TERMS OF USE

The use of the pages on this website is dependent on your agreement to the following terms and conditions. If you do not agree to these terms and conditions, you should not use this website. Your use of this website constitutes your acceptance of the following Usage Agreement.

Be sure to check this page periodically for updates, as your continued use of the website signifies your acceptance of any changed items. If any change is unacceptable to you, your only recourse is to terminate your use of the website.

Material from www.bahamabucksfranchising.com and any other World Wide Web site owned, operated, licensed, or controlled by Bahama Buck’s Franchise Corporation (“Bahama Buck’s”) may not be copied or distributed or republished, uploaded, posted, publicly displayed, transmitted, or otherwise used outside the scope of normal Web browsing without the prior written consent of the Bahama Buck’s. EXCEPT: If you are a Bahama Buck’s Franchisee, one copy of any pertinent documents to the operation of your shop, may be downloaded on a computer or diskette for use within the scope of your operation of a Bahama Buck’s Shop only as provided for in your Franchise Agreement, provided that you do not alter or delete any service marks, trademarks, trade names, logos, or other proprietary rights and interests. Any proprietary information remains the sole property of Bahama Buck’s, and may not be distributed outside the scope of your operation of a Bahama Buck’s Shop. The material on this website is provided for lawful purposes only and any other use or modification of the materials found on this website violates the intellectual property rights of Bahama Buck’s Franchise Corporation. Any material which is downloaded from our website, including but not limited to files, data, and images, will be deemed to be licensed to you by Bahama Buck’s Franchise Corporation. Bahama Buck’s retains the full and complete title and intellectual property rights to all materials. You may not reproduce, sell, repost, modify, or convert any materials in this website in any manner inconsistent with these terms and conditions.

Nothing communicated in these web pages should be construed as an offer to sell a Bahama Buck’s franchise to residents of any jurisdiction which requires registration of the franchise before it is offered or sold in that jurisdiction. These web page communications are not directed to residents of any jurisdiction which requires such registration. No Bahama Buck’s franchises will be offered or sold to any resident of any such jurisdiction until either the franchise has been exempted from registration or duly registered and declared effective in the jurisdiction, and an Offering Circular has been delivered to the prospective franchisee before the sale in compliance with applicable law.

Unless otherwise noted, all materials on this website are protected as the copyrights, trade dress, trademarks, and/or other intellectual properties owned by Bahama Buck’s Franchise Corporation and/or its subsidiaries and affiliates or by other parties that have licensed their material to Bahama Buck’s.

There are a number of proprietary logos, service marks, trademarks, slogans, and product designations (“Marks”) found on this website. By making them available on this website, Bahama Buck’s is not granting you a license to use them in any fashion. Access to this website does not confer upon you any license under any of Bahama Buck’s or any third party’s intellectual property rights. Use of Bahama Buck’s proprietary logos, service marks, trademarks, slogans, and product designations found on this website by users is restricted as set forth in the Terms of Use. A Franchise Agreement with the Franchisee governs the use of the Content and the Marks by Franchisees.

Bahama Buck’s marks on this website represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Bahama Buck’s or under license to Bahama Buck’s. The display of these marks and notices associated with these marks is not intended to be a comprehensive compilation of all Bahama Buck’s worldwide proprietary ownership rights, and Bahama Buck’s may own or control other proprietary rights in one or more countries outside of the United States.

BAHAMA BUCK’S®, BAHAMA BUCK’S® Logo and Designs, SNOBLAST®, PARADISE FRUIT® are all registered trademarks, pending applications, and/or common law marks of Bahama Buck’s Franchise Corporation in the United States.

No Bahama Buck’s trademark or service mark may be used as a hyperlink without Bahama Buck’s Franchise Corporation’s prior written permission. You may not use the Bahama Buck’s website for any purpose that is unlawful or prohibited by this agreement or cause damage on or through the Bahama Buck’s Franchising website.

We appreciate your comments, remarks, pictures/images, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications and submissions you disclose or transmit to us (collectively, “Submissions”). So long as no personally identifiable information is disclosed, Bahama Buck’s is free to use the submissions for any purpose whatsoever. By making a submission, you grant Bahama Buck’s and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your submissions and any related copyrights, moral rights or other intellectual property rights therein. Any such use is without compensation to you. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that Bahama Buck’s use of the Submission will not violate any third party’s rights. Bahama Buck’s is under no obligation to use the information submitted.

You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

You are solely responsible for the content and context of any materials you post or submit through the website. You warrant and agree that while using the website, you shall not upload, post, transmit, distribute, or otherwise publish through the website any materials which: (a) are unlawful, threatening, harassing, or profane; (b) restrict or inhibit any other user from using or enjoying the website; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You may find that it is possible to “hot-link” from other websites to this website, which is the official Bahama Buck’s Franchise Corporation Website. We cannot determine the content of those websites and do not know whether the statements made in those websites are true or false, even if someone from our company occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on those websites and cannot vouch for the data, opinions, advice, or statements made there. Even if we visit those websites, we cannot be responsible for updating or correcting false or misleading information on any third-party website. Further, we are not responsible for the goods or services that may be offered on other websites.

All products displayed on this website will be delivered only within the United States. All prices displayed on the website are quoted in U.S. Dollars and are valid and effective only in the United States. Bahama Buck’s reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations.

Bahama Buck’s reserves the right, for any reason, in its sole discretion, to terminate, change, or suspend any aspect of the website including but not limited to content, features, or hours of availability. Bahama Buck’s may impose limits on certain features of the website or restrict your access to part or all of the website without notice or penalty.

The Bahama Buck’s mobile message service (the “Service”) is operated by Bahama Buck’s Franchise Corporation (“Bahama Buck’s”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Bahama Buck’s via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 86-722 to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Bahama Buck’s mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 86-722 or call 1 (888) 382-8257.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

The Bahama Buck’s mobile message service (the “Service”) is operated by Bahama Buck’s Franchise Corporation (“Bahama Buck’s”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Bahama Buck’s via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 86-722 to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Bahama Buck’s mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 86-722 or call 1 (888) 382-8257.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

For an explanation of our online information practices with regards to information collected or submitted to the website and the Surf Club Rewards program, please see our Privacy Policy.

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR PRODUCTS, ALL CONTENTS OF THE WEBSITE ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. BAHAMA BUCK’S FRANCHISE CORPORATION MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BAHAMA BUCK’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT BAHAMA BUCK’S ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS WEBSITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT BAHAMA BUCK’S. BAHAMA BUCK’S UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS WEBSITE. INFORMATION PUBLISHED AT THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE SECTION OF THE WEBSITE FOR PROSPECTIVE FRANCHISEES IS NOT AN OFFER TO SELL A FRANCHISE. SUCH OFFERS CAN ONLY BE MADE THROUGH THE DELIVERY OF A UNIFORM FRANCHISE OFFERING CIRCULAR (UFOC). FILING OF AN APPLICATION FOR REGISTRATION IN A PARTICULAR STATE DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION, OR ENDORSEMENT BY ANY STATE REGULATORY AGENCY NOR A FINDING THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE, AND NOT MISLEADING.

UNDER NO CIRCUMSTANCES SHALL BAHAMA BUCK’S FRANCHISE CORPORATION, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS IN THIS WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. BAHAMA BUCK’S SHALL NOT BE LIABLE EVEN IF BAHAMA BUCK’S OR A BAHAMA BUCK’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. APPLICABLE LAW MAY 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, BAHAMA BUCK’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Certain products or services offered by this website and certain areas within this website may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

Bahama Buck’s controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those Bahama Buck’s products that are sold by Bahama Buck’s in the United States and its territories, and Bahama Buck’s makes no representation that materials in this Website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.

No failure on the part of Bahama Buck’s Franchise Corporation to enforce any part of these Terms of Use shall constitute a waiver of any of Bahama Buck’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Bahama Buck’s nor the reliance of any person on Bahama Buck’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Bahama Buck’s shall have any legal effect whatsoever.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct, or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Texas. By using this website, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of Texas. In addition, you hereby accept and submit to the personal jurisdiction of these Texas courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.