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Terms of Use 2016-02-15T21:10:31+00:00

TERMS OF USE

By visiting the Better Than Rocks™ website (the “Website”), and using its features you agree to be bound to the terms described herein. Any rights not expressly granted herein are reserved.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Better Than Rocks, a division of Archovations, Inc. (“Better Than Rocks”), and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Better Than Rocks.

You may use information on the Website including experiments, products and services (such as bonus content, product enhancements, character sheet, data sheets, and similar materials) purposely made available by Better Than Rocks for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Permitted Use
The Content of this Website is the property of Better Than Rocks and/or its suppliers, affiliates, and authorized contributors. The Content or any portion thereof may not be reproduced, redistributed, or displayed without prior written permission from Better Than Rocks

You understand that Better Than Rocks, at its sole discretion and without prior notice, may terminate your access to this Website or certain features. Better Than Rocks may seek remedies available at law or in equity from you if you have violated these Terms of Use.

Improper Use
You agree that you will not use any automatic device or process to interrogate the Website or to copy any of its Content. You further agree that you will not take any action that imposes an unreasonably large processing burden on our computing infrastructure, or which is intended to interfere with the integrity or performance of our infrastructure.

You agree to comply with the security processes and procedures specified by Better Than Rocks with respect to access to or use of the Website.

Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Better Than Rocks obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

Better Than Rocks may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Better Than Rocks makes no commitment to update the materials on the Website with respect to such products and services.

Warranty Disclaimer
This Website and the Contents, including products, herein are provided on an “as is” and “as available” basis. Better Than Rocks does not warrant that the Website will be uninterrupted or error-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability of fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, or content of this Website.

Limitation of Liability
Neither Better Than Rocks nor its officers, agents, partners, affiliates, and employees shall be liable for any direct, indirect, incidental, special or consequential damages, for lost profits, or for business interruption arising out of the use or inability to use this website or the services or content provided therein. If a jurisdiction does not allow exclusion of certain warranties or limitation of liability, the above limitations would in such case be limited to the greatest extent permitted by law.

Privacy
The Better Than Rocks Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links from the Website
Links on the Website that point to non-affiliated Websites do not constitute an endorsement or certification of the third-party Website, nor should they imply that Better Than Rocks has any particular relationship with the third party.

Governing Law
These Terms of Use and your use of this Website are governed by the laws of the State of Wisconsin, without respect to conflict of laws principles. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts of Wisconsin, and you hereby consent to, and 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 Wisconsin.

Partial Invalidity
In the event that any provision of these Terms of Use is held to be invalid, the invalidity shall not affect the validity of the remainder of the Terms of Use.

No Waiver
A waiver of any of these Terms of Use shall not be considered a further waiver of any other term or condition.

Contact
If you become aware of any information in this Website that violates these Terms of Use, please reach out to us via this Contact Us link. Better Than Rocks cannot guarantee that any action will be taken as a result of your email.

Last Updated: February 4, 2016.

© 2016 Better Than Rocks.  All Rights Reserved.