TERMS & CONDITIONS

RUSTY DOG COFFEE, LLC

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this website (collectively the "Website") of RUSTY DOG COFFEE LLC (the “Company”) on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. You are authorized to use the Application only if you agree to abide by all applicable laws, rules, and regulations (“Applicable Law”) and this Agreement. Company may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, do not use this Website.  

INTELLECTUAL PROPERTY
 
All intellectual property on the Website is owned by Company or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Company name and design) are owned, registered and/or licensed by Company. All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Company; All rights reserved.  

PRIVACY  

Company Privacy Policy is incorporated into these Terms of Use. By accepting these Terms of Use, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy.  

FEEDBACK  

You agree that any feedback, suggestions, ideas, or other information or materials regarding Company that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights).  

MOBILE SERVICES  

The Website contains services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using the Website on your mobile device, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.    
        
USER CONDUCT  

You are solely responsible for your conduct on the website, including your interactions with other users and your activity on the Website. You agree that you will not take any action or post anything that may expose Company or its users to any harm or liability of any type. All posts by you to the Website will be known as “User-Generated Content”. You are not to post any User-Generated Content, or a link to a website, that, in Company’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You agree that you will not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes.  
The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User-Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Website.  
You are responsible for ensuring that any User-Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You agree not to submit User-Generated Content unless you are the owner or have permission from the owner to post such Content and grant Company all of the license rights granted in these Terms of Use.  
Do not post any User-Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, or the Website. Do not post User-Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.  

WEBSITE USE RESTRICTIONS  

You may use the Content on this website only for your own non-commercial use to participate in the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, without Company’s prior written consent, unless it is your own UserGenerated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.  

CONTENT IS NOT PRESCREENED  

Company does not prescreen User-Generated Content. Company does not guarantee the Website will be free from User-Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Company is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User-Generated Content or activities of users on the Website. Even in the event Company chooses to monitor any User-Generated Content, Company assumes no responsibility for, or any obligation to monitor or remove, such User
        
Generated Content. Company reserves the right to edit, remove, or refuse to post any User-Generated Content.  

INDEMNIFICATION  

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User-Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party. 
 
LIMITATION OF LIABILITY  

COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST DATA THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST COMPANY FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE.
 
LINKS TO THIRD PARTY SITES  

This Site may contain links to websites controlled by parties other than Company. Company may work with certain partners and affiliates whose sites are linked with Company. Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Company makes no guarantees about the content or quality of the products or services provided by such sites. Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.  

DISPUTE RESOLUTION  

You agree that this Website, Terms of Use, Privacy Policy, and any dispute between you and Company shall be governed in all respects by Wisconsin law, without regard to choice of law provisions or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Dane County, Wisconsin. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Dane County, Wisconsin. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises.  
        
MISCELLANEOUS  

By using the Website, you agree to receive certain electronic communications from Company. You agree that any notice, agreement, disclosure or other communication that Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Company’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.  

SEVERABILITY   

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.