Terms of Use
BuckStalkerTM
Terms of Service / End-User License Agreement
Welcome to BuckStalkerTM, a software program and website for
managing data from scouting cameras. The BuckStalkerTM
software and website at
www.buckstalker.com (collectively “BuckStalkerTM”) and
the services available therein are created, produced and operated by
Spectrum’s Edge, Inc. (“Spectrum’s Edge”), a Virginia corporation.
1.0. Acceptance of Terms
By using BuckStalkerTM, you agree to be bound by these Terms
of Service (the “Agreement”). You are only authorized to use BuckStalkerTM,
whether such use is intentional or not, if you agree to abide by the
Agreement and all other applicable laws. Please read the Agreement
carefully and save it. If you do not agree with it, you should leave the
software or website and discontinue use of BuckStalkerTM
immediately, and you should not return to the software or website or use
BuckStalkerTM in the future.
In addition, when using particular BuckStalkerTM 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.
All such guidelines or rules are hereby incorporated by reference
into the Agreement.
Some sections of the Agreement modify very important rights. In those
sections, the text is written in all capital letters. As you review the
Agreement, please pay particular attention to those sections in all
capital letters.
1.1. Eligibility
You must be eighteen (18) years old or older to use or access
BuckStalkerTM. Use of BuckStalkerTM is void where
it is prohibited. By agreeing to these terms, you represent that you are
eighteen (18) years old or older, have the right, authority, and
capacity to enter into the Agreement, and to abide by all of the terms
and conditions of the Agreement.
1.2. Modification of the Agreement
The current version of the Agreement can always be viewed and printed at
http://buckstalker.com/Terms-of-use.html.
Spectrum’s Edge may modify the Agreement from time to time
without notice and such modification will be effective upon posting at
http://buckstalker.com/Terms-of-use.html. You agree to be bound to
any changes to the Agreement when you use the software or website after
any such modification is posted. It is important that you review the
Agreement regularly to ensure you are aware of any changes. The
Agreement was last modified on December 21, 2009.
1.3. Notices
Spectrum’s Edge. may provide you with notices, including those regarding
changes to the Agreement, at Spectrum’s Edge.’s sole discretion, in any
manner Spectrum’s Edge decides, including, but not limited to, posting
to the website, email or regular mail.
2.0. Use of
BuckStalkerTM
BuckStalkerTM provides management of scout camera data and
photos. BuckStalkerTM
may provide users with software and webpages for sharing scout camera
date and information among multiple users. You should not rely upon any
information transmitted via BuckStalkerTM in making business,
financial, personal or other decisions. Furthermore, Spectrum’s Edge
does not sanction or approve the opinions of users or third parties
expressed via BuckStalkerTM or on web sites linked to via
BuckStalkerTM. You understand and agree that BuckStalkerTM
is provided "AS-IS" and “AS AVAILABLE” and that Spectrum’s Edge assumes
no responsibility for any un-timeliness in delivery, deletion of, mis-delivery
of or failure to store any user communications or personalization
settings. Spectrum’s Edge
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, BuckStalkerTM (or
any part thereof) with or without notice. You agree that BuckStalkerTM
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of BuckStalkerTM.
2.1 Grant of License
Spectrum’s Edge grants users of its software program (“BuckStalkerTM
Software”) a non-exclusive, non-transferable license to use the Software
with which this license is distributed, including any documentation
files accompanying the BuckStalkerTM Software ("User Guide")
on a single personal computer, and to make one backup copy of the
BuckStalkerTM Software, provided that: (i) the BuckStalkerTM
Software is installed on only one server or personal computer; (ii) the
BuckStalkerTM Software is NOT modified; (iii) all copyright
notices are maintained on the BuckStalkerTM Software; and
(iv) you agree to be bound by the terms of this License Agreement. The
BuckStalkerTM Software and Documentation shall be used only
by you, only for your own personal or internal business use and not in
the operation of a service bureau or for the benefit of any other person
or entity.
2.2 Ownership
Users of the BuckStalkerTM Software have no ownership rights
in the BuckStalkerTM Software. Rather, you have a license to
use the BuckStalkerTM Software as long as this License
Agreement remains in full force and effect. Ownership of the Software,
Documentation and all intellectual property rights therein shall remain
at all times with Spectrum’s Edge. Any other use of the BuckStalkerTM
Software by any person, business, corporation, government organization
or any other entity is strictly forbidden and is a violation of this
Agreement.
2.3 Automatic Updates
The BuckStalkerTM Software may be configured to automatically
update the software or the maps therein.
By using the program, you consent to such automatic updates.
2.4. License Key
The BuckStalkerTM Software may require a license key to
unlock full use of the program.
The BuckStalkerTM Software may ensure the validity of
a current and proper license by storing identifying information on the
User’s computer.
2.5 Map Data
As part of BuckStalkerTM, Spectrum’s Edge may incorporate map
and coordinate data or images from third parties (“Data”), including
Microsoft® TerraServer
3.0. User Obligations
Any person or entity who accesses BuckStalkerTM website or
Software is a “User” and is bound by the terms of this Agreement.
As a part of your acceptance of the Agreement, and in
consideration for Spectrum’s Edge providing continued access to
BuckStalkerTM, you have certain obligations. These include,
but are not limited to, the obligations described in this section.
3.1. General Obligations
In consideration of your use of BuckStalkerTM, you represent
that you are of legal age to form a binding contract and are not barred
from receiving services under the laws of the
3.2. User Account, Password, and Security
If BuckStalkerTM makes an account available to you as a User,
you will receive a password and account designation for your new User
Account. You are responsible for maintaining the confidentiality of the
password and account designation, and you are fully responsible for all
activities that occur under your User Account. By registering as a User,
in addition to your consent to abide by the other terms of the
Agreement, you expressly agree to:
(a) immediately notify Spectrums’
Edge of any unauthorized use of your password or User Account or any
other breach of security, and
(b) ensure that you exit from your
account at the end of each session. Spectrum’s Edge cannot and will not
be liable for any loss or damage arising from your failure to comply
with this Section.
3.4. User Provided Content
You understand that all User submitted information, data, text,
photographs, video, messages or other materials ("Content"), whether
accessed via BuckStalkerTM software or website, are the sole
responsibility of the person from whom such Content originated.
Spectrum’s Edge does not control the Content transmitted or
posted via BuckStalkerTM software or website and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using BuckStalkerTM, you may be
exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will Spectrum’s Edge be liable in any way for any
Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the
use of any Content transmitted otherwise made available via BuckStalkerTM.
More information about the permitted uses of Content and Material via
BuckStalkerTM is contained in § 5 of this Agreement.
More information regarding the submission of User Content is
contained in § 6 of this Agreement.
3.6. User Conduct
You agree that you will not use BuckStalkerTM Services to:
(a) transmit or make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with any person or entity;
(d) forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Services;
(e) transmit
or make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(f) transmit
or make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
(g) transmit or make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose and only to
the extent authorized;
(h) transmit or make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy, limit, or maliciously alter the
functionality of any computer software, hardware, telecommunications
equipment;
(i) disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other Users of the Services are able to type, or
otherwise act in a manner that negatively affects other Users'
ability to engage in real time exchanges;
(j) interfere with
or disrupt the Services or servers or networks connected to the
Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website;
(k) intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
(l)
provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
(m) "stalk" or otherwise
harass another;
(n) collect information or communications through
BuckStalkerTM using bots or other automated techniques,
unless expressly authorized to do so; or
(o) collect, store, or post
personal data about other Users in connection with the prohibited
conduct and activities set forth in paragraphs (a) through (n) above.
3.7. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell, or
exploit for any commercial purpose, any portion of BuckStalkerTM,
use of BuckStalkerTM , or access to BuckStalkerTM.
3.8. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with
all rules regarding online conduct specific to any geographic location
in which you use BuckStalkerTM. You also agree to comply with
any applicable
4.0. Termination of the Agreement
You agree that Spectrum’s Edge may, without prior notice and at
Spectrum’s Edge sole discretion, immediately terminate your access to
BuckStalkerTM and, if applicable, your User Account.
Cause for such termination may include, but is not limited to:
(a) breaches or violations of the Agreement or other incorporated
agreements or guidelines;
(b) requests by law enforcement or other
government agencies;
(c) termination at your request;
(d)
discontinuance or material modification to BuckStalkerTM or
any portion thereof;
(e) unexpected technical or security issues or
problems;
(f) extended periods of account inactivity;
(g) your
engagement in fraudulent or illegal activities, whether related to your
use BuckStalkerTM or not; or
(h) nonpayment of any fees
owed by you in connection with BuckStalkerTM.
4.1. Termination of
User Account
If Spectrum’s Edge terminates your User Account, Spectrum’s Edge may
take any or all of the following actions:
(a) removal of access to
all offerings within BuckStalkerTM;
(b) deletion of your
password and all related information, files, and Content associated with
or inside your User Account; and
(c) barring of further use of
BuckStalkerTM.
Spectrum’s Edge failure to take one of
these actions is not a waiver of its right to terminate your User
Account and does not constitute a decision that your User Account is not
terminated. Further, you agree that Spectrum’s Edge will make the
decision to terminate your User Account at Spectrum’s Edge sole
discretion, and that Spectrum’s Edge will not be liable to you or to any
third-party for any damages resulting from termination of your User
Account, or loss of access to the BuckStalkerTM.
Any service fees shall be returned at a pro-rated amount due for the
unused portion of the services beginning with the first month following
the termination.
5.0. Spectrum’s Edge Proprietary Rights
Spectrum’s Edge owns certain valuable intellectual property included in
BuckStalkerTM. The following describes your license to use
that intellectual property, and your obligations to use it in accordance
with that license.
5.1. Ownership of Materials
BuckStalkerTM contains information, text, software, photos,
video, graphics, music, sounds, and other material (collectively
"Materials") that are protected by copyrights, trademarks, trade
secrets, patents or other proprietary rights (called "Intellectual
Property Rights"). These Intellectual Property Rights are valid and
protected in all forms, media and technologies existing now or developed
later. All right, title, and interest in these Materials, with the sole
exception of any User provided and User submitted Content as described
in § 6, belong solely and exclusively to Spectrum’s Edge.
5.2. Use of the Materials
Except as you may be expressly permitted by the Agreement, you may not
use, modify, adapt, reformat, download, upload, post, reproduce,
broadcast, publish, display, perform, transfer or redistribute any
Materials in any form, format or media or by means of any technology
without obtaining the prior written authorization of Spectrum’s Edge,
and any other owner of the Intellectual Property Rights in such
Materials.
You must have prior written permission from Spectrum’s Edge to reproduce
Content from BuckStalkerTM, except any Content you have
uploaded or transmitted and provided to BuckStalkerTM. If you
reproduce Materials from BuckStalkerTM with permission from
Spectrum’s Edge or as a fair use, you must preserve any copyright,
trademark or other notices contained in or associated with the
Materials. This means, among other things, that if the specific Material
you are reproducing does not contain the relevant notices that appear on
BuckStalkerTM, you must go to the place on the BuckStalkerTM
where such notices appear and copy them into the Materials you are
reproducing.
5.3. Spectrum’s Edge's Copyrights and Trademarks
All copyrights and copyrightable materials which are part of BuckStalkerTM
that are not User Content, including without limitation, BuckStalkerTM
logos, designs, text, graphics, pictures, photos, files, software,
applications, code, hidden text, databases and other files, and the
selection and arrangement thereof are COPYRIGHT © 2009 SPECTRUM’S EDGE,
INC. ALL RIGHTS RESERVED.
BuckStalkerTM, and the
BuckStalkerTM logo are trademarks or registered trademarks of
Spectrum’s Edge and may not be copied, imitated or used, in whole or in
part, without the prior written permission of Spectrum’s Edge.
6.0. User Content
As part of BuckStalkerTM, Spectrum’s Edge may allow you to
post your own Content to BuckStalkerTM or to transmit Content
to other Users or third-parties. These sections govern the posting or
transmission of such Content.
6.1. Rights in Content Submitted or Made Available via
BuckStalkerTM
By submitting Content to BuckStalkerTM, you acknowledge:
(a) You own all intellectual property rights in such Content, or have
license to use the intellectual property rights in such Content,
including, but not limited to, any copyright, trademark, patent or trade
secret information submitted to BuckStalkerTM; and
(b) You
alone shall defend any proceeding regarding the ownership of, usage of
or rights to such Content, at your own expense.
Spectrum’s Edge
does not claim ownership of, or any right in, Content you submit to or
make available for inclusion via BuckStalkerTM. However, you
grant Spectrum’s Edge a worldwide, royalty-free, non-exclusive,
perpetual, irrevocable and unrestricted license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such Content and to incorporate such Content into other
works in any format or medium now known or later developed.
6.2. Removal of Content
You agree that Spectrum’s Edge has the right, but not the obligation, in
its sole discretion to pre-screen, move, or remove any Content that is
available via BuckStalkerTM that violates the terms of the
Agreement; any Content that violates any of Spectrums’ Edge’s or a
third-party's Intellectual Property Rights; or any other Content without
limitation.
6.3. Transmission and Processing of Your Content
You understand that the technical processing and transmission of
BuckStalkerTM, including User generated Content, may involve:
(a) transmissions over various networks; and
(b) changes to
conform and adapt to technical requirements of connecting networks or
devices.
7.0. Claims of Copyright or Trademark Infringement
This section describes the way in which Spectrum’s Edge resolves claims
of copyright or trademark infringement involving actions by Users.
7.1. Notice Procedure for Infringement Claims
Spectrum’s Edge respects the Intellectual Property Rights of others, and
Spectrum’s asks Users to do the same. Spectrum’s Edge may, in
appropriate circumstances and at its discretion, disable or terminate
the User Accounts of Users who may repeatedly infringe the Intellectual
Property Rights of others. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your Intellectual
Property Rights have been otherwise violated, please provide Spectrum’s
Edge’s Copyright Agent the following notice and information (“Notice”):
(a) an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
(b) a description of the copyrighted work or other
intellectual property that you claim has been infringed;
(c) a
description of where the material that you claim is infringing is
located on BuckStalkerTM;
(d) your address, telephone
number, and email address;
(e) your statement that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
(f) your statement, made under penalty
of perjury, that the above Notice is accurate and that you are the
copyright or intellectual property owner or are authorized to act on the
copyright or intellectual property owner's behalf.
Spectrum’s
Edge Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Spectrum's Edge, Inc.
Attn:
Copyright Agent
By Web:
Support@BuckStalker.com
7.2. Counter-Notice Procedure
If material you have posted on Spectrum’s Edge Services has been removed
pursuant to the Notice procedure described above in § 7.1, and you
believe that that material is not infringing or that your use of the
material is by permission of the copyright owner or is otherwise in
accordance with law, you may send a Counter-Notice to the Spectrum’s
Edge Copyright Agent containing the following information:
(a) your
physical or electronic signature;
(b) identification of the content
that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or
disabled;
(c) a statement that you have a good faith belief that the
content was removed or disabled as a result of mistake or a
misidentification of the content; and
(d) your name, address,
telephone number, and e-mail address.
A Counter-Notice must be
received within 10 business days of any notification of a take down
provided by Spectrum’s Edge.
If Spectrum’s Edge Copyright Agent receives a Counter-Notice, Spectrum’s
Edge may send a copy of the Counter-Notice to the complaining party that
filed the original Notice.
Unless the complaining party files an action seeking a court order
against the User identified in the Notice within 10 business days from
receipt of the Counter-Notice, Spectrum’s Edge may replace the removed
content or cease disabling it at Spectrum’s Edge’s sole discretion.
8.0. Privacy
Spectrum’s Edge, Inc. takes the privacy of our User’s information very
seriously. This section describes the privacy policy, and some important
limitations to it.
8.1. Spectrum’s Edge Privacy Policy
Registration Data and certain other information about you, known as
"Personally Identifiable Information," is subject to Spectrum’s Edge
Privacy Policy. By using BuckStalkerTM, you represent that
you have read that Privacy Policy and that you have accepted its terms.
You understand that through your use of BuckStalkerTM you
consent to the collection and use of this information (as set forth in
the Privacy Policy), including the transfer of this information to the
8.2. Limitation on the Privacy of Your Registration Data and Content
You agree that Spectrum’s Edge may access, preserve and disclose your
Personally Identifiable Information, User Account information, and
Content if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to:
(a)
comply with legal process;
(b) enforce the Agreement;
(c)
respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect
the rights, property or personal safety of Spectrum’s Edge, its Users,
and
the public.
9.0. Your Relationship with Third Parties
It may be possible for Users of BuckStalkerTM to enter into
relationships with third-parties through BuckStalkerTM,
either with other Users of the BuckStalkerTM community,
advertisers, third-parties located through links on the Website, or
third-parties located through links transmitted via the BuckStalkerTM.
Spectrum’s Edge is not
responsible for the actions of third-parties, including third-party
websites or Users. This section notifies you of those limitations.
9.1. Dealings with Advertisers or Third Parties
You agree that Spectrum’s Edge is not liable for any damage incurred as
the result of any correspondence or dealing between you and a
third-party found through your use of BuckStalkerTM. You
agree that Spectrum’s Edge is not liable for any damage incurred as the
result of the presence or absence of any advertiser or User of
BuckStalkerTM.
9.2. User Disputes
You agree that you are solely responsible for your interactions with
other Users. Spectrum’s Edge has no obligation to monitor disputes
between you and other Users. However, Spectrum’s Edge reserves the right
to monitor disputes between you and other Users, Spectrum’s Edge may
take any action Spectrum’s Edge deems appropriate in Spectrum’s Edge’s
sole discretion and consistent with the terms of the Agreement.
9.3. User Interactions and Physical Meetings
Through BuckStalkerTM, Spectrum’s Edge may provide tools that
enable Users to communicate with each other, to meet and network
off-line, and to arrange physical meetings at venues that may include,
but are not limited to, public parks, private homes, or private
enterprise. SPECTUM’S EDGE has no control over the identity or actions
of the individuals who are present at these meetings.
Spectrum’s Edge does not supervise or control physical meetings
or interactions between Users and other persons or companies.
Spectrum’s Edge is not involved in any way with physical
transportation to or from physical meetings or interactions, nor with
the actions of any individuals at these meetings.
See § 10.2 below for more information.
9.4. Links
Spectrum’s Edge, Users, or third parties may provide links through
BuckStalkerTM
to other World Wide Web sites or resources. Because Spectrum’s Edge has
no control over such sites and resources, you agree that Spectrum’s Edge
is not responsible for the availability of such external sites or
resources, and you agree that Spectrum’s Edge does not endorse and is
not responsible or liable for any content, advertising, products or
other materials on or available from such other sites or resources. You
further agree that Spectrum’s Edge is not liable, directly or
indirectly, for any damage or loss caused by or in connection with the
use of or reliance on any such content, goods or services associated
with any such site or resource.
10.0. Disclaimers and Limitations
This section includes important disclaimers and limitations of
liability.
10.1. Disclaimer of Warranties
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION
ON BuckStalkerTM ARE PROVIDED ENTIRELY "AS IS,” “AS
AVAILABLE,” AND WITHOUT ANY WARRANTY WHATSOEVER.
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY
DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM SPECTUM’S EDGE
OR THROUGH OR FROM THE BuckStalkerTM SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10.2. Limitation of Liability
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
IN NO EVENT SHALL SPECTRUM’S EDGE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES,
SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY
DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING
WITHOUT LIMITATION, COST OF COVER) DAMAGES, LOSS OR INJURY ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR
OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER
LINKS OR LINKED WEBSITES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES
ARISE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE),
STRICT LIABILITY OR OTHER LEGAL BASIS NOW OR HEREAFTER KNOWN. THE TERM
"DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS FEES, LOST PROFITS,
PHYSICAL AND/OR PERSONAL INJURY, BUSINESS INTERRUPTION, AND LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU AGREE
AND ACKNOWLEDGE THE ECONOMIC TERMS OF THIS AGREEMENT FAIRLY AND
EQUITABLY REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION
OF RISK IS A MATERIAL INDUCEMENT FOR US TO MAKE AVAILABLE TO YOU OUR
SERVICES, WEBSITE AND OTHER CONTENT AND MATERIALS.
SPECTRUM’S EDGE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE
SPECTUM’S EDGE SERVICES.
SPECTRUM’S EDGE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING
PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICES,
ANY CONTENT POSTED VIA THE SERVICES OR TRANSMITTED TO USERS, OUR
RESOLUTION OF DISPUTES BETWEEN OR AMONG USERS, INTERACTIONS BETWEEN OR
AMONG USERS OR THIRD PARTIES, OR ANY TRANSPORTATION TO A MEETING WITH
ANY USERS OR THIRD PARTY.
You further waive any and all rights and benefits
otherwise conferred by any statutory or non-statutory law of any
jurisdiction that would purport to limit the scope of a release or
waiver. You waive and relinquish all rights and benefits which you have
or may have under Section 1542 of the Civil Code of the State of
California or any similar provision of the statutory or non-statutory
law of any other jurisdiction (including without limitation the states
of Missouri, Delaware and Pennsylvania) to the full extent that you may
lawfully waive all such rights and benefits.
10.3. Indemnification
You agree to indemnify and defend Spectrum’s Edge and its subsidiaries,
affiliates, officers, agents, employees, partners, licensors and
licensees from any claim or demand, including attorney's fees and costs,
made by any third party due to or arising out of your use of Spectrum’s
Edge Services, your connection with BuckStalkerTM, or your
violation of the Agreement.
10.4. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided herein, the
Agreement does not confer and is not intended to confer any rights or
remedies upon any person other than you.
10.5. Assumption of Risk
You agree that you must evaluate and bear all risks associated with the
use of BuckStalkerTM or Content available via BuckStalkerTM,
including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on
any Content created by Spectrum’s Edge or submitted to or via
BuckStalkerTM.
10.6. Hunting
Requirements
Spectrum’s Edge makes no claims or statements regarding the safety,
availability, lawfulness, or licenses required for proper and safe
scouting or hunting in any area, and you engage in any such activity
solely at your own risk.
Users should check with local authorities and follow all posted signage
before scouting or hunting any area.
11.0. Dispute Resolution
This section contains agreements regarding how you and Spectrum’s Edge
will resolve any dispute, controversy, claim, or cause of action arising
out of or in connection to BuckStalkerTM services; this
Agreement (including the Privacy Policy); the rights of you or
Spectrum’s Edge under this Agreement; any breach of this Agreement; or
other services, products, and content that may be provided by, through,
or in connection with BuckStalkerTM (each, a “Dispute”).
11.1. No Amendment
In any Dispute, the parties agree the terms and conditions of this
Agreement in effect at the time the Dispute arose shall apply to the
Dispute, including any amendments to the Agreement posted prior to the
Dispute arising. No
amendments to the Agreement posted by Spectrum’s Edge after Spectrum’s
Edge had actual notice of the Dispute shall apply to such Dispute.
11.2. Arbitration
Except as provided in § 11.5, you and Spectrum’s Edge each agree to
submit to binding arbitration in the event of any Dispute, as defined in
Section 11.0. The arbitration will be held in
If you fail to select an arbitration organization within 30 days after
notice from Spectrum’s Edge, Spectrum’s Edge may select the
organization. You may obtain a copy of the rules of each organization by
contacting the organization. In the event that any Dispute cannot be
submitted to binding arbitration pursuant to the rules of any such
organization, such event shall not affect the enforceability of this
clause so long as the Dispute may be submitted to binding arbitration
with one of the organizations. You and Spectrum’s Edge shall agree on
one arbitrator to conduct the arbitration and the arbitrator shall be
selected pursuant to the applicable rules. Each party shall be
responsible for its own attorney, expert and other fees, unless such
fees are awarded by the arbitrator to the prevailing party.
11.3. Arbitration Is Final
The arbitrator's award is final and binding on all parties. The Federal
Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning
arbitration, governs all arbitration under this clause. Any court having
jurisdiction may enter judgment on the arbitrator's award. If any part
of this clause, other than waivers of class action rights, is deemed or
found to be unenforceable for any reason, the remainder shall remain
enforceable. Notwithstanding anything to the contrary contained herein,
if the waiver of class action rights contained herein is not enforceable
as to any person or persons, the provisions of Section 12.2 of these
Terms of Service shall apply to such person or persons only, and all
other persons shall continue to be governed by § 11 of this Agreement.
11.4. No Class Action
This Agreement provides that all Disputes, except those stated in §
11.5, will be resolved by binding arbitration and not in court or by
jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO
PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM
YOU MAY HAVE AGAINST THE COMPANY INCLUDING ANY RIGHT TO CLASS
ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT
LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE
IN A CLASS ACTION AS SET
11.5 Violations of
Spectrum’s Edge Proprietary Rights
To the extent you have in any manner violated or threatened to violate
Spectrum’s Edge’s Intellectual Property Rights, Spectrum’s Edge may seek
injunctive or other appropriate relief in any state or federal court in
the state of
12.0. Governance
This section includes several important clauses governing the
interpretation of the Agreement, where and under what law disputes may
be adjudicated, and other important aspect of the governance of the
Agreement.
12.1. Entire Agreement
This Agreement constitutes the final agreement between you and
Spectrum’s Edge. It is the complete and exclusive expression of your
agreement on the matters contained herein. All prior and contemporaneous
negotiations and agreements between you and Spectrum’s Edge on matters
contained in the Agreement are expressly merged into and superseded by
the Agreement. The provisions of the Agreement may not be explained,
supplemented or qualified through evidence of trade usage or a prior
course of dealings. In entering into the Agreement, neither you nor
Spectrum’s Edge has relied upon any statement, representation, warranty
or agreement of the other party except for those expressly contained in
the Agreement. THERE ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF
THIS AGREEMENT, OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT.
12.2. Choice of Law, Forum, and Venue
THE LAWS OF THE STATE OF
You have agreed in Section 11 to submit to binding
arbitration. However, if Section 11 is found not to have legal affect by
any court with jurisdiction over the Agreement, actions arising out of
or related to the Agreement, and Spectrum’s Edge itself, then you agree
that any legal action or proceeding against Spectrum’s Edge arising out
of or related to the Agreement may be brought only in the United States
District Court for the Western District of Virginia, or in any court of
the State of Virginia.
12.3. Severability and Waiver
Spectrum’s Edge, Inc.’s failure to exercise or enforce any right granted
in the Agreement shall not constitute a waiver of such right.
If
any provision of the Agreement is found by a court of competent
jurisdiction to be invalid, you nonetheless agree that such court should
endeavor to give full effect to the parties' intentions as reflected in
such provision, and you agree that other provisions of the Agreement
remain in full effect.
12.4. No Agency
This Agreement creates no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship between you and
Spectrum’s Edge, and intends no such relationship.
12.5. Survival
Sections 10, 11 and 12 will survive the termination or expiration of the
Agreement.
12.6. Claim Time Limitation
You agree that regardless of any law to the contrary, any claim, cause
of action, or other Dispute arising out of or related to use of
BuckStalkerTM or the Agreement must be filed within one year
after such claim, cause of action, or other Dispute arises, or be
forever barred.
12.7. Captions Not Binding
The captions and numbering of the Agreement are a convenience only and
have no legal effect.