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PLEASE REVIEW THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
These Terms and Conditions
of Use ("Terms of Use") constitute the contractual agreement between you
and PuckerToKill.com regarding your use of our Website and any activities
or transactions you may conduct through the Website. In these Terms of
Use, the words "you" and "your" refer to any person accessing the Website,
and the words "we," "us," and "our" refer to PuckerToKill.com.
By using our Website, you agree
to these Terms and Conditions. In addition, if you open an account on
our Website, during the registration process you will be prompted to click
an "I Agree" button, which further confirms your agreement with these
Terms and Conditions.
Ownership of Website Material
Unless otherwise noted, all contents of this Website, including text,
images, illustrations, designs, icons, photographs, video clips, sound
clips, and other materials (collectively, the "Material"), are copyrighted
works, trademarks, trade dress, or other intellectual properties owned,
controlled, or licensed by PuckerToKill.com (or used in accordance with
"fair use" principles). The Website as a whole is protected by copyright
and trade dress, all worldwide right, title and interest in and to which
are jointly owned by PuckerToKill.com.
User Comments
All comments, feedback, postcards, suggestions, or ideas which you may
choose to provide to us or post in connection with your use of this Website
(collectively, "Comments") shall be the property of PuckerToKill.com. You
agree that, as long as we fully comply with our Privacy Policy, we may
use or disclose Comments in any manner. Moreover, provided we fully comply
with our Privacy Policy, we shall be free to use, without restriction
and without compensation to you, any ideas, concepts, know-how, suggestions,
or techniques contained in any Comments you send to the Website for any
purpose whatsoever, including but not limited to developing, manufacturing
and marketing products or services using such information.
PuckerToKill.com does not endorse,
and specifically disclaims responsibility or liability for any user Comments.
PuckerToKill.com has no obligation to respond to any Comments, and we reserve
the right, but undertake no duty, to review, edit, move, or delete, in
our sole discretion and without notice, any material posted by users on
online chats or bulletin boards which we may include on the Website. You
agree that, in submitting Comments to any online chats or bulletin boards
which we may include on the Website, you will only submit Comments that
are reasonably related to the subject matter of the online discussion.
Prohibited Uses
In addition to other prohibited uses specified in these Terms of Use,
you are expressly prohibited from using our Website to post or transmit
any advertising, "spam," threatening, defamatory, obscene, scandalous,
or inflammatory material, or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law. PuckerToKill.com disclaims all
responsibility or liability arising from the content of any such postings,
and assumes no responsibility for any error, omission, defamation, falsehood,
obscenity, or threat contained in any information posted on the Website
or transmitted through the Website. As provided in our Privacy Policy,
PuckerToKill.com will comply with court orders directing PuckerToKill.com
to disclose the identity of users posting such information or materials,
or otherwise directing compliance by PuckerToKill.com.
You agree to refrain from undertaking
any activity that imposes an unreasonable or disproportionate load on
the Website. In addition, you may not use any hardware, software, or routines,
including but not limited to any viruses, "bots," or other devices intended
to interrupt or harm the workings of the Website, and agree to refrain
from any attempt to intercept, access or monitor any system, data, or
information on or in transit to or from the Website.
Links To Other Web Websites
And Services
PuckerToKill.com does not control the availability or content of any outside
web sites, services, or resources to which this Website may link. Concerns
regarding any such service, resource, or link should be directed to the
particular outside service or resource. PuckerToKill.com does not necessarily
endorse, sanction, or verify sites to which our Website links, and we
provide these links merely for our users convenience. Access to other
sites linked to this Website is at your own risk, and we disclaim all
liability with regard to your access to such linked web sites.
In addition, we do not necessarily
endorse, sanction, or verify sites that link to this Website, even if
the logo or mark of PuckerToKill.com is used as part of the link to this
Website.
Disclaimer of Warranties
While we use reasonable efforts to include and to pass on to others associated
with this Website accurate and up-to-date information, we make no warranties
or representations as to such information. PuckerToKill.com SHALL HAVE NO
LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES
IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.
You acknowledge that documents
posted to and Material available at the Website may contain computer viruses.
Should you download any such materials from the Website, IT IS YOUR RESPONSIBILITY
TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED
BY ANY MATERIALS DOWNLOADED FROM THE SITE.
THIS SITE AND ALL CONTENTS
OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU
ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE
TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY
EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above
exclusion may not apply to you. Check your local laws for any restrictions
or limitations regarding the exclusion of implied warranties.
Limitation of Liability
NEITHER PuckerToKill.com NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO,
OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR FAILURE TO PERFORM
OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES
BEYOND OUR REASONABLE CONTROL;
- ANY ERRORS, OMISSIONS,
INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR
SERVICES; OR
- ANY DECISION MADE OR ACTION
TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.
Choice of Law and Jurisdiction
This Website is owned, controlled and operated by ActionMaxx Inc.(Actionmaxx.com) from its location
in Wichita Falls, Texas. These Terms of Use, the Terms of Membership and
our Privacy Policy shall be construed in accordance with the laws of the
State of Texas, without regard to any conflict of law provisions. Any
dispute arising under this Agreement shall be resolved exclusively by
the state or federal courts sitting in Wichita Falls County, Texas.
PuckerToKill.com makes no representation
that the information in the Website is appropriate or available for use
in locations outside the United States, and access to this Website from
locations where the provision of such information may be illegal is prohibited.
Users who determine to access this Website from such locations do so on
their own initiative and are responsible for compliance with all applicable
local laws.
Modifications
We may make improvements or other changes to the Website, or to the information
and services offered at the Website, without notice to you. We may add,
delete, move, or modify some or all of the Website at any time. We may
make such changes for any reason, including, without limitation, changes
due to the circumstance (a) that an agreement with a Third Party cannot
be maintained on terms reasonably acceptable to us; or (b) that the Website
or its components become illegal or contrary to law or relevant regulation.
In addition, we may from time
to time change these Terms of Use governing your use of our Website. We
will post these changes here, in our Terms of Use. Your use of our Website
following any such change constitutes your agreement to follow and be
bound by the Terms of Use, as changed.
Assignment
PuckerToKill.com may wish at some point to assign or transfer its rights
in this Web Website to a Third Party. You agree that PuckerToKill.com may
transfer or assign to a Third Party all of its rights and obligations
with respect to you, including any rights and obligations with respect
to your personal information, on the condition that such Third Party agree
to abide by PuckerToKill.com's applicable Privacy Policy.
Indemnities
You agree to indemnify PuckerToKill.com and its officers, directors, employees,
agents, licensors, and suppliers against any loss, damage, costs or expenses
arising out of or in connection with any claim by a Third Party against
us as a result of any breach by you of these Terms of Use, including any
misuse of the Material, or services.
Access Privileges
PuckerToKill.com may discontinue, change, or restrict your use of this Website
for any reason without notice. Moreover, we reserve the sole and absolute
discretion and right to deny, revoke, or otherwise restrict the access
privileges of any user that at any time fails to comply with these Terms
of Use, including the right to block access from a particular Internet
address to the Website.
Severability
If any provision of these Terms of Use, Terms of Membership or our Privacy
Policy is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Use, Terms of Membership or the
Privacy Policy, which shall remain in full force and effect. No waiver
of any provision of these Terms of Use, Terms of Membership or the Privacy
Policy shall be deemed a further or continuing waiver of such provision.
Complete Agreement
In addition to these Terms of Use, your use of our PuckerToKill.com Website
is also subject to our Privacy Policy. Together with our Privacy Policy,
these Terms and Conditions constitute the entire agreement between you
and PuckerToKill.com with respect to use of the Website.
Your Consent
By using our Website, you agree to comply with, and be bound by these
Terms of Use. If you do not agree with some, or all of these Terms of
Use, please refrain from visiting our Website.
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