Term Of Use
Welcome to mibuckpole.com (the “Website”). Four Beards, LLC and/or its affiliates (collectively, “MiBuckPole”) provide website features and other products and services to you when you visit or shop at the Website, use MiBuckPole products or services, or use any product or service provided by MiBuckPole in connection with any of the foregoing (collectively, “MiBuckPole Services and Products”). MiBuckPole provides MiBuckPole Services and Products subject to the following conditions.
BY USING MIBUCKPOLE SERVICES AND PRODUCTS, YOU AGREE TO THESE TERMS & CONDITIONS OF USE. PLEASE READ THEM CAREFULLY.
By accessing, browsing, purchasing, or otherwise using the Website, by participating in any promotional program through MiBuckPole and/or its affiliates, or by purchasing any MiBuckPole product or service, you acknowledge and agree that these terms and conditions of use apply to your use and/or participation and you agree to comply with these terms and conditions. If you do not agree to be bound by these terms and conditions each time that you use the Website or when you participate in a promotional program, or if you do not have the authority or capability to agree to or accept these terms and conditions, you may not use the Website or participate in the promotional program.
These Terms May Change
MiBuckPole reserves the right to modify these terms and conditions of use at any time without prior notice. Your use of the Website or participation in any promotional program following any such change constitutes your agreement to follow and be bound by these terms and conditions of use as so modified. Accordingly, you should review these terms and conditions of use for changes whenever you use the Website.
Please review our Privacy Notice, which also governs your use of MiBuckPole Services and Products, to understand our practices.
User Submitted Content
MIBuckPole manually reviews each submission and has the right to delete any submissions that do not meet our quality standards. All submissions will be published on a schedule that is determined by MIBuckPole. Submitting a photo does not guarantee that the submission will be posted.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to MIBuckPole, as well as its respective licensees, successors, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies and other affiliates (collectively, the “Licensed Parties”), a worldwide, perpetual, fully-paid, royalty-free, transferable, sub-licensable right to use your User Generated Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiative, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, in connection with any use of your User Generated Content. You understand and acknowledge that MIBuckPole may modify the User generated Content for formatting, integration or other purposes, however, such modifications shall not materially distort such User Generated Content. No advertisement, promotional medial or other material in any media containing your Name and/or Likeness related to the User Generated Content need be submitted to you for any further approval for use by the Licensed Parties.
When you use any MiBuckPole Service or Product, or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the site or through any other MiBuckPole Service or Product and you consent to receive communications from MiBuckPole electronically. 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.
Passwords and Security
If you use a password to access the Website, you are responsible for maintaining the confidentiality of the password and/or restricting access to your account, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website, MiBuckPole promotional programs and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your accounts.
Notwithstanding the above, we may rely on the authority of anyone accessing your accounts or using your passwords and in no event will MiBuckPole be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of us under this provision, (ii) any compromise of the confidentially of your accounts or passwords, (iii) any authorized access to your accounts or use of your passwords.
All the content that you see on the website or in the promotional programs, including, but not limited to photographs, text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips and video clips (collectively, “content”) is owned by MiBuckPole, or third parties who have licensed the content to MiBuckPole.
Links to Other Websites
MiBuckPole makes no representations whatsoever about any other website that you may access through MiBuckPole Website. When you access a non-MiBuckPole website please understand that it is independent from MiBuckPole and that MiBuckPole has no control over the content on that website. In addition, a hyperlink to a non-MiBuckPole website does not mean that MiBuckPole endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Website you do so entirely at your own risk.
Corrections of Errors and Inaccuracies
The information on the Website or in offers contained in promotional programs may contain typographical errors or inaccuracies and may be incomplete or outdated. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, and availability. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Order Cancellation Policy
If we receive a cancellation request after your order has been accepted into our order processing system and we are able to physically accommodate your request, there will be no charges. However, cancellations cannot be processed on their scheduled shipment day.
On-line purchases should be returned in 30-days with the original box, packing, paperwork, parts or accessories, receipt and in new condition to receive a full refund or credit. Return instructions are shipped with your order. Shipping fees will not be refunded unless we shipped the incorrect product. Return shipping charges must be pre-paid. We will not accept C.O.D. deliveries. Refunds will be issued in the same form of payment that was used for payment, for example: if paid by credit card, then a credit card refund will be issued, if by Gift Card, then a Gift Card will be issued. Oversized items may require special arrangements, please contact us before making any return shipping plans.
We will gladly make changes to your order if you contact us before it is processed, please be aware that this could cause a shipping delay.
Warranty – Repair – Defectives
Defective products will be replaced or refunded once the defect has been verified by us or by the original manufacturer. Warranties are from the manufacturer of the product and many require the product be sent directly to them for repair or replacement. Contact the manufacturer directly. Repairs should be handled by or returned to the manufacturer for service work.
Shipping, handling or custom charges or services are not refundable. Certain types of special order deposit charges are not refundable. Charges for modification of any type to a product are not refundable.
THE WEBSITE IS OPERATED AND THE PROMOTIONAL PROGRAMS ARE RUN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MIBUCKPOLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE, ANY PROMOTIONAL PROGRAM, AND ANY PRODUCT OR SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN ADDITION, WITHOUT LIMITING THE GENERAL NATURE OF THIS DISCLAIMER:
- MIBUCKPOLE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEBSITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT OR WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
- MIBUCKPOLE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR IN PROMOTIONAL PROGRAMS IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
- MIBUCKPOLE DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
MIBUCKPOLE DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
MIBUCKPOLE ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE WEBSITE OR IN ANY OF THE PROMOTIONAL PROGRAMS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL MIBUCKPOLE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH RESPECT TO THIS WEBSITE, ANY PROMOTIONAL PROGRAM, AND ANY PRODUCT OR SERVICE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MIBUCKPOLE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE PROMOTIONAL PROGRAMS, OR ANY OF THEIR RESPECTIVE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR PARTICIPATING IN THE PROMOTIONAL PROGRAMS. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MIBUCKPOLE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless MiBuckPole, its affiliates, agents, employees, members, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, violation of these terms & conditions of use, violation of any law or regulation, or violation of any proprietary or privacy right.
Applicable Law and Consent to Jurisdiction
By accessing and using the Website, participating in any promotional program, or by using any MiBuckPole product or service you agree that your access, use, and participation is subject to, governed by, and interpreted in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of law provisions.
Regardless of where you access or use the Website, participate in any promotional program, or use any MiBuckPole product or service you agree that any action at law or in equity arising out of, or relating to, these terms & conditions of use must be filed and adjudicated only in the State Courts located in Clare County, Michigan, USA or in the Federal District Court for the Eastern District of Michigan located in Bay City, Michigan, USA. Moreover, you hereby irrevocably and unconditionally consent and submit to the personal and exclusive jurisdiction of such courts over any suit, action, or court proceeding arising out of these terms & conditions of use.
YOU AGREE TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY (REGARDLESS OF THE SOURCE OF SUCH RIGHT) IN ANY ACTION AGAINST MIBUCKPOLE ARISING FROM AND/OR DIRECTLY OR INDIRECTLY RELATED TO OR CONNECTED WITH THESE TERMS AND CONDITIONS OF USE.
Limitations on Claim
Any cause of action you may have arising out of or related in any way to your use of the Website, any promotional program, or any MiBuckPole product or Service must be commenced within six (6) months after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of these terms & conditions of use, or portion of it, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms & Conditions of Use, and the remainder of these Terms & Conditions of Use shall continue in full force and effect.
Waiver and Severability
No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Notwithstanding any of these terms and conditions of use, we reserve the right, without notice and at our sole discretion, to terminate your license to use the Website or exclude you from any and of the promotional programs, and to block or prevent future access to and use of the website or the promotional programs if you violate any of these terms and conditions of use. Upon termination, the terms and conditions of use will still apply.