Agreement between User and Backcountry Fuel
Welcome to www.backcountryfuelbox.com. The www.backcountryfuelbox.com website (the "Site") is comprised of various web pages operated by Backcountry Fuel LLC ("Backcountry Fuel Box or BFB"). www.backcountryfuelbox.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.backcountryfuelbox.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.backcountryfuelbox.com is a subscription box service and e-commerce site.
Backcountry Fuel Box is a monthly product subscription service. Backcountry Fuel sells backpacking meals, snacks, and other consumable fuels. All products are manufactured by other companies. Backcountry Fuel merely provides an e-commerce and subscription services to these snacks and meals. Backcountry Fuel Box is not responsible for determining if products are suitable for your use and consumption. We are not able to provide any assurance against any types of food allergies. Backcountry Fuel Box for any loss or damage caused by your use of the Products or your reliance on the information in any Content on this Website.
Lifetime Giveaway Term
Eligibility: Lifetime Giveaway (the Giveaway) is open only to subscribers of the first Backcountry Fuel Box. The Giveaway is only available to legal US residents living within the US and is void where prohibited by law. Employees of Backcountry Fuel LLC (the “Sponsor”) or employees of its partners (partner companies) and their immediate family members and/or those living in the same household of each are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Backcountry Full, as final and binding as it relates to the content. The Giveaway is subject to all applicable federal, state and local laws.
Giveaway Period: Entries will be accepted February 22nd 2018 through March 15th 2018 at 18:00 MST.
How to Enter: To be entered in to the Lifetime Subscription giveaway you must sign up and pay for your first box. Entries that are not completed or unable to process due to card error will not be eligible to win the prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Backcountry Fuel. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Backcountry Fuel
Prize: Winner will receive a Lifetime subscription to Backcountry Fuel Box at or equal to the equivalent of the current box valued at ($29.97) The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Backcountry Fuel to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Winner selection and notification: Winner of the Giveaway will be selected at random under the supervision of the Sponsor. A Golden ticket will be placed into the winners box and shipped to him or her. Winner will also be notified via email within five (5) days following the winner selection. Backcountry Fuel shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Rights Granted by you: By entering this content you understand that Backcountry Fuel, anyone acting on behalf of Backcountry Fuel, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
Terms: Backcountry Fuel reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Backcountry Fuel may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Backcountry Fuel. Backcountry Fuel reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Limitation of Liability: By entering you agree to release and hold harmless Backcountry Fuel and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network,
hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF United States AND il, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in il having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Backcountry Fuel LLC 280 W Kagy BLVD STE D262 Bozeman MT 59718, United States. Requests must be received no later than March 15 1:50:03 UTC 2018.
Sponsor: The Sponsor of the Sweepstakes is Backcountry Fuel LLC 280 W Kagy BLVD STE D262 Bozeman MT 59718, United States.
Visiting www.backcountryfuelbox.com or sending emails to Backcountry Fuel Box or BFB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Backcountry Fuel Box or BFB is not responsible for third party access to your account that results from theft or misappropriation of your account. Backcountry Fuel Box or BFB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen:
Backcountry Fuel Box or BFB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.backcountryfuelbox.com only with permission of a parent or guardian.
THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US
BFB offers two subscription types: re-billable monthly subscriptions (“Monthly Subscription”); and prepaid gift subscriptions of three months (“Gift Subscriptions”).
By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. To cancel your Monthly Subscription at any time, you must login to your account and follow the cancellation procedures or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. Backcountry Fuel Box may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before BFB reasonably could act.
For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable, non-transferable, and non-sellable.
You may cancel or pause your subscription at any time. Cancelations must be made online 24 hours before the ship date to qualify for a refund. Please allow 2-3 business days before ship date to cancel via email. Pausing your account will pause your subscription for one month, after the one month pause your account will return to the original monthly schedule. Please contact email@example.com for any questions regarding cancelations or subscription pauses.
Links to Third Party Sites/Third Party Services:
www.backcountryfuelbox.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Backcountry Fuel Box or BFB and Backcountry Fuel Box or BFB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Backcountry Fuel Box or BFB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Backcountry Fuel Box or BFB of the site or any association with its operators.
Certain services made available via www.backcountryfuelbox.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.backcountryfuelbox.com domain, you hereby acknowledge and consent that Backcountry Fuel Box or BFB may share such information and data with any third party with whom Backcountry Fuel Box or BFB has a contractual relationship to provide the requested product, service or functionality on behalf of www.backcountryfuelbox.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property:
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Backcountry Fuel Box or BFB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Backcountry Fuel Box or BFB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Backcountry Fuel Box or BFB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Backcountry Fuel Box or BFB or our licensors except as expressly authorized by these Terms.
Use of Communication Services:
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Backcountry Fuel Box or BFB has no obligation to monitor the Communication Services. However, Backcountry Fuel Box or BFB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Backcountry Fuel Box or BFB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Backcountry Fuel Box or BFB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Backcountry Fuel Box or BFB's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Backcountry Fuel Box or BFB does not control or endorse the content, messages or information found in any Communication Service and, therefore, Backcountry Fuel Box or BFB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Backcountry Fuel Box or BFB spokespersons, and their views do not necessarily reflect those of Backcountry Fuel Box or BFB.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.backcountryfuelbox.com or Posted on Any Backcountry Fuel Box or BFB Web Page
Backcountry Fuel Box or BFB does not claim ownership of the materials you provide to www.backcountryfuelbox.com (including feedback and suggestions) or post, upload, input or submit to any Backcountry Fuel Box or BFB Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Backcountry Fuel Box or BFB, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Backcountry Fuel Box or BFB is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Backcountry Fuel Box or BFB's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts:
You will be able to connect your Backcountry Fuel Box or BFB account to third party accounts. By connecting your Backcountry Fuel Box or BFB account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Backcountry Fuel Box or BFB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Backcountry Fuel Box or BFB Content accessed through www.backcountryfuelbox.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Backcountry Fuel Box or BFB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Backcountry Fuel Box or BFB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Backcountry Fuel Box or BFB in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver:
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Backcountry Fuel Box or BFB agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BACKCOUNTRY FUEL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BACKCOUNTRY FUEL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BACKCOUNTRY FUEL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Backcountry Fuel Box or BFB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Montana and you hereby consent to the exclusive jurisdiction and venue of courts in Montana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Backcountry Fuel Box or BFB as a result of this agreement or use of the Site. Backcountry Fuel Box or BFB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Backcountry Fuel Box or BFB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Backcountry Fuel Box or BFB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Backcountry Fuel Box or BFB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Backcountry Fuel Box or BFB with respect to the Site. A printed version of this agreement 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms:
Backcountry Fuel Box or BFB reserves the right, in its sole discretion, to change the Terms under which www.backcountryfuelbox.com is offered. The most current version of the Terms will supersede all previous versions. Backcountry Fuel Box or BFB encourages you to periodically review the Terms to stay informed of our updates.
Backcountry Fuel Box or BFB welcomes your questions or comments regarding the Terms:
Backcountry Fuel LLC
280 W Kagy BLVD STE D262
Bozeman, Montana 59715