Welcome to the Buck Shift Family and thank you for using our services. The services available on and through this website (the “Services” and the “Site”) are provided by Gridiron Innovations LLC.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your) AND GRIDIRON INNOVATIONS (hereinafter “BuckApps”) GOVERNING YOUR USE OF Buck Shift APPS (hereinafter “Buck Shift Service(s)”).
The term “User” refers to any guest or registered user of the Services, unless provided otherwise. You are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement. Please read the Agreement carefully and save it. If you do not agree with it, you should leave the Site or any of its applications and discontinue use of the Services immediately. If you wish to become a registered User, communicate with other Users, and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
PLEASE READ THISE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Parts of this agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General “Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services for online collaboration and team management for sports including playbook diagramming of the Buck Shift Apps, video footage of the Buck Shift Apps, video footage of Buck Shift Apps practice drills, email client, application (“Service” or “Services”). You may use the Services for your personal, business or for team development purpose in the organization that you represent. You may connect to the Services using any internet browser supported by the Services. You are responsible for obtaining access to the internet and the equipment necessary to use the Services.
Subscription to Beta Service
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that BuckApps will not be liable to you or to any third party for any harm related tom, arising out of, or caused by the modification, suspension or discontinuance of any Beta Services for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website https://www.buckshift.com/terms. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to by your agreement to the amended Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for your organization, we recommend that you sign-up and invite all other users from your organization to sign up.
You agree to:
- provide true, accurate, current and complete information about yourself as prompted by the sign up process.
- maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if BuckApps has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, BuckApps may terminate your user account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Personal information you provide to BuckApps through the Service is governed by BuckApps Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the BuckApps Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to [email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Service, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
User Altered Content
In the course of using any of the Services, if you come across any content with patent notice(s), patent pending notice(s), copyright notice(s) or any copy protection feature(s), you agree not to remove or disable such patent notice(s), patent pending notice(s), copyright or such copy protection feature(s) as the case may be. By making any patented/patentable, copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from BuckApps to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that BuckApps will have the right to block access to or remove such content made available by you, if BuckApps receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by BuckApps for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here. If you wish to protest any blocking or removal of content by BuckApps, you may do so in the manner provided here.
Trademark and Patents
BuckApps, Buck Shift Systems, Buck Shift Systems logo, Gridiron Innovations LLC, Gridiron Innovations logo, the names of individual Services and their logos are trademarks of Gridiron Innovations LLC. You agree not to display or use, in any manner, the BuckApps trademarks, without BuckApps’ prior permission. Gridiron Innovations LLC is the creator and owner of all Buck Shift Systems and Intellectual Property through the United States Patent Office. Violation of Patent materials is subject to criminal prosecution under law.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AVAILABLE BASIS. BUCKAPP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUCKAPPS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BUCKAPPS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT BUCKAPPS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BUCKAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DESPUTE WITH BUCKAPPS RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE IN NO EVENT SHALL BUCKAPPS’ ENTIRE LIABILTY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless BuckApps, its officers, directors, employees, sales reps, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by BuckApps.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Indiana and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, BuckApps may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
END OF TERMS OF SERVICE
Should you have any questions or concerns regarding this agreement, please contact us at [email protected].