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.
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.
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.
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.
Following registration, you can review and change the information you submitted during registration including:
Upon your written request, we will deactivate your account, contact information, and financial information from our database. To make this request, email email@example.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.
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.
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.
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.
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).
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.
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 App‘s 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.
You also agree:
You agree not to create any Submission that:
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 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.
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.
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.
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.
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 App‘s 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.
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.
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.
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.
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.
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.