Effective Date: JAN, 2024
These Terms of Use (“Terms of Use” or “Terms”) and our Privacy Policy (collectively, the “Agreement”), govern your access and use of the Cody Jinks website ( https://codyjinks.com/ ) and any other services or platforms made available by Cody Jinks LLC from time to time (collectively, the “Site”). The Site is owned and operated by Cody Jinks LLC (“Company,” “we,” “us,” or “our”).
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE A JURY TRIAL WAIVER AND CLASS ACTION WAIVER.
By using the Site or accepting these Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use the Site.
To use the Site, you represent and warrant that you are at least 18 years of age, or the age of majority in the territory where you reside. You may not use the Site for any illegal or unauthorized purpose nor may you, in your use of the Site, violate any laws or any person or entity’s rights (including but not limited to copyright laws and rights of publicity).
Our Privacy Policy explains what information may be collected through the Site, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities.
The Site is owned and operated by Cody Jinks LLC. By using the Site, you agree that all content, trademarks, and other proprietary materials and/or information on the Site, including, without limitation, our logos, visual interfaces, graphics, design, specifications, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, the “Our Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and the Company (and/or third-party licensors), the Company owns and retains all rights, title, and interest in the Our Content and the Site.
All trademarks, logos, and service marks (collectively, the “Site Marks”) are the exclusive property of the Company (and/or third-party licensors) or other third parties. Nothing in these Terms grants you a license to use any of the Site Marks or any of the Company trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Site for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Site and/or the Our Content or any Site Marks by accessing or otherwise using the Site. The license granted to you herein may be terminated by the Company at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by the Company.
You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Our Content. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Our Content displayed on the Site, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of Our Content without the written permission of the Company or such third party that may own any Site Marks displayed on the Site.
You are solely responsible and liable for content you upload onto the Site or while otherwise using the Site (“Your Content”).
To the furthest extent permitted by applicable law, you hereby agree that the Company shall not be liable for any unauthorized copying, use, or distribution of Your Content by other Site users or third parties, and you release and forever waive any claims you may have against the Company for any such unauthorized copying, distribution, or usage of Your Content, under any theory.
If you submit, transmit, display, perform, post, or store Your Content through the Site, you grant the Company, and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content (and derivative works thereof) on the Site. Should Your Content contain the name, identity, likeness, or other biographical information of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that the Company and its sub-licensees are allowed to use them to the extent indicated in these Terms.
You are solely responsible for Your Content and the consequences of uploading, posting or publishing it on the Sire. You represent and warrant that: (a) you are the creator or own or control all right in and to the Your Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) Your Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) defame any other person; (c) Your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (d) unless you have received prior written authorization, Your Content specifically does not contain any confidential information of the Company or third parties. The Company reserves all rights and remedies against any users who breach these representations and warranties.
We have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act ( “DMCA”). If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Notice of claims of copyright infringement should be provided to our Copyright Agent via email to [email protected], by phone to 713-206-9796 or via mail to the following address:
Pete Frostic
c/o Cody Jinks LLC
PO BOX 6009
BOZEMAN, MT 59771
When you use the Site, you acknowledge and agree that:
We reserve the right to refuse access to the Site to you, for any reason at any time, at our sole discretion.
The Site may offer you the opportunity to “Get In Line” when you provide certain information to us. In exchange, we will notify you about things like early access to purchase tickets, and information about upcoming events. Please note that signing up for “Get In Line” does not guarantee early access to events or the ability to purchase tickets, but we will use reasonable efforts to offer you the ability to purchase tickets prior to the general on-sale of a show through “Get In Line.” Access and availability to “Get In Line” is at our discretion, and we reserve the right to withdraw or amend the “Get In Line” service on the Site, with or without notice. Repeated attempts to sign up for duplicate offers from the same phone number, email, or IP address on the same event will be flagged and user will be removed from the line. We will not be liable if for any reason the “Get In Line” service or our Site is unavailable at any time.
THE SITE AND ANY ASSOCIATED SERVICE OR FEATURE (INCLUDING BUT NOT LIMITED TO, THE “GET IN LINE” FEATURE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSEES (THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ITS ASSOCIATED SERVICES OR FEATURES: (A) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) WILL MEET YOUR REQUIREMENTS; OR THAT: (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ITS ASSOCIATED SERVICES OR FEATURES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE PRODUCTS, SERVICES, FEATURES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (E) YOUR INFORMATION CREATED OR TRANSMITTED THROUGH THE SITE (INCLUDING THROUGH ANY AVAILABLE SERVICES OR FEATURES) IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (F) ANY ERRORS WILL BE CORRECTED.
THE COMPANY PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE SITE OR ANY ASSOCIATED SERVICES OR FEATURES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE OR ANY ASSOCIATED SERVICES OR FEATURES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SITE’S OPERATION; OR (F) ANY DAMAGE TO ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE, IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE COMPANY PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You agree to defend, indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected to your use or misuse of the Site or with any of the following (including as a result of your direct activities on the Site (including any services or features) or those conducted on your behalf): (a) your breach or alleged breach of these Terms of Use; (b) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) your breach or alleged breach of the representation and warranties set forth in these Terms of Use. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Company.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
The Site may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Site, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of the Company, and may be “open” applications for which no recourse is possible. The Company is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. The Company may provide links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
All notices to Cody Jinks LLC shall be in writing to either the mailing or e-mail address listed below and will be deemed given on the date received. Notices to you may be sent to the e-mail we have on file or mailing address supplied by you.
PO BOX 6009
BOZEMAN, MT 59771
[email protected]
Governing Law & Venue. These Terms of Use are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. All claims arising out of or relating to this Agreement, to the Site, or to your relationship with Cody Jinks LLC will be litigated exclusively in the federal or state courts of Montague, TX. You and Cody Jinks LLC consent to the exercise of personal jurisdiction of courts in the State of New York and waive any claim that such courts constitute an inconvenient forum.
Additional Terms. Additional terms and conditions may apply to specific features or your use of certain portions of the Site. These additional terms also are legally binding.
No Waiver. Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of the Company. No failure or delay by the Company in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. This provision will survive the termination of any and all of your transactions with the Company.
Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
Assignment. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
Entire Agreement. This Agreement (which includes these Terms of Use, our Privacy Policy and any other Company terms that govern your use of the Site), constitutes the entire agreement between you and Cody Jinks LLC.
We may revise and update these Terms, and any portion of the Site from time to time, in our sole discretion. Notice of any material change will be posted on this page with an updated effective date. All changes are effective immediately upon posting by us and such changes shall apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
If you have any questions or concerns about our Privacy Policy or its implementation please contact us via email at [email protected].