By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service. When you use any current or future version of this Website or any other Trublue LLC, DBA Head Rush Technologies’ Website, you also be will be subject to the terms and conditions of this Agreement.
Accuracy of Information
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
Head Rush Technologies attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors of our products that appear on this Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
This Site may contain hyperlinks ("links") to Web Sites operated by persons or entities other than Head Rush Technologies ("third-party Web Sites") or to co-branded Web Sites operated by a third party, including affiliates ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from Head Rush to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. Head Rush Technologies is not responsible or liable for any loss or damages incurred as a result of any dealing with any third-party web site or co-branded website, any merchant or operator of a third-party web site or co-branded website or any other person with whom you engage in any transaction.
Intellectual Property Rights
The Site and its original content, features, and functionality are owned by Trublue LLC, DBA Head Rush Technologies and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Head Rush Technologies™ is a registered trademark of Trublue LLC, DBA Head Rush Technologies in the United States. QUICKjump™, Gorilla Rope™, and other marks indicated on our Website are trademarks or registered trademarks of Trublue LLC, DBA Head Rush Technologies in the United States and other countries. TRUBLUE™ and, zipSTOP™ are registered trademarks of Eldorado Wall Company Inc. All rights are reserved with regard to the aforementioned trademarks and other trademarks of Head Rush Technologies and Eldorado Wall Company which may not be included for any reason.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Head Rush Technologies or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Trublue LLC, DBA Head Rush Technologies or its respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Website confers on you any license or right under any patent or trademark of Trublue LLC, DBA Head Rush Technologies or any third party.
This Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Website, or use the contents of this Website in litigation, or for any commercial or promotional purposes, without the express written consent of Trublue LLC, DBA Head Rush Technologies or its lawful successors and assigns. For usage permission, please contact us.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Head Rush Technologies. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Head Rush Technologies and our affiliates without express written consent. You may not use meta tags or any other hidden text using Head Rush Technologies’ name or trademarks without the express written consent of Head Rush. Any unauthorized use terminates the permission or license granted by Head Rush Technologies.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Notification of Changes
Laws and Regulations
You agree to comply with all applicable law in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Head Rush Technologies. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Website or any co-branded website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Head Rush Technologies or any co-branded website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Colorado. The failure of Head Rush Technologies to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
The TRUBLUE Auto Belay, TRUBLUE XL Auto Belay, QUICKjump XS Free Fall Device, QUICKjump Free Fall Device, QUICKjump XL Free Fall Device, FlightLine Commercial Free Fall Ride, Arboreal Tree Climbing System, products and devices are warranted against factory defects in materials and workmanship (excluding specific Field Replaceable Wear Parts - see “Replacement Parts” section of applicable product manual) for a period of two (2) years from date of purchase. The zipSTOP and zipSTOP IR Zip Line Brakes are warranted against factory defects in materials and workmanship (excluding specific Field Replaceable Wear Parts - see “Replacement Parts” section of applicable product manual) for a period of one (1) year from date of purchase. This warranty applies only to the original purchaser, and is con¬tingent upon the owner/operator maintaining and using the device in accordance with TRUBLUE Auto Belay instructions, including the requirement to continue to maintain annual re-certification as described in this Operator Manual. This War¬ranty is in lieu of all other warranties, express or implied.
The sole remedy for breach of this warranty, or for any claim in negligence or strict liability in tort, is the repair or replacement of any defective parts by Head Rush Technologies (Manufacturer). Upon notice in writing, Head Rush Technologies will promptly repair or replace all defective items. Head Rush Technologies reserves the right to have any defective equipment returned to its facility, transportation pre-paid, for inspection before making a repair or replacement.
This Warranty is null and void if parts other than genuine parts are used, or if any modifications or services have been performed on the device by anyone other than an authorized Head Rush Technologies servicing agent. This warranty does not cover any damages resulting from abuse to the device, damage in transit, or any other damage beyond the control of Manufacturer. Head Rush Technologies makes no warranties in respect to trade accessories or component parts which are not made by Head Rush Technologies. Head Rush Technologies expressly excludes from this Warranty the replacement of specific Field Replaceable Wear Parts (see “Replacement Parts” section of applicable product manual) which include the nozzle, the webbing (line) kit, cara¬biners and/or any anchors supplied with the product.
No person, agent or Distributor is authorized to give any warranty, other than the one herein expressed, on behalf of Head Rush Technologies, or to assume for it any liability pertaining to such products. Head Rush Technologies expressly dis¬claims any implied guarantee of merchantability, or claim as to whether the device is suited for a particular purpose. Purchaser agrees that Head Rush Technologies shall not be held liable to Purchaser/Operator for damages of any kind, including but not limited to, lost or projected profits, equipment down time, or any losses considered to be caused by non-operation or servicing/re-certification down time of the equipment.
The following items are considered to be the responsibility of the Customer and are therefore non-reimbursable under the terms of the warranty.
- Product installation.
- Normal maintenance, including daily/weekly/monthly inspections.
- Normal replacement of service items.
- Replacements required because of abuse, misuse or improper operational habits of the operator.
- Field replaceable wear parts.
- Normal deterioration due to use and exposure.
Adherence to the Operator Manual, manufacturer’s instructions, and advice given by authorized Head Rush service technicians is the responsibility of the buyer, installer, and operator.
Some aspects of extreme sports and related activities, including but not limited to rock climbing, zip lining, and free fall descents are potentially hazardous and dangerous. Any person using our equipment in any manner is personally responsible for learning the proper techniques involved, and assumes all risks and accepts full and complete responsibility for any and all damages and injury of any kind, including death, which may result from the use of any equipment purchased through this website.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between Head Rush Technologies and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved.