Terms of Use

 

SECTION 1 - OVERVIEW

 

This website is operated by Viristar, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Viristar, LLC. Viristar, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from us, you engage in our “Service” (“service”) and agree to be bound by the following terms and conditions (“Terms of Use,” “Terms”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

 

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

SECTION 3 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

SECTION 3A:  GENERAL

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy or completeness.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Viristar, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost income or revenue, loss of business, loss of contracts, lost savings or anticipated savings, loss of data, replacement costs, loss of goodwill, wasted management or office time, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

In addition to expressly excluding liability for the foregoing, we also hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, law or otherwise.

 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Outdoor, experiential, environmental and adventure activities carry risk, some of which cannot be eliminated, and such activities may be discussed or otherwise included in the service.  The information provided by the service is not intended to be comprehensive or sufficient to appropriately manage those risks.  Application or implementation of information, advice, guidance, suggestions or recommendations provided by the service requires significant expertise, good judgment, and experience.  We cannot and do not warranty or guarantee that such application or implementation will be done properly.  Risks identified by the service, or not fully identified by the service, may cause significant harm including injury, illness, permanent disability, significant property damage, emotional or psychological losses, death, and other significant losses.

 

Viristar recommends that prior to partaking in any outdoor, experiential, environmental or adventure activities, whether mentioned or not mentioned by Viristar, all persons obtain sufficient instruction, including on relevant risks, hazards and perils, and their mitigation or avoidance or elimination or other management, by qualified specialists and experts. 

 

Viristar additionally recommends that organizations and entities offering or providing outdoor, experiential, environmental or adventure activities regularly and periodically obtain high-quality safety audits or risk management assessments by expertly qualified entities before offering or providing such activities.  The information that provided by the service is not intended to serve as a comprehensive risk management resource or a substitute for a comprehensive safety audit or risk management assessment. 

 

SECTION 3B:  GEOGRAPHICAL LIMITATIONS OF SPECIFIC CONTENT

 

Information provided about specific outdoor, experiential, environmental or adventure activities or actions provided by the service is generally USA-centric.  Actual hazards and risks in outdoor and related environments may vary significantly by geography.  Therefore, specific information and recommendations provided by the service should not be construed to be applicable to all geographical locations, situations, or environmental conditions.  Viristar, LLC specifically disclaims any liability arising directly or indirectly from the use or application of information provided or made available by the service, outside the U.S.

 

SECTION 3C:  LIMITATIONS ON LEGAL INFORMATION

 

Viristar, LLC may provide information on legal exposure, liability and hazards through this service or otherwise.  This information is not intended to be specific legal advice and Viristar is not qualified to provide such advice.  Entities seeking such legal advice pertaining to their activities and situations should seek qualified advice.  Information provided by Viristar is restricted to general principles that are focused on the USA legal context.  Viristar does not suggest, warrant or guarantee that such information is accurate, complete, up-to-date, reliable, or applicable to your situation, activities or jurisdiction.  Viristar specifically disclaims any liability arising directly or indirectly from your use or application of such information.

 

 

SECTION 4 - INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

 

We process information about you in accordance with our Privacy Policy, available via link from Viristar.com.  By using our website, you consent to such processing and you warrant that all data provided by you is accurate and complete. 

 

 

SECTION 5 - RELIANCE ON INFORMATION POSTED

 

Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents. 

 

 

SECTION 6 - UPLOADING MATERIAL TO OUR WEBSITE

 

Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, you must comply with the Content Standards set out in these Terms. You confirm that any such Contribution does comply with those standards, and you indemnify us for any failure to comply.  

 

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, breach of their confidential information or of their right to privacy.

 

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

 

We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the Content Standards set out here in these Terms of Use. 

 

 

SECTION 7 - LINKS TO OTHER WEBSITES

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by Viristar.

 

Viristar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Viristar 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

 

SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

 

SECTION 9 - PRODUCTS OR SERVICES

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

 

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

 

SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

 

SECTION 11 - ASSIGNMENT

 

Viristar, LLC may transfer, sub-contract or otherwise deal with Viristar, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

 

SECTION 12 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools which we neither monitor nor over which we have any control or input.

 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

 

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

 

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to industry information; best practices; standards; recommendations of any nature; acceptability of standards or policies, and for sales items, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

 

SECTION 15 - PROHIBITED USES

 

You may use our website only for lawful purposes.  In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:

  1. for any unlawful purpose or in any way that breaches any applicable law or regulations;

  2. in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;  

  3. to solicit others to perform or participate in any unlawful acts;

  4. to violate any international, federal, provincial, state, local, or other regional or global regulations, rules, laws, or ordinances;

  5. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  6. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, gender expression, religion, ethnicity, race, age, national origin, or disability;

  7. for the purpose of harming or attempting to harm any individual in any way;

  8. to submit false or misleading information;

  9. to copy, store, host, upload, transmit, send, use, publish or distribute any material which consists of (or is linked to) viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or any other type of malicious code that will or may be used in any way that will or might affect the functionality or operation of the Service or of any related website, other websites, or the Internet, or may or is designed to adversely affect the operation of any computer software, firmware, or hardware;

  10. to collect or track the personal information of others;

  11. to send, receive, upload, download, use or re-use any material which does not comply with our Content Standards set out in these Terms of Use; 

  12. to create liability for us in any way; or in any way that causes us to lose (in whole or in part) the services of our ISP(s), domain registrar(s), web host(s), or other suppliers;

  13. to transmit, send, or procure the sending of any unsolicited or unauthorized advertising or promotional material or commercial communications or any other form of similar solicitation;

  14. to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website, without Viristar’s express consent;

  15. to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose; or

  16. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet or part thereof.

 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

 

SECTION 16 - CONTENT STANDARDS

These content standards ("Content Standards") apply to any and all material which you contribute to our website ("Contributions"), and to any interactive services associated with the website.  You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

 

Contributions must:

  • be accurate (where they state facts);

  • be genuinely held (where they state opinions);

  • comply with applicable law in the USA and in any country and other jurisdiction from which they are posted.

 

Contributions must not:

  • contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory;

  • promote violent or sexually explicit material;

  • promote discrimination based on race, sex, religion, nationality, gender expression, gender, disability, sexual orientation or age;

  • infringe any copyright, database right or trade mark of any other person;

  • be false, inaccurate or likely to deceive or mislead any person;

  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • promote any illegal activity;

  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

  • be likely to harass, upset, embarrass, alarm or annoy any other person;

  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

  • give the impression that they emanate from us, if this is not the case;

  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or

  • link directly or indirectly to or include descriptions of goods or services that are prohibited under these terms.

 

 

SECTION 17 - LICENSE

 

Unless otherwise stated, Viristar, LLC and/or its licensors own the intellectual property rights for all of the service’s material. All intellectual property rights are reserved. You may view and/or print pages from the services, including viristar.com, for your own personal use subject to restrictions set in these terms and conditions.

 

You must not:

  • republish material from viristar.com

  • sell, rent or sub-license material from viristar.com

  • reproduce, duplicate or copy material from viristar.com

  • redistribute content from viristar.com (unless content is specifically made for redistribution).

 

 

SECTION 18 - SOFTWARE DOWNLOADS 

 

The use of any software downloads made available from our website will be subject to the terms and conditions of the end user license agreement associated with such software. By downloading, installing, modifying, copying or by otherwise using such software you indicate your acceptance of the terms and conditions of the associated end user license agreement.

 

 

SECTION 19 - LINKING AND FRAMING

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link from any website that is not owned by you. 

 

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page without our express permission. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards.

 

If you wish to make any use of material on our website other than that set out above, please address your request to info@viristar.com.

 

 

SECTION 20 - COPYRIGHT

 

All content of the service, including content at viristar.com, unless otherwise noted, and including, but not limited, to text, logos, images, audio, and video are copyrighted by Viristar, LLC, all rights reserved. All other trademarks appearing on Viristar.com are property of their respective owners.

 

 

SECTION 21 - LINKS FROM OUR WEBSITE

 

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our website. We have not reviewed these third party websites and we have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our website, you do this entirely at your own risk. 

 

 

SECTION 22 - BREACH OF TERMS

 

We will determine, in our discretion, whether there has been a breach of these terms. Where a breach has occurred, we may take such action as we deem appropriate. 

 

Failure to comply with these terms constitutes a material breach of the terms upon which you are permitted to use our website, and may result in our taking all or any of the following actions: 

 

  • immediate, temporary or permanent withdrawal of your right to use our website; 

  • immediate, temporary or permanent removal of any posting or material uploaded by you to our website; 

  • issuing a warning to you; 

  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; 

  • further legal action against you; 

  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary. 

 

We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate. 

 

 

SECTION 23 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Viristar, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

 

SECTION 24 - SEVERABILITY

 

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use; such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

SECTION 25 - TERMINATION

 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.

 

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

SECTION 26 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

These Terms of Use and any policies or operating rules posted by us on this site or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of this website and the services of Viristar, LLC, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

 

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

 

SECTION 27 - GOVERNING LAW

 

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of King County, Washington State, United States.

 

 

SECTION 28 - CHANGES TO TERMS OF USE

 

Any new features or tools which are added to the website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time at this page.

 

We reserve the right, at our sole discretion, to update, change, modify, or replace any part of these Terms of Use at any time, by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

 

SECTION 29 - CONTACT INFORMATION

 

Communications regarding these Terms of Use should be sent to us at info@viristar.com.

 

 

Last updated: April 25, 2018

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