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 anywhere else.
- INTRODUCTION; GENERAL TERMS
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. 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.
- LEGAL DISCLAIMER
All materials contained in this Website 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, are the sole property of T-Train, Inc. or Tucker Hibbert (together, hereafter “T-Train”) or a licensed product of T-Train (collectively, the “T-Train Materials”).
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. The T-Train Materials shall not be used in any unauthorized manner. You may browse and view the T-Train 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 email@example.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.
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, 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.
- INTERACTIVE FEATURES
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.
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 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.
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.
- APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
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 OF LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: (I) THE ACTIVITIES OR ANY VENDOR, (II) THE MERCHANDISE OFFERED, (III) YOUR ACCESS OR INABILITY TO ACCESS THE T-TRAIN MERCHANDISE OR ANY PRODUCT OR SERVICE THEREIN, OR (IV) YOUR PURCHASE OR USE OF ANY MERCHANDISE.
A. Price Modifications; Merchandise and Services Availability
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.
B. Purchasing; Price; Payment
- EXTERNAL LINKS
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.
- DISCLAIMER OF WARRANTIES
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 ANY WARRANTIES 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.
- LIMITATIONS ON LIABILITY
A. 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.
B. 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.
C. 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.
D. 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, attorneys, agents 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.
- CHOICE OF LAW; JURISDICTION; ATTORNEYS’ FEES
This Agreement will be governed by the laws of the State of Minnesota. Any court of competent jurisdiction sitting within Hennepin County, Minnesota will have exclusive jurisdiction and be the sole 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. 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 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.