LEGAL

Terms of Use

Last Updated December 1, 2016

Welcome to Javelina

Thank you for visiting javelina.co. This website (“Site”) is owned and operated by Javelina (“Company,” “we,” “us,” or “our”). We provide information and resources to you through our Site, all of which are conditioned on your agreement to adhere to the following Terms of Use. These Terms of Use are subject to change at any time, without prior notice. You are responsible for regularly reviewing these Terms of Use for any changes.

By accessing our Site you are indicating your acknowledgment and acceptance of these Terms of Use.

We respect your privacy and security. By using our Site, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you represent that you are over the age of 13, as this Site is not intended for children under 13. If you are under 13 years of age, then please do not use our Site.

Copyrights and Intellectual Property

This Site and all contents are the property of the Company or its partners, affiliates, contributors or third parties, and are protected by copyright, trademark, and other intellectual property laws. You may not claim intellectual or exclusive ownership to our Site or any of its contents, products, or services. Our Site is provided for your personal non-commercial use. You may not use our Site or the materials available on our Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. You may not frame our Site; hyperlink to our Site; modify, copy, reproduce, republish, upload, post, transmit, translate, or distribute in any manner any content from our Site; without written permission from us. You may download and reprint content for non-commercial, non-public, personal use only, provided that you agree not to change the content from its original form. You are prohibited from using any logos and marks appearing throughout our Site without our express written permission.

By accessing our Site you are indicating your acknowledgment and acceptance of these Terms of Use.

We respect your privacy and security. By using our Site, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you represent that you are over the age of 13, as this Site is not intended for children under 13. If you are under 13 years of age, then please do not use our Site.

Acceptable Use Policy

As a user, you agree to use our Site and related products and services in a manner consistent with all applicable local, state and federal laws and regulations. Our Site prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. The following activities that are prohibited on or through our Site include but are not limited to engaging in activities or submitting materials or promoting information that: (a) infringes or violates the rights of others; (b) is unlawful, false, misleading, obscene, profane, indecent, threatening, defamatory, libelous, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (c) could be harmful to minors; (d) harasses or advocates harassment of another person; (e) involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, without their consent; (f) contain restricted or password only access pages, or hidden pages or images; (g) displays pornographic or sexually explicit material of any kind; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) contain viruses, Trojan horses, worms, or any other similar forms of malware; (j) solicit passwords or personally identifiable information for unlawful purposes from other users; (k) includes advertising, contests, and solicitations without our written consent; (l) uses any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in our Site or for any other unauthorized purpose without our prior written consent; (m) uses any device, software, or routine to interfere or attempt to interfere with the proper working of our Site; (n) restricts or inhibits any other user from using the services of our Site is also prohibited.

User Content, Blog and News

Our Site may feature third-party content creators and blog, news, and other types of articles that allow you to comment and share opinions. We do not endorse any opinions expressed by users of our Site, or make any representations or warranties about the truthfulness, accuracy, or reliability of any information, opinion, statement, or advice posted. We are not responsible for screening or monitoring material posted by users of our Site and will not be liable for any material submitted; however, we reserve the right to review, reject, delete, remove, modify, or edit any material at any time for any reason, without liability and without notice to you. When submitting material and making comments, you agree to do so in a manner that is consistent with our Acceptable Use Policy. Uploading copyrighted or other proprietary material of any kind on our Site without express permission from the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message may become public. You should not include any information in your posting that you do not want other parties to see or use and we will not be responsible for any third party’s use of information contained in such posting.

Copyright Infringement Policy and the Digital Millennium Copyright Act (DMCA Compliance)

It is our policy to promptly respond to, investigate, and process notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”). If you believe that material available on our Site, infringes on your copyright(s), you must provide a written DMCA notice and you are responsible for ensuring the delivery of the information to us. Notice of alleged infringement may be sent via email to the Designated Agent for our Site at info@javelina.co. Your notice must include the following information:

  1. Description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit us to find and positively identify that material;
  2. URL of the website page that you assert is infringing the copyrighted work(s) claimed to have been infringed;
  3. Your name, email address, and phone number so that we may contact you;
  4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  6. An electronic signature of the copyright owner or person authorized to act on their behalf

Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email. If any material infringes on the copyright of any offended party, we may remove the content, prevent access to it, terminate or block access for those responsible for the content, and/or any other action deemed appropriate. Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties. Please note that if you make any misrepresentation on the DMCA Notification, you are liable for damages and attorneys’ fees, as pursuant to federal law. If you are not sure if material on our Site infringes on your copyright, you should first consider seeking legal advice. Please note that we are unable to process DMCA notices that refer to material on third party websites.

Links to Other Websites

Our site may offer links to websites operated by various third parties and may let you share content with others through third-party social media applications such as Facebook, Twitter, Instagram, Pinterest, and YouTube. We provide such links for your convenience and reference only. We do not operate or control in any way any information, products or services available on such websites and make no representations about any other website you may access through our Site or that which may link to our Site. We are not responsible or liable for the terms, privacy practices, content, acts, activities, or omissions of such third parties and their websites. Use of any third-party website is at your own risk. Our inclusion of a link to a website does not imply any endorsement of the website, its contents, or products or services.

Disclaimers

We try to keep our Site accurate, reliable, safe, secure, and functioning properly, but cannot provide any guarantees. Our Site and all content and materials available on our Site are provided “as is” and “as available” and without warranties of any kind either express or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We reserve the right with or without notice to you at any time to change, modify or discontinue our Site or a portion of our Site, or the offering of any information, content, product or service, or features or functionality and will not be liable to you or any third party. We do not warrant that our Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of our Site, including any third-party applications and the servers that make it available, are free of viruses or other harmful components. We do not warrant or make any representations about the accuracy, reliability, completeness, or timeliness of the content, that errors will be corrected, or about the results to be obtained from using our Site or the content on it. We are not responsible for any errors or delays caused by an incorrect email address provided by you or any other technical problems.

The writings, thoughts, views, and experiences expressed in our Site are solely those of the Company and do not necessarily represent those of any other third party referenced on our Site.

Our Site may contain information, reviews, and opinions from external sources, none of which necessarily represent the views of the Company.

Our Site may provide recommendations and/or links to third party websites where you can purchase products and services. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these websites and/or their products and services.

Our Site may contain testimonials and/or stories regarding the outcome or performance of using a product or service. While great effort is made to ensure that they are factually honest, we are not liable for errors and omissions, nor can we provide any assurances that you will experience the same outcome. You must proceed with the knowledge that your outcome can differ from any shared on our Site.

Limitation of Liability

Use of our Site is at your own risk. In no event will our Site, Company, its members, officers, directors, employees, agents, licensors, suppliers, and/or third party information providers to our Site, be liable for any claims, incidental, consequential, direct, indirect, or other damages or injury (including but not limited to damages for loss of profits, business interruption, loss of programs or information) arising out of or in any way connected with the use or inability to use our Site or products or services; or for any information, products, or services obtained through our Site; or for any delay of such information, products or services; or for any reliance by a user on any information obtained from our Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance; even if our Site or its authorized representatives have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability, so this may not apply to you. In such jurisdictions, our liability is limited to the smallest extent possible by law.

Termination

We reserve the right, and without any prior notice, to terminate your access to our Site for any or no reason, including your breach of these Terms of Use or a violation of the rights of another user or the law. If you decide at any time that you no longer wish to receive communications from us, email us at info@javelina.co and request to be removed from our list. You are responsible for ensuring the delivery of the notice to us.

Dispute Resolution

Any cause of action, claim or controversy (“Dispute”) arising out of or relating to the use of our Site for which you may contend we are liable, must be instituted within one (1) year after the Dispute arises or be forever and permanently waived and barred. All Disputes shall be finally and exclusively settled confidentially by binding arbitration in Phoenix, Arizona under the Commercial Arbitration rules of the American Arbitration Association (“AAA”), from which arbitration there shall be no appeal. Binding arbitration means you give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. You acknowledge and agree that you and our Company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. The arbitration shall be held before one arbitrator, to be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of Arizona, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Arizona. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. Further, unless both you and our Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Your rights will be determined by a neutral arbitrator and not a judge or jury.

General

These Terms of Use, together with the Privacy Policy and any other legal notices published by us on our Site, shall constitute the entire agreement between you and us concerning our Site and supersedes any prior written or oral representations. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Service may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to our Company.

Questions Concerning These Terms of Use

If you have any questions or concerns about these Terms of Use, please contact us at info@javelina.co.

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Phoenix, AZ 85003
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