Casual Adventure’s Terms and Conditions
Last Updated September 27, 2021
1. Acceptance of Terms
New Generation, Inc ("Casual Adventure" or "we", "us", "our"), provides access to the Casual Adventure website, located at www.casualadventure.com (the "Site") in addition to our listing on Facebook Marketplace, Google Marketplace, Instragram Marketplace, and any other search engine or platform representing our company and it’s products. Your use of the Site is subject to your acceptance of this Website User Agreement ("Agreement").
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact Casual Adventure by e-mail before using the Site.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 21 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND CASUAL ADVENTURE ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
2. Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.
4. Use of the Site
Casual Adventure cannot and do not guarantee that the Site will be free of infection from viruses or other element that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.. You should implement sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
5. Risk: Internet Use
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY.
6. Paddling Safety Agreement
Get qualified instruction for the type of craft and equipment you will use and follow safe practices. In addition:
• Always wear a USCG-approved personal flotation device (PFD or life vest).
• Obtain certified first-aid training and carry rescue/safety equipment.
• Guard against hypothermia-dress appropriately for weather and water conditions.
• Be aware of river water levels, tidal changes, dangerous currents, underwater hazards, and weather changes.
• Never paddle in flood conditions and never paddle alone.
• Review your owner's information package periodically.
I UNDERSTAND THAT PADDLING INVOLVES CERTAIN RISKS INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY OR DEATH. I FREELY AGREE TO ASSUME FULL RESPONSIBILITY FOR THE RISKS INVOLVED.
7. No Warranties
CASUAL ADVENTURE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CASUAL ADVENTURE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, OTHER THAN THE MANUFACTURER’S PRODUCT GUARANTEE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
8. System Outages
Casual Adventure periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. Casual Adventure shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, to the fullest extent permitted by applicable law, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold Casual Adventure and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your misuse or abuse of the Site, or (ii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Casual Adventure’s defense of any claim. Casual Adventure reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Casual Adventure.
10. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content"), is the property of Casual Adventure and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary laws. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Casual Adventure.
You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site or the Content. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third party licensors. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Casual Adventure.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Casual Adventure or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any copyright owned by Casual Adventure or any third party.
11. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Casual Adventure respects the intellectual property rights of others and requires those that visit our web site to do the same. Casual Adventure may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. Casual Adventure also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe upon the copyrights of others, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please see our contact us via e-mail at ContactUS@CasualAdventure.com to report possible copyright infringement.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE: (II) THE COST TO PROCURE SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF CASUAL ADVENTURE OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CASUAL ADVENTURE ALSO SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY STATED IN THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CASUAL ADVENTURE’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO CASUAL ADVENTURE FOR THE USE OF THE SITE BY YOU, OR $5.00. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF CASUAL ADVENTURE, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
13. Your Account and Membership Obligations
In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.
You are responsible for maintaining the confidentiality of your password, account number, and Casual Adventure membership number (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Casual Adventure shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
14. Returns and Exchanges
You may return most new, unopened items within 30 days of delivery for a full refund. For a full description, please see our “Shipping and Returns” page.
15. Shipping Oversized Packages
Any large or oversize item will be shipped via LTL Freight. Even though flat rate shipping may appear as an option upon check out, flat rate shipping does NOT apply to oversized items (ie cargo boxes, some vehicle racks, boats, etc.) Additional freight may be charged at the discretion of management. Freight quotes will be provided via phone or e-mail, at which point you may proceed with additional payment or cancel.
16. Purchase and Product Pricing
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being slightly off, incorrect product information or otherwise, Casual Adventure shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Casual Adventure shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. If the User's credit card has already been charged for the purchase and his/her order is canceled, Casual Adventure shall issue a credit to the User's credit card account in the amount of the charge.
We reserve the right to cancel any order and/or prevent access by any person or entity to the Site at any time, with or without cause. By using this Site or purchasing products from the Site, you agree not to purchase products from the Site (a) intentionally for the purpose of resale, or (b) for direct shipment or export of such product to any third party, other than for the purposes of sending a personal gift to a third party. We reserve the right to limit the quantity of items purchased per person, per household or per order for any reason and, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling means purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) with a third party.
17. No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Casual Adventure has not reviewed all these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Casual Adventure does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
18. International Users
Casual Adventure makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The United States Postal Service does not have the ability to track international packages (including shipments to Canada).
19. User Feedback
20. Acceptable and Lawful Use of the Site
Any information provided to Casual Adventure in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Casual Adventure or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e. "Spam").
21. Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Casual Adventure will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
22. Miscellaneous Stuff: Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement; Shipping Via US Mail; Gift Card Terms & Conditions; Coupons and other promotional discounts
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Casual Adventure, at any time or times, to require performance of any provision hereof shall in no manner affect Casual Adventure’s right at a later time to enforce such provision. No delay or failure by Casual Adventure in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Casual Adventure. Casual Adventure may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Casual Adventure and you pertaining to the subject matter hereof.
In order to protect our customers Casual Adventure reserves the right to ship packages signature required. Please e-mail ContactUs@CasualAdventure.com if this creates a problem for you.
You cannot combine promotions such as coupon codes or discounts or gifts with purchase on the same order. You can only use one promotion per order.
Coupons and other promotional discounts may be in place, and certain exclusions may apply. Casual Adventure reserves the right to change its coupons and promotional discounts without notice to you or any of its customers.
23. Updates and Modifications
In its sole discretion, Casual Adventure may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Casual Adventure reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, e-mail us at ContactUs@CasualAdventure.com
Casual Adventure may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by e-mailing ContactUs@CasualAdventure.com or at 703-527-0600 (Monday - Friday 9:30am - 8:00pm, Saturday 9:30am – 6:00pm, Sunday 11:00am - 5:00pm EST).