Last Revised on November 15, 2007
Welcome to Mossy Oak Interactive, LLC . This web
site is operated by Haas Outdoors, Inc. and its subsidiary Mossy Oak Interactive
(collectively, "us", "we" or the “Company"). By accessing or using our web site
(together with all content available through the website, the "Site") or by posting
on the Site, you (the "User") signify that you have read, understand and agree to
be bound by these Terms of Use ("Terms of Use"), whether or not you are a registered
member of the Site.
We reserve the right, at our sole discretion, to change, modify, add,
or delete portions of these Terms of Use at any time without further notice. If
we do this, we will post the changes to these Terms of Use on this page and will
indicate at the top of this page the date these Terms of Use were last revised.
Your continued use of the Site after any such changes constitutes your acceptance
of the new Terms of Use. If you do not agree to abide by these or any future Terms
of Use, do not use or access (or continue to use or access) the Site. It is your
responsibility to regularly check the Site to determine if there have been changes
to these Terms of Use and to review such changes.
Please note that the guidelines, policies and other terms and conditions
of use and sale at retail outlets owned by the Company or its affiliates, other
websites operated by the Company or its affiliates and/or co-branded websites may
vary.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS
AND EXCLUSIONS, AND AN ARBITRATION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Contents
Privacy Policy
We care about the privacy of our Users. Click
here to view the Site's Privacy Policy. By using the Site, you are consenting
to have your personal data transferred to and processed in the United States.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on the Site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
Eligibility
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Use. In any case, you affirm that you are over the age of 13, as
the Site is not intended for children under 13. If you are under
13 years of age, then please do not use the Site -there are lots of other great
web sites for you. Talk to your parents about what sites are appropriate for you.
Intellectual Property Rights; Limited License
All content on the Site, including but not limited to designs, text,
graphics, pictures, video, information, software, music, sound and other files,
and their selection and arrangement (the "Site Content"), are the proprietary property
of the Company, its Users or its licensors with all rights reserved. No Site Content
may be modified, copied, distributed, framed, reproduced, republished, downloaded,
displayed, posted, transmitted, or sold in any form or by any means, in whole or
in part, without the Company's prior written permission, except that the foregoing
does not apply to your own User Content (as defined below) that you legally post
on the Site. Provided that you are eligible for use of the Site, you are granted
a limited license to access and use the Site and to download or print a copy of
any portion of the Site Content solely for your personal, non-commercial use, provided
that you keep all copyright or other proprietary notices intact. Except for your
own User Content, you may not republish Site Content on any Internet, Intranet or
Extranet site or incorporate the information in any other database or compilation,
and any other use of the Site Content is strictly prohibited. Such license is subject
to these Site Terms and does not include use of any data mining, robots or similar
data gathering or extraction methods. Any use of the Site or the Site Content other
than as specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws including without limitation copyright
and trademark laws and applicable communications regulations and statutes. Unless
explicitly stated herein, nothing in these Terms of Use shall be construed as conferring
any license to intellectual property rights, whether by estoppel, implication or
otherwise. This license is revocable at any time without notice and with or without
cause.
MOSSY OAK, MOSSYOAK.COM and other graphics, logos, designs, page headers,
button icons, scripts and service names are registered trademarks, trademarks or
trade dress of the Company in the U.S. and/or other countries. The Company's trademarks
and trade dress may not be used, including as part of trademarks and/or as part
of domain names, in connection with any product or service in any manner that is
likely to cause confusion and may not be copied, imitated, or used, in whole or
in part, without the prior written permission of the Company.
You understand that the Site is available for your personal, non-commercial
use only and may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by the Company. You represent,
warrant and agree that no materials of any kind submitted through your account or
otherwise posted or shared by you through the Site will violate or infringe upon
the rights of any third party, including copyright, trademark, privacy, publicity
or other personal or proprietary rights; or contain libelous, defamatory or otherwise
unlawful material. You agree not to harvest or collect email addresses or other
contact information of Users from the Site by electronic or other means for the
purposes of sending unsolicited emails or other unsolicited communications. Additionally,
you agree not to use automated scripts to collect information from the Site or for
any other purpose. You further agree that you may not use the Site in any unlawful
manner or in any other manner that could damage, disable, overburden or impair the
Site.
The following is a partial list of the kind of activity that is illegal
or prohibited on the Site. We reserve the right to investigate and take appropriate
legal action against anyone who, in our sole discretion, violates this User Conduct
provision, including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
• uploading, posting, transmitting, sharing,
storing or otherwise making available any content that we deem to be harmful, threatening,
unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically
or otherwise objectionable;
• registering for a User account on behalf
of an individual other than yourself or register for a User account on behalf of
any group or entity;
• impersonating any person or entity, or
falsely stating or otherwise misrepresenting yourself, your age or your affiliation
with any person or entity;
• uploading, posting, transmitting, sharing or otherwise
making available any unauthorized advertising, solicitations, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• uploading, posting, transmitting, sharing,
storing or otherwise making publicly available on the Site any private information
of any third party, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
• soliciting personal information from
anyone under 18 or solicit passwords or personally identifying information for commercial
or unlawful purposes;
• uploading, posting, transmitting, sharing
or otherwise making available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
• intimidating, harassing or advocating
the intimidation or harassment of another person;
• uploading, posting, transmitting, sharing
or otherwise making available any content that we deem contains excessive violence
against any person, animal or property, or promotes the use of excessive violence
against any person, animal or property.
• uploading, posting, transmitting, sharing,
storing or otherwise making available content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any party, or
that would otherwise create liability or violate any local, state, national or international
law;
• using or attempting to use another User's
account, service or system without authorization from the Company, or create a false
identity on the Site.
• uploading, posting, transmitting, sharing,
storing or otherwise making available content that, in the sole judgment of the
Company, is objectionable or which restricts or inhibits any other person from using
or enjoying the Site, or which may expose the Company or its Users to any harm or
liability of any type.
Your Account
In order to access some features of the Site, you will have to create
an account. This account includes a storage maximum of 500 MB for video and 50 MB for photo content. You may never use another User's account without permission. When creating
your account, you must provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and you must keep your
account password secure. You may not transfer your account to any other person.
You must notify us immediately of any breach of security or unauthorized use of
your account. Although the Company will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the losses of the Company
or others due to such unauthorized use. If you violate the Terms of Use, Mossy Oak has the right to deactivate your account.
General
•
All payments must be made by VISA, MasterCard, American Express or Discover Card.
You must be authorized to use the payment method.
We do not accept cash, checks or any other payment
form. You agree to pay all fees and charges incurred in connection with your account
and its password (including any applicable taxes) at the rates in effect when the
charges were incurred. If we do not receive payment from your credit card issuer
or its agent, you agree to pay all amounts due upon demand by the Company.
Unless you notify us of any discrepancies or unauthorized charges within
sixty (60) days after they first appear on your credit card statement, they will
be deemed accepted by you for all purposes, including resolution of inquiries made
by your card issuer. You release the Company from all liabilities and claims of
loss resulting from any error or discrepancy that is not reported to the Company
within sixty (60) days of its first appearance on an invoice or credit card statement.
•
Your account may be deactivated without notice to you if payment is past due, regardless
of the dollar amount. You agree to pay any outstanding balance in full within thirty
(30) days of cancellation or termination of your account.
•
You are responsible for paying any governmental taxes imposed on your use of the
Site and the services offered by or through the Site, including, but not limited
to, sales, use or value-added taxes.
•
We may impose a transaction fee for certain features or services available
on the Site. For example, a transaction fee may be charged for
the purchase of downloaded tracks or burns. Such transaction fee will be disclosed
to you prior to your agreement to the relevant transaction, such as through the
order path for such feature or service or in a similar, explicit manner. Another
example is a transaction fee may be charged for the purchase of additional storage
beyond the maximum storage limit provided within the Obsession registration
as outlined within the Offer Terms.
•
WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR BILLING METHODS,
INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR
SERVICES PROVIDED BY US, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE
SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you,
you may terminate your subscription by going to http://www.mossyoak.com/profile/cancelSub.aspx.
Your continued use of the Site following the effective date of a change to fees
or billing methods shall constitute your acceptance of such change.
•
You agree that the Company, in its sole discretion, with or without prior notice,
may freeze or terminate your user name, password or use of the Site (or any part
thereof) for any reason, including, without limitation, if the Company believes
that you have violated or acted inconsistently with the letter or spirit of this
Terms of Use.
•
The Company may in its sole discretion and at any time modify or discontinue providing
any features or services, or any part thereof, available through the Site with or
without notice. Further, you agree that the Company shall not
be liable to you or any third-party for any interference with or termination of
your access to the Site.
You are solely responsible for the photos, profiles, messages, notes,
text, information, music, video and other content that you upload, publish or display
(hereinafter, "post") on or through the Site, or transmit to or share with other
Users (collectively the "User Content"). You understand and agree that the Company
may, but is not obligated to, review and delete or remove (without notice) any User
Content in its sole discretion, including without limitation User Content that in
the sole judgment of the Company violate this Terms of Use or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of Users
or others.
You acknowledge that User Content is not confidential. You affirm
that you have all necessary rights, title and interest in and to, or alternatively,
hold and will continue to hold, the right to license, sell, distribute, convey,
transfer, and sublicense all User Content that you supply to and through the Site
and its Users in such format that is contemplated when you upload, submit or deliver
the User Content to the Site and its Users. You agree that you
are the person or that you have obtained the proper consents from the persons or
their guardians who appear or who the likeness of appears in the User Content. You
are responsible for all licensing and other fees due for the use and distribution
of your User Content. You agree that the User Content and the rights and licenses
that you grant under this Terms of Use (1) do not and will not violate any applicable
laws, statutes, ordinances or regulations, (2) do not and will not violate any copyright
or other intellectual property right (including the right of publicity or privacy)
of any person or entity, and (3) do not violate any other duty or obligation that
you may have to any other person or entity. You understand that we may request documentation
evidencing these rights, and you agree to promptly submit this documentation.
By posting User Content to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to grant, to the Company
an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part) and distribute such User Content
for any purpose on or in connection with the Site or the promotion thereof, to prepare
derivative works of, or incorporate into other works, such User Content, and to
grant and authorize sublicenses of the foregoing. You may delete your User Content
from the Site at any time; however, access to such deleted User Content may remain
available on the Site as a result of shared entries or other features offered on
the Site. In no event will the Company be responsible for deleting
any User Content or returning any User Content to you. In the
event that your account becomes deactivated, the Company may delete all User Content
associated with the deactivated account.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright
which you own or control, you may send a written notification of such infringement
to our designated agent as set forth below:
Name: Stuart Whitaker
Address: 200 E. Main Street, West Point, MS 39773
Phone: 601-494-8859
e-mail: copyrightinfringement@mossyoak.com
To meet the notice requirements under the Digital Millennium Copyright
Act, the notification must be a written communication that includes the following:
• A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
• Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works at
that site;
• Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material;
• Information reasonably sufficient to
permit us to contact the complaining party, such as an address, telephone number
and, if available, an electronic mail address at which the complaining party may
be contacted;
• A statement that the complaining party
has a good-faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable
law, the Company has adopted a policy of terminating, in appropriate circumstances
and at the Company's sole discretion, members who are deemed to be repeat infringers.
The Company may also at its sole discretion limit access to the Site and/or
terminate the memberships of any Users who infringe any intellectual property rights
of others, whether or not there is any repeat infringement.
Links to Third Party Sites and Content
The Site contains (or you may be sent through the Site) links to other
web sites ("Third Party Sites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, software and other content
belonging to or originating from third parties (the "Third Party Content"). Such
Third Party Sites and Third Party Content are not investigated, monitored or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third Party Sites accessed through the Site or any Third Party Content posted
on the Site, including without limitation the content, accuracy, offensiveness,
opinions, reliability or policies of or contained in the Third Party Sites or the
Third Party Content. Inclusion of or linking to any Third Party Site or any Third
Party Content does not imply approval or endorsement thereof by us. If you decide
to leave the Site and access the Third Party Sites, you do so at your own risk and
you should be aware that our terms and policies no longer govern. You should review
the applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site.
The Site may now or in the future offer a feature whereby Users of
the Site can share with others or post to their own member profile, videos, articles,
and other Third Party Content from, and/or links to, Third Party Sites. You acknowledge
and agree that your use of this feature and all links, User Content or Third Party
Content shared through this feature are subject to, and will fully comply with the
User Conduct rules set forth above and the other terms and conditions set forth
in these Terms of Use.
You are solely responsible for your interactions with other Users.
We reserve the right, but have no obligation, to monitor disputes between you and
other Users.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Site may be temporarily unavailable from time to time for maintenance
or other reasons. We assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, any User Content
or other communications or content uploaded, posted, transmitted, shared or stored
on the Site. The Company is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or the Site or combination thereof,
including injury or damage to Users or to any other person's computer related to
or resulting from participating or downloading materials in connection with the
Web and/or in connection with the Site.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY
SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Site is controlled and offered by the Company
from its facilities in the United States of America. The Company makes no representations
that the Site is appropriate or available for use in other locations. Any offer
for any feature, product or service made through the Site is void where prohibited
by local law, rules or regulations. Those who access or use the
Site from outside the United States do so at their own volition and are solely responsible
for compliance with all applicable local, regional and national laws.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation
of any third party right, including without limitation any copyright, property,
or privacy right; or (iv) any claim that one of your User Content caused damage
to a third party. This defense and indemnification obligation will survive these
Terms of Use and your use of the Ste.
Arbitration
YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY
FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE
TERMS OF USE AND THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE
FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has
in any manner infringed upon or violated or threatened to infringe upon or violate
the other party's patent, copyright, trademark or trade secret rights, such other
party may seek injunctive or other appropriate relief.
Arbitration under these Terms of Use shall be conducted by the American
Arbitration Association (the "AAA") under its Commercial Arbitration Rules and,
in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer
Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The
location of the arbitration and the allocation of costs and fees for such arbitration
shall be determined in accordance with such AAA Rules and shall be subject to the
limitations provided for in the AAA Consumer Rules (for consumer disputes). If such
costs are determined to be excessive in a consumer dispute, the Company will be
responsible for paying all arbitration fees and arbitrator compensation in excess
of what is deemed reasonable. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION
OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM,
INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF
THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
Miscellaneous
You agree that: (i) the Site shall be deemed solely based in Mississippi;
and (ii) the Site shall be deemed a passive website that does not give rise to personal
jurisdiction over the Company, either specific or general, in jurisdictions other
than Mississippi. These Terms of Use shall be governed by the internal substantive
laws of the State of Mississippi, without respect to its conflict of laws principles.
These Terms of Use, together with the
Privacy Policy and any other legal notices published by the Company
on the Site, shall constitute the entire agreement between you and the Company concerning
the Site. If any provision of these Terms of Use is deemed invalid, the invalidity
of such provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver of any term
of this these Terms of Use shall be deemed a further or continuing waiver of such
term or any other term, and the Company’s failure to assert any right or provision
under these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by the Company without
restriction.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
