TERMS OF USE
EFFECTIVE DATE: February 28, 2026
OVERVIEW
This website (https://www.scorchednebraska.com/) is owned and operated
by Scorched Nebraska, Inc. Throughout the Website (defined below) the
terms “Scorched Nebraska,” “we,”
“us,” and “our” refer to Scorched
Nebraska and its affiliates. These Terms of Use apply to any website or
application (as well as any features, widgets, plug-ins, content,
downloads or other services) that posts a link to this page
(collectively, the “Website”).
By visiting our Website and/or purchasing something from us, you engage
in our “Services” and agree to be bound by the
following terms of use (“Terms of Use,”
“Terms”), including our Privacy Policy
and any additional terms
and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Use apply to all users of the Website,
including without limitation users who are browsers, account holders,
vendors, customers, merchants, and/or contributors of content, as
applicable.
Please read these Terms carefully before using the Website. They apply to all users of the Website, regardless of whether you create an account or make a purchase on the Website.
By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms, our Privacy Policy, or any other legal notices, conditions or guidelines located within the Website, please exit our Website. If you have any questions regarding our policies or your use of our Website, please contact us by e-mail at info@scorchednebraska.com or by mail to Scorched Nebraska, PO BOX 520, Afton, WY 83110 Attn: Agnieszka Haladyj-Janota
Any new features or tools that are added to the current Website shall
also be subject to these Terms of Use. You can review the most current
version of these Terms of Use at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Use by
posting updates and/or changes to this Website and/or by notifying you
via e-mail. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the Website following
the posting or notification of any changes constitutes acceptance of
those changes.
ONLINE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and give us your consent to allow any of your minor dependents to use this Website. If you are under the age of majority in your jurisdiction, please exit now and do not use this Website.
You may not use our Website or products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of these Terms may result in an immediate termination of your access to the Services and/or Website.
OWNERSHIP OF WEBSITE CONTENT; TRADEMARKS
Unless otherwise noted, all photographs, pictures, graphics, product descriptions, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Website and all documentation, data, services, features, products and other content at the Website (collectively, “Website Content”) are protected by the copyright laws of the United States and other jurisdictions. All Website Content is owned by, or licensed to, Scorched Nebraska. Website Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Website Content owner.
Subject to and conditioned on your continued compliance with these Terms and all other terms and conditions that we may provide to you from time to time, Scorched Nebraska grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicenseable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Website Content found at this Website for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
All rights not expressly granted by Scorched Nebraska herein are reserved. Nothing on the Website or in these Terms of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Website Content or other materials of any third party, or may be construed to mean that Scorched Nebraska has the authority to grant any license on behalf of any third party.
Scorched Nebraska’s trademarks, including its name, logo, all page headers, graphics, images, symbols, trade names and other marks found at the Website are the proprietary property of Scorched Nebraska or its affiliates (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of us.
The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that we have authority to grant any right or license on behalf of any third-party trademark owner.
RESTRICTIONS, LIMITATIONS AND CONDITIONS OF USE
Any unauthorized use of our Services or Website Content for any purpose is prohibited. Your rights to use this Website and/or Services are given on the condition that you use the Website and Services in accordance with these Terms. You may not use the Website for any unlawful purpose and you may not:
• access, solicit, collect or use any personally identifying information about any other users of the Website or anyone else;
• restrict or inhibit others from using the Website;
• transmit to or introduce at the Website any worms, viruses or any code of a destructive nature, harmful software, or other modifications or changes to the Website or reverse engineer, decompile, disassemble, reverse assemble or modify any Website source or object code or any software or other services or processes accessible through any portion of the Website, Services or Website Content (to the extent such restriction is permitted under applicable law);
• submit, upload, email or otherwise transmit any content or other materials, to or through the Website that: a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others; or (c) has an advertising, political marketing, promotional or other commercial purpose;
• use any Website Content to train large learning models or in connection with any artificial intelligence input or output services;
• engage in any activities that interfere with another user’s access to the Website or the proper operation of the Website; or
• distribute or copy any Website Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Website Content; or use content from our Website in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.
We have no obligation to monitor your interaction with the Website but reserve the right to review or monitor the Website and any User Submissions (defined below) in our sole discretion.
CREATING AND TERMINATING ACCOUNTS
Some of the features on the Website may require or permit you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: you will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other rights of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Website using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in these Terms. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.
ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this Website is
not accurate, complete or current. The material on this Website is
provided for general information only and should not be relied upon or
used as the sole basis for making decisions. Any reliance on the
material on this Website is at your own risk. This Website may contain
certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the
right to modify the contents of this Website at any time, but we have no
obligation to update any information on our Website. You agree that it
is your responsibility to monitor changes to our Website.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products on our Website are subject to change without notice. We reserve the right at any time to modify or discontinue a product, the Services (or any part or Website Content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or any products on the Website.
CONTEST, SWEEPSTAKES AND OTHER PROMOTIONS
From time to time, Scorched Nebraska may conduct promotions on or through the Website, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have jurisdictional limitations, additional terms and/or rules of participations (“Promotion Rules”), which will be posted on the Website or otherwise made available to you. The Promotion Rules for each Promotion in which you participate are deemed incorporated into and form a part of these Terms. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input. You acknowledge and
agree that we provide access to such tools “as is” and “as available”
without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools. Any use by
you of the optional tools offered through the Website is entirely at
your own risk and discretion and you should ensure that you are familiar
with and approve of the terms on which tools are provided by the
relevant third-party provider(s). We may also, in the future, offer new
Services and/or features through the Website (including the release of
new tools and resources). Such new features and/or Services shall also
be subject to these Terms of Use.
THIRD-PARTY LINKS
Certain content, products and services available via our Services or Website may include materials from third-parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SOCIAL MEDIA CONTENT.
The following terms apply if you allow Scorched Nebraska to use photographs, videos, or other content that you post on social media accounts (your “Social Media Content”). We are granted a worldwide, non-exclusive, perpetual right, but not obligation:
• to reproduce, exhibit and otherwise use your Social Media Content on the Website;
• to edit your Social Media Content in connection with the foregoing.
You represent and warrant that:
• No person other than you appears or is mentioned in the Social Media Content
• You own the photograph or video or have all the rights to the Social Media Content;
• You actually used any products tagged, shown or mentioned in the Social Media Content.
• All statements or testimonials in your Social Media Content are true and accurate and represent your current opinion and/or experience; and
• You have the right to grant Scorched Nebraska the right to use your Social Media Content as set forth in these terms and such use by us will not violate the rights of any third party.
USER-GENERATED CONTENT
The Website may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by us and viewed by both general users and members of the Website. You understand that we do not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Website and these Terms; (ii) submitting, posting or publishing your User Submissions on or through the Website does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submissions to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.
You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Website for our commercial, marketing or any similar purpose, without your consent or as otherwise permitted under these Terms. By submitting a User Submission to us you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store User Submissions on our Website and servers and publish, copy, distribute and display such User Submissions in connection with the Website and Scorched Nebraska’s (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submissions.
In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage us or any third-party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam;” (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third-party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Website or any server, computer hardware, software or equipment. We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. We reserve the right to remove or revise Website Content and User Submissions without prior notice. We also reserve the right to decide whether Website Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a user’s ability to access and/or distribute such material in violation of these Terms at any time, without prior notice and at our sole discretion.
You understand that when using the Website, you will be exposed to User Submissions and third-party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third-party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Website Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Website;
3. a description of the location on the Website of the allegedly infringing material(s);
4. your address, telephone number, and e-mail address;
5. a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for notice of claims of infringement is:
Compliance Officer
Scorched Nebraska
615 Sky Mountain Rd, Smoot, WY, 83126
info@scorchednebraska.com
Phone: +1(307)384-2636
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at info@scorchednebraska.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the federal court of your jurisdiction and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, we shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, we will, in appropriate circumstances, terminate access, at our sole discretion, of any member or user that we find to be a repeat infringer of others copyrights. We may also, in our sole discretion, limit or fully terminate access to the Website of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
USER SUGGESTIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information provided by you to Scorched
Nebraska through the Website are not confidential and you grant us a
worldwide, royalty-free license to distribute, publish, modify, edit or
otherwise use your submissions. Scorched Nebraska shall be entitled to
the unrestricted use and dissemination of these submissions for any
purpose, commercial or otherwise without any acknowledgement of or
compensation to you.
PERSONAL INFORMATION
Your submission of personal information through the Website is
governed by our Privacy Policy, which can be viewed here:
Privacy Policy
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right, but not the obligation, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website, in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on
the Website and/or Services or on any related website, including without
limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Services or on any related
website, should be taken to indicate that all information on the
Website, in the Services or on any related website has been modified or
updated.
PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Use,
you are prohibited from using the Website or Website Content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial
or state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of
the Website, Services or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Website, Services or any related website,
other websites, or the Internet. We reserve the right to terminate your
use of the Website and Services or any related website for violating any
of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Website or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website or Services will be accurate or reliable. You agree that from time to time we may remove the Website or Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website and/or Services is at your sole risk. The Website, Services and all products and Services delivered to you through the Website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Scorched Nebraska, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state or country of residence. Certain jurisdictions have heightened consumer protection laws that may make certain portions of these Terms inapplicable to you. The provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state or country of residence. In any event, Scorched Nebraska reserves all rights, defenses and permissible limitations under the law of your state or country of residence.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Scorched Nebraska and
our parent, subsidiaries, affiliates, partners, officers, directors,
employees, agents, contractors, licensors, service providers,
subcontractors, and suppliers harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or
arising out of your use of the Website and/or Services, breach of these
Terms of Use or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Use is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Use, such determination shall not affect the validity and enforceability
of any other remaining provisions.
TERMINATION
These Terms of Use are effective unless and until terminated by either
you or us. You may terminate these Terms of Use at any time by notifying
us that you no longer wish to use our Services, or when you cease using
our Website.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Use, we also may
terminate these Terms of Use at any time without notice and you will
remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or
any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Use shall not constitute a waiver of such right or
provision. These Terms of Use and any policies or operating rules posted
by us on this Website or in respect to the Services constitutes the
entire agreement and understanding between you and us and governs your
use of the Services, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions of
the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be
construed against the drafting party.
GOVERNING LAW
These Terms of Use will be governed by and construed in accordance with the laws of the the State of Delaware, without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the person jurisdiction of the state courts located in [Wilmington, Delaware] and the federal courts located in [Wilmington, Delaware].
DISPUTE RESOLUTION; INFORMATION RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION / CLASS ACTION WAIVER
In order to expedite and control the cost of disputes, you and Scorched Nebraska agree that any legal or equitable claim relating to the use of the Services or the use of any programs from the Services (referred to as a “Claim”) will be resolved as follows:
Informal Resolution:
You and Scorched Nebraska will first attempt to resolve any Claim informally for a period of thirty (30) days after Scorched Nebraska’ receipt of written notice from you regarding any potential dispute. In the event that any dispute between Scorched Nebraska and you arises out of or relates to: (i) these Terms; (ii) the Services; or (iii) your account through the Services, you and we agree to try to promptly resolve any such dispute informally within such 30-day period. You must send the written notice describing the dispute to info@scorchednebraska.com.
Formal Resolution by Arbitration / Class Action Waiver.
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, Your use of the Services, or the purchase of any products from the Services, or the determination of the scope or applicability of arbitration shall be governed as set forth below.
If you and Scorched Nebraska cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and Scorched Nebraska understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Scorched Nebraska each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.
ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.
The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conducted under the American Arbitration Association Consumer Arbitration Rules (referred to as the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may, in Arbitration seek any and all remedies otherwise available to you pursuant to the law of the governing jurisdiction. If you decide to initiate Arbitration, Scorched Nebraska agrees to pay the Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration. You and Scorched Nebraska agree to pay equally the costs of the Arbitration proceedings, provided however, that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such higher amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with AAA Rules. The arbitration will be held at a location in Frisco, Collin County, Texas if possible, unless you and Scorched Nebraska both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Scorched Nebraska must do the following things:
1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can file a Demand for Arbitration at https://www.adr.org/ .
2. Send one copy of the Demand for Arbitration to the other party.
Special rules in the Arbitration Proceeding.
3. Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
4. Neither you nor Scorched Nebraska shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.
Accordingly, you and Scorched Nebraska agree that the AAA Class Action Rules do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such provision unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.
LIMITED TIME TO FILE CLAIMS
You agree that you will assert any Claim arising out of your use of
any Services or the purchase of any product from this Services, if
applicable, within one (1) year after the Claim arises, or such claim
will be barred.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Use at any
time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Use by posting updates and changes to
our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Use
constitutes acceptance of those changes.
EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION
NOTICE
If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence. If you are a New Jersey consumer, certain terms do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Scorched Nebraska reserves all rights, defenses and permissible limitations under the law of your state of residence.
GEOGRAPHIC LIMITATIONS
Scorched Nebraska controls and operates the Website in the United States. If you use our Website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Website may describe products and Services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Website and/or the provision of any Website Content, program, product, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Website Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Website are set forth in our Privacy Policy.
GENERAL CONDITIONS
We reserve the right to refuse or prohibit anyone from accessing or using the Website and/or Services for any reason at any time. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at
info@scorchednebraska.com.
Our contact information is:
Scorched Nebraska Inc
PO BOX 520, Afton, WY 83110
Attn: Agnieszka Haładyj-Janota