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Welcome to Whitetail Master Academy, LLC (hereinafter referred to as “Whitetail Master Academy,” “we,” or “us”)! We are a membership service that provides our members with access to online training and other audio-visual education (“online training”) streamed over the Internet to computers and other devices.
These Terms of Use govern your use of our service. As used in these Terms of Use, “Whitetail Master Academy,” “our service” or “the service” means the service provided by Whitetail Master Academy for discovering and watching online training, including all features and functionalities, Website (as defined below), and user interfaces, as well as all content and software associated with our service.
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Whitetail Master Academy (except for matters that may be taken to small claims court).
Acceptance of Terms of Use.
These Terms of Use, which include our Privacy Policy, govern your use of the Whitetail Master Academy service. By using, visiting, or browsing the Whitetail Master Academy website, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Whitetail Master Academy service.
Whitetail Master Academy is provided by Whitetail Master Academy, LLC, or one of its affiliated companies.
Changes to Terms of Use. Whitetail Master Academy may, from time to time, change these Terms of Use, including the Privacy Policy, EULA, and Social Terms. Such revisions shall be effective immediately; provided, however, for existing members, such revisions shall, unless otherwise stated, be effective thirty (30) days after posting. Your continued use of our services following the posting of the revised Terms of Use means that you accept and agree to the changes.
Privacy. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
Communication Preferences. By using Whitetail Master Academy, you consent to receive electronic communications from Whitetail Master Academy relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on Whitetail Master Academy, or on the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails, and other transactional information) and are part of your relationship with Whitetail Master Academy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, such as newsletters about new Whitetail Master Academy features and content, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “Email preferences” link on the “Your Account” page of our website (whitetailmasteracademy.com) to manage your Whitetail Master Academy communications. Please review our Privacy Policy for further detail on our marketing communications.
Membership Subscriptions, Billing, Cancellation, and Money Back Guarantee.
Membership Subscription Tiers. Whitetail Master Academy offers multiple memberships tiers that allow for varying levels of access to Whitetail Master Academy. For purchases made on whitetailmasteracademy.com, Whitetail Master Academy discloses access restrictions to different tiers via our website. In addition to the disclosure of access prior to purchase, you can also view the courses and features you have access to under your “dashboard” of our website.
Annual Memberships. Your Whitetail Master Academy annual membership is for 365 days from the date of sign-up (“Annual Term”). Upon the expiration of each annual term, the annual membership shall automatically renew for another annual period unless you cancel your membership or we are required to terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time), to use the Whitetail Master Academy service. We will bill each annual membership fee to your Payment Method at the beginning of each Annual Renewal Term with the first membership fee payment occurring upon the date of sign-up or after any applicable free-trial period. To avoid a charge to your Payment Method for a Monthly Renewal Term, you must cancel your membership before the existing term ends.
You may not receive a notice from us that your annual membership is up for renewal prior to your renewal date. It is your responsibility to cancel your membership before your renewal if you wish to cancel. ONCE LOGGED IN, CLICK THE “MY ACCOUNT” LINK ON YOUR DASHBOARD WEB PAGE TO FIND THE CANCELLATION BUTTON. We will continue to bill your Payment Method on an annual basis per the terms of your current subscription for your membership fee until you cancel.
Billing, Refunds, Cancelations, and Money Back Guarantee
Recurring Billing. By starting your Whitetail Master Academy membership and providing or designating a Payment Method, you authorize us to charge you the membership fee at the current rate, and any other charges you may incur in connection with your use of the Whitetail Master Academy service to your Payment Method. Membership Fees are fully earned upon payment.
Price Changes. We reserve the right to adjust our Annual Membership Fee in any manner and at any time as we may determine in our sole and absolute discretion that shall be communicated to you before the next Annual Renewal Term and shall take effect during the such subsequent term. Promotional membership offers in which a reduced rate or free merchandise is included with a membership may only be applicable to your first Membership Fee payment and does not affect the Membership Fee for any renewal period, which shall renew at the then current Membership Fee absent any reduced rates or free merchandise.
Refunds. MEMBERSHIP FEE PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following the cancellation of an Annual Membership, NO REFUNDS WILL BE ISSUED, however, you will continue to have access to the service through the end of your membership term.
Cancellation. You may cancel your Whitetail Master Academy membership at any time, and you will continue to have access to the Whitetail Master Academy service through the end of your Membership Term. You will not receive a notice from us about the automatic renewal date of your membership term. CLICK THE “MY ACCOUNT” LINK AT THE BOTTOM OF YOUR DASHBOARD PAGE AFTER LOGGING IN TO THE WEBSITE AND FIND THE CANCELLATION BUTTON. We will continue to bill your Payment Method until you cancel provided that all outstanding membership fees have been paid in full. If there are any outstanding membership fees at the time you cancel, then we will continue to bill your payment method for such fees.
Money Back Guarantee. Due to the nature of the product sold, Whitetail Master Academy does not offer a refund or a Money Back Guarantee.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “My Account” link on the Whitetail Master Academy website once logged in. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see Cancellation below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Whitetail Master Academy Service.
You must be 18 years of age, or the age of majority in your province, territory, or country, to become a member of Whitetail Master Academy. Individuals under the age of 18, or the applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms of Use. By using or accessing our services you represent that you are 18 years or older or that you are of legal age to form a binding contract with Whitetail Master Academy and meet the eligibility requirements. If you are under the age of 18 years old, your parent or legal guardian shall enter into the binding contract with Whitetail Master Academy on your behalf.
The Whitetail Master Academy website, whitetailmasteracademy.com (“Website”), and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Whitetail Master Academy and any content viewed through our service are for your personal and non-commercial use only. During your Whitetail Master Academy membership, we grant you a limited, non-exclusive, non-transferable, license to access the Whitetail Master Academy service and view online content through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view online material through the Whitetail Master Academy service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such courses. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information on the “My Account” page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
We continually update the Whitetail Master Academy service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of courses, delivery, and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You agree to use the Whitetail Master Academy service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through Whitetail Master Academy, without express written permission from Whitetail Master Academy and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Whitetail Master Academy service; use any robot, spider, scraper, or other automated means to access Whitetail Master Academy; decompile, reverse engineer or disassemble any software or other products or processes accessible through Whitetail Master Academy; insert any code or product or manipulate the content of Whitetail Master Academy in any way; use any data mining, data gathering or extraction method and attempt to interfere with the proper working of the Website and Whitetail Master Academy services. You also agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment associated with Whitetail Master Academy, including any software viruses or any other computer code, files or programs. In addition, you agree not to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
The availability of material to watch will change from time to time, and from country to country. The quality of the display of the courses may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through, and/or the speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as a resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Whitetail Master Academy makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a course will vary based on a number of factors, including your location, available bandwidth at the time, and the courses you have selected.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use; or (ii) engaged in an illegal or improper use of the service.
Passwords & Account Access.
The member who created the Whitetail Master Academy account and whose Payment Method is charged is referred to here as the “Account Owner.” The Account Owner has access and control over the Whitetail Master Academy account. The Account Owner’s control is exercised through the use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner must treat such information as confidential, and the Account Owner must not disclose it to any other person or entity. The Account Owner agrees to notify Whitetail Master Academy immediately of any unauthorized access to or use of your user name or password or any other breach of security. In addition, if the Account Owner wishes to prohibit others from contacting Whitetail Master Academy Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., the last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. All the information you provide as the Account Owner is correct, current, and complete and the Account Owner is responsible for updating and maintaining the correctness, currentness, and completeness of such information.
In order to provide you with ease of access to your account and to help administer the Whitetail Master Academy service, Whitetail Master Academy implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Whitetail Master Academy, which includes access via the Website.
It would be best if you were mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Whitetail Master Academy reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Whitetail Master Academy is not obligated to credit or discount a membership for holds placed on the account by either a representative of Whitetail Master Academy or by the automated processes of Whitetail Master Academy.
User Contributions.
The services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Whitetail Master Academy, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement of User Contributions; Termination.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Whitetail Master Academy.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS Whitetail Master Academy AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake a review of material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Content Standards.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Disclaimers of Warranties and Limitations on Liability.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Whitetail Master Academy, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
Intellectual Property.
Copyright. The Whitetail Master Academy service, including all content provided on the Website, is protected by copyright, trade secret, or other intellectual property laws and treaties.
Trademarks. Whitetail Master Academy is a registered trademark of Whitetail Master Academy, Inc. The Whitetail Master Academy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Whitetail Master Academy, its affiliates, subsidiaries, or licensors. You must not use such marks without the prior written permission of Whitetail Master Academy.
Reporting Claims of Copyright Infringement.
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Bruce Carroll info@whitetailmasteracademy.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures. If you believe that the material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:
Bruce Carroll at info@whitetailmasteracademy.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Governing Law.
For all other Whitetail Master Academy members, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to conflict of law provisions.
You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Whitetail Master Academy service. These Applications may import data related to your Whitetail Master Academy account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Whitetail Master Academy is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Whitetail Master Academy AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted. Whitetail Master Academy is free to use any comments, information, ideas, concepts, reviews, techniques, or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Whitetail Master Academy service, including the Website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Whitetail Master Academy service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note Whitetail Master Academy does not accept unsolicited materials or ideas for classes or training and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Whitetail Master Academy. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Whitetail Master Academy and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.
Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit Whitetail Master Academy Member Support on your dashboard page under my account. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
Arbitration Agreement.
If you are a Whitetail Master Academy member in the United States (including its possessions and territories), you and Whitetail Master Academy agree that any dispute, claim or controversy arising out of or relating in any way to the Whitetail Master Academy service, these Terms of Use and this Arbitration Agreement and the validity thereof shall be determined by binding arbitration before the American Arbitration Association or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Whitetail Master Academy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive the termination of this Agreement and the termination of your Whitetail Master Academy membership.
If you elect to seek arbitration or file a small claims court action, you must first send to Whitetail Master Academy, by certified mail, a written notice of your claim (“Notice”). The Notice to Whitetail Master Academy must be addressed to: Whitetail Master Academy, LLC, Inc., PO Box 164 Deerfield, Ohio 44411 (“Notice Address”). If Whitetail Master Academy initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Whitetail Master Academy, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Whitetail Master Academy and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Whitetail Master Academy may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Whitetail Master Academy receives notice at the Notice Address that you have commenced arbitration, Whitetail Master Academy will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Whitetail Master Academy and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Whitetail Master Academy’s last written settlement offer made before an arbitrator was selected (or if Whitetail Master Academy did not make a settlement offer before an arbitrator was selected), then Whitetail Master Academy will pay you the amount of the award or US$1,000, whichever is greater.
Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
YOU AND Whitetail Master Academy AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator shall not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Indemnification. You agree to defend, indemnify and hold harmless Whitetail Master Academy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Entire Agreement. The Terms of Use, our Privacy Policy, and Terms of Sale, constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
Testimonials.
By submitting a testimonial to Whitetail Master Academy via our forms, video, social media accounts, comment boxes, or electronic or print communication you hereby grant Whitetail Master Academy, its affiliates and related entities the right to use your name, image, and quote, or any portion thereof, that you have provided to Whitetail Master Academy in connection with any marketing or branding by or on behalf of Whitetail Master Academy and its affiliates. You have full power and authority to grant the rights stated above. Whitetail Master Academy is not responsible for the content or the accuracy of such information.
You further agree that we may edit the length of your testimonial and publish edited or partial versions of the testimonial. However, we will never edit a testimonial in such a way as to create a misleading impression of your views. You may terminate this license by giving to us 30 days written notice of termination Notices of Termination should be sent to:
Bruce Carroll at info@whitetailmasteracademy.com
