Terms of Service

Welcome to RandyRowley.com, owned and operated by R & D Rowley, LLC.
Really it’s just me, Randy, covering my legal bases. WAY over-covering if you ask me, but here we go…

AGREEMENT
These terms and conditions outline the rules and regulations for the use of RandyRowley.com, which includes any and all content, apps, products or services associated with, or under the name of, RandyRowley.com (collectively, the “Service”).

When accessing, making a purchase, or interacting with the Service, you agree to accept these terms and conditions in full. You should not continue to use the Service if you do not accept all of our Terms and Conditions.

The following terminology applies to these Terms and Conditions, our Privacy Policy and any Agreements associated with the Service: “Customer,” “You”, “Your”, and “User” refers to you, the person accessing the Service and accepting its terms and conditions. The “Service”, “Ourselves”, “We”, “Our” and “Us”, refers to the Service.  “Party”, “Parties”, or “Us”, may refer to both the Customer and the Service, or either the Customer or the Service. Any use of the above terminology, or other words in the singular, plural, upper case, or he/she or they, are considered interchangeable and therefore refer to same.

CHANGES TO TERMS OF SERVICE
The Service reserves the right, at its sole discretion, to revise or replace these Terms of Service at any time. You should periodically check these Terms of Service to ensure you are reading the most current document. Clicking the Terms of Service links on any of our website pages or apps will direct you to the most current Terms of Service. Continued use of the Service following any revisions to these Terms of Service will constitute your acceptance of the changes.

ELIGIBILITY
You must be at least 18 years of age to visit and use the Service. RandyRowley.com does not collect personally identifiable information from any person that is known to us to be under the age of 18. If we are alerted that a user is under the age of 18, we will take appropriate steps to terminate the account, block access, and remove any associated content/information. See our Privacy Policy for more information.

RandyRowley.com may refuse to offer or continue offering the Service to any person at any time for any reason and may change its eligibility criteria at any time and at its sole discretion.

PRIVACY
Our Privacy Policy applies to any use of our Service and should be read in full as part of these Terms of Service. The Privacy Policy may be revised from time to time to reflect changes in our business practices. Any link leading from our Service to the Privacy Policy will take you to the most current version.

LICENSE RIGHTS AND INTELLECTUAL PROPERTY
Unless otherwise stated, the Service and/or its licensors own the intellectual property rights for the content posted on RandyRowley.com or used in the Service. Content includes, but is not limited to, any and all audio on the site, designs on any and all products, any original artwork, graphic or design elements used in the Service, or any original articles, blog posts, descriptions, or other written material posted in the Service. All intellectual property rights are reserved.

You may view or print content from the Service for your own personal use subject to the restrictions set forth below.

You agree that you will not:

  • Reproduce, duplicate or copy content from the Service
  • Republish content from the Service
  • Redistribute content from the Service (unless the content is specifically created for redistribution)
  • Sell, rent or sublicense content from the Service
  • Profit from using the Service’s content in any way without our express written permission and/or licensing agreement

INFORMATION COMPLETENESS, ACCURACY, TIMELINESS
While we endeavor to ensure all information on the Service is correct and up to date, we cannot warrant that it is complete, accurate, or current, nor do we commit to ensuring that all aspects of the Service remain available. We reserve the right to change content at any time but are not obligated to do so.

You agree to indemnify and defend us against any claim that may arise from linked content to your website, or any reliance you have placed on the accuracy of information found in the Service. Any reliance on material found on this Service is done at your own risk.

Occasionally there may be typographical errors, inaccuracies or omissions in product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other important areas of the Service. We reserve the right to correct such errors and cancel orders based on those errors without notice.

CHANGES TO THE SERVICE
We reserve the right to modify or discontinue the Service, or any aspect of the Service, at any time and for any reason without notice. We shall not be liable to you or any 3rd party for modifications, price changes, suspensions or discontinuances of the Service.

We may change the prices of our products and services at any time without notice.

No specific update or refresh date to any aspect of the Service should be taken to indicate that information found elsewhere in the Service has been modified or updated.

USER COMMENTS
Certain parts of the Service may allow users to post and exchange opinions, information, material and data, referred to collectively as “Comments.” The Service may not always screen, edit, or review every Comment prior to its appearance on the Service, and it is understood that Comments reflect only the view and opinion of the person posting the Comment. Accordingly, the Service shall not be responsible or liable for Comments, or for any loss, cost, liability, damages or expenses suffered as a result of the use, posting, or appearance of Comments on this Service.

The Service reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

As a commenter, you represent that:

  • Your Comments will not be used to solicit business, promote any commercial enterprise, or engage in any unlawful activity
  • You are authorized to post Comments on our website and have all necessary licenses and consents to do so
  • Your Comments do not infringe on any intellectual property rights, including copyrights, patents or trademarks, or any other proprietary rights of any 3rd party
  • The Comments do not contain defamatory, libelous, offensive, indecent or unlawful material, or material that could be construed as invasion of privacy

You hereby grant to RandyRowley.com a non-exclusive, royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

LINKING TO OUR CONTENT
The following organizations may link to our website without prior written approval:

  • Government agencies
  • Search engines
  • News organizations
  • Online directory distributors, when they list us in the directory, may link to our website in the same manner as they link to other listed businesses
  • Accredited schools and educational institutions
  • Online businesses with good intent, where a link would be assumed beneficial for both parties

We do not accept links from soliciting nonprofit organizations, charity shopping malls or charity fundraising groups without prior approval.

We may consider and approve, in our sole discretion, link requests from other types of organizations not listed above. Please contact us via email at: randchelan@gmail.com.

If you link to our site, you agree that your link is not in any way misleading and does not falsely imply sponsorship, endorsement or approval of the Service, and that it fits within the context and character of the Service and does not harm it in any way. No links may appear anywhere on your website that contain our content in a way that could be interpreted as libelous, obscene or criminal, or which infringes upon, violates, or advocates the violation of any 3rd party’s rights.

We reserve the right to disable or “disavow” any links to our Service at any time and/or to request that you remove all links to our Service. You agree to immediately remove all links to our Service upon such request.

PRODUCTS AND ORDERS
We use the best technologies available to us to ensure colors and images of our products appear accurately for you, but we cannot guarantee that your device will display the products accurately.

Product descriptions and pricing are subject to change at any time, and without notice, at our sole discretion.

We cannot warrant that anything purchased from our site, or any services offered, will meet your expectations, or that any errors in the Service will be corrected. All products are subject to return or exchange only according to our Return Policy.

We reserve the right to refuse orders by anyone and to limit the quantities of any product we offer.

You agree to provide complete and accurate account and/or order information for any purchase made. You further agree to keep your account and billing information current, so we can fulfill your transactions as efficiently as possible and contact you as necessary (usually by email).

3rd PARTY LINKS
There may be links within the Service that take you away from our Service and into another website or service, or there may be certain content, products or services found within our Service that include content or materials from 3rd parties.

We are not liable or responsible for 3rd party content or business practices. You must carefully review any 3rd party’s policies and practices and make sure you understand them before engaging in a transaction with them. They are independent of our Service. Any complaints, concerns, questions, or claims regarding 3rd party products or services must be directed to the 3rd party.

If you find any link on our Service objectionable for any reason, you may contact us about this at randchelan@gmail.com. We will consider requests to remove links but will be under no obligation to do so or to respond to you directly.

YOU MAY NOT…
A basic sense of decency should tell you not to do these things, but just be clear…

You may not use this Service or any of its content: a) for any unlawful purpose or to entice others to participate in any unlawful act; b) to infringe upon or violate the intellectual property rights of the Service or others; c) to harass, abuse, insult, or harm anyone in any way, including discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; d) to submit false or misleading information; e) to upload or transmit malicious code that may affect the operation or security of the Service; f) to collect or track anyone’s personal information; g) to spam, phish, pharm, pretext, spider, crawl, or scrape; or h) for any objectionable or immoral purpose.

We reserve the right to terminate your use of the Service for violating or abusing the Service in any way, including any of the above uses. We further reserve the right to prosecute you to the furthest extent of the law.

DISCLAIMER AND LIMITATION OF LIABILITY
We cannot warrant that your use of the Service will be uninterrupted, timely, secure, or error-free, or that your results from the use of this Service will be accurate or reliable.

We may remove the Service, in part or in whole, for indefinite periods of time or cancel the service at any time, without notice.

You understand and agree that your use, or attempted use, of the service is at your own risk.

Unless stated otherwise within the Service, all products and services we deliver to you are provided ‘as is’, 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.

R & D Rowley, LLC, our directors, employees or any affiliated 3rd parties or associated entities shall not 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 revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use 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. Liability shall be limited to the maximum extent permitted by state or local law.

INDEMNIFICATION
If you breach these Terms of Service, you agree to indemnify, defend and hold harmless R & D Rowley, LLC and any of its directors, employees or any affiliated 3rd parties or associated entities from any claim or demand (including reasonable attorney’s fees) arising from your actions.

SEVERABILITY
If any portion of these Terms of Service is determined to be unlawful or unenforceable, such portion shall be deemed severed from these Terms of Service, but it will not affect the validity and enforceability of all remaining portions.

TERMINATION
These Terms of Service are effective until terminated by either party. You may terminate these Terms of Service at any time by ceasing to use our Service. If we have reason to believe you have failed to comply with any of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination, and/or we may deny you access to our Services in whole or in part.

Any obligation or liability the parties incur prior to the termination of these Terms and Conditions shall remain in effect for all purposes.

GOVERNING LAW
These Terms of Service, our Privacy Policy, and any other agreements made as part of the Service, are governed by and construed under the laws of the United States of America and the state of Utah.

CONTACT INFORMATION
Questions about our site or Terms of Service should be directed to: randchelan@gmail.com.