Introduction

Welcome to DarbyPit.com, an online platform specializing in the sale and delivery of gravel and other earth products in the Teton Valley area. By using our website and services, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern DarbyPit.com’s relationship with you in relation to this website.

Please read these terms of service carefully before using our website or services. If you disagree with any part of these terms and conditions, please do not use our website or services.

Services

Darby Pit LLC, owner of DarbyPit.com provides a platform for customers to purchase and arrange delivery of gravel and other earth products. We strive to ensure product quality, accurate descriptions, and reliable delivery.

User Obligations

By using our website and services, you agree to:

1. Provide accurate and complete information when setting up your account and making a purchase.
2. Not to share your login credentials with any third party.

Sales and Refunds

All sales are final, subject to our refund policy. Please refer to our refund policy for more information on how to request a refund.

Liability Limitations

Darby Pit LLC, Owner of DarbyPit.com will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of our website or services. This includes but is not limited to, damages for loss of profits, property damage, or other such incidents.

Intellectual Property

The content, logo, graphics, and other materials on this website are owned by or licensed to DarbyPit.com. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Changes to Terms of Service

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of DarbyPit.com following the posting of changes to these terms will mean you accept those changes.

Contact

If you have any questions regarding these Terms of Service or your use of the Website, please contact us, or email [email protected].

Thank you for choosing DarbyPit.com.

Terms of Use

This web page represents a legal document and is the Terms of Use (this “Agreement“) for our websites, https://darbypit.com (the “Websites“). The Websites are owned by Darby Pit, LLC (“Darby Pit“), a Idaho limited liability corporation, of the Internal Revenue Code and headquartered in Driggs, Idaho.  Darby Pit™ is an assumed name and a service business.  This Agreement contains terms (the “Terms“) that govern your use of the Websites. By accessing or using the Websites, you accept the Agreement in full, including but not limited to the Terms herein, as well as all policies posted on the Websites from time to time. Your access to and use of these Websites is conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Websites, you agree to fully comply with and be bound by this Agreement each time you access or use the Websites. Please review the following terms carefully. The Websites offer, among other things, content and opportunities for engagement in the Websites program (the “Services”).

Definitions

The terms “us” or “we” or “our” refers to Darby Pit (Websites). A “Visitor” is someone that merely browses our Websites. A “Registrant” is someone who has registered with our Websites to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Registrant. As used herein, “you” are the person agreeing to these Terms. All text, information, graphics, design, and data offered through our Websites or Services, whether produced by our Registrants or by us, are collectively known as our “Content”.   We distinguish content posted by our Registrants as “Registrant Content.”

Acceptance of Agreement

This Agreement is between you and Darby Pit. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITES CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITES IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER. Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Darby Pit, and supersedes all other Agreements, representations, warranties, and understandings with respect to our Websites, Services, and the subject matter contained herein. However, in order for you to use our Websites and/or Services, you may also be required to agree to additional Terms. Those additional Terms will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without providing notice to you. The latest Agreement will be posted on our Websites, and you should review this Agreement prior to using our Websites. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Websites. If you have already accessed our Websites and do not accept this Agreement, you should immediately discontinue the use of our Websites and Services.

Limited License

Websites grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Websites and Services strictly in accordance with this Agreement. Your use of our Websites and Services are solely for internal, personal, non-commercial purposes unless otherwise provided in this Agreement, and cannot be used for purposes that are not aligned with the charitable purposes of Websites.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Websites, Content, Services, and any software provided therein. Without limitation, you must not use this portal to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software, and you must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to the Websites without our written consent.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Darby Pit.

Our Intellectual Property

Our Websites may contain our service marks or trademarks as well as those of third parties, in the form of words, graphics, and logos. Your use of our Websites or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Darby Pit. Our Content, as found within our Websites and Services, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content, without such written permission is strictly prohibited. Your use of our Websites and Services does not grant you any ownership rights in or to our Content.

Digital Millennium Copyright Act Compliance

Our Websites will respond quickly to claims of copyright infringement found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (the “DMCA“) (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with written notice at [email protected] that contains the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work you claim has been infringed;
• A description of where the material you claim is infringing is located on our Websites;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.

Eligibility and Registration

To use our Services or portions of the Websites, you may be prompted to register by providing information about yourself. Your registration is not transferable or assignable and is void where prohibited. Our Websites and Services are intended solely for Users who are at least eighteen (18) years of age or older. Any registration by, use of or access to our Websites by anyone under such age, is unauthorized, unlicensed, and in violation of these Terms. By using our Websites and/or Services, you represent and warrant that you are eighteen (18) years of age or older and that you agree to and to abide by all of the Terms of this Agreement. Websites has the sole right and discretion to determine whether to accept a Registrant and may reject a Registrant’s registration, with or without explanation.

Passwords

When you undergo the registration process, you may receive a user ID and password that will allow you to access our Services. You agree to maintain the confidentiality of your user ID and password and are fully responsible for all liability and damages resulting from your failure to maintain such confidentiality and all activities that occur through the use of your user ID and password. You agree to immediately notify us of any unauthorized use of your user ID and password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein. We may disable your user ID and/or password at our sole discretion, without notice or explanation.

Content Disclaimer

The opinions expressed on our Websites are not necessarily the opinions of Websites. Any posting provided by third parties shall not be attributed to Websites, and Websites does not condone any third-party content that maligns any religion, ethnic group, club, organization, company, individual, or anyone or anything. You agree to contact Websites immediately if you believe a third party has posted anything in violation of this principle. Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Websites. Registrants are responsible for their own content, where applicable. We reserve the right to make alterations or deletions to Content or third-party postings at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Websites will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Websites will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of our Websites or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information, images, or other content appearing on our Websites or Services.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained on our Websites shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Websites or our Registrants. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained on our Websites or in our Services.

Advertisers and Sponsors Disclaimer

Our Websites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Websites is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials. THE INCLUSION OF THIRD-PARTY ADVERTISEMENTS OR SPONSORSHIPS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY WEBSITES AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party products or service providers (“Merchants“) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITES. All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant website. We are not responsible for information provided by you to Merchants. Our relationship with Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

Darby Pit is not responsible or liable in any manner for any Content posted on our Websites or in connection with our Services, whether posted or caused by Registrants of our Websites, or by Websites. Although we provide rules for Registrant conduct and postings, we do not control and are not responsible for what Registrants post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on our Websites or Services. Websites is not responsible for the conduct, whether online or offline, of any user of our Websites or Services.

Our Websites or Services may be temporarily unavailable from time to time for maintenance or other reasons. Websites assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, Registrant communications. Websites is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Registrant’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Websites or Services, including without limitation any software provided through our Websites or Services. Under no circumstances will Darby Pit be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Websites or Services, or any interactions between Users of our Websites or Services, whether online or offline. Websites reserves the right to change any and all Content, software and other items used or contained in our Websites or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Websites,, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITES AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DARBY PIT, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITES OR SERVICES. DARBY PIT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. DARBY PIT DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITES OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DARBY PIT. OUR WEBSITES AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITES OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Websites, as well as all our contractors, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Websites or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Websites or Services, (d) your use of our Websites our Content, (e) the content contained on our Websites or Services, or (f) any delay or failure in performance of our Websites and Services beyond our control. IN NO EVENT WILL Websites OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITES, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITES OR SERVICES, EVEN IF WEBSITES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEBSITES’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITES AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR REGISTRANTSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Registrant Conduct

Registrants may post their own content to our Websites through our Services (“Registrant Content”). Registrants and Visitors understand that by using our Websites or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Registrant Content and do not in any way guarantee the quality, accuracy, or integrity of such content. Websites is not responsible for the monitoring or filtering of any Registrant Content. Should any Registrant Content be found illegal, Websites will submit all necessary information to the proper authorities. If any Registrant Content is reported to Websites as being offensive or inappropriate, we may ask the Registrant to retract or otherwise modify the questionable content within 24 hours of being notified by Websites. Should the Registrant fail to meet such a request, Websites has full authority to either restrict the Registrant’s ability to post Registrant Content OR to immediately terminate the access or use of the Registrant, without further notification, obligation, or liability of any kind to the Registrant. Without limiting the foregoing, we have sole discretion to remove any Registrant Content that violates this Agreement or is otherwise objectionable in our sole discretion without any notification, obligation, or liability of any kind to the Registrant. Registrants are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Registrants shall respect copyright and trademark laws. You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Registrants who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Registrant, you agree not to use our Services to do any of the following:

• upload, post or otherwise transmit any Registrant Content that:
  1. Violates any local, state, federal, or international laws.
  2. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable.
  4. Links directly or indirectly to any materials to which you do not have a right to link.
  5. Contains any private information of any third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or personal health information.
  6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  8. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  9. In the sole judgment of Websites, is objectionable or which restricts or inhibits any other person from using or enjoying our Websites or Services, or which may expose Websites, our affiliates, or our Users to any harm or liability of any type.
• use our Content to:
  1. Develop a competing website.
  2. Create compilations or derivative works as defined under the United States copyright laws.
  3. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
• Decompile, disassemble, or reverse engineer our Websites, Services, and any related software.
• Use our Websites or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Websites and Services in any manner consistent with our privacy policy. All remarks, suggestions, ideas, graphics, Content, Registrant Content, or other information communicated by you to us (collectively, ”

Submissions

“) is considered assigned to us and is as such considered our property. We will not be required to treat any Submissions as confidential, will not be liable for any ideas (including without limitation, product, service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. We will be entitled to use the Submissions for any commercial or another purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our privacy policy is considered part of this Agreement. You must review this privacy policy by clicking on this link.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Linking to Our Website

You may provide links to our Websites, provided that: (a) you do not remove or obscure, by framing or otherwise, any portion of our Websites, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Websites immediately upon request by us.

Links to Other Websites

Our Websites may, from time to time, contain links to third-party websites. Such links do not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Websites has no control over the legal documents and privacy practices of third-party websites and, as such, you access any such third-party websites at your own risk. We recommend that you review the privacy policy and terms of all third-party sites to fully understand what information is collected by such a third party and how it is used.

Payments

You represent and warrant that if you are making a contribution that involves this Website that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim, or expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Websites or Services.

General Terms

This Agreement shall be treated as though it were executed and performed in Dallas, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of the courts in Dallas County, Texas. You also agree that any cause of action by you with respect to our Websites or Services must: 1) be instituted within one (1) year after the cause of action arose or be forever waived and barred; 2) if brought in state court, venue shall be in Dallas County, Texas; and 3) if brought in federal court, the forum and venue shall be in the Northern District of Texas. The choice of venue and forum specifically excludes any legal action taken by us to collect or recover damages for, or obtain any injunction relating to, operation of the Websites, intellectual property, and/or our Services. We reserve the right to recover all attorney fees and costs of court if any action is brought by you. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. This document, or any portion hereof, may not be copied or duplicated without our express written permission.

Changes to Our Terms

We reserve the right to change these Terms at any time by posting new or revised terms or conditions. Any changes to our Terms will become effective immediately upon being posted to the Website. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms, if any, for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our website, services, and products after any change to these Terms, and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms, you can choose to discontinue the use of our Websites, Services, and products. It is your sole responsibility to check these Terms regularly to ensure you are familiar with the current version.

How to Contact Us

If you have any questions about our accessibility efforts, you can contact us at:
Darby Pit
Attn: Data Inquiry
415 E 1000 S
Driggs, ID 83422

* You may elect to email us your question at [email protected] and we will reply, answering your question to the best of our abilities at our earliest convenience.
** You may elect to contact us by phone Monday-Friday, 9:00AM – 5:00PM Mountain Standard Time. After normal business hours a voicemail will record your message and we will return your call at our earliest convenience if your inquiry is a legitimate claim and not a vendor inquiry.

Terms & Conditions reviewed or updated August 2024.