Terms of Use
1. Ownership of site; Agreement to Terms of Use Toprut

1.1The Toprut website ("Toprut"), www.toprut.com, (the "Site") is owned and operated by Secure Outdoors LLC ("we" or "us" or "our"). For purposes of these Terms Of Use ("Terms of Use"), you may be referred to as "you" or "user". By using the Site, you agree to these Terms of Use; if you do not agree, do not use the site.

1.2Toprut reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Toprut grants you a personal, non-transferable, limited privilege to enter and use the Site. Toprut is for your personal use, and not for resale or commercial use under any circumstances.

2. Content

2.1All 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 Site is owned, controlled or licensed by or to Toprut, and may not be used without prior written consent from Toprut.

2.2 You may use information purposely made available by Toprut for downloading from the Site, provided that you (1) do 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.

2.3 Except as expressly provided in these Terms of Use, no part of the Site 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, Web site or other medium for publication or distribution or for any commercial enterprise, without Toprut’s express prior written consent.

3. Prohibited Use of the Site

3.1 You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Toprut reserves the right to bar any such activity.

3.2 You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Toprut server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

3.3 You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Toprut, including any Toprut account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

3.4 You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Toprut or others.

4. Links to Other Sites and to the Toprut Site

4.1. This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Toprut’s control, and Toprut is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

5. Disclaimers

5.1. TOPRUT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TOPRUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOPRUT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TOPRUT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TOPRUT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

5.2 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

5.3 Toprut reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

6. Limitation of Liability

6.1 Except where prohibited by law, in no event will Toprut be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Toprut has been advised of the possibility of such damages.

7. Indemnity

7.1 You agree to indemnify and hold Toprut, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Toprut by any third party due to or arising out of or in connection with your use of the Site.

8. Violation of These Terms of Use

8.1 Toprut may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Toprut’s rights or property, or the rights or property of visitors to or users of the Site, including Toprut’s members. Toprut reserves the right at all times to disclose any information that Toprut deems necessary to comply with any applicable law, regulation, legal process or governmental request. Toprut may also disclose your information when Toprut determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

8.2 You acknowledge and agree that Toprut may preserve any transmittal or communication by you with Toprut through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Toprut determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Toprut, its employees, members of or visitors to the Site, and the public.

If Toprut does take any legal action against you as a result of your violation of these Terms of Use, Toprut will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Toprut. You agree that Toprut will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Terms of Use
 
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