Welcome to buckmastersultimate.com and buckmastersfrenzy.com,
an electronic communications piece for Pennington
Seed's Buckmasters line of products (Buckmasters
Ultimate and Buckmasters Feeding Frenzy), operated
by Pennington Seed. By using the buckmastersultimate.com
and buckmastersfrenzy.com website (the "buckmastersultimate.com
and buckmastersfrenzy.com service"), you accept
and agree to be bound by the following terms and
conditions (the "Terms of Service").
Nothing in these Terms of Service should be construed
to confer any rights to third party beneficiaries.
changes to buckmastersultimate.com
and buckmastersfrenzy.com and terms and conditions
We reserve the right to modify or terminate the buckmastersultimate.com
and buckmastersfrenzy.com service for any reason, and
without notice, without liability to you, any other
Member or any third party. We also reserve the right
to modify these Terms of Service from time to time
without notice. You are responsible for regularly reviewing
these Terms of Service so that you will be apprised
of any changes.
eligibility and registration
Usage of this site is open to the public. Registration
for newsletters is free of charge. Children under the
age of 18 must have parental permission. By registering
for the buckmastersultimate.com and buckmastersfrenzy.com
service, you represent and warrant that you are in
compliance and that you have the capacity to understand,
agree to and comply with these Terms of Service.
In addition, you must provide true, accurate and complete
registration information to be a buckmastersultimate.com
and buckmastersfrenzy.com messageboard member ("Member").
As part of the registration process, you will be asked
to select a username and password and you will be responsible
for all activities occurring under your username and
for keeping your password secure. We may refuse to
grant you a username that impersonates someone else,
is or may be protected by trademark or proprietary
rights law, or is vulgar, offensive or otherwise inappropriate,
as determined by us in our sole discretion.
appropriate conduct and content;
personal use only
The buckmastersultimate.com and buckmastersfrenzy.com
service is made available for your personal, non-commercial
use only. Businesses, organizations or other legal
entities may not use the buckmastersultimate.com and
buckmastersfrenzy.com service for any purpose.
You may not use the buckmastersultimate.com and buckmastersfrenzy.com
service for any illegal or unauthorized purpose. International
users agree to comply with all local rules regarding
online conduct and acceptable content, including laws
regulating the export of data from the United States
or your country of residence. You are solely responsible
for your conduct and any data, text, information, graphics,
photos, profiles, audio and video clips, links and
other content ("Materials") that you submit,
post, and display on the buckmastersultimate.com and
buckmastersfrenzy.com service.
We may, but shall have no obligation to, remove Materials
that we determine in our sole discretion are unlawful,
fraudulent, threatening, libelous, defamatory, obscene
or otherwise objectionable, or infringes or violates
any party's intellectual property or other proprietary
rights or these Terms of Service.
Other examples of illegal or unauthorized uses include,
but are not limited to:
- modifying, adapting, translating, or reverse
engineering any portion of the buckmastersultimate.com
and buckmastersfrenzy.com service;
- removing any copyright, trademark or other proprietary
rights notices contained in or on the buckmastersultimate.com
and buckmastersfrenzy.com service;
- using any robot, spider, site search/retrieval
application, or other device to retrieve or index
any portion or the buckmastersultimate.com and
buckmastersfrenzy.com service; collecting any information
about other Members (including usernames and/or
email addresses) for unauthorized purposes; reformatting
or framing any portion of the web pages that are
part of the buckmastersultimate.com and buckmastersfrenzy.com
service;
- creating user accounts by automated means or
under false or fraudulent pretenses; creating or
transmitting unwanted electronic communications
such as "spam," or chain letters to other
Members or otherwise interfering with other Member's
enjoyment of the service; submitting Materials
of any third party without such third party's prior
written consent;
- directing any user (for example, by linking)
to any Materials of any third party without such
third party's prior written consent;
- submitting Materials that falsely express or
imply that such Materials are sponsored or endorsed
by buckmastersultimate.com and buckmastersfrenzy.com;
- submitting Materials that infringe, misappropriate
or violate the intellectual property, publicity,
privacy or other proprietary rights of any party;
transmitting any viruses, worms, defects, Trojan
horses or other items of a destructive nature;
- submitting Materials that are unlawful or promote
or encourage illegal activity; or submitting false
or misleading information.
While buckmastersultimate.com
and buckmastersfrenzy.com prohibits such conduct and
content on its site, you understand and agree that
you nonetheless may be exposed to such Materials and
that you use the buckmastersultimate.com and buckmastersfrenzy.com
service at your own risk.
buckmastersultimate.com and
buckmastersfrenzy.com's proprietary rights
By submitting, posting or displaying any Materials
on or through the buckmastersultimate.com and buckmastersfrenzy.com
service, you automatically grant to us a worldwide,
non-exclusive, sublicenseable, transferable, royalty-free,
perpetual, irrevocable right to copy, distribute, create
derivative works of, publicly perform and display such
Materials. That said, our use of your personal information
is governed by our Privacy Policy and we will never
rent, sell or share your personal information with
any third party for marketing purposes without your
express permission.
buckmastersultimate.com and buckmastersfrenzy.com and
its affiliates and licensors own and retain all rights
in the buckmastersultimate.com and buckmastersfrenzy.com
Web site and service, which contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. Except as expressly
authorized by buckmastersultimate.com and buckmastersfrenzy.com,
you may not copy, modify, publish, transmit, distribute,
perform, display or sell any of buckmastersultimate.com
and buckmastersfrenzy.com's proprietary information. "Buckmasters
Ultimate," "Buckmasters Feeding Frenzy" and "buckmastersultimate.com
and buckmastersfrenzy.com" are trademarks of buckmastersultimate.com
and buckmastersfrenzy.com.
It is our policy to respond to notices of alleged infringement
that comply with the Digital Millennium Copyright Act.
privacy policy
Our collection and use of personal information is governed
by our Privacy Policy. Click
here to review the buckmastersultimate.com and buckmastersfrenzy.com
Privacy Policy. You understand and agree that buckmastersultimate.com
and buckmastersfrenzy.com may access, preserve, and
disclose your personal information and the contents
of your account if required to do so by law or in a
good faith belief that such access preservation or
disclosure is reasonably necessary to comply with legal
process or protect the rights and property of buckmastersultimate.com
and buckmastersfrenzy.com, its affiliates or the public.
disclaimer of warranties
buckmastersultimate.com and buckmastersfrenzy.com and
its affiliates, licensors, partners, suppliers, consultants
and agents ("penningtonseed") disclaim any
and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability
or availability of information or materials displayed
on the buckmastersultimate.com and buckmastersfrenzy.comservice.
penningtonseed disclaims any and all responsibility
and liability for the conduct of any Member.
THE BUCKMASTERSULTIMATE.COM AND BUCKMASTERSFRENZY.COM
SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING,
WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED
OR ACCESSED THROUGH THE BUCKMASTERSULTIMATE.COM AND
BUCKMASTERSFRENZY.COM SERVICES), PRODUCTS AND SERVICES
INCLUDED THEREIN ARE PROVIDED "AS IS," WITH
NO WARRANTIES WHATSOEVER. PENNINGTONSEED EXPRESSLY
DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. Some states do not allow the
exclusion or limitation of implied warranties, so the
above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE BUCKMASTERSULTIMATE.COM
AND BUCKMASTERSFRENZY.COM SERVICE IS ENTIRELY AT YOUR
OWN RISK.
hold harmless and indemnity
You agree to hold harmless and indemnify penningtonseed from and against any
third party claim arising from or in any way related to your use of the buckmastersultimate.com
and buckmastersfrenzy.com service, including any liability or expense arising
from all claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. In such a case,
penningtonseed will provide you with written notice of such claim, suit or action.
limitation of liability
UNDER NO CIRCUMSTANCES WILL penningtonseed BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH USE OF THE BUCKMASTERSULTIMATE.COM AND BUCKMASTERSFRENZY.COM
SERVICE, WHETHER OR NOT penningtonseed HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BUCKMASTERSULTIMATE.COM AND BUCKMASTERSFRENZY.COM
SERVICE, FROM INABILITY TO USE THE BUCKMASTERSULTIMATE.COM AND BUCKMASTERSFRENZY.COM
SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BUCKMASTERSULTIMATE.COM
AND BUCKMASTERSFRENZY.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES),
AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation
and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL PENNINGTON
SEED BE LIABLE TO YOU FOR ANY AMOUNT.
EVERY ATTEMPT IS MADE BY PENNINGTON SEED TO KEEP ALL PRODUCT INFO AVAILABLE ON
BUCKMASTERSULTIMATE.COM AND BUCKMASTERSFRENZY.COM ACCURATE AND UP TO DATE. SINCE
MATERIALS AND CONTENTS OF VARIOUS PRODUCTS MAY BE ALTERED FROM TIME TO TIME,
IT IS AT THE DISCRETION OF OUR THIRD PARTY PROVIDERS TO UPDATE THIS INFORMATION
WITH PENNINGTON SEED. UNDER NO CIRCUMSTANCES WILL PENNINGTON SEED OR BUCKMASTERSULTIMATE.COM
AND BUCKMASTERSFRENZY.COM BE HELD LIABLE FOR INACCURATE REPORTINGS OF PRODUCT
CONTENTS.
term and termination
These Terms of Service will apply to your use of the buckmastersultimate.com
and buckmastersfrenzy.com service. You may terminate your membership immediately
at any time, for any reason, by contacting Pennington Seed help. We may terminate
your membership immediately at any time, for any reason. Once your membership
terminates, you will have no right to use the buckmastersultimate.com and buckmastersfrenzy.com
service. Our proprietary rights, disclaimer of warranties, indemnities, limitations
of liability and miscellaneous provisions shall survive any termination of your
membership.
miscellaneous provisions
These Terms of Service will be governed by and construed in accordance with the
laws of the State of Georgia, 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 the courts located in the County of
Morgan. If for any reason a court of competent jurisdiction finds any provision
or portion of the Terms of Service to be unenforceable, the remainder of the
Terms of Service will continue in full force and effect. You shall not assign
these Terms of Service or assign any rights or delegate any obligations hereunder,
in whole or in part, whether voluntarily or by operation of law, without our
prior written consent. Any such purported assignment or delegation will be null
and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Pennington Seed
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,
shortages of labor or materials, fires, floods, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat, light,
or air conditioning.
These Terms of Service constitute the entire agreement between you and Pennington
Seed with respect to the subject matter hereof and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision of the Terms of Service by a
party will be effective only if in writing and signed by a party.
copyright information
It is our policy to respond to notices of alleged infringement that comply with
the Digital Millennium Copyright Act. If you believe that your copyright has
been infringed on buckmastersultimate.com and buckmastersfrenzy.com Service,
please read the following information for filing or responding to a notice of
infringement.
To file a notice of copyright notice with us, please send a written communication
by fax or regular mail that sets forth the items specified below. If you are
not sure whether certain material of yours is protected by copyright, we suggest
that you first contact an attorney. |
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