Terms & Conditions
THERE IS AN ARBITRATION CLAUSE WITHIN THIS DOCUMENT
WHO WE ARE AND WHAT THIS LEGAL STUFF MEANS TO YOU:
The terms “we”, “us”, and “our” refer to Whitewater Global Holdings, LLC (legal name for Blood Run Tackle). The term the “Site” refers to bloodruntackle.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Use of bloodruntackle.com, including all materials presented herein and all online services or physical products provided by Whitewater Global Holdings, LLC. (“Blood Run Tackle”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site and our products. By using the Site, Services or Products, and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
WHO YOU ARE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or purchasing our Products.
WHAT YOU’LL GET
THE CLAUSE THAT REMINDS YOU THAT NOTHING IN LIFE IS PERFECT
Information provided on the Site or regarding our Products is subject to change. Whitewater Global Holdings LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Whitewater Global Holdings LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content on this site, social media postings, or other public information provided about it's products.
WHAT HAPPENS IF YOU PRETEND TO BE SOMEONE YOU AREN’T
In order to use the Site, you may be required to provide various information about yourself including your name, email address and other personal information. You agree that any information you give to Whitewater Global Holdings LLC on the application will always be accurate, correct and up to date. You must not impersonate someone else or provide account information, an email address or any other information that is not your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of our Products, violate any laws in your jurisdiction. Whitewater Global Holdings LLC reserves the right to cancel your purchase of our products without refund, if you provide false information to Whitewater Global Holdings LLC.
WHAT HAPPENS IF YOU TRY TO USE OUR SITE NEFARIOUSLY
You may use the Site and our Products for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
IF WE HAVE TO BREAK UP WITH YOU (OR, IT’S NOT YOU, IT’S US)
The products are offered subject to our acceptance of your order. We reserve the right to refuse service, acceptance of orders, and shipment of orders to any person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until a shipment notification is provided to you. We may at any time change or discontinue any aspect or feature of the Site or Service or Product, subject to us fulfilling our previous responsibilities to you based on acceptance of your order.
HOW WILL YOU KNOW THAT WE GOT YOUR ORDER?
We will email you twice after your order is placed. The first email is to confirm the placement of your order and the second email is to confirm the processing of your payment and provide you with an estimate of delivery time via shipment tracking information . In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Acceptance of payment by Whitewater Global Holdings LLC does not constitute requirement of Whitewater Global Holdings LLC to process any order. Orders are not officially accepted by Whitewater Global Holdings LLC until shipment notification is emailed to you.
NOT ONLY IS LIFE IMPERFECT, WE MAKE MISTAKES SOMETIMES TOO
We endeavor to describe and display the products as accurately as possible. While we try to be as clear as possible in explaining the products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
IF YOU DON’T OWN THE RIGHTS TO STUFF YOU POST HERE, WE CAN GET IN BIG TROUBLE
You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
IF YOU DO OWN THE RIGHTS, WE WANT YOU TO KNOW WE WON’T STEAL YOUR MATERIAL
We claim no intellectual property rights over the Materials you supply to Whitewater Global Holdings LLC. You retain copyright and any other rights you may rightfully hold in any content which you submit through the site. Content you submit to Whitewater Global Holdings LLC, remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant Whitewater Global Holdings LLC a world wide, nonexclusive, irrevocable license to display the Materials you supply to Whitewater Global Holdings LLC for business development and marketing purposes only. By visiting the site, you agree to hold Whitewater Global Holdings LLC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
SO…IN TURN, PLEASE DON’T SELL (OR EVEN GIVE AWAY) OUR MATERIAL
The Site contains intellectual property owned by Whitewater Global Holdings LLC including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Product content, in whole or in part without our prior written consent. We reserve the right to immediately remove your account, without refund or compensation of any kind, if you are caught violating this intellectual property policy.
SOMETIMES THINGS CHANGE, BUT WE’LL LET YOU KNOW
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
THE “LIMITATION OF LIABILITY” CLAUSE, OR, THE ONE WHERE YOU AGREE NOT TO SUE US
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Products. Additionally, Whitewater Global Holdings LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Whitewater Global Holdings LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Whitewater Global Holdings LLC cumulative liability to you exceed the total purchase price of the Product you have purchased from Whitewater Global Holdings LLC, and if no purchase has been made by you Whitewater Global Holdings LLC cumulative liability to you shall not exceed $100.
DON’T BLAME US IF OTHER WEBSITES AREN’T AS AWESOME AS OURS
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Whitewater Global Holdings LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
IF YOU GET US INTO TROUBLE, YOU HELP GET US OUT
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Products. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS, OR, DON’T TAKE THE SILLY STUFF TOO SERIOUSLY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ALL THE LEGAL STUFF YOU NEED TO KNOW ABOUT THE SITE IS IN THIS DOCUMENT & NOT HIDING BEHIND ANY CURTAINS
This Agreement constitutes the entire agreement between you and Whitewater Global Holdings LLC pertaining to the Site and Products and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Whitewater Global Holdings LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Whitewater Global Holdings LLC.
HOW TO GET IN TOUCH WITH US FOR THE SERIOUS STUFF
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Whitewater Global Holdings LLC
PO Box 118
Hamilton Michigan 49419
HOW TO KNOW WHAT LAW APPLIES TO US (Governing Law; Venue; Mediation)
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Michigan as applied to contracts that are executed and performed entirely in Michigan. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Allegan County, Michigan. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or any claim or dispute between the parties to this Agreement, shall be settled by arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof. All arbitration proceedings shall be held in Allegan County, Michigan and all arbitrators shall be appointed by the current presiding judge of the 57th District Court, Allegan County, Michigan, or if he fails to make such appointments within 90 days after a notice demanding arbitration has been delivered, the arbitrators shall be appointed by the American Arbitrators Association under their rules.
CLASS ACTION LAWSUIT WAIVER
The PARTIES, You the individual customer, and WHITEWATER GLOBAL HOLDINGS LLC, agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
IF ANYBODY SUES ANYBODY, THE LOSING PARTY PAYS THE LAWYERS
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
THIS AGREEMENT ISN’T PERFECT EITHER
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
YOU ARE IRREPLACEABLE
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, except upon approval by Whitewater Global Holdings LLC. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: February 2021.