BushWhacking Terms of Service

The information provided by BushWhacker website is free of charge.

ACCEPTANCE OF TERMS

Welcome to BushWhacker website. BushWhacker website provides its information to you, free of charge, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular BushWhacker services, you and BushWhacker shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.

DESCRIPTION OF SERVICE

BushWhacker and its Associates and Affiliates currently provide users with access to a rich collection of on-line information, products and services. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BushWhacker properties, shall be subject to the TOS. You understand and agree that this website is provided "AS-IS" and that BushWhacker assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use this website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that BushWhacker may create certain areas on this website that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

BushWhacker PRIVACY POLICY

All registration data and any other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INDEMNITY

You agree to indemnify and hold BushWhacker, and its subsidiaries, Associates, Affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content that you submit, post to or transmit through this website, your use of this website, your connection to this website, your violation of the TOS, or your violation of any rights of another.

MODIFICATIONS TO SERVICE

BushWhacker reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this website (or any part thereof) with or without notice. You agree that BushWhacker shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of businesses or service providers found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such businesses or service providers. You agree that BushWhacker and its subsidiaries, Associates and Affiliates, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this website.

LINKS

BushWhacker, or its third parties may provide links to other World Wide Web sites or resources. Because BushWhacker has no control over such sites and resources, you acknowledge and agree that BushWhacker is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BushWhacker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

BushWhacker PROPRIETARY RIGHTS

You acknowledge and agree that this website and any necessary software used in connection with this website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through this website or businesses or service providers. Except as expressly authorized by BushWhacker or businesses or service providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website or the Software, in whole or in part.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:
Your use of this website is at your sole risk. this website is provided on an "as is" and "as available" basis. BushWhacker expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

BushWhacker Makes no warranty that:

• This website will meet your requirements.
• This website will be uninterrupted, timely, or error-free.
• The results that may be obtained from the use of this website will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained by you through this website will meet your expectations.
• Any errors in the software will be corrected.
• Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by you from BushWhacker or through or from this website shall create any warranty not expressly stated in the TOS.

LIMITATION OF LIABILITY

You expressly understand and agree that BushWhacker shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BushWhacker has been advised of the possibility of such damages), arising in any way from or in any way connected with these Terms and Conditions, this website, or your interaction with BushWhacker, its subsidiaries, Associates, Affiliates, officers, agents, co-branders, or other partners and employees.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Section 8 may not apply to you.

SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from this website concerning companies, stock quotes, investments or securities, please read the above Sections 13 and 14 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. this website is provided for informational purposes only, and no content included in this website is intended for trading or investing purposes. BushWhacker shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via this website, and shall not be responsible or liable for any trading or investment decisions made based on such information.

NOTICE

Notices to you may be made via either e-mail or regular mail. this website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on this website.

TRADEMARK

BushWhacker is the trademark of BushWhacker. BushWhacker graphics, logos, and service names are also trademarks of BushWhacker. Accordingly, BushWhacker’s trademarks may not be used without BushWhacker’s prior written consent," unless there is some reason that we are prepared to permit use of the trademark.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of BushWhacker or BushWhacker’s Associates or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of BushWhacker and protected by U.S. and international copyright laws. All software used on this site is the property of BushWhacker or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping, selling, and e-card resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

GENERAL INFORMATION

You also may be subject to additional terms and conditions that may apply when you use Associate and Affiliate services, third-party content or third-party software. The TOS and the relationship between you and BushWhacker shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and BushWhacker agree to submit to the personal and exclusive jurisdiction of the courts located within the King County, Washington. The failure of BushWhacker to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

USE OF SITE

This Service or any portion of this Service may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by BushWhacker.

REVIEWS AND COMMENTS

BushWhacker may enable visitors to visit its site to post reviews of and comments on products featured on the site. If you post reviews or comments on the site, you grant BushWhacker and its Associates and Affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant BushWhacker and its Associates and Affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.

Page last updated: Thursday August 16, 2007 07:24:17 PM