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The TackleBar web site (currently located at Tacklebar.com) (the “Website”) is owned and provided by TackleBar, LLC and its affiliates (“TackleBar” or “we” or “our” or “us”) and your access to and use of the Website is conditioned on your acceptance, without modification, of the terms and conditions contained in these Terms of Use.

You may access the Website as a Guest or as a User. A Guest will have limited access to the Website and its various resources. If you register to be a User, you have the ability to take advantage of enhanced features including order history as well as pre-filled forms during checkout on subsequent orders. You must be at least eighteen (18) years of age to register as a User.

Regardless of your status as a Guest or a User, your access and use of the Website is conditioned upon your acceptance of all the terms contained herein. By clicking “ACCEPT” below you accept all of the terms and conditions of these Terms of Use. If you do not agree to (or cannot comply with) all of the Terms of Use, then please click “DECLINE” below, and you may not further access or use the Website.

[ACCEPT] [DECLINE]

You acknowledge and agree that these Terms of Use may be changed from time to time, without notice to you, and your access and use of the Website following any such changes shall constitute your continued agreement to be bound by the Terms of Use, as modified.

Privacy Policy

For information about TackleBar’s data protection, tracking and use practices, please read our Privacy Policy, which is made a part of these Terms of Use. Your acceptance of these Terms of Use also constitutes your agreement to the terms and conditions of the Privacy Policy.

Links to Third Party Sites & Materials

The Website may contain links to other websites (“Linked Sites”) and materials that may be of interest to you. TackleBar is providing these links/materials to you as a courtesy and for convenience. The use of any link and/or materials does not imply endorsement, sponsorship or affiliation by TackleBar, or of any TackleBar affiliate, with the Linked Sites (or its operators or any materials or content provided by or available from same). The Linked Sites are not under the control of TackleBar and TackleBar is not responsible for the contents of, or activities associated with, any such Linked Site, including, without limitation, to any other links contained in a Linked Site. TackleBar is also not responsible for any advertising, webcasting or any other form of transmission received from, or available through, any such Linked Site.

Information and Materials You Provide

You acknowledge and agree that any information, content or other materials you provide to TackleBar (including, without limitation, requests, survey responses, photos, video, feedback and suggestions) or post, upload, input or submit to or through the Website (collectively “Submissions”) shall be accurate and complete, and, upon submission, will be and remain the property of TackleBar and its affiliates and partners. TackleBar is under no obligation to acknowledge, consider, pay for or respond to any Submissions provided by you or other users of the Website.

By posting, uploading, inputting, submitting or otherwise providing any Submission you hereby represent and warrant that you own, control or otherwise possess all of the rights required to provide the Submission, and that the Submission does not infringe, misappropriate or otherwise violate any rights of any other person or entity. Without limiting the foregoing, if you provide or submit any information about a minor (one under the age of 18 years), you represent that you are the parent, guardian or otherwise have the legal right to provide such information.

Content

All of the content and other materials on the Website, including, without limitation, images, products, drawings, questionnaires, surveys, trademarks, service marks, logos, illustrations, designs, icons, photographs, artwork, and any video and/or audio materials, are owned or controlled by TackleBar, or its licensors, and are protected by applicable domestic and international intellectual property or other proprietary rights. You may not copy, reproduce, publish, transmit, or otherwise use any such content or materials present on the Website.

Modifications

TackleBar reserves the right to change or otherwise modify, or even discontinue, parts or all of the Website at any time without prior notice, including the offer of any products or items through the Website. TackleBar may also modify these Terms of Use under which the Website is offered, without prior notice to you. Continued access and use of the Website following any such modifications shall constitute your continued agreement to the Terms of Use, as modified.

User Conduct/Prohibited Uses

You agree not to use the Website for any purpose that is unlawful, unethical or otherwise prohibited by these Terms of Use. Without limiting the foregoing, you agree not to access or use, or encourage or permit others to access or use, the Website, its content or any other materials, in any manner to:

  1. copy, transcribe or otherwise acquire any data, content or information available on or through the Website (e.g., via screen scraping and the like).
  2. damage, disable, overburden, or impair the Website (e.g., a denial of service attack), any related server or the network(s) connected to any such server;
  3. interfere with any other party's use or enjoyment of the Website or related services;
  4. share any content or other material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise reasonably objectionable;
  5. stalk, intimidate, and/or harass another;
  6. incite others to commit violence;
  7. harm a minor in any way;
  8. provide any content or other material that you do not have a right to provide under any applicable law or contractual or fiduciary relationship, including for or about any person under the age of 18 years;
  9. provide any content or other material that infringes any intellectual property right or other proprietary right of any party;
  10. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  11. forge headers or otherwise manipulate identifiers to disguise the origin of any of content or other materials posted on or transmitted through the Website;
  12. use the Website, its content or other materials such that it will mislead another into believing that they are interacting directly with anyone or any other company other than TackleBar;
  13. engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise);
  14. use any TackleBar domain name as a pseudonymous return email address;
  15. provide any content or material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  16. access or attempt to access any content or material that you are not authorized to access or through any means not intentionally made available through the Website;
  17. market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by TackleBar; or
  18. use any data mining, robots, or similar data gathering and extraction methods in connection with the Website and/or any content or materials provided on or through the Website.

DISCLAIMERS

THE INFORMATION, CONTENT, PRODUCTS, AND REFERENCE MATERIALS PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE INTENDED AS A COURTESY AND ARE SOLELY FOR THE INFORMATIONAL PURPOSES OF THE USER. NO REPRESENTATIONS ARE MADE, AND NO RESPONSIBILITY IS ASSUMED, FOR SUCH INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE WEBSITE.

LIABILITY DISCLAIMER. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER. WITHOUT LIMITING THE FOREGOING, TACKLEBAR HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SAME, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES ACCESSED OR PROVIDED IN OR THROUGH SAME, ARE AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY AND LIABILITIES ASSOCIATED WITH SAME. NEITHER TACKLEBAR NOR ITS PARTNERS OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, OPERATORS, EMPLOYEES OR AGENTS, SHALL BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES YOU MAY SUFFER AS A RESULT OF YOUR USE OF OR RELIANCE ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES ACCESSED OR USED RELATED TO SAME. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY CONTENT OR PORTION THEREOF, OR WITH ANY OF THE TERMS AND CONDITIONS OF THE WEBSITE, YOUR SOLE AND EXCLSUIVE REMEDY IS TO NOT USE THE WEBSITE AND/OR ANY PRODUCTS RELATED TO SAME.

General

Entire Agreement. These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and TackleBar with respect to your access and/or use of the Website, and supersedes any prior agreements between you and TackleBar on such subject matter.

Governing Law. These Terms of Use shall be construed in accordance with the laws of the United States and the state of Minnesota without regard to any conflicts of laws provision.

Disputes. Any dispute arising under these Terms of Use or relating to the use of the Website shall be subject to the exclusive jurisdiction of any state or federal court located in Minnesota.

Severability. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most-closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Copy. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

For More Information. If you have any questions regarding our Privacy Policy, please contact us by sending an email to info@tacklebar.com or writing to us at:
TackleBar LLC
1043 Grand Avenue, #543
Saint Paul, MN 55105

Version 1 [June, 2018]