activities that occur under your account. You need to notify us immediately of any unauthorized use of your user name or password or any other breach of security.

By registering, you consent to our collecting and processing your personal information and other data, including without limitation, the Registration Details (collectively, “Data”). You also consent to the technical processing and transmission of all Data in connection with your use and our operation of the Site. You also agree that we may store and share Data to detect, investigate or prevent fraudulent or suspicious transactions, support investigations into suspected theft, fraud or other wrongdoing, prevent any action that is illegal or otherwise inconsistent with our agreements or policies and to protect the rights, property and safety of Rustic Pathways and others.

Age Requirements.  The Site is not intended for use by (or targeted toward) anyone under the age of 13. If you are under 18, you may use the Site only with involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care and you agree to be responsible for their use of the Site. You may not make a purchase from our Site unless you are at least 18 years of age.

Your Obligations.  You agree that you are responsible for your conduct while on the Site and for complying with these Terms. In addition to the items outlined above (Rights and Restrictions for Using the Site), some examples of the kinds of things you understand and agree you are not allowed to do include:

  • impersonate any person or entity, misrepresent the identity of a user or otherwise misrepresent your affiliation with any person or entity in connection with the Site or your account.
  • use the Site in any manner that could interfere with, disrupt, negatively affect or stop other users from fully enjoying the Site, or that could disable, overburden or impact the functioning of the Site in any way;
  • use any spider, crawler, robot, scraper or other automated means or interface not provided by us to access the Site or to extract data;
  • reverse engineer any aspect of the Site or do anything that might discover source code (except as otherwise expressly allowed by applicable law);
  • attempt to get around any technology we use, or attempt to access any functionality or area of the Site that you are not authorized to access;
  • indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
  • engage in any harassing, intimidating, predatory or stalking conduct;
  • develop any third-party applications that interact with Content and the Site without our prior written consent; and/or
  • violate any laws, rules or regulations, including using the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

Links.  We make no claim or representation regarding, and accept no responsibility for, the content, nature, quality or reliability of websites accessible by hyperlink from the Site, or websites linking to the Site.  When you leave our Site, please be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of the third party operating any website to which you navigate from our Site.

Copyright Infringement Policy.

If you think anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.  Please see 17 U.S.C §512(c)(3) for the requirements of a proper notification.

Name of Designated Agent: Copyright Compliance, Rustic Pathways LLC
Address of Designated Agent: 6082 Pinecone Drive, Mentor, OH  44060
Telephone Number of Designated Agent: 1-800-321-4353
E-mail Address of Designated Agent: copyright@rusticpathways.com

Disclaimers. THE SITE AND THE CONTENT PROVIDED ON IT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RUSTIC PATHWAYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENT, SERVICES AND PRODUCTS ON THE SITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT ARISE OUT OF ITS USE. RUSTIC PATHWAYS DOES NOT REPRESENT OR WARRANT THAT CONTENT OR OTHER INFORMATION ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RUSTIC PATHWAYS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. RUSTIC PATHWAYS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THEIR SERVER(S) ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Indemnification.  To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Rustic Pathways and our respective owners, officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Rustic Pathways, the “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses, including reasonable attorneys’ fees and court costs (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of the Site or Content; (b) your violation of these Terms; and/or (c) your violation of any rights of anyone else or failure to comply with applicable laws. You agree to promptly notify Rustic Pathways of any Claims under this section, cooperate with the Indemnified Parties in defending (or settling) such Claims and pay (or reimburse us for) all fees, costs and expenses associated with defending or settling such Claims (including but not limited to reasonable attorneys’ fees and court costs).

Limitation of Liability.  RUSTIC PATHWAYS HAS NO LIABILITY FOR YOUR USE OF ANY CONTENT OR INFORMATION ON THE SITE.  IN PARTICULAR, BUT WITHOUT LIMITING THE PREVIOUS STATEMENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, ATTORNEYS’ FEES, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OUR OPERATION OF, OR YOUR USE OF, THE SITE OR CONTENT, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED US$100.

Applicable Law and Forum for Disputes.  These Terms will be governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and entirely to be performed within Ohio, without regard to its conflict of law provisions. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms will be filed and adjudicated only in the federal or state courts located in Lake County, Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.

United States Usage.  The Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Site. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Termination.  Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your limited license to use the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms or our policies. Upon termination, these Terms will still apply.

Severability; Waivers.  If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of these Terms and will not affect the validity and enforceability of any remaining provisions. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any prior or subsequent breach or default.

TERMS OF SALE.  These Terms of Sale apply (in addition to our Terms of Use and Privacy Notice) to any purchases or payments you make through the Site.

  • Payment.  Only valid credit cards and other payment methods acceptable to us may be used to make purchases through the Site, and all refunds authorized by us will be credited to the same credit card or, in our discretion, other payment method. By placing an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes and any other amounts described on the Site). We reserve the right to charge an additional processing fee if you pay by credit card, as identified at the time of purchase. When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
  • Pricing; Availability.  All amounts are shown in U.S. dollars. Taxes and other applicable charges are additional. All purchases are subject to availability and we reserve the right to reject all or part of a purchase and to discontinue programs or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screen.  You agree it is your responsibility to check and confirm all charges and other terms (including cancellation policies) before placing an order.
  • Errors.  We try to be as accurate as possible and to eliminate errors on the Site.  We do not guarantee, however, that any program, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error (whether on the Site, in an order confirmation, in processing an order, sending an invoice, or otherwise), we reserve the right to correct the error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error on our part is to cancel your order and obtain a refund.
  • Agreement to Conduct Transactions Electronically; Recording; Copies.  You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract, invoice or disclosure that we provide to you.
  • Other Terms.  Additional terms and conditions may apply to specific purchases you make through the Site, such as in the agreement applicable to a program you sign up for with Rustic Pathways (or an organization’s agreement under which you are responsible for making payment directly to Rustic Pathways), including without limitation, payment, cancellation or refund policies (these are “Other Terms” as defined above).  You agree that those Other Terms also apply and if any part of them conflicts with these Terms, those Other Terms will control as to such conflict.

Contact Us.  If you have any questions or need assistance regarding the Site or these Terms, please contact Customer Services via telephone at 1-800-321-4353 or via email at rustic@rusticpathways.com, or write to us at Customer Service, Rustic Pathways LLC, 6082 Pinecone Drive, Mentor, OH  44060.