1. USE OF THIS WEBSITE
This website is owned by Buck Palmer, and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website. you accept. without limitation or qualiﬁcation. these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material
3. TERMS OF SALE
In order to contract with Buck Palmer you must possess a valid credit or debit card issued by a bank acceptable to us. Buck Palmer retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufﬁcient funds to cover the cost of the goods.
By placing an order you are agreeing to purchase a product on and subject to the following terms and conditions. All products on Buck Palmer website for sale are considered custom products. Buck Palmer requires the upfront purchase for material goods, labor and related costs on all purchases on the Buck Palmer Website. Our shipping and delivery window is business days from the date of purchase. By agreeing to these terms you understand that your card will be charged in full at the time of purchase and your order will be shipped no later than 14 business days from date of purchase. Should your order take longer than 14 business days due to an internal error that does not include shipping delays, natural disaster, bankruptcy or other conditions outside of Buck Palmer control you will be notiﬁed in accordance with the policies and procedures set forth by all major credit cards for merchants, whereas merchant refers to Buck Palmer.
(a) Our Contract
When you place an order. you will receive an acknowledgement e-mail conﬁrming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you conﬁrmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the conﬁrmation e-mail sent at the time of dispatch will be included in the contract formed. This email will be sent at the time your order is complete and ready to exit the warehouse.
(c) Termination of Agreements and Refunds Policy
4. YOUR ACCOUNT
If you use this site. you are responsible for maintaining the conﬁdentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent or guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to Buck Palmer. Buck Palmer does not knowingly collect information from children under the age of 13. Buck Palmer and its afﬁliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.
5. PRODUCT INFORMATION
Buck Palmer and its aﬂiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by Buck Palmer. However, Buck Palmer does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN US DOLLARS.
THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
6. EXCLUSION OF WARRANTIES
Buck Palmer makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. Buck Palmer does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU 'AS IS'. 'WITH ALL FAULTS' AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BUCK PALMER AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any speciﬁc exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
7. LIMITATION OF LIABILITY
BUCK PALMER WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRA-CONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
8. COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Buck Palmer, and Buck Palmer does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in the United States and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modiﬁed, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Buck Palmer. Trademarks, logos and service marks (collectively 'Marks') displayed on this website are registered or unregistered Marks of Buck Palmer or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, Buck Palmer authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the beneﬁt of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Buck Palmer and its affiliates without express written consent of Buck Palmer. You may not use any meta tags or any other 'hidden text' utilizing Buck Palmer's name or trademarks without the express written consent of Buck Palmer. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Buck Palmer.
9. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
10. ELECTRONIC COMMUNICATIONS
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Buck Palmer and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Buck Palmer’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Buck Palmer may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, Buck Palmer makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Buck Palmer ever decides to do it.
Links and references to other websites are provided to you as a convenience only. Buck Palmer has not reviewed and does not expressly or implicitly endorse other websites or any information or material. or the accessibility thereof, via such links. and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by Buck Palmer.
13. VIRUSES, ETC
Buck Palmer does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
14. DAMAGE TO OTHERS
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise. any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
15. RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to Buck Palmer. Nothing contained in these terms shall be construed as conferring by implication. estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Buck Palmer or any other person or entity.
16. GOVERNING LAW
This site is controlled and operated by Buck Palmer from Los Angeles, CA and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of California and the laws of the United States applicable therein without reference to principles of conﬂict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, ofﬁcers, directors, successors, assigns or aﬂiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum's Code of Procedure discussed below) (hereinafter collectively referred to as 'Claims' and each, individually, as a 'Claim') shall be referred to and ﬁnally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any spesiﬁc procedures for the resolution of small claims and/or consumer disputes then in effect (which you may obtain at www.arbitration-forum.com or by mail at PO. Box 50191, Minneapolis, MN 55405), which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must ﬁrst contact our customer service representatives at email@example.com, and give us an opportunity to resolve the dispute. Similarly, before Buck Palmer takes a dispute to arbitration, we must ﬁrst attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Buck Palmer is notiﬁed by the other of a dispute, then either party may then initiate the arbitration process as provided in the National Arbitration Forum's Code of Procedure.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law, Any award rendered pursuant to the arbitration shall be ﬁnal and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be-joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to this agreement shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by this agreement and may not award exemplary or punitive damages or attorneys' fees. You and Buck Palmer both waive any claims for an award of damages that are excluded under this agreement.
INJUNCTIVE RELIEF AND PROVISIONAL RELIEF
Notwithstanding the provisions in this Section 13, the National Arbitration Forum's Code of Procedure or any other provision of this Agreement, Buck Palmer shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
19. EXPORT LAWS
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of the United States. You agree to comply at all times with all such laws and regulations. You will defend and hold Buck Palmer harmless against all claims. damages or liability resulting from breach of the foregoing.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
21. NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the expressed written consent of Buck Palmer.
This Agreement shall inure to the beneﬁt of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
24. ENTIRE AGREEMENT
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Buck Palmer relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof. and may not be amended or modiﬁed except in writing, or by Buck Palmer making such amendments or modiﬁcations available to it pursuant to this Agreement.
25. NO WAIVER
The failure of Buck Palmer to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of Buck Palmer to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
26. ENGLISH LANGUAGE
You expressly agree that this Agreement and all ancillary documents be drafted solely in English.