By using the muddyboots.online web site (“Service”), all services of Muddy Boots Inc, the company you represent (“you”) is agreeing to be bound by the following terms and conditions (“Terms of Service”).
Muddy Boots Inc. reserves the right to update and change the Terms of Service from time to time with 30 days notice via email. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: muddyboots.online/terms-of-service
Violation of any of the terms below will result in the termination of your Account. While Muddy Boots Inc. prohibits such conduct and Content on the Service, you understand and agree that Muddy Boots Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You as an individual must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You as an individual are an employee of, or an authorized third party representative of the company you are registering for the Service.
- You must provide your personal legal full name, a valid email address, legal company name or registered trade name and address and any other information requested in order to complete the signup process.
- Each login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are responsible for maintaining the security of your account and password. Muddy Boots Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers may access their muddyboots.online account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses muddyboots.online, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Muddy Boots Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Muddy Boots Inc. has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to muddyboots.online via the API may result in the temporary or permanent suspension of your account’s access to the API. Muddy Boots Inc, in its sole discretion, will determine abuse or excessive usage of the API. Muddy Boots Inc. will make a reasonable attempt via email to warn the account owner prior to suspension.
- Muddy Boots Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with 30 days notice.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
- A valid billing address is required for paying accounts
- If you sign up for a free trial account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, or submit an email stating your wish to cancel the account, you will not be charged.
- The Service is billed at the end of every month and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card or billing address that you provided will automatically be charged the new rate on your next billing cycle.
- Cancelling or downgrading your Service may cause the loss of Content, features, or capacity of your Account. Muddy Boots Inc. does not accept any liability for such loss.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your account. An email to email@example.com is a valid method of account cancellation.
- Unless an explicit request has been made in the cancellation request, all of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If a request for a transfer of Content has been made, Muddy Boots Inc. will provide the Content in electronic form, and will charge time and materials for the extraction of the Content.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will be charged for the month’s usage to date.
- Muddy Boots Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Muddy Boots Inc. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
MODIFICATIONS TO THE SERVICE AND PRICES
- Muddy Boots Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with a minimum of 30 days notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the muddyboots.online Site or the Service itself. Such notice will also be distributed to your billing contact via email.
- Price increases of the muddyboots.online service will happen at most once every two years. Any price increase will be no greater than 5%.
- Muddy Boots Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
- We claim no intellectual property rights over the material you provide to the Service. Your profile and data uploaded remain yours.
- Muddy Boots Inc. does not pre-screen Content, but Muddy Boots Inc. has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Muddy Boots Inc.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. That being said, our intent is to provide Service uptime of 99.5%.
- Technical support is only provided to paying account holders and is only available via email.
- Support is available on business days between 7:00 AM and 5:00 PM MST.
- Support emails will be responded to within 2 hours of receipt within the support availability time frame described above.
- You understand that Muddy Boots Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Muddy Boots Inc., or any other Muddy Boots Inc. service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Muddy Boots Inc.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Muddy Boots Inc. customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Muddy Boots Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Muddy Boots Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Muddy Boots Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Muddy Boots Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Muddy Boots Inc. and govern your use of the Service, superseding any prior agreements between you and Muddy Boots Inc. (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org