PADDLEJACK USER AGREEMENT

V2

 

  1. ACCEPTANCE OF TERMS


The services that PADDLEJack.com, LLC (“PADDLEJack.com, LLC”) provides to User are subject to the following Terms of Use ("TOU"). PADDLEJACK.COM, LLC reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. By signing up for a User account, User agrees to comply with all of the terms and conditions hereof, which form a legally binding agreement between User and PADDLEJACK.COM, LLC.

 

  1. This Agreement, which incorporates by reference other provisions applicable to use of www.PADDLEjack.com (“PADDLEJACK.COM”), including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in PADDLEJACK.COM, sets forth the terms and conditions that apply to use of PADDLEJACK.COM by User. The right to use PADDLEJACK.COM is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring, that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

 

  1. PADDLEJACK.COM, LLC shall have the right at any time to change or discontinue any aspect or feature of PADDLEJACK.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 

  1. Changed Terms


PADDLEJACK.COM, LLC shall have the right at any time to change or modify the terms and conditions applicable to User's use of PADDLEJACK.COM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PADDLEJACK.COM, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of PADDLEJACK.COM by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

  1. DESCRIPTION OF SERVICES

Through its Web property, PADDLEJACK.COM, LLC provides User with access to a variety of resources, services, applications and tools (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

  1. Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of PADDLEJACK.COM and all charges related thereto.

 

  1. CONTRACTUAL OBLIGATIONS

 

The auction process is a method in which the PADDLEJack.com, LLC solicits offers from buyers for the sale of lots. By submitting bids, you are making a legal offer to buy the lot. Once a bid is accepted, a contract is created between the buyer and PADDLEJack.com, LLC for the sale and purchase of the lot in accordance with the terms disclosed at the time of the auction. By using the Services and bidding on a lot, or by using the 'Buy It Now' function, you agree to complete the transaction as described and fulfill any and all contractual obligations.

  1. User Conduct

 

  1. User shall use PADDLEJACK.COM for lawful purposes only. User shall not post or transmit through PADDLEJACK.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PADDLEJACK.COM, LLC 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in PADDLEJACK.COM, LLC 's discretion restricts or inhibits any other User from using or enjoying PADDLEJACK.COM will not be permitted. User shall not use PADDLEJACK.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PADDLEJACK.COM, LLC.

 

  1. PADDLEJACK.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PADDLEJACK.COM are copyrighted as a collective work under the United States copyright laws. PADDLEJACK.COM, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User 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. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PADDLEJACK.COM, LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

 

  1. User shall not upload, post or otherwise make available on PADDLEJACK.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PADDLEJACK.COM, User automatically grants, or warrants that the owner of such material has expressly granted PADDLEJACK.COM, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants PADDLEJACK.COM, LLC the right to edit, copy, publish and distribute any material made available on PADDLEJACK.COM by User.

 

  1. The foregoing provisions of Section 5 are for the benefit of PADDLEJACK.COM, LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  2. USE OF SERVICES

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

  1. Use the Communication Services in connection with surveys, contests, pyramid

Schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

 

  1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

 

  1. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.

 

  1. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

 

  1. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  2.  

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

 

  1. Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

 

  1. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

 

  1. Restrict or inhibit any other user from using and enjoying the Communication Services.

 

  1. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

 

  1. Harvest or otherwise collect information about others, including email addresses.

 

  1. Violate any applicable laws or regulations.

 

  1. Create a false identity for the purpose of misleading others.

 

  1. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

PADDLEJACK.COM, LLC has no obligation to monitor the Communication Services. However, PADDLEJACK.COM, LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. PADDLEJACK.COM, LLC reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. PADDLEJACK.COM, LLC  reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PADDLEJACK.COM, LLC 's sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. PADDLEJACK.COM, LLC does not control or endorse the content, messages or information found in any Communication Services and, therefore, PADDLEJACK.COM, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized PADDLEJACK.COM, LLC spokespersons, and their views do not necessarily reflect those of PADDLEJACK.COM, LLC.

  1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing PADDLEJACK.COM, LLC with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for all activities that occur under User’s account. User agrees to notify PADDLEJACK.COM, LLC immediately of any unauthorized use of User’s account or any other breach of security. PADDLEJACK.COM, LLC will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by PADDLEJACK.COM, LLC  or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder. Members who register on PADDLEJack.com agrees to the term herein, that they can only sell their items and equipment through PADDLEJack.com and not bid on their items on PADDLEJack.com. Please see PADDLEJACK.COM, LLC ’s Privacy Policy for terms applicable to PADDLEJACK.COM, LLC ’s data collection and use practices, among other things.

 

  1. FEES

 

PADDLEJACK.COM, LLC may charge a fee to post content or for other features, products, services or licenses. User is responsible for any fees applicable to content that User posts or other features, products, services or licenses User purchases or that are purchased through User account.  User authorizes PADDLEJACK.COM, LLC, or its designated payment processor, to charge User specified credit card, debit card or other payment method for such fees.  Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. The payment for every bid must be paid within 24hours of the bid to claim the equipment, failure to make payment as at when due may lead to forfeiture of the item and the cancellation of the bid. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

 

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where PADDLEJACK.COM, LLC removes paid posts for inappropriate content.  User may not cancel payments and purchases, except as required by law. However, PADDLEJACK.COM, LLC reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. User understands and agrees that if a payment transaction authorized with User credit card, debit card or other payment method, but the charge is rejected for any reason, there may be a hold on that transaction amount for several days.

 

 

 

  1. ONLINE BIDDING DURING AN AUCTION

 

Bids for a particular item will be made available as explained in detail elsewhere within the Service.

 

BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON.

 

PADDLEjack.com CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA ONLINE BIDDING SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DISCRETION TO ACCEPT OR REFUSE ANY BID.

 

All bids must be submitted in the relevant auction currency as identified within the Service. All bids are exclusive of all applicable taxes, customs duties, registration fees, shipping, rigging, or other preparation and transportation costs and insurance. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing winning bids through the Service will be notified by email provided in their Registration Data.

 

All forms of shill bidding, including collusion, bid manipulation and bidding on lots that you, or a party that is affiliated with you, have consigned to the auction is strictly forbidden. You may not make a bid under a false name or as agent for a person who would himself or herself be prohibited from placing a bid on a particular lot.

 

  1. AUCTION DATA

 

You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit at any time any data or audio/video content transmitted to you during a live auction (collectively, "Auction Data"). PADDLEjack.com and its licensors own all right, title and interest in and to all Auction Data, including all intellectual property rights therein and thereto.

 

 

  1. FRAUD AND OTHER RESTRICTED BEHAVIOR

 

You acknowledge that in order to maintain fair and honest auctions, PADDLEjack.com retains the right to monitor and enforce any fraudulent or malicious activity on the Site. You acknowledge that you have read what these activities include, but are not limited to, in these Terms, and you agree not to engage in any of these, or any other fraudulent or malicious activities. As stated herein, PADDLEjack.com reserves the right to temporarily or permanently suspend any user account engaged or suspected to engage in any such activities.

 

You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent bidders may be reported to relevant state and federal law enforcement agencies and PADDLEjack.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

 

A bidder may not resell any product or service obtained through the Site and Services without prior written consent from PADDLEjack.com. Moreover, a user may not use the products to create any investment scheme, commodities contract or pool or otherwise to use PADDLEjack.com as a product delivery mechanism for a brokered or 'middleman' agreement or obligation. If it is discovered that a user is, in fact, reselling products obtained from PADDLEjack.com, we reserve the right to suspend the account without further notice, voiding all auctions in which the user has participated. Additionally, the user may be required to compensate PADDLEjack.com for any damages.

 

PADDLEjack.com reserves the right to refuse any order you place with us. PADDLEjack.com may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, geographic region, and/or orders that use the same phone number, billing and/or shipping address. In the event PADDLEjack.com changes or cancels an order, PADDLEjack.com will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made. PADDLEjack.com reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, distributors and others who violate these Terms.

 

No user may permit or assist others to use the Services for any purpose other than that for which they are intended. A user shall not permit or assist others to abuse or fraudulently use the Services, including but not limited to the following:

 

  • Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
  • Accessing, altering, or destroying any information of another PADDLEjack.com user by any fraudulent means or device, or attempting to do so; or
  • Using Services so as to interfere with the use of PADDLEjack.com network by other users or authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act.

 

Each user acknowledges that PADDLEjack.com network may only be used for lawful purposes. PADDLEjack.com reserves the right to monitor all network activity. While using PADDLEjack.com, each user agrees to refrain from the following prohibited acts:

 

  • Maintaining more than one account or maintaining control or influence over more than one account;
  • Infringing upon the intellectual property of PADDLEjack.com, establishing a competing site, or otherwise copying or using the data on the Site for any reason other than bidding on products for the bidder's own use;
  • Manipulate the bidding process by placing fictitious bids, colluding with other parties to create the illusion of volume ('marking the close' or 'painting the tape'), or engaging in any other disingenuous or fraudulent activity that undermines the integrity of the online market;
  • Breaching PADDLEjack.com policies;
  • Attempting to harvest or otherwise collect information about users, including email addresses;
  • Attempting to upload or download any computer virus;
  • Attempting to transmit via email any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of email solicitation to other users;
  • Attempting to communicate with other users to promote or provide instructional information about illegal activities, promote physical harm, or injury against any users.
  • Viewing and/or downloading or uploading pornographic pictures or stories.
  • Attempting to attack other people's internet connections, Web Sites or computers, or damage or deface anyone else's Web Site.

 

  1. NOTICES REGARDING SERVICES AVAILABLE ON PADDLEJACK.COM

IN NO EVENT SHALL PADDLEJACK.COM, LLC  AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

  1. LICENSE

 

By using the services and submitting any information or materials to PADDLEjack.com ("licensed materials"), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sub licensable right to use, reproduce, modify, display, and distribute the licensed materials, in any existing or future media, known or unknown. Any licensed materials you provide to PADDLEjack.com will be considered non-confidential and non-proprietary. You agree not to use the services to send, knowingly receive, upload, download, use or re-use any material, which does not comply with these terms, including the content standards set forth below. You acknowledge and warrant that you have the right and authority to provide such license to PADDLEjack.com. You understand and acknowledge that you are responsible for any licensed materials you submit or contribute, and you, not PADDLEjack.com, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. PADDLEjack.com is not responsible, or liable to any third party, for the content or accuracy of any licensed materials posted by you or any other user of the services. PADDLEjack.com has the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

 

You understand and agree that PADDLEjack.com or its licensors hold all right, title, and interest to the services and all intellectual property, material, content, and features provided through the services, and the design, selection, and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation. You understand and agree that you may only use the content available provided to you through the services, unless otherwise expressly provided by PADDLEjack.com. You may not conduct the following activities through the services: (a) any resale or commercial use of the site or services, (b) the collection and use of any e-mail or user information, ratings, or listings; (c) making derivative uses of the site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.

 

You agree not to make use of any other users' information other than as necessary to participate in the site and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by PADDLEjack.com regarding another user of the services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the site, including the use of third-party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by PADDLEjack.com except as provided by these terms or with our written consent. You further agree not to use any information accessible from the site for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, and invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

 

  1. MATERIALS PROVIDED TO PADDLEJACK.COM, LLC OR POSTED AT ANY OF ITS WEBSITE.

PADDLEJACK.COM, LLC  does not claim ownership of the materials User provide to PADDLEJACK.COM, LLC  (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting PADDLEJACK.COM, LLC , its affiliated companies and necessary sub licensee’s permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all PADDLEJACK.COM, LLC  Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. PADDLEJACK.COM, LLC is under no obligation to post or use any Submission User may provide and PADDLEJACK.COM, LLC may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

  1. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

 

  1. USER EXPRESSLY AGREES THAT USE OF PADDLEJACK.COM IS AT USER'S SOLE RISK. NEITHER PADDLEJACK.COM,LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PADDLEJACK.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PADDLEJACK.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PADDLEJACK.COM.

 

  1. PADDLEJACK.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

  1. THIS DISCLAIMER OF LIABILITY APPLIES TO 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. USER SPECIFICALLY ACKNOWLEDGES THAT PADDLEJACK.COM, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
  2. IN NO EVENT WILL PADDLEJACK.COM, LLC , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PADDLEJACK.COM OR THE PADDLEJACK.COM, LLC SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PADDLEJACK.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

 

  1. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PADDLEJACK.COM, LLC , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PADDLEJACK.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

 

 

  1. LINKS TO THIRD PARTY SITES

 

The links in this area will let you leave PADDLEJACK.COM, LLC’s site.  The linked sites are not under the control of PADDLEJACK.COM, LLC and PADDLEJACK.COM, LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.  PADDLEJACK.COM, LLC is not responsible for webcasting or any other form of transmission received from any linked site.  PADDLEJACK.COM, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PADDLEJACK.COM, LLC of the site.

PADDLEJACK.COM, LLC is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, PADDLEJACK.COM, LLC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of PADDLEJACK.COM, are those of the respective author(s) or distributor(s) and not of PADDLEJACK.COM, LLC . Neither PADDLEJACK.COM, LLC 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.

In many instances, the content available through PADDLEJACK.COM represents the opinions and judgments of the respective information provider, User, or other user not under contract with PADDLEJACK.COM, LLC. PADDLEJACK.COM, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PADDLEJACK.COM by anyone other than authorized PADDLEJACK.COM, LLC employee spokespersons while acting in their official capacities. Under no circumstances will PADDLEJACK.COM, LLC be liable for any loss or damage caused by a User's reliance on information obtained through PADDLEJACK.COM. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PADDLEJACK.COM, LLC . Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

  1. MONITORING

PADDLEJACK.COM, LLC  shall have the right, but not the obligation, to monitor the content of PADDLEJACK.COM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PADDLEJACK.COM, LLC  and to satisfy any law, regulation or authorized government request. PADDLEJACK.COM, LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PADDLEJACK.COM. Without limiting the foregoing, PADDLEJACK.COM, LLC shall have the right to remove any material that PADDLEJACK.COM, LLC , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

  1. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless PADDLEJACK.COM, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PADDLEJACK.COM by User or User's Account.

  1. APPLICABLE LAW

 

This agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws.

 

  1. TERMINATION

Either PADDLEJACK.COM, LLC or User may terminate this Agreement at any time. Without limiting the foregoing, PADDLEJACK.COM, LLC shall have the right to immediately terminate User's Account in the event of any conduct by User which PADDLEJACK.COM, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

 

  1. MISCELLANEOUS


This Agreement and any operating rules for PADDLEJACK.COM established by PADDLEJACK.COM, LLC  constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

  1. COPYRIGHT AND TRADEMARK NOTICE

PADDLEJACK.COM, LLC and its logos are trademarks of PADDLEJACK.COM, LLC and may not be used for any purpose whatsoever without permission of the PADDLEJack.com, LLC. All rights reserved. All other trademarks appearing on PADDLEJACK.COM are the property of their respective owners.

  1. THIRD PARTY TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real PADDLEJack.com, LLC, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.