Terms of Service
This agreement is between Bald Eagle Enterprises LLC ("we" or "Bald Eagle Enterprises", an Arkansas Limited Liability Company, and you ("you" or "Customer") as a user of The Bullshit Awards.
Entire Agreement
This agreement, together with any rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference, and published from time to time by Bald Eagle Enterprises, constitutes the entire agreement between Bald Eagle Enterprises and you regarding The Bullshit Awards, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
Services
Bald Eagle Enterprises offers registration to The Bullshit Awards at its website http://bullshitawards.com. The Bullshit Awards accept properly-formatted messages posted via a web form, posts these items to a web page and converts certain data elements into a physical document (nomination certificate), which is subsequently deposited at a national post office point of collection.
Prices
Official Service rates shall be advertised on The Bullshit Awards website at http://bullshitawards.com/ and may be amended from time to time.
Privacy Policy
Bald Eagle Enterprises is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. Our
Privacy Policy outlines our handling of data collected during the regular course of supplying The Bullshit Awards services.
If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Customer Representations
You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services as well as for use of your account by others.
Customer Responsibilities
You are fully responsible for the contents of your transmissions through The Bullshit Awards. The Bullshit Awards acts as a passive conduit for you to send information of your own choosing.
You agree: (1) not to use the The Bullshit Awards for illegal purposes; (2) not to interfere with or disrupt networks connected to The Bullshit Awards; (3) to comply with all regulations, policies and procedures of networks connected to The Bullshit Awards; (4) not to use The Bullshit Awards to infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; and (5) not to transmit through The Bullshit Awards any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature.
Bald Eagle Enterprises reserves the right to take any action with respect to the The Bullshit Awards that Bald Eagle Enterprises deems necessary or appropriate in its sole discretion if Bald Eagle Enterprises believes that: (1) You or your information compromises or disrupts The Bullshit Awards for you or other Customers; or (2) Your use of The Bullshit Awards contradicts any applicable local, national, or international laws and regulations.
You must: (1) maintain any security of your Customer identification, and other confidential information relating to your Bullshit Awards account and (2) be responsible for all charges resulting from use of your Bullshit Awards account, including unauthorized use prior to your notifying Bald Eagle Enterprises of such use and taking steps to prevent its further occurrence.
Modifications to Services
Bald Eagle Enterprises reserves the right to modify or discontinue any of The Bullshit Awards services with or without notice to you. Bald Eagle Enterprises shall not be liable to you or any third party should Bald Eagle Enterprises exercise its right to modify or discontinue The Bullshit Awards.
Username, Password, and their Security
As part of the registration process, you will be required to provide an email address and select a usename and a password. You may change your password and set a password to protect your messages after logging in to The Bullshit Awards website. You are entirely responsible for any failure to maintain the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Bald Eagle Enterprises of any unauthorized use of your account or any other breach of security known to you.
Termination
Either you or Bald Eagle Enterprises may terminate your Bullshit Awards account at any time, with or without cause, upon notice. Any such notice by you to Bald Eagle Enterprises must be in accordance with Bald Eagle Enterprises' verification procedures, as such procedures may be established and changed by Bald Eagle Enterprises from time to time at its sole discretion, and which may include the requirement that you contact Bald Eagle Enterprises by phone to confirm that any such notice was in fact sent by you. Bald Eagle Enterprises also reserves the right to terminate or suspend your Bullshit Awards account without prior notice, provided that Bald Eagle Enterprises will attempt to confirm such termination or suspension by subsequent notice.
Modifications to Customer Agreement
Bald Eagle Enterprises may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on The Bullshit Awards website, and/or (b) sending information regarding the amendment to the email address you provide to Bald Eagle Enterprises. You are responsible for regularly reviewing The Bullshit Awards website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use The Bullshit Awards services after such amendments have been posted or information regarding such amendments has been sent to you. Otherwise, this Agreement may not be amended except in writing signed by both you and Bald Eagle Enterprises.
Disclaimer of Warranties and Limitation of Liability
A. The Bullshit Awards services are provided "as is," and neither Bald Eagle Enterprises nor any of its licensors or service providers makes any express or implied representations or warranties to you regarding the usability, condition or operation thereof. Bald Eagle Enterprises does not warrant that access to or use of services will be uninterrupted or error-free, or that Bald Eagle Enterprises services will meet any particular criteria of performance or quality. Bald Eagle Enterprises and each of its licensors and service providers expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
B. Your use of The Bullshit Awards services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material obtained either directly or indirectly from Bald Eagle Enterprises. You agree that neither Bald Eagle Enterprises nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of your use of or inability to use The Bullshit Awards or any other Bald Eagle Enterprises software or service, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Bald Eagle Enterprises or any such licensor or service provider has been advised of the possibility of damages.
The entire liability of Bald Eagle Enterprises and its licensors and service providers and your exclusive remedy with respect to the use of Services or any breach of this agreement are limited to the amount actually paid by you for services. You hereby release Bald Eagle Enterprises and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.
Bald Eagle Enterprises shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of Bald Eagle Enterprises' control which would lead to the interruption of data delivery.
Charges
You agree to pay all charges for your use of The Bullshit Awards services at the prices then in effect for your country of residence. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. Bald Eagle Enterprises reserves the right to change prices or institute new charges for access to or use of The Bullshit Awards. All changes will be posted by Bald Eagle Enterprises at The Bullshit Awards website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of The Bullshit Awards services or non-termination of your Bullshit Awards account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time at Bald Eagle Enterprises' sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance.
Charges are to be paid at the point of sale via Paypal or other payment forms indicated on the shopping cart at checkout in the currency billed. Each time you use The Bullshit Awards services, or allow or cause The Bullshit Awards services to be used, you agree and reaffirm that Bald Eagle Enterprises is authorized to charge your designated Paypal account or card.
Payment
Bald Eagle Enterprises reserves the right to suspend or terminate your Bullshit Awards account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Bald Eagle Enterprises when Bald Eagle Enterprises believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Bald Eagle Enterprises.
Indemnification
You agree to indemnify Bald Eagle Enterprises and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Bullshit Awards account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited letters.
General Terms
This agreement and your use of The Bullshit Awards services is subject to the laws of the State of Arkansas, USA.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Bald Eagle Enterprises' failure to act with respect to a breach by you or others does not waive Bald Eagle Enterprises' right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Bald Eagle Enterprises shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Bald Eagle Enterprises' reasonable control.
Bald Eagle Enterprises cannot be held responsible for any loss, damage or injury caused by or attributed to the service. It cannot accept any responsibility for loss of earnings, hardship or any other financial claim for damages through the use of the service
Notices & Consent
Notices given by Bald Eagle Enterprises to you will be given by email or by a general posting on The Bullshit Awards website, or by postal delivery. In any matter requiring Bald Eagle Enterprises' prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Bald Eagle Enterprises. Notices given by you to Bald Eagle Enterprises must be given by email or by postal delivery.
Notices to Bald Eagle Enterprises by postal delivery must be sent to Bald Eagle Enterprises LLC, 1015 Northwest Ave, #353, El Dorado, AR 71730.
