Terms of Use for Mysteryranchs
Welcome to Mysteryranchs (“we”, “us”, or “our”), the official website for purchasing purpose-driven backpacks and gear (“Products”) and accessing related content, services, and features (collectively, the “Services”). These Terms of Use (“Terms”) govern your access to and use of our website (the “Site”) and Services. By accessing or using the Site or Services, you (“you” or “user”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase. If you do not agree to these Terms, please do not use the Site or Services.
1. Eligibility to Use the Site and Services
1.1 Age Requirement
You must be at least 13 years of age to use the Site and Services. If you are under 18 years of age, you may use the Site and Services only with the consent and supervision of a parent or legal guardian, who shall be responsible for your compliance with these Terms. By using the Site or Services, you represent and warrant that you meet these eligibility requirements.
1.2 Account Registration (If Applicable)
To access certain features of the Site (e.g., placing orders, tracking orders, saving preferences), you may need to create an account. When registering an account, you agree to provide accurate, current, and complete information (including your name, email address, and other requested details) and to update this information as needed to keep it accurate. You are responsible for maintaining the confidentiality of your account username and password and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or a breach of security. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.
2. Permitted Use of the Site and Services
You may use the Site and Services solely for the following lawful purposes:
- Browsing the Site to learn about our Products, services, and brand.
- Placing orders for Products in accordance with our Terms of Purchase.
- Accessing and using account-related features (if you have an account) to manage orders, update personal information, and track deliveries.
- Contacting our customer support team with inquiries, feedback, or requests related to the Site, Products, or Services.
- Engaging with interactive features (e.g., leaving product reviews, participating in surveys) in a respectful and compliant manner.
3. Prohibited Conduct
You agree not to use the Site or Services for any unlawful, unauthorized, or improper purpose, and to refrain from engaging in the following conduct:
- Violating Laws or Rights: Using the Site or Services in violation of applicable local, state, national, or international laws, regulations, or treaties; infringing on the intellectual property rights (including copyrights, trademarks, patents, or trade secrets) of Mysteryranchs or any third party.
- Misusing Content: Copying, reproducing, modifying, distributing, transmitting, displaying, performing, or selling any content on the Site (including text, images, logos, product descriptions, and design elements) without our prior written permission, except as expressly permitted by these Terms or applicable law.
- Disrupting the Site: Interfering with or disrupting the operation of the Site or Services (e.g., through hacking, viruses, malware, spyware, or other malicious code); overloading, crashing, or damaging the Site’s servers or networks; or bypassing security measures or access controls.
- Fraudulent or Deceptive Activity: Providing false, misleading, or inaccurate information when creating an account, placing an order, or contacting customer support; using the Site to commit fraud (e.g., identity theft, credit card fraud, or placing fake orders); or impersonating another person or entity.
- Harassing or Abusive Behavior: Posting, transmitting, or sharing content that is harassing, threatening, abusive, defamatory, obscene, vulgar, discriminatory, or otherwise offensive; engaging in conduct that harms, intimidates, or violates the rights of other users or our team members.
- Unauthorized Access: Attempting to access areas of the Site or Services that are not intended for public use (e.g., administrative portals, customer data databases) or accessing another user’s account without permission.
- Other Improper Use: Using the Site or Services in a way that could damage, disable, overburden, or impair the Site, or interfere with other users’ access to the Site; using automated tools (e.g., bots, scrapers) to collect data from the Site without our prior written consent.
4. Intellectual Property Rights
4.1 Ownership of Site Content
All content on the Site, including but not limited to text, images, photographs, graphics, logos, trademarks, service marks, product names, design elements, and software (collectively, the “Content”), is the exclusive property of Mysteryranchs or our licensors and is protected by applicable intellectual property laws (e.g., copyright, trademark, and patent laws). The “Mysteryranchs” name and logo, as well as other brand names and marks used on the Site, are trademarks of Mysteryranchs and may not be used without our prior written permission.
4.2 Limited License to Use Content
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and view the Content on the Site solely for your personal, non-commercial use in connection with using the Site and Services. This license does not allow you to modify, distribute, reproduce, publish, sell, or exploit any Content for commercial purposes or any other unauthorized use. All other rights in the Content are reserved by Mysteryranchs or our licensors.
5. User-Generated Content (If Applicable)
If the Site allows you to submit, post, or share content (e.g., product reviews, comments, feedback, or photos) (“User-Generated Content” or “UGC”), you agree to the following:
- You are the sole owner of the UGC or have obtained all necessary rights, permissions, and consents from third parties to submit the UGC and grant the rights described below.
- The UGC does not violate any laws, regulations, or third-party rights (e.g., intellectual property rights, privacy rights, or publicity rights) and does not contain any harassing, threatening, defamatory, or otherwise offensive content.
- By submitting UGC, you grant Mysteryranchs a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, and perform the UGC in connection with the Site, Services, and our business operations (e.g., promoting Products, sharing reviews on social media, or improving our services).
- We reserve the right to review, moderate, edit, or remove any UGC at our discretion, without prior notice, if we believe it violates these Terms, is inappropriate, or could harm our brand or users. We are not obligated to store or maintain UGC and may delete it at any time.
6. Third-Party Links and Services
The Site may contain links to third-party websites, services, or resources (collectively, “Third-Party Content”). These links are provided for your convenience only and do not constitute an endorsement or approval by Mysteryranchs of the Third-Party Content. We have no control over the content, privacy policies, or practices of third-party websites or services, and we are not responsible for any loss or damage arising from your use of Third-Party Content. You access Third-Party Content at your own risk and should review the terms of use and privacy policies of any third-party websites before using them.
7. Disclaimers of Warranties
7.1 Limited Warranty for Products
Our Products are subject to the warranties (if any) specified in our Terms of Purchase. Except as expressly stated in the Terms of Purchase, we make no warranties regarding the Products, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 Disclaimer for Site and Services
The Site and Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. Mysteryranchs disclaims all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Warranties that the Site or Services will be error-free, uninterrupted, secure, or available at all times.
- Warranties that the Content on the Site is accurate, complete, or up-to-date.
We do not warrant that the Site or Services will meet your specific requirements or that any errors in the Site or Services will be corrected. Your use of the Site and Services is at your own risk.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Mysteryranchs shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including but not limited to lost profits, loss of data, loss of use, or damage to reputation) arising out of or related to:
- Your use of or inability to use the Site, Services, or Content.
- Any UGC submitted by you or other users.
- Third-Party Content or your use of third-party websites or services linked from the Site.
- Errors, omissions, interruptions, or delays in the Site or Services.
- Unauthorized access to or use of your account or personal information.
- The purchase, use, or inability to use our Products (except as provided in our Terms of Purchase).
Our total liability to you for any claims arising out of or related to these Terms, the Site, or Services shall not exceed the greater of $100 or the amount you paid to us for Products or Services in the 12 months prior to the claim. This limitation of liability applies regardless of the legal theory (e.g., contract, tort, negligence) under which the claim is brought.
9. Indemnification
You agree to indemnify, defend, and hold harmless Mysteryranchs, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Site, Services, or Content.
- Your violation of these Terms, applicable laws, or third-party rights.
- Any UGC you submit.
- Your purchase or use of our Products.
- Any fraudulent, deceptive, or unlawful conduct by you.
10. Termination
We reserve the right to terminate or suspend your access to the Site, Services, or your account (if applicable) at our sole discretion, without prior notice, if we believe you have violated these Terms, engaged in unlawful or improper conduct, or for any other reason we deem necessary to protect our brand, users, or business. Upon termination, your right to use the Site and Services will immediately cease, and you must discontinue all use of the Site and Services.
Sections 4 (Intellectual Property Rights), 7 (Disclaimers of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law and Disputes), 12 (Changes to These Terms), and 13 (General Provisions) shall survive the termination of these Terms.
11. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., Utah, USA], without regard to its conflict of laws principles. Any disputes arising out of or related to these Terms, the Site, or Services shall first be resolved through good-faith negotiation with our customer support team. If negotiation fails, the dispute may be submitted to arbitration or litigation in the courts of [Insert State/Country], as required by applicable law.
12. Changes to These Terms
We may update these Terms of Use from time to time to reflect changes in our business practices, legal requirements, or industry standards. When we make changes, we will revise the “Last Updated” date at the top of this document and post the updated Terms on the Site. We encourage you to review these Terms periodically to stay informed about how we govern the use of the Site and Services.
Your continued use of the Site or Services after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site and Services immediately.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and Terms of Purchase, constitute the entire agreement between you and Mysteryranchs regarding your use of the Site and Services, and supersede all prior or contemporaneous agreements, understandings, or communications (whether oral or written) between you and us.
13.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent of the parties.
13.3 Waiver
Our failure to enforce any provision of these Terms or to act in response to a breach shall not constitute a waiver of that provision or any other provision of these Terms. A waiver of any provision shall only be effective if in writing and signed by an authorized representative of Mysteryranchs.
13.4 Assignment
You may not assign or transfer these Terms or your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms or our rights or obligations under these Terms to any third party at our discretion, including in connection with a merger, acquisition, or sale of assets.