Acceptance of Terms

The website located at www.duckhooked.com is owned and operated by DuckHook Media LLC, a Texas limited liability company ("DuckHooked"), and any person or entity to whom it has assigned such interest or designated to operate the Site. By using this website and the information it offers (collectively, the "Site"), you indicate your acceptance of these Terms of Service (these "Terms").

Subject to these Terms, DuckHooked grants you permission to become a member of the Site. Your use of the Site is further subject to the Privacy Policy and other polices provided on the Site. Please read these Terms carefully as it forms a binding contract between you and DuckHooked. Please print a copy of these Terms for your records.

Registration and Security

To participate on the Site in areas for social media, blogs, forums, comments and e-commerce, you are required to register as a member (together with any user of the Site, a "Member"). DuckHooked does not encourage, solicit, or permit visitors who are under the age of 13 to become a Member of or visit the Site. As part of the registration process, you will select a Member name and password and may be required to provide certain information. DuckHooked may disallow the use of any Member name that we, in our sole and absolute discretion, deem offensive or inappropriate.

You affirm that the information you supply during the registration process is true, accurate, current, and complete information about yourself. If the information becomes inaccurate, it is your responsibility to update your registration. If we believe that your registration information is untrue, inaccurate, incomplete, or outdated, we may suspend or terminate your use of the Site at any time and without any notice to you. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the Site through Member names and passwords selected by you. You agree to notify us immediately of any unauthorized use of your Member name or password.

Member Use of Site

A Member is prohibited from generating revenue from the webpages, blogs, forums, postings, text, files, links, attachments, comments, or other materials posted to the Site by a Member and hosted on the Site's server ("Member Content"). Members are strictly prohibited from (a) selling any products or services directly through the Site and (b) causing advertisements for services or products sold or provided by third parties to be placed on the Site except through the Classified Ads section of the Site. DuckHooked reserves the right to remove any classified ad at any time without any notice in our sole and absolute discretion. Notwithstanding the foregoing, if you would like to purchase advertising on this Site, please contact support@duckhooked.com.

Members may generally place links in their postings on the Site to other websites that offer services or products for sale and Member Content may include information about the Member's activities, products or business, however, we retain the right to remove at any time and without any notice to you, any Member Content that we may deem inappropriate, in our sole and absolute discretion.

You may not accept any cash through the Site by any means, including, without limitation, credit card or PayPal payments.

You may not use the Site for illegal purposes or for any purpose that we determine, in our sole and absolute discretion, to be inappropriate. You may not post Member Content to the Site for illegal purposes or to display, promote, or publish any illegal content.

Mobile Applications

DuckHooked may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all services that are accessible on or through the Mobile Applications. If you use the services on a mobile device, you agree that information about your use of the services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our services through the Mobile Apnsplicat free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.

Member Content; Communications Decency Act

If you believe that any Member Content posted on the Site is inaccurate, you are solely limited to posting a rebuttal. DuckHooked does not remove Member postings at the request of the Members. Please note that DuckHooked is a provider of an interactive computer service under the Communications Decency Act or "CDA," (see 47 U.S.C. § 230). The CDA provides that when a user writes and posts material on a website, the website itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Because the comments and opinions on the Site are authored by Members of the Site, DuckHooked is not liable for the content even if it contains false or inaccurate information.

To be of use to our Members, we encourage a large volume of posting on the Site. Given the volume, we do not assume any duty to monitor the accuracy of the information our Members may choose to post on our Site. However, we reserve the right to remove and delete, at any time and without any notice, any Member Content hosted on the Site's server, or any other Site content that is inappropriate or otherwise warrants removal in our opinion and in our sole and absolute discretion.

Member Content made available through this Site is that of its authors and not of DuckHooked, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. DuckHooked does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will DuckHooked be responsible for any loss or damage resulting from anyone's reliance on information or other Member Content posted on the Site.

Inappropriate Content

You may not post inappropriate Member Content on the Site. Inappropriate Member Content includes anything DuckHooked, in its sole and absolute discretion, determines to be offensive or inappropriate for inclusion or use on the Site. Members are prohibited from using the Site to:

1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for purposes of misleading others;
2. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3. upload, post, email or otherwise transmit any Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. upload, post, email or otherwise transmit any Member Content that you do not have the right to publicize under law (such as inside trading information);
5. upload, post, email or otherwise transmit any 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, network, hardware or telecommunications equipment;
6. post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or "spam" or any other form of solicitation;
7. use automated scripts to collect information from or otherwise interact with the Site;
8. violate any applicable local, state, national or international law;
9. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
10. post other people's personal identification, contact or confidential information, including but not limited to credit card numbers, Social Security numbers, driver's and other license numbers, passwords, Member names, phone numbers, addresses, and email addresses.

You must be courteous to other Members of the Site. Personal attacks are grounds for being banned from use of the Site. If you have a problem with something that another Member has posted on the Site please contact us. Do not post a personal attack in response. Harassing Members of the Site in any way will not be tolerated. If a Member has advised you that they do not wish for you to contact them, it is your responsibility to respect this request. Failing to adhere to these Terms may lead to you being immediately and permanently banned, with notification to your internet service provider if we deem necessary, in our sole and absolute discretion. The IP addresses of all Member posts to the Site may be recorded to aid in enforcing these Terms.

YOU AGREE THAT DUCKHOOKED ASSUMES NO RESPONSIBILITY FOR MONITORING THE SITE FOR ANY INAPPROPRIATE MEMBER CONTENT OR CONDUCT. IF, AT ANY TIME, DUCKHOOKED CHOOSES, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MONITOR MEMBER CONTENT, DUCKHOOKED NONETHELESS ASSUMES NO RESPONSIBILITY FOR THE MEMBER CONTENT, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE MEMBER CONTENT, AND NO RESPONSIBILITY FOR THE CONDUCT OF THE MEMBER SUBMITTING ANY SUCH MEMBER CONTENT.

WARNING: It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. DuckHooked is not responsible for the use of any information that you may choose to disclose through the Site. Please carefully select the type of information that you post on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by DuckHooked, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. You agree to take normal precautions when meeting individuals in person that you have made contact with through the Site.

User Disputes

You are solely responsible for your interactions with other Members of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

In the event of any dispute between you and another Member, including any dispute regarding any third party offers included on the site such as classified ad posted by a Member, coupons provided by businesses, or tee times reserved on the Site, you release DuckHooked, its agents, directors, officers and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Termination of Use of Site

At any time and without notice to you, DuckHooked may terminate your use of the Site with or without cause, including, without limitation, if the Site believes that you have violated or acted inconsistently with this Agreement. In the event of termination, all representations, warranties, indemnifications, and promises made by you under these Terms shall survive. DuckHooked may also modify or discontinue providing the Site, or any part thereof, with or without notice. DUCKHOOKED IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, ANY MODIFICATION OR TERMINATION OF THE SITE, OR ANY LOSS OF MEMBER CONTENT.

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

1. DuckHooked's logos, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by DuckHooked. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of DuckHooked. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by DuckHooked.
2. The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2011, DuckHook Media LLC. All rights reserved. The copyrighted and proprietary property of DuckHooked may not be duplicated or used without DuckHooked's express prior written consent.

Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices.

Digital Millennium Copyright Act

You may not post Member Content that infringes any third party's intellectual property rights. It is the Site's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim. If the Site removes Member Content or disables access to Member Content to comply with the DMCA, it will make a good-faith attempt to contact the owner or administrator of the Member Content so that they may make a counter notification pursuant to section 512(g)(2) and (3) of the DMCA. It is the Site's policy to document all notices of alleged infringement on which it acts.

In the event you believe material or content published on the Site may infringe on your copyright or on another's copyright, please provide detailed written notice of such possible infringement to DuckHooked's Designated Agent:

Travis French
8422 Trophy Place Dr.
Humble, TX 77346
281.465.5444
tfrench@duckhooked.com

License and Use of Member Content and Ideas

DuckHooked maintains rights to operate the Site and the social media areas on the Site's server. When you post Member Content to publicly visible areas of the Site, you are granting to DuckHooked, or warranting that the owner of such Member Content has granted to DuckHooked, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, nonexclusive right under all intellectual property rights to use, reproduce, modify, transmit, distribute, perform, and display such Member Content (in whole or in part) and/or to incorporate such Member Content in other works in any form, media, or technology. Except for personal, private information provided to us under our Privacy Policy, all material, information, or ideas that you upload, publish, distribute, post, or disseminate on or through the Site will be treated as non-confidential and non-proprietary, and may be used or disseminated by DuckHooked or its affiliates for any purpose. You also acknowledge and agree that DuckHooked is free to use any ideas, concepts, know-how, feedback, or techniques incorporated in Member Content on the Site for any purpose without any compensation to you.

Third Party Copyrights

DuckHooked respects the intellectual property of authors and creators of written works and visual images and we ask our Members to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. DuckHooked and Members are each subject to the copyright laws. You represent and warrant that you possess all necessary rights to use the Member Content that you submit to the Site and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any Member Content that you submit to us. If you have any questions, you should consult a lawyer who specializes in intellectual property law.

Links to This Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the pages that are activated by the link do not: (a) create frames around any page on the Site or use other techniques that alter in any way the visual presentation or appearance of any content within the Site; (b) misrepresent your relationship with DuckHooked; (c) imply that DuckHooked approves or endorses you, your website, or your service or product offerings; and (d) present false, derogatory, misleading or otherwise offensive impressions about DuckHooked or its products or services or otherwise damage the goodwill associated with the DuckHooked name or trademarks. You may not use any DuckHooked logo or other proprietary graphic or trademark as part of the link without express written permission. As a further condition to being permitted to link to the Site, you agree that DuckHooked may at any time, in its sole discretion, terminate permission to link to the Site. In such event, you agree to immediately remove all links to the Site.

Links to Other Sites

The Site may contain links to third party websites. Such third party websites are not under the control of DuckHooked. Please note that DuckHooked is not responsible for the accuracy or content of websites of other providers that may have links from the Site. Accordingly, DuckHooked can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that DuckHooked has provided this link serve as an endorsement by DuckHooked of this or any other site. In creating hypertext links to any other website, DuckHooked is not recommending such website or giving any assurances as to its standing. DuckHooked is providing such links only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on or through these outside sites, or the organizations sponsoring the sites. DuckHooked makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Electronic Communications

If you register on the Site, you hereby authorize the Site to send you Site newsletters and email communications.

You understand that if you include your email address in any public posting to the Site, that you may receive unsolicited emails from third parties for which DuckHooked bears no responsibility.

Changes and Updates to These Terms

The Site may at any time modify, add to, or remove portions of these Terms, without prior notice. It is your responsibility to check these Terms periodically for changes. DuckHooked will provide notice of any updates, revisions, supplements, modifications or amendments to these Terms on the Site's homepage. By continuing to use the Site and maintain Member Content on the Site after the Site's posting of such changes, you agree to be bound by these Terms, as modified. Your use of the Site is subject to the most current version of these Terms.

No Warranty; Disclaimers

The Site is not responsible for providing any technical assistance beyond a voluntary good-will effort to facilitate Site usage. THE SITE IS PROVIDED "AS IS," AND DUCKHOOKED AND ITS LICENSEES, SUPPLIERS AND CO-BRANDED PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE FOREGOING, DUCKHOOKED DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. DUCKHOOKED ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DUCKHOOKED OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUCKHOOKED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DUCKHOOKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE).

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. FURTHER, IN NO EVENT WILL DUCKHOOKED BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN U.S. $50.00. DUCKHOOKED SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON OR THROUGH THIRD PARTY SITES.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DUCKHOOKED, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, COBRANDED PARTNERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), ALLEGATIONS, LOSSES, AND LIABILITIES ARISING FROM OR RELATED TO (A) ANY VIOLATION BY YOU OF THIS AGREEMENT, (B) YOUR USE OF THE SITE, (C) MEMBER CONTENT THAT YOU SUBMIT, POST TO, OR TRANSMIT THROUGH THE SITE, AND (D) YOUR ACCESS TO OR USE OF LINKED SITES.

Dispute Resolution; Choice of Law; Venue

ANY DISPUTE ARISING BETWEEN YOU AND DUCKHOOKED (WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY) OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SITE, YOUR ACCESS TO OR USE OF THE SITE, WILL BE RESOLVED, INDIVIDUALLY, THROUGH BINDING ARBITRATION IN BEXAR COUNTY, TEXAS, USING THE THEN-CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND THE RESULTING DECISIONS MAY BE ENTERED IN ANY COURT WITH PROPER JURISDICTION. THIS MEANS THAT IF YOU HAVE A GRIEVANCE WITH DUCKHOOKED, YOU CANNOT TAKE DUCKHOOKED TO COURT, AND YOU MAY NOT JOIN YOUR ACTION WITH ANY OTHER PARTY. YOU CAN ADDRESS SUCH GRIEVANCES THROUGH ARBITRATION ONLY, AND YOU ARE HEREBY CONSENTING TO DO SO IN SAN ANTONIO, TEXAS, USING TEXAS LAWS (WITHOUT REGARD TO TEXAS RULES ON CONFLICT OF LAWS). TO THE FULLEST EXTENT ALLOWED BY LAW, ANY SUCH CONTROVERSY OR CLAIM MUST BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN BEXAR COUNTY, TEXAS, AS NECESSARY TO PROTECT THE PARTY'S RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION.

Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.

DuckHooked's principal office is in the State of Texas and this Site is controlled by DuckHooked from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and DuckHooked agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).

This contract is fully performable in Bexar County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Bexar County, Texas. For any matter not governed by the arbitration clause above, the Parties specifically consent to the jurisdiction of the State District Courts of Bexar County, and the United States District Court for the Western District of Texas.

Fees

DuckHooked reserves the right to charge fees, surcharges and/or membership fees for use of the Site at any time upon thirty (30) days' prior written notice. Such notice shall be provided on the Site and may be reflected in an amendment to these Terms.

General

If any portion of these Terms are deemed unenforceable, that portion will be enforced to the maximum extent possible so as to affect the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect. DuckHooked's failure to act in a particular circumstance, including any failure by DuckHooked to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. DuckHooked will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. DuckHooked may assign its rights and obligations under these Terms freely. You may not assign any rights or obligations under these Terms without DuckHooked's written consent. These Terms, in addition to the Privacy Policy and other applicable policies referred to within the Site, constitute the entire agreement between DuckHooked and the individual Member with respect to your access to or use of the Site, superseding any prior agreements between you and DuckHooked with respect to your access to or use of the Site (including any prior versions of these Terms).

Electronic Communications

You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your email address please click here and review our Privacy Policy.

Contact Information

If you have a comment, question or request, or if you need to contact DuckHooked for any other reason, there are two easy ways to do so.

• E-mail: Please click here.
• U.S. Mail: Send mail to DuckHooked at:
  DuckHook Media LLC
  8422 Trophy Place Dr.
  Humble, TX 77346

Updates to Terms of Service

This Agreement was updated on January 13, 2012.