Agreement to Terms and Conditions a Prerequisite to Using This Website Thank you for your interest in the White Knuckle Productions and our affiliates (collectively, the “Company”). By accessing and using this website (the “Website”) and purchasing any goods or services offered for sale through the Website you agree to be bound by the following terms and conditions, including but not limited to the Company’s disclaimer of all warranties, including implied warranties of merchantability and fitness for a particular purpose. If you do not agree to the following terms and conditions, you are not permitted to use the Website or to purchase any of the goods or services available through the Website. If you violate any of terms of this agreement, the Company may terminate your use of the Website, bar you from future use of the Website, and/or take the appropriate legal action against you.
Trademark Notice Trademarks appearing on the Website are the property of their respective owners and may not be reproduced without their owners’ express permission. The design and layout of the Website is protected as trade dress and may not be copied or imitated in whole or in part. Violations of the Company’s trademark rights may result in severe civil and criminal penalties.
Payment and Shipping Terms Payment and shipping for any goods or services purchased through the Website, if any, shall be as displayed on the Website.
Disclaimer of All Express and Implied Warranties EXCEPT AS PROVIDED IN WRITING BY THE COMPANY, THE COMPANY DOES NOT MAKE ANY REPRESENTATION ABOUT THE ACCURACY OR SUITABILITY OF ANY GOODS OR SERVICES AVAILABLE FOR PURCHASE THROUGH THIS WEBSITE; ALL INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, GOODS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. WITH REGARD TO ALL INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, GOODS AND SERVICES CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE, THE COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability for Damages THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, USAGE OF AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, GOODS AND SERVICES CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE; THE COMPANY IS NOT LIABLE FOR THESE DAMAGES, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED THE COMPANY OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANY TERM OR CONDITION HEREIN AND TO THE FULLEST EXTENT OF THE APPLICABLE LAW, THE COMPANY’S LIABILITY ARISING FROM THE VIEWING OF, USAGE OF AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, GOODS AND SERVICES CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE IS LIMITED TO A CASH REFUND NOT TO EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY FOR GOODS PURCHASED OR SERVICES RENDERED.
Disclaimer of Responsibility for Errors and Omissions in Website Materials This Website may include technical inaccuracies or typographical errors. The Company does not warrant the accuracy of any of the information, content, images, or graphics appearing on this Website.
Disclaimer of Responsibility for Material Posted at Linked Websites There may be links on the Website that allow you to visit other websites that are not under the Company’s control or direction. The Company is not and cannot be held liable or responsible for the content, services, images, graphics, products, or representations of any linked website. The Company cannot and does not guarantee, represent or warrant that the content contained in those linked websites is accurate, legal and inoffensive, or that those sites do not contain viruses or will not otherwise adversely affect your computer. The Company provides links to these other websites, if at all, solely as a convenience to you. The Company’s inclusion of any link does not imply the Company’s sponsorship, endorsement, affiliation, or approval of the linked website.
Links to This Website You may not create a link to any page of the Website without the Company’s prior written consent. If you do create a link to a page of the Website you do so at your own risk and the exclusions and limitations set out in these terms and conditions will apply to your use of the Website by linking to it.
Requirement of Indemnification for Damage Caused by Website Visitors As a condition of your use of the Website, you warrant to the Company that you will not use the Website for unlawful purposes, purposes prohibited by these terms and conditions, or in any way that could damage or disable the Website or interfere with any other party’s use and enjoyment of the Website. You agree to indemnify and hold harmless the Company and its officers, agents and employees from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website.
The Company’s Right to Modify the Content and Rules We reserve the right to make changes at any time, with or without notice, to this agreement and to the Website and to the information, representations, images, graphics, content, goods and services contained on or available through the Website. These changes are effective immediately upon posting on the Website. Please check this page periodically so that you become aware of any changes.
Jurisdiction The Company controls and operates this site from its offices inMt. Pleasant, Iowa. Any dispute regarding these terms and conditions or the content, services, images, graphics, goods and services, or representations provided on or through the Website is to be governed by the substantive internal law of the State of Iowa. In the event of a dispute arising out of or relating to this agreement or to the content, services, images, graphics, goods and services, or representations provided on or through the Website, the exclusive venue for such dispute shall be a court located within fifty miles ofMt. Pleasant, Iowa.
Severability of Provisions The provisions of these terms and conditions are severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions. If any provision of these terms and conditions is invalid or unenforceable, (1) a suitable and equitable provision shall be substituted in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (2) the remainder of these terms and conditions and the application of such provision to other persons, entities or circumstances shall not be affected by such invalidity or unenforceability of such provision, or the application thereof, in any other jurisdiction. A printed version of these terms and conditions shall be admissible in any proceeding based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver Our failure to insist upon strict performance of any provision of these terms and conditions or the failure of the Company to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any other agreement. No waiver of any of the provisions of this or any other agreement shall be effective unless it is expressly stated to be such and is signed by the Company.
Copyright Infringement Policy and the Digital Millennium Copyright Act
Reporting Claims of Copyright Infringement The Company takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Please send completed Counter-Notices to our Copyright Agent.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Our Commitment to Privacy Your privacy is important to us. To better protect your privacy the Company provides this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect This notice applies to all information collected or submitted on the Website. On some pages, you may be able to order goods and services, make requests, and register to receive materials. The Company may collect the following types of personal information: name, address, email address, phone number, payment information, and any other personal information provided to the Company
Log Files The Company uses IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties.
The Way We Use Information We may use the information you provide the Company to fulfill any orders for goods or services, tell you about goods or services that may interest you, and to ask for your feedback about your experience with the Company. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties unless you are provided written notice upon providing such email.
Our Commitment to Data Security To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, the Company has implemented appropriate physical, electronic, and managerial procedures to safeguard and secure the information the Company collects online.
Our Commitment to Children’s Privacy Protecting the privacy of the very young is especially important. For that reason, the Company never knowingly collects information from persons under 13 years old, and no part of the Website is designed to attract persons under 13 years old.
How to Contact Us Should you have other questions or concerns about these privacy policies, please contact the Company using the information set forth below.
White Knuckle Productions Inc. 223 West Carroll Street Portage WI 53901 (608) 697-0160