Terms & Conditions of Use

“ScottCubbler”
TERMS AND CONDITIONS OF USE
Date of Last Revision: October 5, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, MOBILE SITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE, MOBILE SITE OR MOBILE APPLICATION.

This website, mobile site or mobile application is operated by “ScottCubbler” and/or its affiliated organizations. These Terms of Use (“Terms”) apply solely to your access to, and use of, the ScottCubbler.com Web site.  These Terms do not alter in any way the terms or conditions of any other agreement you may have with “ScottCubbler” for products, services or otherwise.

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notice of such changes or modifications.  Your continued use of the “ScottCubbler” site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

All questions or comments about the sites or site content should be directed here.

  • Privacy Policy.Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.
  • Electronic Communications.By agreeing to these Terms, you also consent to receive electronic communications from “ScottCubbler” (e.g., via email). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
  • Mobile Communications.
  • If you request to receive updates or other information by mobile phone or text message (the “SMS Service”), you consent to receiving text messages from us and our otherwise communicating with you via your mobile device.  We do not charge for this SMS Service.  However, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations and all subsequent SMS correspondence and/or transmissions.  You should check with your carrier to find out what plans are available and how much they cost.  All charges are billed by and payable to your mobile service provider. At any time, you may text STOP to cancel or HELP for customer support information.b. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. 
c. Data obtained from you in connection with this SMS Service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide.  We may use this information to contact you and to provide the services you request from us and as otherwise provided in our Privacy Policy. By requesting or otherwise using the SMS Service, you acknowledge and agree that we will have the right to change and/or terminate the SMS Service at any time, with or without cause and/or advance notice.
e. All content provided in connection with the SMS Service is appropriate for ages 13 and older (T13+).
  • Copyright and Limited License.Unless otherwise indicated in the “ScottCubbler” site and all content and other materials on the site, including, without limitation, “ScottCubbler”’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof are the proprietary property of “ScottCubbler” or its licensors or users and are protected by U.S. and international copyright laws.You are granted a limited, non-sublicensable license to access and use the site “ScottCubbler” and the site materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the site or the site materials therein; (b) the reproduction, distribution, public performance or public display of any “ScottCubbler” materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the “ScottCubbler” site, the site materials or any information contained therein, except as expressly permitted on the “ScottCubbler” site; or (f) any use of the site or the site materials other than for its intended purpose.  Any use of the site or the site materials other than as specifically authorized herein, without the prior written permission of “ScottCubbler”, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time.
  • Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, “ScottCubbler” has adopted a policy of terminating, in appropriate circumstances as determined by “ScottCubbler” in its sole discretion, subscribers or account holders who are deemed to be repeat infringers.  “ScottCubbler” may also at its sole discretion limit access to the “ScottCubbler” site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  • Copyright Complaints. If you believe that anything on the “ScottCubbler” site infringes upon any copyright which you own or control you may file a notification of such infringement as set forth below. Full Address to Which Notification Should be Sent: PO Box 79731, Houston, TX 77279
. Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
  • All logos and slogans contained in the “ScottCubbler” site are trademarks of “ScottCubbler”, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of “ScottCubbler” or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “ScottCubbler” or any other name, trademark or product or service name of “ScottCubbler” without our prior written permission.  In addition, the look and feel of the “ScottCubbler” site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of “ScottCubbler” and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names and company names or logos mentioned in the “ScottCubbler” site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
  • You may not use a “ScottCubbler” logo or other proprietary graphic of “ScottCubbler” to link to these “ScottCubbler” site without the express written permission of “ScottCubbler”.  Further, you may not use, frame or utilize framing techniques to enclose any “ScottCubbler” trademark, logo or other proprietary information, including the images found at the “ScottCubbler” site, the content of any text or the layout/design of any page or form contained on a page on the “ScottCubbler” site without “ScottCubbler”’s express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of “ScottCubbler” or any third party.”ScottCubbler” makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the “ScottCubbler” site, or Web sites linking to “ScottCubbler”.  Such sites are not under the control of “ScottCubbler” and “ScottCubbler” is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. “ScottCubbler” provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by “ScottCubbler” of any site or any information contained therein.  When you leave the “ScottCubbler” site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the “ScottCubbler” site.
  • Third Party Content. We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the “ScottCubbler” site (“Third Party Products and Services”).  Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party.  “ScottCubbler” does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness.  You acknowledge and agree that “ScottCubbler” is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
  • Advertisements and Promotions; Third-Party Products and Services. “ScottCubbler” may run advertisements and promotions from third parties on the “ScottCubbler” site or may otherwise provide information about or links to third-party organizations, products, or services on the “ScottCubbler” site.  Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.  “ScottCubbler” is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-“ScottCubbler” advertisers or third party information on the “ScottCubbler” site.
  • You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the “ScottCubbler” site or “ScottCubbler” that are provided by you in the form of email or other submissions to “ScottCubbler”  or any postings on the”ScottCubbler” sites, are non-confidential and shall become the sole property of “ScottCubbler”.   “ScottCubbler” shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
  • User Content and Interactive Areas. The Sites may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the “ScottCubbler” (“User Content”).  You are solely responsible for your use of such Interactive Areas and use them at your own risk.  By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
 User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. 
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content which violates the terms of any”ScottCubbler” guidelines, policies or rules posted on the Site or otherwise provided to you; and
i. User Content that, in the sole judgment of “ScottCubbler”  is objectionable or which restricts or inhibits any other person from using or enjoying the “ScottCubbler”site, or which may expose “ScottCubbler” or its users to any harm or liability of any type.
”ScottCubbler” takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is “ScottCubbler” liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  Your use of Interactive Areas is at your own risk.  Enforcement of the user content or conduct rules set forth in these Terms is solely at “ScottCubbler”‘s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.  In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the “ScottCubbler” will not contain any content that is prohibited by such rules.  As a provider of interactive services, “ScottCubbler” is not liable for any statements, representations, or User Content provided by its users in any public forum, blog or other Interactive Area.  Although”ScottCubbler” has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.  Any use of the Interactive Areas or other portions of the “ScottCubbler” in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the “ScottCubbler” site. 
Except as otherwise provided, you retain ownership of all User Content you post on the Sites.  However, if you post User Content to the “ScottCubbler” site, unless we indicate otherwise, you grant “ScottCubbler” and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of “ScottCubbler” issues supported by “ScottCubbler”, without any right of compensation or attribution.  You grant “ScottCubbler” and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

  • Registration Data; Account Security.In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the”ScottCubbler” site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to “ScottCubbler”,  to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to “ScottCubbler”.
  • You agree to defend, indemnify and hold harmless “ScottCubbler”,  its independent contractors, service providers, and consultants and joint committee members, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the”ScottCubbler” site or the User Content, including without limitation any actual or threatened suit, demand or claim made against “ScottCubbler” and/or its independent contractors, service providers, joint committee members, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
  •  EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE “SCOTTCUBBLER” SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  “SCOTTCUBBLER” DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE.  “SCOTTCUBBLER” DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
  • “SCOTTCUBBLER” IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY.  WHILE “SCOTTCUBBLER” ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, “SCOTTCUBBLER” CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE “SCOTTCUBBLER” SITE, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
”SCOTTCUBBLER” IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE “SCOTTCUBBLER” SITE.
 “ScottCubbler” reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by “ScottCubbler”. 

  • Limitation of Liability. IN NO EVENT SHALL “SCOTTCUBBLER”, ANY APPLICABLE “SCOTTCUBBLER” COMMITTEE MEMBERS, OR OUR RESPECTIVE EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM “SCOTTCUBBLER”, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HFA’S RECORDS, PROGRAMS OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF “SCOTTCUBBLER” OR ANY APPLICABLE “SCOTTCUBBLER” COMMITTEE MEMBERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE “SCOTTCUBBLER” SITE OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO “SCOTTCUBBLER” FOR ACCESS TO OR USE OF THE SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  • Applicable Law and Venue.These Terms and your use of the “ScottCubbler” site shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the State of Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
  • Notwithstanding any of these Terms “ScottCubbler” reserves the right, without notice and in its sole discretion, to terminate your license to use the “ScottCubbler” site, and to block or prevent future your access to and use of the “ScottCubbler” site.
  • If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information.  Questions or comments about the “ScottCubbler” site may be directed to “ScottCubbler” using this form.