Prior to July 21st, 2020
using the https://buckrail.com website (the “Service”) operated by TMBR, LLC (“Buckrail” or “Jackson Hole Buckrail”).
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users, and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
If you wish to purchase any product or service made available through the
Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
the expiration date of your credit card, your billing address, and your shipping
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The Service may employ the use of third-party services for the purpose of
facilitating payment, confirmation, and completion of Purchases. By submitting your
information, you grant Buckrail the right to provide the information to these third
Buckrail reserves the right to refuse or cancel your order at any time for reasons
including but not limited to product or service availability, errors in the
description or price of the product or service, error in your order, or other
reasons in Buckrail’s sole discretion.
Buckrail reserves the right to refuse or cancel your order if fraud or an
the unauthorized or illegal transaction is suspected.
2. Availability, Errors, and Inaccuracies
Buckrail is constantly updating product and service offerings on the Service. Bucrkail may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and Buckrail does not and cannot guarantee the accuracy or completeness of any information found on the Service.
Buckrail, therefore, reserves the right to change or update information and to correct
errors, inaccuracies, or omissions at any time and without prior notice.
3. Contests, Sweepstakes, and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotion”)
made available through the Service may be governed by rules that are separate
from these Terms & Conditions. If you participate in any Promotion,
4. Intellectual Property
The Service and its original content, features, and functionality are and will
remain the exclusive property of Teton Digital Media, LLC and its licensors or licensees. The Service
is protected by copyright, trademark, and other laws of both the United States
and foreign countries. Our trademarks and trade dress may not be used in
connection with any other product or service without the prior written consent of
Teton Digital Media, LLC. The Service and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without Buckrail’s prior written authorization, except that you may download, display, and print a copy of the displayed Service materials on a single, personal, non-commercial use computer. You must retain all Buckrail copyright, trademark, or patent notices, and any other proprietary notices, contained in or on the materials.
5. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by Buckrail.
Buckrail has no control over and assumes no responsibility for the
content, privacy policies, or practices of any third-party web sites or
services. Buckrail does not warrant the offerings of any of these entities/individuals
or their websites.
You acknowledge and agree that Buckrail shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such third-party web sites or
Buckrail strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
6. User Conduct
You agree to not use the Service to:
• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind, including religious, political, or recruiting messages;
• post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, article, blog, or forum topic;
• threaten violence against anyone else or advocate harming yourself;
• “stalk” or otherwise harass another user of the Service;
• impersonate any person or entity, including, but not limited to, a Buckrail representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• upload, post, email, transmit or otherwise make available any content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
• upload, post, email, transmit or otherwise make available 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 or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• access, tamper with, or use non-public areas of the Service, Buckrail’s computer systems, or the technical delivery systems of Buckrail’s providers;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
• intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
• collect or store Personal Information about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You further agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. Copyright Notice Policy
Buckrail respects the intellectual property rights of others and expects users of the Service to do the same. Buckrail complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. Buckrail will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to Buckrail (as provided below). If you believe that any content has been copied or used in a way that constitutes copyright infringement, please provide Buckrail with the following information:
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Buckrail to locate the material (such as a url);
• your contact information, including your address, telephone number, and an email address;
• a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Buckrail reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Buckrail may also terminate a user’s account or access to the Service if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Teton Digital Media, LLC
PO Box 7445
Jackson, WY 83002
Buckrail may terminate or suspend your access to the Service immediately, without
prior notice or liability, under our sole discretion, for any reason
whatsoever and without limitation, including but not limited to a breach of
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify and hold harmless Buckrail and its licensee
and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees), resulting from or arising out of a) your use and access of
the Service, or b) a breach of these Terms.
10. Limitation Of Liability
In no event shall Buckrail nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation, loss
of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Service; (ii)
any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an
“AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
Buckrail its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components, or d) the results
of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of
the State of Wyoming, United States, without regard to its conflict of law provisions.
Buckrail’s failure to or election to not enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
between us regarding our Service, and supersede and replace any prior
agreements we might have had regarding the Service.
Buckrail reserves the right, at our sole discretion, to modify or replace these Terms
at any time.
If Buckrail makes any material changes to these Terms, Buckrail will notify you
either through the email address, you have provided us, or by placing a
prominent notice on our website.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised Terms. If you do not agree to
the new Terms, you are no longer authorized to use the Service.
15. Contact Us