Terms of Service

Last updated: October 30, 2024

GENERAL INFORMATION

The following Terms of Service (the “Agreement”) are important and require careful reading. Your acceptance of these “Terms of Service” signifies your agreement to be bound by them. This Agreement is between you and Low’s Adventure Website (hereinafter: “Site”, “us”, “we”, or “our”) and pertains to your use of our website, including any materials and services available therein, and any successor site(s) thereto (the “Site”).

BY USING THE SITE, YOU AGREE THESE TERMS OF SERVICE AND CONFIRM THAT YOU ARE OLDER THAN 16 YEARS. Any reference to “you” or “your” in this Agreement applies to the individual who uses the Site.

It is important to note that this Agreement includes a mandatory arbitration provision, which is further explained in Section 11 below. This provision requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. Therefore, please review this section carefully.

CHANGES

This Agreement may be amended by us periodically, and we will notify you of such changes through any reasonable means, which may include posting a revised Agreement on the Site. Any changes made will not apply to any disputes between you and us that arose prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

By using the Site after any changes to this Agreement, you agree to be bound by the revised terms, and such continued use will be deemed an irrefutable presumption of your acceptance of the changes. The date of the last update to this Agreement is indicated by the “Last Updated” legend above.

We reserve the right to modify or discontinue all or part of the Site (including access through any third-party links), and we may charge, modify, or waive any fees required to use the Site, which will remain free for the foreseeable future. Additionally, we may offer opportunities to some or all Site users at any time without incurring any liability.

INFORMATION SUBMITTED THROUGH THE SITE

The submission of information through the Site is subject to the Low’s Adventure Website Privacy Policy, which can be found at https://lowsadventure.io/privacy-policy/ (referred to as the “Privacy Policy”). By using the Site, you acknowledge and agree to the Privacy Policy.

You affirm that any information you provide in connection with the Site is accurate and complete, and you commit that you will maintain and update such information as needed. If there are any discrepancies between the provisions of this Agreement and the Privacy Policy regarding personal data, the provisions of the Privacy Policy will take precedence.

JURISDICTIONAL ISSUES

The Site is both controlled and operated from within the European Economic Area, and is not intended to make us subject to any law or jurisdiction outside of this area. Please note that the Site may not be suitable or accessible for use in certain jurisdictions. By using the Site, you assume all risks and responsibilities, and you are responsible for complying with all applicable laws, regulations, and rules.

We reserve the right to restrict or limit access to the Site, in part or in full, to any person, geographic location, or jurisdiction of our choosing, at any time.

RULES OF CONDUCT

To use the site, you agree to comply with the following rules:

  • You must not post, transmit, or make available any material through or in connection with the Site that may threaten, harass, degrade, intimidate, defame, libel, fraudulently misrepresent, or violate the rights and dignity of others; is obscene, indecent, pornographic, or otherwise objectionable; or is protected by intellectual property rights without the owner’s express prior written consent.
  • You must not use the site for any commercial purpose that is not authorized by the Low’s Adventure Website or for any fraudulent, tortious, or unlawful purpose.
  • You may not collect information about site users except as permitted by the Privacy Policy.
  • You must not interfere with or disrupt the site’s operation or the servers or networks used to make the site available. This includes hacking or defacing any part of the site or violating any server or network requirement, procedure, or policy.
  • You must not restrict or inhibit any other person from using the site.
  • You may not reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of the site without our express prior written consent.
  • You may not reverse engineer, decompile, or disassemble any portion of the site, except where such restriction is expressly prohibited by applicable law.
  • You must not remove any copyright, trademark, or other proprietary rights notice from the Site.
  • You may not frame or mirror any portion of the site or incorporate any portion of the site into any product or service without our express prior written consent.
  • You may not systematically download and store site content.
  • You may not use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather site content, or reproduce or circumvent the navigational structure or presentation of the site, without our express prior written consent.
  • You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications, and other services needed to use the site.

MONITORING

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site. Additionally, we may analyze your use of and access to the Site.

We may disclose information regarding your use of and access to the Site, including the circumstances surrounding such use and access, to anyone for any reason or purpose, without prejudice to the Privacy Policy.

THIRD-PARTY MATERIALS: LINKS

Certain Site functionality may provide access to Third Party Materials, such as information, products, services, advertisements, and promotions offered by third parties through techniques such as iFrames, or allow for the transmission of such materials via links. By using this functionality, you are instructing us to access, route, and transmit to you the applicable Third Party Materials.

We do not control or endorse Third Party Materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, nor are we responsible for any intellectual property rights associated with such materials. Some Third Party Materials may be inaccurate, misleading, or deceptive. This Agreement does not represent or guarantee any Third Party Materials, including cookies or web beacons for any purpose. We are not obliged to monitor Third Party Materials, and we may block or disable access to any such materials through the Site at any time. The availability of Third Party Materials on the Site does not imply our endorsement of or affiliation with any provider of such materials, nor does it create any legal relationship between you and any such provider.

ATTENTION: YOU WILL USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH MATERIALS, SUCH AS THE TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH MATERIALS.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) Low’s Adventure WEBSITE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.

Although we strive to keep the Site timely, secure, and accurate, it cannot guarantee that the Site will remain updated, complete, correct, or secure or that access to the Site will be uninterrupted. The Site may contain errors, inaccuracies, and materials that violate this Agreement, and unauthorized third-party alterations to the Site may occur. If you become aware of any such alteration, please contact us at [email protected] and provide a description of the alteration and its location on the Site.

FILTERING

Please be informed that there are commercially available parental control protections (such as computer hardware, software or filtering services) that may aid you in restricting access to material that is harmful to minors. You may access information regarding current providers of such protections from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.

Please note that the Low’s Adventure Website does not endorse any of the products or services listed on the aforementioned site.

INFORMATION OR COMPLAINTS

If you have any inquiries or grievances regarding the Site, you may complete our contact form at https://https://lowsadventure.io/contact-us or send an email to [email protected].

COPYRIGHT INFRINGEMENT CLAIMS

In the event that you believe that one of materials available on the Site violate your copyright, you (or your agent) may send us a written notice by courier, mail, or e-mail requesting that we remove such materials or block access to them. Similarly, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us an email at [email protected].

We recommend that you seek the advice of your legal counsel before filing any notice or counter-notice.

MISCELLANEOUS

This Agreement shall not create, and should not be construed as creating, any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the Low’s Adventure Website. In the event that any provision of this Agreement is deemed unlawful, void, or unenforceable for any reason, that provision shall be considered separate from this Agreement, and its removal shall not impact the validity or enforceability of any remaining provisions. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express written consent. We, however, reserve the right to assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without any restrictions.

The waiver of any breach or default under this Agreement by either party will not be considered a waiver of any previous or subsequent breaches or defaults. All defined terms used in the singular form shall have the same meaning when used in the plural form, where applicable, and unless otherwise specified. Any instances of the term “including” or its variations in this Agreement should be interpreted as if followed by the phrase “without limitation.”

This Agreement, along with any terms and conditions incorporated herein, constitutes the entire agreement between you and Low’s Adventure Website pertaining to the subject matter, and supersedes any prior written or oral agreements or understandings between you and Low’s Adventure Website regarding the same. Any notices to you, including notifications of changes to this Agreement, may be sent via e-mail or regular mail, or by posting them on the Site (including through links). For the avoidance of doubt, a printed version of this Agreement and any electronically transmitted notices will be admissible in judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records generated and maintained in printed form.

Low’s Adventure Website shall not be liable for any failure to fulfill any obligation due to any cause beyond its control.