Website Terms of Use

Overview

These terms of use (“Terms”) are entered into between you and TNJ LLC dba R2 Utility (“R2 Utility,” “we,” “our,” or “us”) and govern your access to and use of the R2 Utility website, www.r2utility.com, and any other website, social media pages, apps, or other digital medium owned or operated by R2 Utility (the “Site”), including any content, functionality, services, and products offered on or through the Site.

By using the Site, you consent and agree to be bound by and comply with these Terms. R2 Utility may terminate your ability to use the Site without notice if you do not comply with these Terms. If you do not agree to these Terms, you must not access or use the Site or obtain products or services from the Site.

R2 Utility reserves the right to make changes to the Site and to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Site following posting of revised Terms means that you accept and agree to the changes.

All Site Content is current as of the date it is posted on the Site to the best of R2 Utility’s knowledge.

Privacy

All information R2 Utility collects on this Site is subject to our Privacy Notice. By accessing or using our Site or services, you acknowledge having read our Privacy Notice, which contains details relating to our collection, use, and disclosure of your personal information.

Accessibility

Information regarding the accessibility of the Site is set forth in our Accessibility Statement, which is incorporated herein by reference.

Accounts

Account Registration

For some aspects of our Site, you may need to register an account with us. It is a condition of your use of the Site that all information you provide is complete, current, and accurate. R2 Utility may terminate your registration at any time for any reason.

Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify R2 Utility immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. R2 Utility reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in R2 Utility’s opinion, you have violated any provision of these Terms.

Orders and Payment

By placing an order for our services, you are offering to purchase our services. We reserve the right to refuse your request to obtain services from us. If we accept your offer, you will receive a confirmation email at the email address you provided at the time of purchase. We reserve the right to cancel any order once accepted by us at any time in our sole discretion.

The price of all services is payable in full before delivery. Prices are subject to change at any time in our sole discretion. Payment terms may include an auto-renewing subscription.

Payment processing is provided by one or more third-party payment processors (“Payment Processor”). R2 Utility does not collect or store your payment card or financial institution information. By providing a payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and authorize charges for the total amount of your transaction and any applicable fees.

If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your account and any requested services may be suspended or canceled. You must resolve any payment issue encountered by us or our Payment Processor to continue using your account or receive services. It is your responsibility to keep your payment method up to date and to cancel your account if applicable.

Returns and Exchanges

There are no refunds, returns, proration, or exchanges for canceled services.

Mobile App

R2 Utility may provide services through a mobile application (“App”), including Apps developed for Apple and Android mobile platforms. Apple and Alphabet are not responsible for the App or its content. The App is an extension of the Site and is subject to these Terms of Use.

Your use of any App is governed by these Terms, our Privacy Notice, and any applicable end user license agreement or other agreement specific to that App.

We and/or our licensors or service providers may from time to time develop and provide updates, upgrades, modifications, patches, and new versions of the App. Neither R2 Utility nor its licensors or service providers are obligated to provide Updates, technical support, or continued access to any particular feature or functionality. R2 Utility disclaims liability relating to your failure to install available updates.

Intellectual Property License and Ownership

Intellectual Property

The Site and its entire contents, data, features, products, and functionality, including text, graphics, video, logos, button icons, databases, and images (“Site Content”), are the property of R2 Utility or its licensors and are protected by copyright, trademark, and other intellectual property laws.

The R2 Utility name and related logos are trademarks and service marks of R2 Utility. They may not be used without prior written permission.

Limited License and Prohibited Uses

R2 Utility grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content only as an informative resource and to engage in transactions such as making purchases while using the Site.

You agree that you will not:

• Use the Site in any way that violates any applicable law or regulation.
• Exploit, harm, or attempt to exploit or harm anyone.
• Transmit spam, junk mail, chain letters, or similar solicitations.
• Impersonate R2 Utility, its employees, another user, or any other person or entity.
• Interfere with the use or enjoyment of the Site by others.
• Disable, overburden, damage, or impair the Site.
• Use scraping, robots, spiders, or other automated means to access or copy Site material.
• Introduce malicious or technologically harmful material.
• Attempt unauthorized access to any part of the Site, its servers, or connected databases.
• Attack the Site via denial-of-service or distributed denial-of-service attack.

Feedback, Testimonials, and User Content

Feedback and Testimonials

You are under no obligation to provide reviews, comments, suggestions, ideas, feedback, or recommendations (“Feedback”). By providing Feedback, you grant R2 Utility and its service providers the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose such material for any purpose.

User Content

The Site may allow you or other users to post, link, store, or otherwise make available information, text, and other materials (“User Content”). You are solely responsible for your use of User Content and for ensuring that you have the lawful right to distribute and reproduce it.

You grant R2 Utility a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, worldwide, assignable, sublicensable, and transferable license to use and otherwise exploit User Content in any and all media. R2 Utility reserves the right to remove, screen, or edit Feedback or User Content at any time without notice.

Buyer’s Representations and Warranties

You represent and warrant that you are legally permitted to enter into transactions with R2 Utility, that you will use purchased services only as intended and in compliance with applicable law, and that if you purchase on behalf of a business entity, you are authorized to do so.

Disclaimer of Warranties

You expressly agree that use of the Site and transactions related to the Site are at your sole risk. All services and the Site are provided on an “as-is” basis. To the extent permitted by law, R2 Utility disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

To the extent permitted by law, R2 Utility, its directors, contractors, and employees will not be liable for damages of any kind arising from the use or misuse of the Site, linked sites, or services sold on the Site, including loss of use, data, business, goodwill, reputation, or revenue, and direct, indirect, punitive, or consequential damages.

R2 Utility’s maximum liability will not exceed $100.

R2 Utility will not be liable if all or any part of the Site is unavailable at any time or for any period.

Indemnification

You agree to defend, indemnify, and hold harmless R2 Utility, its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees arising out of or relating to your violation of these Terms or your use or misuse of the Site.

Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to R2 Utility for which monetary damages would not be an adequate remedy and that R2 Utility shall be entitled to seek equitable relief in addition to any other remedies available at law or in equity.

Third-Party Beneficiaries and Third-Party Websites

These Terms do not confer any legal or equitable right, benefit, or remedy upon any third party.

The Site may include content provided by third parties or links to third-party websites and services. Such links are provided for convenience only and do not imply endorsement. Your use of third-party sites is at your own risk and subject to their own terms and privacy notices.

Assignment

R2 Utility may assign or transfer its rights or obligations under these Terms in whole or in part. You may not assign your rights or delegate your duties without our prior written consent.

Force Majeure

R2 Utility shall not be responsible for delays or non-performance caused by circumstances beyond its reasonable control, including war, weather, strikes, floods, lockouts, fires, pandemics, acts of God, or terrorism.

Governing Law, Dispute Resolution, Limitation of Time to File Claims, and Class Action Waiver

Governing Law

These Terms and any disputes under them are governed by the laws of the State of Oregon, without regard to conflicts of law principles.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be held in Deschutes County, Oregon.

Before pursuing arbitration, you must give R2 Utility written notice of the dispute and a specific description of the relief sought. If the dispute is not resolved within 45 days after receipt of your notice, arbitration may proceed.

You may opt out of arbitration by providing written notice to R2 Utility no later than 60 days after your initial acceptance of these Terms.

Limitation of Time to File Claims

Any cause of action or claim arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues, or it is permanently barred.

Class Action Waiver

The parties agree that each may bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.

Copyright

If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you may send notice to:

Copyright Agent
R2 Utility
P.O. Box 2336
Sisters, OR 97759

Waiver and Severability

Our failure to enforce any right under these Terms does not constitute a waiver. If any provision is deemed invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect.

Use by Minors

This Site is intended for adults over the age of 18. We do not knowingly collect personal information from minors under 13 without parental or guardian consent.

Term and Termination

These Terms remain in effect while you use the Site. Provisions intended to survive termination will remain binding after you stop using the Site. R2 Utility may suspend or terminate access to the Site at any time in its sole discretion.

Entire Agreement

These Terms constitute the sole and entire agreement between you and R2 Utility with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties regarding the Site.

Communications

We may provide notices to you by email, postal mail, or by posting them on the Site. You are responsible for ensuring that you have provided current contact information. We may continue sending necessary transactional communications even if you opt out of newsletters or product updates.

Contact Us

For feedback, comments, technical support, and other communications relating to the Site or these Terms, please contact us at info@r2utility.com or by mail at:

R2 Utility
P.O. Box 2336
Sisters, OR 97759