Terms and Conditions
For Usage of
MyBuckStory.com
Version 2.0
Effective May 1, 2009
TABLE OF CONTENTS:
1. Introduction Page 3
2. General Provisions Page 3
3. Definitions Page 4
4. Acceptance of Terms Page 5
5. Eligibility Requirements Page 5
6. Terms of Use and Service Fees Page 5
7. Registration and Privacy Page 5
8. Password Page 6
9. Privacy Policy Page 6
10. Advertising and Member Sales Page 6
11. Non-Commercial Use by Members Page 6
12. Proprietary Rights in Material Page 7
13. Posted Material Page 8
14. Prohibited Content and Activity Page 8
15. Suspension or Termination of Services Page 10
16. Assignments
17. File Storage Space Page 10
18. Intellectual Property Page 10
19. Indemnification
20. Limitations of Liability Page 12
21. Disclaimer of Warranties Page 13
22. Miscellaneous
TERMS AND CONDITIONS FOR MyBuckStory.com
1. Introduction:
Congratulations and welcome to MyBuckStory.com. MyBuckStory.com
is a state of the art website designed for the outdoor enthusiasts. Our
goal is to provide a vibrant community for outdoor enthusiasts to share
their experience, which includes hunting and fishing stories. Our site
will provide members with a forum to share their hunting, fishing, and
outdoor experiences with a community of outdoor enthusiasts. The site
and services are changing rapidly to ensure that we provide you with the
most enjoyable experience possible. We hope you enjoy your experience
with MyBuckStory.com. What is your Story?
The services offered by MyBuckStory.com includes or will include
the following: www.mybuckstory.com
website (the Website); a source for all outdoor enthusiasts to share
their hunting, fishing and outdoor experiences with the world; provide
resources, affiliates and tools for outdoor enthusiasts; and a general
platform for outdoor enthusiasts of all ages to communicate between
Members and the public (collectively, the Services).
The Website will also enable Members to view each others
profiles; communicate with other Members; share photos and information;
post journals and comments; and describe their interests and intentions.
Members may display, at their discretion, personal information and
photos to other individuals on the Website, which allows them to
identify each other and expand their opportunities and find new outdoor
enthusiasts in which they may have an interest. MyBuckStory.com Members
can change their profile information at any time and control how other
individuals can communicate with them.
MyBuckStory.com envisions that additional services will be
provided in the near future to assist Members in maximizing exposure.
Stay tuned to MyBuckStory.com for new and exciting features.
MyBuckStory.com is open to the general public.
2. General Provisions
MyBuckStory.com is owned and operated by Badava Group LLC, which
is a duly licensed limited liability company under the laws of the state
of Wisconsin. All references to MyBuckStory.com shall also apply to
Badava Group, LLC. From hereinafter, all references to MyBuckStory.com
and Badava Group, LLC shall be to the Company. Unless explicitly
stated otherwise, any current, updated, and new products and services
including the addition of new properties to the Website and Services
shall be subject to the term and conditions in this Agreement.
Additionally, this Agreement sets forth the legally binding terms for
your use of the Website and Services. You agree to be bound by this
Agreement, whether you are a Member, Affiliates, or any other user
designation.
You are only authorized to use the Website and Services
(regardless of whether your access or use is intended) if You agree to
abide by all applicable laws and to this Agreement. Please read this
Agreement carefully. If You do not agree with it, You should leave the
Website and discontinue use of the Services immediately. If You wish to
become a Member, communicate with other Members and make use of the
Website and Services, You must read this Agreement, provide the required
information, and indicate your acceptance during the registration
process.
You represent that You have all necessary right, power, and
authority to enter into and perform as required under this Agreement.
Any violation of this Agreement may result in suspension or termination
of your membership and access to the Website and Services. The Company
reserves the right, at its sole discretion, to change, modify, or
otherwise alter these terms and conditions and Agreement at any time.
Such changes and/or modifications shall become effective immediately
upon the posting thereof.
By accepting this Agreement, You agree to be bound by all future
amendments or changes to this Agreement. It is your sole responsibility
to review this Agreement each and every time you use the Website and
Services to determine if any amendments or changes have been made.
3. Definitions:
For purposes of this Agreement, the following definitions apply:
Member and You shall mean any individual, partnership,
company, corporation or LLC that visits the Website.
Materials shall mean all data, text, files, information,
graphics, photos, profiles, audio and video clips, links, musical
works, names, artwork, works of authorship, and other content posted on
the Website by Members.
MyBuckStory Material shall mean all materials posted on
MyBuckStory.com, including: data, text, names, artwork, files,
information, graphics, photos, profiles, audio and video clips, links,
musical works, and works of authorship.
Services shall mean the following: www.MyBuckStory.com
website (the Website); software, uploading audio and video files;
cataloging your profile; database of affiliates; communication among
Members; e-commerce capabilities; audio downloads; and any other
features, content, applications, promotions and exchange of services to
be offered from time to time by MyBuckStory.com in connection with the
Website
The Company shall mean Badava Group, LLC, which is a duly
licensed limited liability company under the laws of the state of
Wisconsin, the owner of MyBuckStory.com.
Web Advertising Affiliates shall mean any individual, company,
partnership, or LLC that has entered into an advertising contract with
the Company.
4. Acceptance of Terms:
By using the MyBuckStory Materials and Services on the Website,
You agree, without limitation or qualification, to be bound by, and to
comply with, this Agreement and any other posted guidelines or rules
applicable to the Company or any MyBuckStory Materials and Services. All
such guidelines and rules are hereby incorporated by reference into this
Agreement. This Agreement includes the Companys policy for acceptable
use of the Services and MyBuckStory Material posted on the Website, your
rights, obligations and restrictions regarding your use of the Services
and the Company privacy policy. In order to participate in certain
Services, You may be notified that You are required to download software
or content and/or agree to additional terms and conditions. Unless
otherwise provided by the additional terms and conditions applicable to
the Services in which You choose to participate, those additional terms
are hereby incorporated into this Agreement.
5. Eligibility Requirements:
Use of the Services is prohibited where there is a restriction or
violation of the law or inconsistent with its intended use. By using the
Services and Website, You represent and warrant that (a) all
registration information You submit is truthful and accurate; (b) You
will maintain the accuracy of such information; (c) You are twelve (12)
years of age or older; and (d) your use of the Services and MyBuckStory
Material does not violate any applicable law or regulation. Your profile
may be deleted and your status as Member may be terminated without
warning, if we believe that You are less than twelve (12) years of age.
If you are under the age of eighteen (18), your profile will not be
public and can only be viewed by members you provide access to your
profile.
Where there is mature or adult content on the Website or the
Services, individuals who are less than eighteen (18) years of age or
Members that are not permitted to access such content under the laws of
any applicable jurisdiction may not access such content.
6. Term of Use and Service Fees:
This Agreement shall remain in full force and effect while You
use the Services and MyBuckStory Material, are a Member or terminate the
Services. You may terminate your Membership at any time. The Company
shall also have the sole right to terminate or suspend your membership
for any reason.
7. Registration and Privacy:
Some of Services will require the Member to register and provide
certain personal data. In consideration of the use of the Services and
MyBuckStory Material, and in registering and providing such data, you
represent and warrant that the information about You is true, accurate,
current, and complete as required by various Company registration forms
and You will maintain and promptly update the registration data to
maintain its accuracy
8. Password:
When You sign up to become a Member, You will also be asked to
choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose your
password to any third party. You agree to notify the Company immediately
if You suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your
account. The Company will use reasonable measures to protect Member
information that is stored within our database, and the Company will
restrict access to Member information to those employees and affiliates
who need access to perform their job function, such as our customer
service personnel and technical staff (see Privacy Policy). Please note
that the Company cannot guarantee the security of Member information.
9. Privacy Policy:
The Company maintains its current Privacy Policy (See Privacy
Policy). From time to time the Company may make changes to its Privacy
Policy. If the Company makes changes, the Company will post them on the
Website to make Members aware of the changes, so Members will always be
aware of what information the Company collects, how we use it, and when
we may disclose it. Members are bound by any changes to the policy when
she or he uses the site after those changes have been posted.
10. Advertising and Member Sales:
Ads appearing on the Website may be delivered to Members by the
Company or one of the Web Advertising Affiliates. The Company and Web
Advertising Affiliates may set cookies. These cookies allow the ad
server to recognize your computer each time they send you an online
advertisement. The information allows an ad network to deliver targeted
advertisements that they believe will be of most interest to You. The
Company is not responsible for any of the actions of the Web Advertising
Affiliates.
Member Pages may contain links to third party websites,
including, without limitation, Members personal websites, where Members
can purchase Member-related goods or services. By creating such links on
your profile, You agree to abide by the terms of the transaction and
promptly fulfill all such orders. In addition, You acknowledge that You
are entering into a direct transaction with the Member, and that the
Company is not a party to the transaction. In no event shall You create
a link to a third party website selling illegal items or items otherwise
prohibited under this Agreement. The Company reserves the right to
delete any links to offensive or illegal materials. The appearance of
external hyperlinks does not constitute endorsement by the Company, its
affiliates and subsidiaries of the opinions or views expressed by these
linked websites and do not verify, endorse, or take responsibility for
the accuracy, currency, completeness or quality of the content contained
in those sites.
11. Non-Commercial Use by
Members:
The Services and MyBuckStory Material are for the personal use of
Members only and may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by the
Company. Members may download MyBuckStory Material and Material for
their own personal use, provided that no copyrighted or patented
MyBuckStory Material or Material is downloaded. Illegal and/or
unauthorized use of the Services, Member Material, and MyBuckStory
Material, including collecting usernames and /or email addresses of
Members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the Website
is prohibited. Commercial advertisements, affiliate links, and other
forms of solicitation may be removed from Members profiles without
notice and may result in termination of Member privileges. Appropriate
legal action may be taken for any illegal or unauthorized use of the
Services and MyBuckStory Material.
12. Proprietary Rights in Material on
MyBuckStory.com:
Except as hereinafter provided, the Company does not claim any
ownership rights in the Material that You post to the Services or on the
Website. Members who provide any postings on the Website warrant that
they have the ownership rights and copyrights of all such material.
After posting your Material to the Website, You continue to retain all
ownership rights in such Material, and You continue to have the right to
use your Material in anyway you choose. By displaying or publishing any
Material on or through the Services or Website, You hereby grant to the
Company a license to use, modify, publicly perform, publicly display,
reproduce, sell, and distribute such Material.
Without this license, the Company would be unable to provide the
Services. For example, without the right to modify Member Material, the
Company will not be able to digitally compress files that Members submit
or otherwise format Material to satisfy technical requirements, and
without the right to publicly perform Member Material, the Company could
not allow Members to view posted Material by Members. The license You
grant to the Company is non-exclusive (meaning you are free to license
your Material to anyone else in addition to the Company), fully-paid and
royalty-free (meaning that the Company is not required to pay You for
the use on the Services of the Material that You post), sub-licensable
(so that the Company is able to use its affiliates and subcontractors
such as Internet content delivery networks to provide the Services), and
worldwide (because the Internet and the Services are global in reach).
The license does grant the Company the right to sell your Material, and
distribute your Material outside of the Services and Website.
You agree to grant the Company the right to a perpetual,
world-wide, royalty free, irrevocable license to your Material to use,
copy, sell for profit, modify, publish, edit, translate, transmit,
publicly display, create derivative works, create compilations, publicly
perform, and otherwise exploit such Material (specifically through
streaming, podcasting, online/broadcast and suggested lists), to publish
your Material in connection with the Service, Website and any
affiliates, to publish your Material elsewhere within the Company or any
Company website through links to the Company, and to sublicense such
rights, all without any obligation to You, whether by way of
compensation, attribution or otherwise. Such license shall apply with
respect to any form, media, or technology now known or hereafter
developed. The Services contain Material of other Members. Except for
Material posted by You, You may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, or sell any other Members
Material or MyBuckStory Material appearing on or through the Services or
Website without written approval from the Company or the Member.
You represent and warrant that: (i) You own the Material posted
by you on or through the Services or otherwise have the right to grant
the license set forth in this section, and (ii) the posting of your
Material on or through the Services does not violate the privacy rights,
publicity rights, copyright, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and any other monies
owing any person by reason of any Material posted by you to or through
the Services
The Services contain MyBuckStory Material. MyBuckStory Material
maybe protected by copyright, trademark, patent, trade secret and other
laws, and the Company owns and retains all rights in the MyBuckStory
Material, Website, and the Services. The Company hereby grants You a
limited, revocable, non-sublicensable license to display the MyBuckStory
Material (excluding any software code) solely for your personal use in
connection with viewing the Website and using the Services.
13. Posted Material:
The Company may delete any Member Material that in the sole
judgment of the Company violates this Agreement or which may be
offensive, illegal or violate the rights, harm, or threaten the safety
of any person or Member. The Company assumes no responsibility for
monitoring the Services or Website for inappropriate Material or
conduct. If at any time the Company chooses, in its sole discretion, to
monitor the Services or Website, the Company nonetheless assumes no
responsibility for the Material, and no responsibility for the conduct
of the Members submitting any such Material.
You are solely responsible for the Material that You post on or
through any of the Services or Website, and any content or information
that You transmit to other Members and for your interactions with other
Members. The Company does not endorse and has no control over the
Material. Material is not necessarily reviewed by the Company prior to
posting and does not necessarily reflect the opinions or policies of the
Company. The Company makes no warranties, express or implied, as to the
MyBuckStory Material or Member Material or to the accuracy and
reliability of the MyBuckStory Material or Member Material or any
content or information that You transmit to other Members and Artists.
The Company makes no representations or warranties regarding association
or property rights of any links or Hyperlinks displayed on the website
by Members of the Company.
14. Prohibited Content and Activity:
The following is a list of the kind of content that is illegal or
prohibited to post on or through the Services or on the Website. The
Company reserves the right to investigate and take appropriate legal
action against anyone who, in its sole discretion, violates the
following provisions, including without limitation, removing the
offending communication from the Services and terminating the Member
from the Website and Services. Prohibited content includes, but is not
limited to content that, in the sole discretion of the Company:
- offends or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under eighteen (18);
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another persons copyrighted work, such as uploading pirated computer programs or links to them, or uploading pirated music or links to pirated music files;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming, or spamming;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without prior written consent of the Company such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that persons consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
The following is partial list of the kind of activity that is
illegal or prohibited on the Website and through your use of the
Services. The Company reserves the right to investigate and take
appropriate legal action against anyone who, in its sole discretion,
violates this provision, including without limitation, reporting You to
law enforcement authorities. Prohibited activity includes, but is not
limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Services or Website without written consent of the Company. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, the Company reserves the right to restrict the number of emails or comments which a Member may send to other Members in any 24-hour period to a number which the Company deems appropriate in its sole discretion;
- covering or obscuring the banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means;
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at anytime or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for you performing any commercial activity on or through the Services or Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
- you may not attempt to gain unauthorized access to the Services or Website or assist others in making such an attempt;
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
15. Suspension or Termination of Services:
Any violation or breach of this Agreement may result in
suspension or termination of your Member status and access to the
Website and Services. The Company reserves the right, in its sole
discretion, to reject, refuse to post or remove any Material of any
content by You, or to restrict, suspend, or terminate your access to all
or any part of Services or Website at any time, for any or no reason,
with or without prior notice, and without liability.
16. Assignments:
Without in anyway limiting the prohibition on your resale,
assignment, sublicensing, or other transfer of rights or obligations,
this Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns. The
Company may assign their rights to any third party affiliate. The
Company reserves the right to transfer your information in the event of
a transfer of ownership of the Company, such as an acquisition by or
merger with another company.
17. File Storage Space:
The Company reserves the right, in its sole discretion, to limit
the amount of storage space available per Member or to delete materials
stored for an excessive period while the Member has been inactive.
18. Intellectual Property:
All MyBuckStory Material is sublicensed in a nonexclusive,
nontransferable, and non-sublicensable manner. By uploading your
Material, You allow all Members access to your Material for personal
use. All Members may view their Material an unlimited number of times on
the same registered personal computer or any other secondary or portable
device. You may not view and then redigitize any Material, or upload any
Material that does not belong to You to the Internet. You may not create
any derivative works by altering any other Member Material.
You also agree not to disseminate content that infringes any
patent, trademark, trade secret, copyright, rights of privacy or
publicity, or other proprietary right of any party or infringes any
intellectual property law or any other applicable law; and not to remove
any copyright, trademark or other proprietary rights notices contained
in or on the Website or Services. The Company is not responsible for any
infringement that might take place on the Website or Services.
If You believe that your work has been copied and posted on the
Services or Website in a way that constitutes copyright infringement,
please provide our agent with the following information in writing: (i)
a physical signature of the person authorized to act on behalf of the
owner of the copyright interest; (ii) a description of where the
material You claim has been infringed; (iii) a description of where the
material that You claim is infringing is located on the Services; (iv)
your address, telephone number, and email address; (v) a written
statement by You that You have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(vi) 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 owners behalf. The
Companys agent for notice of claims of copyright infringement can be
reached as follows: Badava Group, LLC, P.O. Box 403 Osceola, WI 54020.
The Company Agent will then inform the potential infringer of the claim.
The Company will provide the potential infringer with twenty-one (21)
days to respond to this claim. If no response is provided, the Company
shall discontinue services of the potential infringer. If the potential
infringer does respond, we will provide you with their response. It is
your sole responsibility to pursue any action against the infringer, and
You agree that the Company will not be a party to any action. You also
agree that the Company may continue to provide Services to the potential
infringer until a final judgment has been determined. The Company may
require proof of a judgment before the Company will remove the potential
infringers membership. Additionally, You agree to take all disputes
with any parties, Members to Arbitration.
It is possible that certain photos, audio, and video may contain
copyrighted material the use of which has not always been specifically
authorized by the copyright owner. The Company is making such material
available in our efforts to advance the understanding of the Company. We
believe this constitutes a fair use of any such copyrighted material
as provided in section 107 of the US Copyright Law.
All software used on this site is the property of the Company or
its software licensors and is protected by United States and
international Copyright laws. You agree not to translate, reverse
engineer, decompile, disassemble, modify or create derivative works
based on any of the software provided through Service or Website. You
agree not to circumvent any technology used by the Company or its
licensors to protect content accessible via the Service and Website. You
additionally agree that the Company may act as provided under the
Digital Millennium Copyright Act.
You agree not to use any service marks or trademarks that are the
property of the Company. One or more patents apply to this site and to
the features and services accessible via the Website and Services. You
agree that all rights, title and interest to such patents remain with
the Company.
It is the policy of the Company to terminate the Services of
Members who infringe the copyright rights or patents of others upon
receipt of proper notification to the Company by the owner or the
owners legal agent. The Companys Intellectual Property Agent for
notice of claims of infringement can be reached as follows: Badava
Group, LLC, P.O. Box 403 Osceola, WI 54020.
19. Indemnification:
You agree to indemnity, defend and hold harmless, the Company,
its affiliates, and their respective officers, directors, employees,
agents, licensors, representatives, and third party providers to the
Company and against all losses, expenses, damages and costs, including
reasonable attorneys fees, resulting from any violation of this
Agreement by You. The Company reserves the right to assume, at its sole
expense, the exclusive defense and control of any matter subject to
indemnification by you, in which event You will fully cooperate with the
Company in asserting any available defenses.
20. Limitations of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES
SHALL THE COMPANY, OR ITS LICENSORS BE LIABLE TO ANY MEMBER ON ACCOUNT
OF THAT MEMBERS USE OR MISUSE OF AND RELIANCE ON THE SERVICES,
INCLUDING ANY MEMBERS INFRINGING USES OF MEMBERS MATERIAL. SUCH
LIMITATION OF LIABILTY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY
TO USE THE SERVICES OR WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE PRODUCTSS AND SERVICES. SUCH LIMITATIONS SHALL ALSO
APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO
STORE, FAILURE TO BACK UP, OR ALTERATIONS OF MEMBER PROFILES OR OTHER
MATERIAL STORED THROUGHOUT, THROUGH HACKING OR OTHERWISE.
21. Disclaimer of Warranties:
THE COMPANY SERVICES ARE PROVIDED AS IS, WITH NO WARRANTIES
WHATSOEVER, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITED BY LAW. THE COMPANY
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF SERVICES AND ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTIZED ON THE SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE SERVICES. THE COMPANY SIMILARLY DISCLAIMS ANY
WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES
AND WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY DISCLAIMS ANY
AND ALL RESPONSIBILITIES OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OR
INFORMATION OR MATERIAL IN THE SERVICES. THE COMPANY DISCLAIMS ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE COMPANY DISCLAIMS
ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING
OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES,
INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY MAKES NO WARRANTY
REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY
STORAGE FACILITIES OFFERED BY THE COMPANY.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRECTION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE
DOWNLOAD OF SUCH MATERIAL.
22. Miscellaneous:
This Agreement will be governed by and construed in accordance
with the laws of the state of Wisconsin, without giving effect to its
conflict of laws provisions or your actual state or country of
residence. The parties agree to submit to the personal and exclusive
jurisdiction of Polk County, Wisconsin. Any controversy or claim arising
out of or relating to this Agreement or any Visitors or Members use of
the Services or Website shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any party. The arbitration
shall be conducted in Polk County, Wisconsin, and judgment on the
arbitration award may be entered in any state or federal court in
Wisconsin having jurisdiction thereof.
Any party seeking temporary or preliminary injunctive relief may
do so in any state or federal court in Wisconsin having jurisdiction
thereof. Except as set forth above, the state and federal courts of
Wisconsin shall be the forum and venue to resolve disputes arising out
of or relating to this Agreement or any Members use of the Services or
Website. In the event that a court of competent jurisdiction presides
over any claim arising under this Agreement, You and the Company waive a
right to a jury trial. If for any reason a fact finder of competent
jurisdiction finds any provision or portion of this Agreement to be
unenforceable, the remainder of the Agreement will continue in full
force and effect. You are solely responsible for your interactions with
other Members on the Website and Services. The Company reserves the
right, but has no obligation, to monitor disputes between You and other
Members.
Under no circumstances shall the Company be held liable for any
delay or failure in performance resulting directly or indirectly from
acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, internet failures, computer equipment
failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortage of labor or materials,
fires, floods, storms, explosions, acts of God, wars, governmental
actions, orders of domestic or foreign courts or tribunals, or
non-performance of third parties.
This Agreement constitutes the entire agreement between You and
the Company with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject mater. Any waiver of any
provision in this Agreement by a party will be effective only if in
writing and signed by a party. Additionally, to the extent permitted by
applicable law, the rights and remedies provided under this Agreement
are cumulative and in addition to any other rights available to the
parties at law or equity. The titles used in this Agreement are for
convenience only and are in no way considered in constructing or
interpreting the Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.