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Terms of Service

Last Updated: 05/09/2023

These Terms of Service (“Terms”) apply to your access to and use of the websites, online store and other online products and services (collectively, our “Services”) provided by The Real Grit. (“The Real Grit” or “we,” “us” or “our”).

By accessing or using any of our Services, you are entering into a binding agreement with The Real Grit and agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver in Section 12, If you do not agree to these Terms, do not access or use our Services.

We may make changes to these Terms from time to time. The “Last Updated” legend above indicates when these Terms were last changed. If we make future changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

Please refer to our Terms of Sale the terms, conditions and policies applicable to any purchases you make on or through our Services. By making a purchase on or through our Services, you agree to the Terms of Sale. These Terms are in addition to our Terms of Sale that govern your purchase of products from us. If you have any questions about these Terms or our Services, please contact us at customerservice@therealgrit.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

1. Eligibility

You must be at least 18 years of age and reside in the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. Further, if you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, including your password or login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. User Content

(a) Our Services may allow you to create, post and share content, including feedback, photos and videos (collectively, “User Content”).

(b) You grant The Real Grit a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your name, nickname or photos) may be visible to others.

(c) You may not create, post or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You are solely responsible for any User Content you make and its accuracy. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

4. Prohibited Conduct and Content

(a) You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Make any misrepresentations or provide any false or misleading information in connection with a purchase made through the Services;
  • Use or attempt to use another user’s account;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
  • Bypass or ignore instructions contained in our robots.txt file, which files we may modify or update at any time in our sole discretion, that controls automated access to portions of our Services; or
  • Use our Services for any fraudulent, illegal or unauthorized purpose, including to purchase firearms in a jurisdiction where such purchase is illegal, or engage in, encourage or promote any activity that violates these Terms.

(b) You may also post or otherwise share only User Content that is not confidential and that you have all necessary rights to disclose. You may not create, post or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose The Real Grit or others to any harm or liability of any type.

(c) Enforcement of this Section 4 is solely at The Real Grit’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

5. Limited License; Copyright and Trademark

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “The Real Grit Content”) are owned by or licensed to The Real Grit and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, The Real Grit and our licensors reserve all rights in and to our Services and the The Real Grit Content. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use our Services and The Real Grit Content for your own personal use; however, such license does not include any right to (a) sell, resell or commercially use our Services or The Real Grit Content; (b) copy, reproduce, distribute, publicly perform or publicly display The Real Grit Content, except as expressly permitted by us or our licensors; (c) modify the The Real Grit Content, remove any proprietary rights notices or markings or otherwise make any derivative uses of our Services or The Real Grit Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or The Real Grit Content other than for their intended purposes. Any use of the Services or The Real Grit Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

6. Feedback

From time to time, you might voluntarily provide us with questions, comments, suggestions, ideas, original or creative materials or other information you submit about The Real Grit or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in The Real Grit’s sole discretion. You understand that The Real Grit may treat Feedback as nonconfidential.

7. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless The Real Grit and our officers, directors, agents, suppliers and employees (individually and collectively, the “The Real Grit Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify The Real Grit Parties of any third-party Claims, cooperate with The Real Grit Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the The Real Grit Parties will have control of the defense or settlement, at The Real Grit's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Real Grit or the other The Real Grit Parties.

8. Disclaimers

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services.

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services are provided “as is” and “as available” 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. In addition, The Real Grit does not represent or warrant that our Services or any The Real Grit content are accurate, complete, reliable, current or error-free. While The Real Grit attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. When you use our Services, you assume the entire risk as to the quality and performance of the Services.

9. Limitation of Liability

(a) To the fullest extent permitted by applicable law, The Real Grit and the other The Real Grit Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, including relating to your use of or inability to use any products sold through the Services, even if The Real Grit or the other The Real Grit Parties have been advised of the possibility of such damages.

(b) The total liability of The Real Grit and the other The Real Grit Parties for any claim arising out of or relating to these Terms, our Services, regardless of the form of the action, shall in no event exceed ONE HUNDRED DOLLARS ($100.00) or the amount paid, if any, by you in connection with your access to or use of our Services.

(c) The limitations set forth in this Section 9 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of The Real Grit or the other The Real Grit Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10. Release

To the fullest extent permitted by applicable law, you release The Real Grit and the other The Real Grit Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to the acts or omissions of third parties. If you are a consumer who resides in California, you hereby expressly waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

11. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

12. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with The Real Grit and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

(a) No Representative Actions. You and The Real Grit agree that any dispute arising out of or related to these Terms or our Services is personal to you and The Real Grit and that any dispute will be resolved solely through individual arbitration, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b) Arbitration of Disputes. Except for small claims disputes in which you or The Real Grit seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or The Real Grit seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and The Real Grit waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, (“Disputes”)) resolved in court. Instead, for any Dispute that you have against The Real Grit you agree to first contact The Real Grit and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to The Real Grit by email at customerservice@therealgrit.com or by certified mail addressed to The Real Grit, Inc. ATTN: Customer Service, 2120 SW Badger Avenue, Suite #6, Redmond, OR 97756. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and The Real Grit cannot reach an agreement to resolve the Dispute within 30 days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Bend, Oregon. You and The Real Grit agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

(c) You and The Real Grit agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, The Real Grit, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(e) You and The Real Grit agree that for any arbitration you initiate, you will pay the filing fee and The Real Grit will pay the remaining JAMS fees and costs. For any arbitration initiated by The Real Grit, The Real Grit will pay all JAMS fees and costs. You and The Real Grit agree that the state or federal courts of the State of Oregon and the United States sitting in Bend, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and The Real Grit will not have the right to assert the claim.

(g) You have the right out opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12 by submitting a request to opt out via Certified Mail. In order to be effective, the opt-out notice must include your full legal name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.

(h) If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.

13. Governing Law and Venue

Any dispute arising from these Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Oregon, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Bend, Oregon.

14. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

15. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

16. Miscellaneous

(a) The failure of The Real Grit to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

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