Privacy

Privacy Statement

Encompass Sports Management, LLC d/b/a MudBugs (“MudBugs“) operates this mobile App associated withwww.mudbugshockey.com (the “App“). Please read the following Privacy Statement carefully before using the App. Our Privacy Statement describes information that we collect about you and what may happen to that information.

By completing the registration process you become a User to MudBugs.

Upon registration completion, you agree to accept the terms of the registration as if you had signed it. MudBugsreserves the right to change this agreement at any time and such changes will be effective immediately upon posting the revised Privacy Statement on the App or transmission of notice by e-mail or any other means. Each time you use the App reaffirms your acceptance of the then current Privacy Statement. If you do not wish to be bound by this agreement, you may discontinue using the App at any time.

1. Information We Collect.

All of the information provided to us by our Users is stored on secure computers, where it is made available only to MudBugs staff members or contractors.

We use a feature on your website browser called “cookies” to automate certain aspects of our App. Cookies are very small files that are stored on your computer and that enable us to recognize your computer each time that you return to our App. By using cookies, we can keep track of your preferences, what you have already seen on your website and what you haven’t, and any personalization that you’ve done without requiring you to enter the same information every time you visit the App. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our App and you may be required to reenter your Account, password or other information more frequently during a session.

When you post messages on our App, we will collect information that you provide to us. If you send us personal correspondence, such as email or letters, or if others or third parties send us correspondence about your activities or postings on this App, we may collect such information into a file specific to you.

2. Our Use of Your Information.

We use information in the file we maintain about you, and other information we obtain from your current and past activities on the App to resolve disputes, troubleshoot problems and enforce our User agreementsand other purposes. You agree that we may use information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, and communications which are relevant to your use of the App.

3. Our Disclosure of Your Information.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or other Users may abuse or misuse your information that they collect from our App. Therefore, although we intend to use industry standard practices to protect your privacy, we do not promise, and you should not expect that your personally identifiable information or private communications will always remain private.

MUDBUGS ARE COMMITTED TO PROTECTING YOUR PRIVACY.

We do not sell, trade, or rent your personal information to others. The following describes some of the ways that your personal identifiable information may be disclosed.

a. Advertisers. We aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and other promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. We do reserve the right to disclose certain information to a limited number of advertisers; however, your credit card information will never be revealed to any anyone.

b. MudBugs Community. Throughout the App, you are identified by your Account ID. If you select your e-mail address as your Account ID you will disclose your email address to other users and third parties. As a result, other users and third parties might send you unsolicited email and be able to personally identify all of your public activities on the App.

c. External Service Providers. In an effort to serve you better, we may use external service providers to facilitate our services (i.e., search, discussion boards, surveys) and therefore we may provide some of your personally identifiable information directly to them. In some instances, the external service provider may collect information directly from you (such as the situation where we ask an external service provider to conduct a survey for us). If you provide additional information to an internal service provider directly, then their use of your information is governed by their privacy policy.

d. Legal Requests. MudBugs cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as violations that might conflict with any agreements with or policies of your employer or contractor. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of any unlawful activity.

4. Reviewing and Changing Your Personally Identifiable Information.

Following registration, you can review and change the information you submitted during registration including:

Your Account ID and email address. If you change your Account ID we keep track of your old Account ID(s) and your new Account ID.

Your registration information such as name, company, address, city, state, zip code, primary phone number, and secondary phone number.

Your password.
Your credit card number and expiration date, and other financial information. You must promptly update your information if it changes.

Upon your written request, we will deactivate your account, contact information, and financial information from our database. To make this request, email eric@mudbugshockey.com. Such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law; provided, however, such prior information is never completely removed from our databases due to technical and legal constraints, including stored “back up” systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

5. Security of User Data.

This App has security measures in place to protect against the loss, misuse, and alteration of the information under our control. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your personal information, MudBugs cannot guarantee or warrant the security of any information you transmit to us. You transmit all such information at your own risk.

6. Web Apps Links.

We are not responsible for the practices employed by websites linked to or from our App nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the Users of our App.

Please remember that when you use a link to go from our App to another website, our Privacy Statement is no longer in effect. Your browsing and interaction on any other website, including websites which have a link to our App, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

7. Termination.

MudBugs may terminate your account with us at any time, for cause or no cause, with or without written (including electronic) notice. In addition, the use of profanity and unsolicited advertising will not be tolerated by MudBugs and Users should expect to be immediately terminated if this policy is violated. In addition, we retain the right to edit and delete any messages on our App which might conflict with this policy.

8. Changes to This Privacy Statement.

This Privacy Statement may be updated from time to time as our services change and expand. If we change this Privacy Statement, we will post those changes here, and your continued use of this App will signify your acceptance of the new Privacy Statement.

Copyright © 2019 Encompass Sports Management, LLC. All Rights Reserved.

 

Terms of Service

Encompass Sports Management, LLC d/b/a MudBugs (“MudBugs“) operates this mobile App associated withwww.mudbugshockey.com (the “App“). Please read the following Terms of Service carefully before using the App. The Privacy Statement is hereby incorporated by reference, as if fully set forth herein. This Terms of Service sets forth the terms and conditions that apply to the use of the App by You (defined below).

1. Applicability & Acceptance of These Terms of Service.

By viewing, using, accessing, browsing, or submitting any content or material on the App, you agree to these Terms of Service as a binding legal agreement between you and MudBugs, without limitation or qualification. The term “You” or “you” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the App.

If you do not agree to these Terms of Service, then you may not use the App. MudBugs reserves the right to modify these Terms of Service at any time without prior notice.

You agree that each visit you make to the App shall be subject to the then-current Terms of Service, and continued use of the App now or following modifications in these Terms of Service confirms that you have read, accepted, and agreed to be bound by such modifications.

2. Changes in Terms and Conditions.

MudBugs reserves the right, in its sole discretion, to change or discontinue any aspect or feature of the App with or without notice and/or the services offered on or through the App (or any part thereof), including but not limited to the Apps features, look, feel, and functional elements and related services, content, hours of availability, and/ormodifications regarding our order process.

MudBugs also reserves the right to change or modify the terms and conditions applicable to your use of the App, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the App, or by electronic or conventional mail, or other means by which you obtain notice thereof. Any use of the App by you subsequent to such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

3. License.

a. Scope. MudBugs grants you permission (which may be revoked at any time for any reason or no reason) to view the App and to download, email, share via social networking or print individual pages from the App in accordance with these Terms of Service and solely for your own personal use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the App, except as specifically noted above. Except as specifically authorized by MudBugs, you may not deep-link to the App for any purpose or access the App manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the App or any information, content, or material on the App. MudBugs reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the App or any content contained therein, whether in whole or in part, without prior written consent of MudBugs. You may like or follow MudBugs or share links to the App via social networking technology referenced on the App. Any rights not expressly granted herein are reserved.

b. Conduct. You agree that your use of the App and/or services on the App is subject to all applicable local, state and federal laws and regulations.

You also agree:

use the App for lawful purposes only;
to comply with US law and local laws or rules regarding online conduct and acceptable material;
not to use the App or its services or submit content to the App if you are under the age of 13;
not to use the App to purchase alcohol unless you and the alcohol recipient is 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
not to access the App or services using a third-party’s account/registration without the express consent of the account holder;
not to use the App for illegal purposes;
not to use the App in any unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable manner;
not post or transmit through the App any material which violates or infringes in any way upon the rights of others;
not post or transmit through the App any material which contains advertising or any solicitation with respect to products or services, unless MudBugs shall have expressly approved such material in advance of its transmission
not to commit any acts of infringement on the App or with respect to content on the App;
not to use the App to engage in commercial activities apart from sanctioned use of MudBugs services;
not to copy any content, including, but not limited to LunchPacks, for republication in print or online;
not to attempt to gain unauthorized access to other computer systems from or through the App;
not to interfere with another person’s use and enjoyment of the App or another entity’s use and enjoyment of the App;
not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
not to disrupt, interfere with, or otherwise harm or violate the security of the App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the App.

c. MudBugs Discretion. Any conduct that in MudBugs sole and absolute discretion restricts or inhibits any other user from using or enjoying the App is expressly prohibited.

4. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the App may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that MudBugs shall be entitled to temporary and permanent injunctive relief to prohibit such use.

5. Nature of Material. Some of the services offered by MudBugs on the App allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material to the App (collectively, “Submissions“).

You agree not to create any Submission that:

contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
unfairly interferes with any third party’s uninterrupted use and enjoyment of the App; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the App;
is intended primarily to promote a cause or movement, whether political, religious or other;
contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
contains viruses or other harmful, disruptive or destructive files;
harms or is inappropriate for minors to view;
links to any commercial or other App; and/or
is not otherwise in compliance with these Terms of Service.

6. Representations and Warranties.

Each time you use the App or provide a Submission to the App, you represent and warrant that you have the right to provide such Submission, which means:

you are the author of the Submission;
the Submission is not protected by copyright law;
you have express permission from the copyright owner to use the Submission in connection with the App;
you have the right to grant MudBugs the license set out in these Terms of Service; and/or
your use of the App and Submission(s) do not violate these Terms of Service.

7. License Grant to MudBugs.

You grant MudBugs, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to MudBugs in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize MudBugs to include the Submissions you provide in a searchable format that may be accessed by other users of the App. You also grant MudBugs and its related entities the right to use any personally identifiable information included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant MudBugs the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to MudBugs for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the App, without compensation of any sort to you. MudBugs does not claim ownership of Submissions.

8. Disclaimer of Responsibility for Material.

Submissions are not endorsed by MudBugs, and do not represent the views of MudBugs or its parents, subsidiaries,members, and affiliates, agents, officers or directors. You acknowledge and agree that MudBugs does not control all Submissions, and disclaims any responsibility for such Submissions. MudBugs specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, MudBugs does not represent or warrant that any other content or information accessible via the App is accurate, complete, reliable, current or error-free. MudBugs assumes no responsibility or liability for any errors or omissions in the content of the App.

MudBugs reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions that MudBugs believes, in its absolute and sole discretion, may violate the Terms of Service. However, MudBugs disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. MudBugs also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the App for any reason or no reason whatsoever, in its absolute and sole discretion.

9. Proprietary Rights.

You acknowledge and agree that the App contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without prior, written permission of MudBugs. All App design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language, scripts, active server pages, and other content and software used in the App are hereby reserved by MudBugs.

All trademarks and other marks, logos, and names of MudBugs or the App, used on or in connection with the Appmay not be used in connection with any product or service that is not under MudBugs ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MudBugs. All other trademarks not owned by MudBugs (or its affiliates) that appear on the App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MudBugs or its affiliates. All other trademarks appearing on the App are the property of their respective owners. All rights reserved.

10. Downloading of Intellectual Property.

The App contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, logos, and photos shared between MudBugs and third parties. Furthermore, the entire contents of the App are copyrighted as a collective work/compilation. MudBugs owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. In the event of any copying permitted in writing by MudBugs, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Youacknowledge that it does not acquire any ownership rights by downloading copyrighted material.

11. Your Account, Password, and Security at Your Risk.

YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR OWN RISK.

Use of the App services requires that you register and/or create an account (“Account“) or use the App as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Apps services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MudBugs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MudBugs has the right to refuse any and all current or future use of the App (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password.

You agree to (a) immediately notify MudBugs of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. MudBugs shall not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

MudBugs may terminate your Account at any time, for cause or no cause, with or without written (including electronic) notice. In addition, the use of profanity and unsolicited advertising will not be tolerated on the App and you should expect to be immediately terminated if this policy is violated. In addition, MudBugs retains the right to edit and delete any messages on our App which might conflict with this policy.

12. Disclaimer of Warranties & Limitation of Liability

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE APP (WHETHER PROVIDED BY MUDBUGS, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUDBUGS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, MUDBUGS MAKES NO WARRANTIES ABOUT THE ACCURACY, OR LIABILITY, COMPLETENESS, OR TIMELINESS OF THE APP, SUBMISSIONS, TEXT, GRAPHIC, AND LINKS ON THE APP, THE SERVICES PROVIDED BY MUDBUGS, AND ALL MATERIAL POSTED ON THE APP.

NEITHER MUDBUGS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE APP.

NEITHER MUDBUGS, NOR ITS AFFILIATES, INFORMATION PROVIDERS, ON CONTENT PARTNERS SHALL BE LIABLE FOR, AND HEREBY DISCLAIMS LIABILITY FOR, ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT SHALL MUDBUGS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APP BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MUDBUGS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE APP. MUDBUGS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE APP.

MUDBUGS ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE APP, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITE LINKED TO THIS APP, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MUDBUGS‘ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MUDBUGS OR A RESTAURANT, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND MUDBUGS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MUDBUGS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE APP OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP.

13. Indemnification.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MUDBUGS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, AND ASSIGNS FROM AND AGAINST ALL ANY CLAIM, DEMAND, OR DAMAGE (WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL), INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANYONE IN CONNECTION WITH YOUR USE OF THE APP, USE OR MISUSE OF ACCOUNTS AND/OR PASSWORDS, WITH YOUR SUBMISSIONS, WITH ANY ALLEGED INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY RELATING TO THE APP, YOUR VIOLATION OF THESE TERMS OF SERVICE, AND/OR ANY OTHER ACTS OR OMISSIONS RELATING TO THE APP.

14. App’s Content.

A large portion of the App’s content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of MudBugs. Neither MudBugs, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. MudBugs neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the App by anyone other than employee spokespersons of MudBugs while acting in their official capacities.

15. Links.

As a courtesy to you, the App may offer links to other websites. Some of these websites may be affiliated with MudBugs while others are not. These links are provided solely as a convenience to you and not as an endorsement by MudBugs of the contents on such third-party websites. MudBugs is not responsible for the contents of any website pages created and maintained by organizations independent of MudBugs and does not make any representations regarding the content or accuracy of materials on such third party websites. Visiting any such third-party website pages is at your own risk. MudBugs has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by MudBugs. By using the App you acknowledge that MudBugs is NOT responsible for the availability of, nor the content located on or through any third-party website pages.

16. Jurisdiction, Applicable Law, and Limitations.

This App is created and controlled by MudBugs in the State of Louisiana. You agree that these Terms of Service will be governed by and construed in accordance with the laws of the United States of America and the State of Louisiana, without regard to its conflicts of law provisions. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. MudBugs makes no claims or assurances that the App is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Service, or services available on or through the App must be filed in a federal or state court located in Shreveport, LA, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

17. General.

a. Enforceability. If any portion of these Terms of Service is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Service shall continue to be enforceable and valid according to terms contained herein.

b. Entire Agreement. Except as expressly provided in the “Privacy Statement” or other notice on particular pages of the App, these Terms of Service, the Privacy Statement and other notices, if any, constitute the entire agreement between you and MudBugs, superseding all prior agreements regarding the App.

c. No Waiver. The failure of MudBugs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Service or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

d. Headings & Construction. The section titles in the Terms of Service are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Service shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

e. Contact MudBugs. For purposes of providing notice of cancellation or termination, contact us at: eric@mudbugshockey.com or Encompass Sports Management, LLC, 3207 Pershing Blvd., Shreveport, LA 71109.

Copyright © 2019 Encompass Sports Management, LLC. All Rights Reserved.