Terms & Conditions
This terms of agreement (“agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Muskie Centric Revolution and its affiliated companies (collectively, “Company” or “we” or “us” or “our”). Concerning your access to and use of the Muskie Centric Revolution Website as well as any other media form, media channel, mobile Website or mobile application related or connected thereto (collectively, the “Website”. The Website provides the following service: Commerce for fishing lures (“Muskie Centric Revolution Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this agreement by reference.
Musky Centric Revolution makes no representation that the Website is appropriate or available in other locations other than where it is operated by Muskie Centric Revolution. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Muskie Centric Revolution to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this agreement prior to you using the Website, Persons under the age of 13 are not permitted to register for the Website or use Muskie Centric Revolution’s services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFACATIONS THAT MUSKIE CENTRIC REVOLUTION MAY MAKE TO THIS AGREMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS MUSKIE CENTRIC REVOLUTION SERVICES OR THE WEBSITE.
Muskie Centric Revolution bills you through an online account for purchases or products and/ or services. You agree to pay Muskie Centric Revolution all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Muskie Centric Revolution to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Muskie Centric Revolution reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment, Sales Tax will be added to the sales price of purchases as deemed required by Muskie Centric Revolution. Muskie Centric Revolution may change prices at any time. All payments shall be in U.S. dollars.
All sales are final and no refunds shell be issued.
Regarding Your Registration
By using Muskie Centric Revolution services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
E. your use of Muskie Centric Revolution Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Muskie Centric Revolution has reasonable grounds to suspect that such information in untrue, inaccurate, not current or incomplete, Muskie Centric Revolution has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
MOBILE APPLICATION LICENSE
If you are accessing Muskie Centric Revolution services via a mobile application, then Muskie Centric Revolution grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source of the code of, or decrypt the application; (b) make any modification, adaption, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or the use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Muskie Centric Revolution or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple services or users at the same time; (g) use the application for creating product, service or software that directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Muskie Centric Revolution or other intellectual property of Muskie Centric Revolution in the design, development, manufacture, licensing, or distribution of any applications, accessories or devices for use with the application.
TERMS APPLICABLE TO APPLE AND ANDROID DEVICES
The following terms apply when you use a mobile application from either the apple store or google play to access Muskie Centric Revolution Services. You acknowledge that this Agreement is concluded between you and Muskie Centric Revolution only, and not with Apple Inc. or Google, Inc. (each an “App Distributer”), and Muskie Centric Revolution, not an App Distributor, is solely responsible for Muskie Centric Revolution application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for Muskie Centric Revolution application is limited to a non-transferable license to use Muskie Centric Revolution application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Muskie Centric Revolution is solely responsible for providing any maintenance and support services with respect to the Muskie Centric Revolution Application, as specified in this Agreement, or as require under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to Muskie Centric Revolution Application. (3) WARRANTTY: Muskie Centric Revolution is solely responsible for nay product warranties, whether express or implied any law, to the extent not effectively disclaimed. In the event of any failure of the Muskie Centric Revolution application, and to the maximum extent permitted by applicable law, an App Distributor, in accordance with it terms and policies, may refund the purchase price, if any, paid for Muskie Centric Revolution services, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to Muskie Centric Revolutions application, and any other claims, losses, liabilities, damages, costs or expenses attributed to any failure to conform to any warranty will be Muskie Centric Revolution’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Muskie Centric Revolution, not an App Distributor, is responsible for addressing any claims of yours or any other third party relating to the Muskie Centric Revolution application or your possession and the use of Muskie Centric Revolution application, including, but not limited to: (i) product liability claims; (ii) any claim that Muskie Centric Revolution application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third-party claim that Muskie Centric Revolution application or your possession and the use of Muskie Centric Revolution application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “Terrorist Supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of Agreement when using Muskie Centric Revolution applications, e.g., if you have VoIP application then you must not be in violation of their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing Muskie Centric Revolution to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose you Third Party Account login information to Muskie Centric Revolution and/ or grant Muskie Centric Revolution access to your Third Party Account (including, but not limited to, for use for the purpose described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligation Muskie Centric Revolution to pay any fees or making Muskie Centric Revolution subject to any usage limitations imposed by such third party service providers. By granting Muskie Centric Rveolution acces to any Third Party Accounts, you understand that (i) Muskie Centric Revolution may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Muskie Centric Revolution may submit and receive additional information to you Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Muskie Centric Revolution’s access to such Third Part Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Muskie Centric Revolution makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Muskie Centric Revolution is not responsible for any Social Media Content. You acknowledge and agree that Muskie Centric Revolution may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purpose of identifying and informing you of those contacts who have also registered to use the Website. At your request made via e-mail to our e-mail address listed below, or through your account settings (if applicable), Muskie Centric Revolution will deactivate the connection between the Website and your Third Party Account and delete any information stored on Muskie Centric Revolution’s servers that was obtained through such Third Party Account, except username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestion, ideas, feedback or other information about the Website or Muskie Centric Revolution Services (“Submissions”) provided by you to Muskie Centric Revolution are non-confidential and Muskie Centric Revolution (as well as any designee of Muskie Centric Revolution) shall be entitled to the unrestricted use and dissemination if these submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You may not access or use the Website for any other purpose other than that for which Muskie Centric Revolution makes it available. The Website may not be use in connection with any commercial endeavors except those that are specifically endorsed or approved by Muskie Centric Revolution. Prohibited activities include, but are not limited to:
Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
Attempting to impersonate another user or person or using the username of another user
Criminal or tortious activity
Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website.
Deleting the copyright or other proprietary rights notice from any Website content
Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
Except as may be the result of standard search engine or internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”) cheat utility, scraper ot offline reader that accesses the Website, or using or launching any unauthorized script or other software
Harassing, annoying, intimidating or threatening any Muskie Centric Revolution employees or agents engaged in providing any portion of Muskie Centric Revolution Services to you
Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
Making any unauthorized use of Muskie Centric Revolution Services, including collecting usernames and/ or email addresses of users by electronic or other means for the purpose of sending unsolicited email, o creating user accounts by automated means or under false pretenses
Selling or otherwise transferring your profile
Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database without written permission from Muskie Centric Revolution
Tricking, defrauding or misleading Muskie Centric Revolution and other users, especially in any attempt to learn sensitive account information such as passwords
Using any information obtained from the Website in order to harass, abuse, or harm another person
Using Muskie Centric Revolution Services as part of any effort to compete with Muskie Centric Revolution or to provide services as a service bureau
Using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content of the Website (“Muskie Centric Revolution Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Muskie Centric Revolution, and are subject to copyright and other intellectual property rights under United States and foreign laws international conventions. Muskie Centric Revolution Content, includes, without limitation, all source code, databases, functionality, software, Website designs, audio, video, text, photographs and graphics. All company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Muskie Centric Revolution in the United States and/ or other countries. Muskie Centric Revolution 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 be copied, imitated, or used, in whole or in part, without the prior written permission of Muskie Centric Revolution.
Muskie Centric Revolution content on the Website is provided “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distribute, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and Muskie Centric Revolution Content and to download or print a copy of any portion of the Muskie Centric Revolution Content to which you have properly gained access solely for your personal, non-commercial use. Muskie centric Revolution reserves all rights not expressly granted to you in and to the Website and Muskie Centric Revolution Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or Muskie Centric Revolution Services) links to their websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or check for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, 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 Website to which you navigate form the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other Websites and from other companies, and Muskie Centric Revolution takes no responsibility whatsoever in relation to such purchase which are exclusively between you and the applicable third party.
Muskie Centric Revolution reserves the right but does not have the obligation to:
A. monitor the website for violations of the Agreement
B. take the appropriate legal action against anyone who, in Muskie Centric Revolution’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
C.in Muskie Centric Revolutions sole discretion and without limitation, refuse, resist access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate the Agreement or any Muskie Centric Revolution policy.
D. in Muskie Centric Revolution’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Muskie Centric Revolution’s systems;
E. otherwise manage the Website in a manner designed to protect the rights and property of Muskie Centric Revolution and other and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, but following the instructions for terminating user accounts in your accounts settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, MUSKIE CENTRIC REVOLUTION RESERVES THE RIGHT TO, IN MUSKIE CENTRIC REVOLUTION’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILLITY, DENY ACCESS TO AND USE OF THE WEBSITE AND MUSKIE CENTIRC REVOLUTION SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WIHTOUT LIMITATION FOR BREECH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPPLICABLE LAW OR REGULATION, AND MUSKIE CENTRIC REVOLUTION SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WIHTOUT WARNING, IN MUSKIE CENTRIC REVOLUTION’S SOLE DISCRETION.
In order to protect the integrity of the Website and Muskie Centric Revolution Services, Muskie Centric Revolution reserved the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Muskie Centric Revolution Services.
Any Provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WIHTOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF MUSKIE CENTRIC REVOLUTION’S THIRD BUSINESS DAY FOLLOWING THAT DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A MUSKIE CENTRIC REVOLTUION REPRESENTATIVE DURING NORMAL BUSNIESS HOURS USING THE CONTACT INFORMATION LISTED BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUAL RESIDING IN STATES WITH SUCH LAWS.
If Muskie Centric Revolution terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Muskie Centric Revolution reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Muskie Centric Revolution may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use Muskie Centric Revolution Services after any such modification becomes effective. Muskie Centric Revolution may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
If there is a dispute between users of the Website, or between users and any third party, you understand and agreed that Muskie Centric Revolution is under no obligation to become involved. In the event that you have a dispute with or more other users, you hereby release Muskie Centric Revolution, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/ or Muskie Centric Revolution Services.
Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Muskie Centric Revolution Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of Wisconsin, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Green County, State of Wisconsin, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event, shall any claim, action or proceeding by you related in any way to the Website or Muskie Centric Revolution Services be instituted more than (2) years after the cause of action arose.
Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and Muskie Centric Revolution agree to first attempt to negotiate any dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other
Binding Arbitration. If you and Muskie Centric Revolu