Tucker-Hibbert.com is the main world-wide web location for fans of Tucker Hibbert.
Tucker-Hibbert.com is dedicated to providing year-round, in-depth coverage to Tucker's fans around the world. Tucker-Hibbert.com is committed to providing Tucker's fans relevant and unique information by delivering compelling content that Tucker's fans might not receive any where else.
These Terms of Use (this "Agreement") should be read carefully before using this website.
Use of this Website ("Website") and all products and services provided and/or distributed (whether via this Website or with regard to it) by T-Train, Inc, ("T-Train") are subject to this Agreement. All materials contained in this Website and accessible through this Website shall be referred to herein as the "Materials". By using this Website, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Website. By using this Website, you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
The content of this Website is either owned by or licensed to T-Train. T-Train and its licensees retain all rights to the T-Train Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated, and whether registered or unregistered. Except as authorized in writing by T-Train, you shall not reproduce, prepare derivative works based upon, distribute, perform, sell or display the T-Train Materials. The T-Train Materials shall not be used in any unauthorized manner.
Third party text, photo, graphic audio and/or video material (collectively, the "Third Party Materials"), contained in or incorporated into the T-Train Materials shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
This Website may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or materials (collectively, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, bulletin boards, e-mail, contests, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Interactive Features"). You are solely responsible for your Submitted Content and must use the Interactive Features in a responsible manner.
In order to participate in Interactive Features, you may be asked to register or provide certain personal information such as your name and/or e-mail address. The Privacy Policy on our Website explains how such information may be collected and used. In consideration of your use of the applicable Interactive Features, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms; (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update such data, and any other information you provide to T-Train, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.
T-Train and its third-party providers (the "Vendors") may monitor, edit or screen your Submitted Content. T-Train and its Vendors will not be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that T-Train is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user or the Interactive Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to T-Train under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If T-Train determines, in T-Train's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, T-Train reserves the right to (i) refuse to allow you to upload information or otherwise transmit material; (ii) remove and delete your Submitted Content; (iii) revoke your right to use this Website and the Interactive Features; and/or (iv) use any technological, legal, operational or other means available to T-Train to enforce the provisions of this Agreement, including, without limitation, blocking IP addresses or deactivating your registration on this Website and the Interactive Features.
By transmitting your Submitted Content via the Interactive Features, you grant, represent and warrant that you have the right to grant to T-Train a royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose, in whole or in part, in any form, media or technology known or hereafter developed.
This Website may allow you to order products and merchandise (together, the "Merchandise"). ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. T-TRAIN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: (I) THE ACTIVITIES OR ANY VENDOR, (II) THE MERCHANDISE OFFERED, (III) ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE T-TRAIN MERCHANDISE OR ANY PRODUCT OR SERVICE THEREIN, OR (IV) ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY MERCHANDISE.
T-Train reserves the right to modify the price of any Merchandise, at any time and may discontinue certain Merchandise at any time in T-Train's sole discretion.
The price or availability of an item cannot be confirmed until your order is placed.
The sale of Merchandise offered via this Website is subject to transmission limitations of the Internet and, as applicable, third party payor services or contract limitations.
In order to purchase Merchandise via this Website, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and shipping address. The Privacy Policy explains how such information collected via this Website and used by T-Train. Your ability to purchase Merchandise offered via this Website is subject to limits established by your credit card issuer. You must notify T-Train immediately of any change in your credit card information, including any change to your home address. T-Train will bill your credit card at the time the Merchandise or any other products offered via this Website are ordered. By purchasing any Merchandise via this Website, you acknowledge and agree thatyour credit card will be charged by the payment processor of T-Train or itsVendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor". By utilizing a credit or debit card for purchase of any Merchandise, you authorize T-Train to charge such card at the time that you place an order.
This Website may contain links to other sites and resources. Such links do not constitute an endorsement by T-Train or Tucker Hibbert of any such third party website or content. T-Train is not responsible for the availability of these third party resources or their contents.
T-Train disclaims, to the fullest extent of the law, any responsibility for any damages resulting from downloading or accessing any information or material on the Internet through the Website. T-Train, to the fullest extent of the law, disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on or linked to by the Website. T-Train, to the fullest extent of the law, disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE ORGANIZATION AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALLEXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE ORGANIZATION AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. THE ORGANIZATION AND ITS LICENSORS DISCLAIM ANYWARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT OR ANY ACT OR FAILURE TO ACT BY T-TRAIN OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE INTERACTIVE FEATURES OF THIS WEBSITE.
IN NO EVENT SHALL T-TRAIN BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE MERCHANDISE.
IN NO EVENT SHALL T-TRAIN OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF T-TRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF T-TRAIN, IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE.
IN NO EVENT SHALL T-TRAIN BE LIABLE FOR ANY FAILURE,INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold T-Train and its directors, officers, shareholders, employees, agents, attorneys and other representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of this Website, (ii) the Merchandise purchased via this Website; or (iii) any alleged breach of this Agreement by you.
This Agreement will be governed by the laws of the State of Minnesota applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Hennepin County, Minnesota will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. T-Train will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. T-Train in its sole discretion may amend this Agreement, and your use of this Website after such amendment is posted on this Website will constitute acceptance of it by you. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
By using this Website you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use this Website. T-Train may change the terms of this Agreement at any time and your use of this Website after such changes are posted will mean that you accept them.
Please read this Privacy Policy (this "Privacy Policy") carefully before using this Website.
You can visit and enjoy this Website without disclosing any personal information about yourself. However, we offer some special services, and for these services to work properly we will need you to share with us certain personal information about yourself. The personal information we collect may include, but is not limited to, full name, street address, e-mail address, telephone number(s) (e.g., home, work, mobile and/or fax) and birth date. We may also collect other personal information that will be identified on applicable page(s) of this Website. If you submit any personal information to us, or to any third-party service providers acting on our behalf, you can be assured that we will not sell, lease, or share your personal information with or to anyone else, except as follows: (1) to those third-party service providers, and only so that they may help us provide services you've requested and in certain circumstances to provide you with ticket related offers; (2) upon notice posted on an applicable location of this Website where we collect your personal information for an economic transaction and notify you that we will be sharing such information with a third party,where such third party is clearly identified; and (3) on occasion, we may offer a special promotion on this Website in conjunction with a third-party service provider, sponsor, or promotional partner, and share your information with that service provider, sponsor, or promotional partner so that it can send you other special promotions it offers, but only if you give us permission to do so. With your permission, we may also send you e-mails with special offers and promotions.
INFORMATION COLLECTED; COOKIES AND SIMILAR TRACKING DEVICES
We may use automatic methods such as cookies (small amounts of data, which often include an anonymous unique identifier that is sent to your browser from a Website's computers and stored on your computer's hard drive), single-pixel GIF images ("web beacons") or similar technologies, alone or in combination with personally identifiable information you choose to provide us, to make this Website work better, to understand Website usage and trends, to deliver a more personalized experience and to improve the content and offerings of this Website. Examples of the information we collect and analyze using such methods include, without limitation, the Internet protocol (IP) address used to connect your computer to the Internet; e-mail address; login name and password; operating system type, version and computer platform; purchase history, which we may aggregate with similar information from other customers; the full Uniform Resource Locator(URL) to, on, and from this Website, including date and time; cookie information; and products you viewed or searched for. We may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
We may also use cookies to enable you to use a "shopping cart" if you want to purchase goods while on this Website, and to offer you products, programs, or services based on purchase and Website usage behavior that you and/or other customers have exhibited. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to accept or reject cookies. If you set your browser not to accept cookies, you may not be able to take advantage of certain services on this Website.
We do not transfer cookies associated with this Website to any other company, nor do we authorize any other company to access the cookies we have placed on your computer's hard drive. We may allow other companies that are presenting advertisements or providing services on the pages of this Website to set and access cookies on your computer and/or web beacons or similar technologies on certain of those pages and/or certain emails sent by us.
We do not knowingly install any spyware or adware in connection with this Website, or distribute any commercial message, or authorize any third party to distribute any commercial message by means of spyware or adware. "Spyware" or "adware" is any software which has been downloaded to and/or installed on an Internet user's computer, without the user's actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
We may be required to share your personal information and non-personal information pursuant to judicial or governmental subpoenas, warrants, or orders. We reserve the right to use, disclose, and/or share your personal and non-personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or any person, violations of this Website's Terms of Use or as otherwise required by law.
We collect information from our users at several different points, and we are the sole owner of the data collected on this Website. In each case, only information that is reasonably necessary to participate in the Interactive Feature at hand will be sought. For example, T-Train will not ask children for their home mailing address in order to receive an e-mailed newsletter. We will never condition a child's participation in an online activity on the disclosure of information that is beyond what is reasonably necessary for T-Train to conduct the applicable Interactive Features.
In compliance with COPPA, any parent of a child who provides information to T-Train has the right to review the child's personal information. You may recommend changes to your personal information if it is in error by submitting a request to T-Train at: mandi@tucker-hibbert.com. You may also contact us if you believe that your personal information is being used for a purpose other than what was intended. In certain situations, we may require verification of your identity before making changes.
All materials and other content used on our website, including but not limited to, artwork, photographs, graphics, video clips, images, text, copyrights, trademarks and other intellectual property, whether registered or not registered, (collectively, the "Materials"), are the sole property of T-Train, Inc. or Tucker Hibbert (together, hereafter "T-Train") or a licensed product of T-Train. You may browse and view the Material available on our website, but any other use of the Material is not permitted unless specifically authorized by T-Train in writing.
Copying, downloading, reproducing, creating derivative works, translating, displaying, modifying or printing of any of the Material is strictly prohibited without our express written permission. To request such permission, please send an email to T-Train c/o mandi@tucker-hibbert.com; however, T-Train may withhold permission in its sole discretion.
Legal action will be taken against individuals or organizations that ignore this notice and T-Train will seek reimbursement of all fees, including but not limited to attorneys' fees and court costs, to enforce this notice and protect our rights and ownership of the Material.