Use of the Site
The Site is the property of Musket and/or its licensors and contractors. You are granted a non-exclusive, non-transferable limited license to view the Site and to print off copies of any or all of the pages of the Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Without the express written consent of Musket, you are not allowed (i) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Site; (ii) to reproduce any part of the Site or mirror any material contained on the Site on any other server; or (iii) to link to or from the Site.
Musket reserves the right, at its discretion, to refuse access to the Site or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.
Prohibited Use of the Site
As an express condition of your use of the Site, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement. Also, you agree not to use the Site in any way that could damage, disable, overburden, or impair the Site, or interfere with others’ use of it. Furthermore, you agree not to attempt to gain access to Musket computer systems or networks connected to Musket through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Site.
Product and Service Representation
The Site may contain information related to the products and services provided by Musket. Musket makes no warranties or guarantees that such information is accurate or that each service or product will produce anticipated results or be available at a specific time or at every location.
User ID’s & Passwords
You are solely responsible for and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of Musket’s services through any methods, including unauthorized access through or to your user identification numbers or passwords (“Account ID’s”). Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of Account ID’s. You agree that Musket may suspend your access pending an investigation of the use or access of your Account ID’s. You agree to cooperate fully with any and all investigations.
Links to Other Websites
There are trademarks, service marks, trade names and trade dress on the Site owned by Musket. You may not use any Musket trademarks, service marks, trade names or trade dress without the express written permission of Musket.
Musket may use trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Site from time to time. Such posting is done with the permission of these third parties, and such materials are to be considered the exclusive property of the respective third parties.
All software and content included on the Site, including all text, graphics, logos and images, is owned by Musket or third parties and is protected by United States and international copyright laws. You may view and use the content of the Site in connection with your use of the Site. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Site is strictly prohibited, except as otherwise specifically set forth herein. You do not acquire ownership rights to any content or other materials viewed on or through the Site. The posting of information or materials on the Site does not constitute a waiver of any rights therein.
THE SITE IS PROVIDED BY MUSKET ON AN “AS IS” BASIS. VISITORS TO THE SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. MUSKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SITE. TO THE FULL EXTENT PERMITTED BY LAW, MUSKET, ITS officers, directors, employees, agents, licensors and suppliers DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. MUSKET MAKES NO WARRANTIES THAT USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
MUSKET WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER ACTUAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE, THE UNAVAILABILITY OF THE SITE, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF MUSKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE SITE.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MUSKET. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSKET THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Musket may amend this Agreement from time to time without specific notice to you. Any modifications to this Agreement will be effective immediately upon posting on the Site. It is your responsibility to review the Agreement each time you use the Site so that you are aware of any modifications made. Usage of the Site means you accept the then current form of the Agreement. For your convenience and future reference, the date of the version of this Agreement is listed below. By continuing to visit and use the Site following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement.
You expressly agree that exclusive jurisdiction of any dispute with Musket, or in any way relating to your use of the Site, resides in the federal or state courts located in Oklahoma County, State of Oklahoma and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Musket or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement shall be governed and construed by the laws of the State of Oklahoma, without respect to its conflict of laws principles.
This Agreement constitutes the entire agreement between you and Musket, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Site, the content, products, or services provided by or through the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
If you have any comments or questions regarding the Site or any of the terms of this Agreement, please contact us at firstname.lastname@example.org or by any of the ways listed on the Site’s Contact Us webpage.
JANUARY 14, 2010
Our Commitment to Privacy
The Types of Information We Collect & The Ways We Use Information
1. Aggregate Information. The Site automatically collects the IP address, but not the email address, of all visitors to our Site. The Site also tracks the pages within our Site that you view, the date and time you view those pages and various other Site statistics. This information does not identify you personally. We use this information to help us evaluate visitor traffic patterns and improve our Site by making it more responsive to the needs of visitors.
2. Personal Information. We collect personal information such as your name, address, telephone number, email address, social security number, date of birth (where permitted by law) and other information, in connection with services and products available or described on the Site when you choose to provide such information. For example, we collect such information in connection with our credit application process and our Contact Us webpage. See the section entitled “Links to Other Websites” below for more information regarding your privacy on third party links posted to our Site.
By providing personal information into any of the above areas, you grant us permission to use such information for our business purposes including, without limitation, contacting you regarding product offers, and you grant us permission to securely transmit your personal information to third parties to fulfill our business purposes. Further, we may contact you about selected products, companies and events that we think may interest you or to contact you regarding your requests, questions, comments or other information you have provided through the Site. If you later decide you do not want your information to be used in these ways, please let us know through the opt-out procedures described below.
By providing the personal information of a person other than yourself or that of an entity into any of the above areas, you are solely responsible for obtaining from such person or entity any and all required rights, releases, consents, clearances, licenses, and other authorizations necessary to exploit and otherwise use their information (the “Clearances”). By submitting such information, you represent and warrant to Musket that all required Clearances have been obtained and Musket is entitled to rely on the same.
3. Cookies. We maytrack your visit to our Site by giving you HTML “cookies” when you enter. Cookies are pieces of information that websites transfer to your computer’s hard drive or shares with your computer’s temporary memory for record-keeping purposes. Our cookies do not store personal information. Cookies allow us to save preferences for you to make visiting our Site easier. Cookies also help us to collect anonymous click-stream data for tracking visitor trends and patterns. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand that certain areas of our Site may not function properly if you set your browser not to accept cookies.
How We Disclose Information We Collect
How We Protect Your Information
1. Information Security. Musket does not warrant the security of your information. However, we utilize encryption and/or security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.
2. Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of information.
3. Employee Access to Your Information. In general, our business practices limit employee access to personal information, and limit the use and disclosure of such information to authorized persons, processes and transactions.
We are sensitive to the need to protect the privacy of children who use the Internet. We therefore do not knowingly collect personal information from children under the age of thirteen (13) consistent with the Children’s Online Privacy Protection Act. If we become aware that a child under the age of thirteen (13) has provided personal information to us through our Site, we will delete it from our files. If you are under the age of thirteen (13), please do not attempt to provide any personal information on our Site. If you are a parent or legal guardian of someone under the age of thirteen (13) whom you believe has submitted personal information to us, please contact us at email@example.com we will take appropriate steps to remove such information from our files.
Electronic messaging is subject to Electronic Messaging Disclaimer published by one of our affiliates, Love’s Travel Stops & Country Stores, Inc. Click here to review the disclaimer. Musket
routinely retains electronic messages and uses encryption/security software, but Musket cannot completely ensure the security and privacy of electronic messaging communications to and from Musket
. These communications could be intercepted without your knowledge and permission. If you are concerned about your privacy, we suggest that you do not use electronic messaging to provide information to us that you consider sensitive or confidential.
Release and Limitations
By using the Site you release Musket from and agree that Musket is not responsible for: (i) any disclosure of personal information made by you to a third party through your use of the Site; (ii) any disclosure of personal information obtained illegally from us; or (iii) any accidental disclosure of personal information made by us.
Privacy Policies of Other Websites
How to Contact Us
JANUARY 14, 2010