Terms Of Use

Last modified: November 4, 2011

Click here for Merchant Account Terms and Conditions

Subscriber/Purchaser Terms and Conditions

Welcome to SodBuster! In order to use our website and our services (collectively, the "Site"), you must agree to these Terms of Use. These Terms of Use contain legal terms, including terms of sale that apply when you buy something through the Site and other terms that specify permissible uses of the Site. SodBuster LLC ("SodBuster" or "us" or "our") operates the Site. By using the Site, you ("you" or, "End User") agree to these Terms of Use, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH THE SITE.

1. Permitted Uses

The Site provides an interactive online service operated by SodBuster, consisting primarily of promotion and marketing services on behalf of certain merchants ("Merchants") making vouchers for Merchant goods and services ("vouchers") available to its users. Vouchers may be purchased by SodBuster account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of the Site, you agree that:

You are at least 18 years of age and possess the authority to create a binding legal obligation;
Your use of the Site will at all times comply with the terms of this Agreement;
If you elect to create an account:
- You may create only one account for your personal use;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow access to it.
You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.

2. Availability of the Site

You acknowledge there may be interruptions in the Site beyond our control. The Site may be unavailable from time to time for any reason, whether for maintenance or otherwise. SodBuster retains the right at our sole discretion to deny service or access to the Site to anyone, at any time and for any reason.

3. Ownership of the Site

The information on the Site is proprietary to us, our Merchants, and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained through the Site.

4. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site, we cannot be, and are not responsible for, the security of information you communicate with SodBuster and the Site while it is being transmitted. Likewise, SodBuster is not responsible for any data lost during transmission.

5. Your Conduct on our Site

All interactions on the Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies. In addition to the above, DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, as such are prohibited on the Site and constitute express violations of this Agreement:

Submitting any purposely inaccurate information, committing fraud or falsifying information in any way (including but not limited to creating multiple accounts);
Attempting to or engaging in any malicious activity that could harm, annoy, or harass in any way the Site, any End User, or any Merchant;
Accessing, monitoring or copying any content or information from the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
Hyperlinking to the Site (including, without limitation, the purchase path for any voucher) from any other website without our express written consent.

6. Creating an Account on our Site

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

7. Terms of Sale

Vouchers you purchase through the Site are special promotional offers from participating Merchants. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You hereby waive and release SodBuster and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant or arising from your use of a voucher or the services/goods it provides in connection with it. By purchasing any voucher you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any voucher, you agree to these Terms of Sale specifically ("rules") the terms on the voucher itself and any additional, deal specific terms advertising the voucher at the time of purchase (collectively, the "fine print" regardless of how labeled). These rules apply to all promotional vouchers that we make available, unless a particular voucher's fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher's fine print, the voucher's fine print will control. SodBuster is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have two separate values: (a) the "amount paid" and (b) the promotional value. The "promotional value" is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the "full offer value" of the voucher. For example, if you pay $20 for a voucher that gets you $50 of goods or services from a Merchant, the full offer value is $50, the amount paid is $20 (this amount does not expire until it is used or is refunded), and the promotional value is $30 (this amount expires on the date stated on the voucher unless expiration of the promotional value is prohibited by law). If a Merchant refuses to honor a voucher within the offer period set forth on a voucher, SodBuster will refund the amount paid upon request in the original form of payment, or will credit the SodBuster account of the purchaser with an equivalent number of SodBuster "Bucks" for future purchases on the Site. SodBuster Bucks do not expire. Vouchers are not redeemable for cash, unless required by law. The unauthorized reproduction, resale, modification or trade of vouchers is prohibited.

Additional terms applicable to traditional SodBuster vouchers. A "traditional SodBuster voucher" is any promotional voucher other than a ticket or a voucher redeemable for ticketed events (e.g., SodBusterLive and other live event vouchers) and promotional vouchers purchased through SodBuster Now! The promotional value of a traditional SodBuster voucher will EXPIRE on the date specified on the face of the voucher, unless prohibited by law. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional SodBuster voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional SodBuster vouchers are not reloadable and are fully transferrable.
Special terms for tickets, vouchers issued through SodBuster Live, or other voucher for ticketed events. A ticket or voucher redeemable for admission to a specific ticketed event and venue has no value once the event date and time have passed. Vouchers for live entertainment or other ticketed events are refundable only on the day of purchase unless the event is cancelled and not rescheduled by the venue or merchant. Vouchers for live entertainment or other ticketed events are sold exclusive of all taxes and additional fees unless otherwise noted and cannot be combined with other offers. Vouchers for live entertainment or other ticketed events do not include any applicable gratuity. Vouchers for live entertainment or other ticketed events are not eligible for upgrades and are not transferable. For more information visit our Site and read our FAQ or e-mail us.

8. SodBuster Bucks

"SodBuster Bucks" are a form of Site currency redeemable only toward future SodBuster purchases. SodBuster reserves the right to discontinue SodBuster Bucks or modify these terms. To accumulate and redeem SodBuster Bucks, you must create, and maintain in good standing, a SodBuster customer account registered with a valid credit card. SodBuster Bucks do not expire. Unless required by law, SodBuster Bucks are non-transferrable and are not redeemable for cash. SodBuster may credit SodBuster Bucks to your account for returns or refunded purchases or other reasons within our customer service team's discretion. SodBuster Bucks may also be purchased in various increments on SodBuster gift cards or promotional codes. SodBuster gift cards and promotional codes are governed by the terms and conditions disclosed on or distributed with the specific gift card or promotional code. You are responsible for ensuring that SodBuster Bucks you earn or are awarded as credits are added to your SodBuster account. SodBuster Bucks cannot be resold, combined, or merged with SodBuster Bucks in any other account registered to you or another End User. Access to SodBuster Bucks or related account information may not be sold or distributed to others. You may not use any other End User's password or account to accrue SodBuster Bucks for that account. Unauthorized or fraudulent use, resale, or distribution of SodBuster Bucks is prohibited. SodBuster reserves the right to cancel, revoke, or otherwise prevent the issuance of SodBuster Bucks in cases of mistake and in any suspected case of unauthorized or fraudulent use.

9. Modification of this Agreement

We reserve the right to discontinue or modify any part of the Site or this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site we will notify you by sending an e-mail to the email address registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that, these changes will not apply to vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users Site and for all vouchers purchased after the effective date of the change. Revisit our Terms of Use periodically to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

10. Copyright and Trademarks

Everything located on or in the Site is the exclusive property of SodBuster or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF SODBUSTER IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of SodBuster or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. SodBuster is a trademark of SodBuster, Inc. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with SodBuster shall not be deemed to be in the public domain but rather the exclusive property of SodBuster, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of SodBuster unless otherwise stated. You agree to not upload, post, or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. SodBuster does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, you warrant that the owner of such material has expressly granted SodBuster the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store, or reproduce the material for that End User's personal use. You also grant SodBuster the right to edit, copy, publish and distribute any material that you make available on the Site.

11. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

SodBuster reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights. If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide SodBuster with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for SodBuster's DMCA Agent for notice of claims of copyright infringement is: SodBuster, LLC

Attn: Copyright Agent
c/o SodBuster LLC
3633 E. 62nd Street
Indianapolis, IN 46220
USA

12. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SODBUSTER, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THE SITE. THE SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SODBUSTER HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

13. Limitation of Liability

IN NO EVENT SHALL SODBUSTER, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN ORTHESE TERMS OF USE. IN NO EVENT WILL SODBUSTER'S LIABILITY IN CONNECTION WITH A VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

14. End User Communications

SodBuster in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively "Communities"). SodBuster shall have the right, but not the obligation, to monitor the content within the Communities. Without limiting the foregoing, SodBuster shall have the right, but not the obligation, to remove any material from the Communities that SodBuster, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of SodBuster.

15. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

16. Public Nature of Your Statements

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of SodBuster's services) may read your Statements without your knowledge. Please do not include any personal information in your Statements. SodBuster does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

17. License Grant

By posting Statements or other information on or through the Communities, you grant SodBuster a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

18. Indemnification/Release

You agree to defend, indemnify and hold harmless SodBuster, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms. You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release SodBuster from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of SodBuster, and any conduct or speech, whether online or offline, of any other user.

19. Termination

SodBuster may terminate these Terms of Use at any time. Without limiting the foregoing, SodBuster shall have the right to immediately terminate or suspend any of your passwords or accounts in the event SodBuster considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

20. Choice of Law and Venue

The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation, and any other aspect of these Terms of Use, notwithstanding any state or other jurisdiction's choice of law provision to the contrary. Any proceeding to enforce, interpret, challenge the validity of or recover for the breach of any provision of these Terms of Use shall be filed exclusively in the state or federal courts located in Indianapolis, Indiana and the parties hereto expressly waive any and all objections to personal jurisdiction, service of process or venue in connection therewith.

21. Additional Disclosures

No waiver by either you or SodBuster of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. The provisions of these Terms of Use apply equally to and are for the benefit of SodBuster, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Merchant Account Terms and Conditions

By accessing and using SodBuster's website and services through your Merchant Account (as defined below), you agree to the following terms and conditions and any policies, guidelines or amendments that may be presented to you from time to time (collectively, the "Terms"). If at any time you do not agree with these Terms, or you do not agree to any modified Terms, then you must immediately stop using your Merchant Account and cease your participation in any SodBuster self-service merchant program (collectively, the "Programs"). Unless you and SodBuster have agreed otherwise in writing, these Terms govern your use of our services through your Merchant Account. You and SodBuster may be referred to throughout these Terms individually as a "Party" and collectively as the "Parties."

1. DEFINITIONS

"Deal Request" or "DR" is a request you submit to SodBuster to create an Offer for inclusion in a Program. The terms of the DR are specified and submitted by you in accordance with Section 3.1.
"voucher" means the paper voucher or electronic certificate that evidences a customer's purchase of an Offer and contains the terms of, and unique redemption information for, such Offer.
"the amount paid," for the voucher means the amount that a purchaser pays for a voucher.
a voucher's "Promotional Value" is the unpaid portion of the voucher's value in excess of the amount paid. (For example, if a purchaser pays $10 for a voucher with a $25 Full Offer Value, that voucher's Promotional Value would be $15).
a voucher's "Full Offer Value" means the full value of the voucher for which the holder of a voucher will be able to redeem it on or before the Promotional Value Expiration, and is equal to the sum of its Promotional Value plus its amount paid.
if applicable, a voucher's "Promotional Value Expiration" is the date and time after which a voucher's Promotional Value may no longer be used (unless otherwise required by law), and after which time and date, the voucher may only be redeemed for its amount paid unless refunded.
"Sales Period(s)" means the date (or dates) and period (or periods) of time an Offer will be available for redemption as specified in Section 3.1.
"SodBuster Site" means, collectively, the SodBuster website (www.SodBuster.com) and other distribution channels owned, controlled or operated by SodBuster or e-mails, mobile applications or other types of electronic offerings.
"Sodbuster", "SodBuster", and "SODBUSTER" mean SodBuster LLC.

2. SODBUSTER MERCHANT ACCOUNT

Merchant Account. To use certain services, you are required to be registered for a special account on the SodBuster Site (your "Merchant Account"). Your Merchant Account will facilitate your use of various SodBuster services and will allow you to provide and receive current and accurate information pertaining to your relationship with SodBuster. You are responsible for maintaining the confidentiality of your Merchant Account credentials, and are responsible for all activities that occur under your account. You agree to immediately notify SodBuster of any unauthorized use of your password or Merchant Account or any other breach of security related to the SodBuster Site. SodBuster is not and will not be liable for any loss or damage arising from your failure to comply with this Section 2.1. In addition to the other rights set forth herein, SodBuster reserves the right to refuse service and/or access to the SodBuster Site to you or any other merchant at any time without notice for any reason. When using your Merchant Account and the SodBuster Site, you will be required to accept and comply with certain terms and conditions applicable to merchants. You represent that you are of legal age to form a binding contract and have full power, capacity and authority to accept these Terms. If you are accepting these Terms on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms.
Merchant Center. The Merchant Center is the section of your Merchant Account (in contrast to any individual user account you may maintain) where you as a business owner may directly, or indirectly through an authorized employee or representative, access your business profile and information about past offers that have run through the Program and manage your offers by tracking voucher redemption. You may use your Merchant Account to submit request to launch a new Program offer and suspend or stop a particular Active Offer. You may also review analytics and statistics for your Offers and view all Program offers in any status. Within the redemption section of your Merchant Account, you can submit voucher redemption data for your Offers.

3. PROGRAM PARTICIPATION AND YOUR OFFER

Creation of Offers. By electing to participate in a Program, you shall define the conditions of, and supply the content and images to describe and illustrate, your Offer and its terms, by completing and submitting a DR through your Merchant Account. Your submission of a DR does not obligate SodBuster to accept the DR or promote the Offer, and is not binding on SodBuster until SodBuster actually promotes the Offer on the SodBuster Site. At the point SodBuster begins to promote your Offer to the public, the Sales Period begins and the Offer becomes an "Active Offer" during such Sales Period. You are responsible and liable for all Offer content and terms, and for SodBuster's or any purchaser's use or reliance on any of the foregoing. In creating your Offer, you may not: (a) offer to sell any goods or services on terms or in a manner that is prohibited by law from being offered or advertised; (b) include any content that violates or infringes in any way upon the rights of others; or (c) include any material that is unlawful, offensive, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable.
Promotion of Offers. If SodBuster accepts your DR, SodBuster will promote the Offer using any method and through any medium that SodBuster deems appropriate in its sole discretion, including through e-mail, mobile applications and any other type of electronic interface or distribution channel owned, controlled or operated by SodBuster. SodBuster further reserves the right, but has no obligation, to promote the Offer through its affiliates and third party business partners from time to time. SodBuster will promote your Offer to SodBuster customers and potential customers based on geographic or other geolocational data, but will determine the customers and potential customers to whom your Offer is actually promoted and made available in its sole discretion. If you indicate a maximum number of vouchers in the DR, SodBuster will stop promoting your Offer once such maximum is reached.
Distribution of Vouchers. Once SodBuster has received payment from a purchaser of the amount paid, SodBuster will authorize for use, and make a voucher available to, the purchaser of your Offer (or will distribute it to a designated transferee on behalf of the purchaser, if any is designated at the time of purchase). The vouchers will include any restrictions or limitations on the use of the voucher you have specified in the DR. Purchasers, or their authorized transferees, may then redeem the Offer by presenting their Vouchers to you as printed certificates, through their mobile devices, or any other media that SodBuster has adopted for voucher redemption.
Responsibility for Offer and Vouchers. You acknowledge that you are the exclusive seller of your Offer and the issuer of the vouchers. You also are responsible and liable for: (a) the decision to make your Offer available through the SodBuster services; (b) fulfilling your Offer with respect to all voucher holders; and (c) supplying all goods and/or services specified in the Offer.
Redemption Obligations. You shall comply with your obligations specified in these Terms, the DR and other obligations regarding the use of your Merchant Account. In addition, when redeeming vouchers, you shall: (a) honor the vouchers during the time period specified on, pursuant to the terms of, your Offer, and as required under applicable law(s); (b) for all vouchers issued under the Program, log the voucher redemption into the SodBuster system using one of the methods SodBuster makes available to you within thirty (30) days of the voucher's Promotional Value Expiration Date (if any); (c) handle all customer service in connection with the redemption and use of the vouchers; (d) honor any voucher presented by an individual, even if that individual was not the purchaser, unless (i) otherwise specified in the Fine Print (as defined below) or otherwise stated prominently on the face of the voucher or, (ii) you reasonably believe that individual obtained the voucher in an unauthorized or illegal manner, in which case you shall immediately contact SodBuster and explain the circumstances; and (e) comply with the terms and conditions stated on the voucher without modification and without imposing any restrictions or additional charges or penalties that are not expressly stated on the voucher. You shall specify all generally applicable policies (e.g., cancellation policies that apply to all customers), restrictions and contractual arrangements (e.g., liability waivers required for all customers) applicable to the Offer ("Fine Print") in the DR, and SodBuster shall have no liability for your failure to do so.
Expiration Periods. You shall allow voucher holders to redeem any valid vouchers for the Full Offer Value until the voucher's stated Promotional Value Expiration unless the Laws require a longer period. For any voucher presented after such voucher's applicable Promotional Value Expiration, you must continue to indefinitely honor the vouchers by either (a) continuing to redeem vouchers for the Full Offer Value as though the Full Offer Value has not yet expired, or (b) redeeming the vouchers for your goods and/or services valued for the amount paid.
Redemption and Recognition. SodBuster will pay for authorized redemptions. Notwithstanding anything contained herein to the contrary, SodBuster will not pay you for unauthorized or fraudulent redemptions or redemption attempts.
Your Third Party Merchants. You may subcontract or delegate portions of your performances required by these Terms with respect to a particular Offer to a third party (each, a "Third Party Merchant"). If you subcontract or delegate to Third Party Merchants with respect to fulfilling such Offer, you will remain solely responsible and liable for (a) all your obligations, including financial obligations, under these Terms and (b) all acts and omissions of your Third Party Merchants. You shall require your Third Party Merchants to comply with all applicable restrictions and obligations imposed on you under these Terms, and you will be solely responsible for your financial and contractual relationship with your Third Party Merchants.
License to Your Content. You hereby grant SodBuster a non-exclusive, worldwide, transferable, irrevocable, perpetual and sub-licensable license to use, copy, distribute, display and perform any trademarks, photographs, graphics, artwork, videos, sound clips, text, and other content or materials that you provide to SodBuster in your Merchant Account or otherwise use to describe your Offer ("your Content") in any and all media or formats in connection with SodBuster's fulfillment of its rights and obligations under these Terms, including the promotion of Offers and distribution of vouchers.
Press Release. SodBuster may, in its sole discretion, include you in any press release regarding the Offers described herein or identify you as a merchant.

4. PAYMENT TERMS

Generally. Payment terms governing your Offer are as set forth below, unless you have a separate written agreement with SodBuster expressly modifying the terms of your payment under a particular Program. Payment terms for any non-Programs Offers are contained in the applicable contract you entered with SodBuster by accepting the terms and conditions governing your Merchant Account or otherwise.
For each voucher (as such term is defined herein) that is redeemed and for which you electronically submit redemption data to SodBuster through an authorized mode of redemption (whether via customer mobile app, via merchant mobile app, or through your Merchant Account, each a "Validated Redemption"), you will be paid an amount equal to: the amount paid, less a per-voucher promotion and distribution fee of twenty-five percent (25%) of the amount paid (such amount, the "Remittance Amount"). SodBuster will pay you the Remittance Amount for your Program every two weeks if the total Remittance Amount ("Aggregate Net Amount") due is more than Fifty Dollars ($50). If the Aggregate Net Amount due is less than $50, SodBuster will mail you a check for the amount in your account upon the earlier of: (i) when the last voucher is redeemed, or (ii) when the voucher's Promotional Value expires. Following the Promotional Value Expiration, SodBuster will continue to pay you for any vouchers redeemed every two weeks where the Fifty Dollar threshold is met, or as otherwise agreed between you and SodBuster in writing.
Payment Method. Unless otherwise arranged in writing between you and SodBuster, payments owed to you under Section 4 will be made by check and mailed to you at the address in your Merchant Account on the schedule indicated above.

5. TERM AND TERMINATION

Term. These Terms are effective on the earlier of the date you first (i) access the Merchant Center through your Merchant Account, (ii) accept the Merchant Account Terms, or (iii) submit a DR. These Terms will remain in effect through the expiration of all vouchers' amount paid or such earlier date as all vouchers are redeemed or refunded to their purchasers, unless otherwise terminated as set forth below.
Termination. SodBuster may terminate these Terms and/or suspend your access to the Merchant Account with five days advance written notice at any time or for any reason, or immediately for cause if: (a) you violate your redemption obligations with respect to any Offer made by you through SodBuster's programs and services; (b) you fail to redeem or cause the redemption of any voucher to fail for any reason, including but not limited to the sale or dissolution of your business, a violation of or a higher than expected number of purchasers, or (c) you violate any of these Terms or any other agreement you have with SodBuster.
Obligations upon Termination; Survival of Certain Terms. Neither the expiration nor termination of these Terms, nor your suspension or cancellation of any Offer shall in any way affect the rights of any holder of a valid voucher or modify or eliminate your obligation to redeem any valid voucher pursuant to its terms. All Terms and any sections of these Terms that are logically intended and required to survive expiration or termination of these Terms to achieve their intent, shall survive without limitation.

6. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants to the other that: (a) it has the power and authority to enter into this Agreement and perform its obligations under these Terms; (b) it is an entity duly organized, validly existing and in good standing under the Laws of its jurisdiction of incorporation or formation; (c) these Terms reflect its legal, valid and binding obligation, enforceable against it; and (d) it shall comply with all Laws applicable to its obligations under the Agreement.
You represent and warrant to SodBuster that: (a) you and any Third Party Merchant(s), as applicable, (i) are registered for the collection of sales, use and other similar taxes in all states and localities in which goods and/or services will be made available pursuant to the terms and presentation of the voucher; and (ii) will collect and remit any and all applicable state or local sales, use, hotel occupancy, and other similar taxes that may apply to the redemption of the vouchers or the supplying of goods or services; (b) your Content, your representations about your business, and your redemption process for vouchers, do not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of privacy or publicity of any third party; (c) you hold all necessary Regulatory Documents and Authorization Documents, if any, required to make any Offer and provide the goods or services described therein; (d) you will provide the goods and services made available through any Offer in a manner consistent with industry best practices; and (e) you have all rights necessary to grant the licenses set forth in these Terms.
NO FURTHER REPRESENTATIONS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SODBUSTER DOES NOT WARRANT OR GUARANTEE THAT (A) ANY OFFER OR THE SODBUSTERS WILL BE ERROR-FREE; (B) ANY ERRORS, OMISSIONS OR MISPLACEMENTS WILL BE CORRECTED, OR (C) THE OFFER WILL RESULT IN ANY REVENUE OR PROFIT FOR YOU. SODBUSTER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SODBUSTER SITE OR ANY OTHER PROMOTION, DISTRIBUTION OR REDEMPTION METHOD USED OR PROVIDED BY SODBUSTER (INCLUDING WITH RESPECT TO ITS UNINTERRUPTED OR ERROR-FREE OPERATION) AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THEREIN. THE SODBUSTER SITE AND OTHER PROMOTION, DISTRIBUTION OR REDEMPTION METHODS USED OR PROVIDED AND ALL RELATED INFORMATION AND MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN "AS AVAILABLE" BASIS.

7. INDEMNIFICATION

You, at your sole cost and expense, shall defend, indemnify and hold SodBuster, its affiliated and related entities, and any of their respective officers, directors, agents and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations (collectively, "Claims") from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to reasonable attorney's fees and costs) (collectively, "Losses") arising out of or relating to any of the following: (a) your or any Third Party Merchant's (i) fraud, willful misconduct, or gross negligence or (ii) breach or alleged breach of these Terms; (b) any claim for state sales, use, hotel occupancy, or any other similar tax obligations (including any penalties, interest or other additions to tax) arising from the sale and subsequent redemption of a voucher; (c) to the extent applicable, any claim by any local, state or federal governmental entity for any unclaimed property regarding vouchers, including but not limited to, any claims for penalties and interest; (d) the goods and/or services provided by you, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death; (e) any Offer, including your provision of incomplete or inaccurate or information applicable to such Offer; or (f) your Content; and (g) any infringement, misappropriation, or other violation, of any patent, trademark, copyright, publicity, privacy, trade secret, or other right of any third party by you, your Content, or the use thereof.
SodBuster, at its sole cost and expense, shall defend, indemnify and hold harmless you and your officers, directors, agents and employees, from and against any and all Claims brought against any of you arising out of or in connection with (a) SodBuster's material breach of these Terms or (b) any infringement, misappropriation or other violation of any trademark or copyright of any third party by SodBuster (excluding SodBuster's use of materials provided or authorized for SodBuster's use by, you.)
Indemnification Process. The Party seeking indemnification under this Section 7 shall promptly notify the other Party in writing of any Claim for which it seeks indemnification; provided that such indemnified Party's failure to timely provide such notice shall not relieve the indemnifying Party of its indemnification obligations unless it can demonstrate actual prejudice as a result of such failure. In the event SodBuster is the indemnifying Party, SodBuster shall have the right to, upon written notice to you, elect to assume control of the defense and settlement of any such Claim, and you will have the right to participate and be represented in the defense of such Claim by your own counsel and at your own expense. You shall not settle any Claim for which you are to be indemnified hereunder without SodBuster's prior written consent, which consent shall not be unreasonably withheld or delayed.

8. COMPLIANCE WITH LAW AND AUTHORIZATIONS

General. You will ensure that the terms of any Offer, any Fine Print, and your activities under the Agreement, including your redemption of the vouchers, comply with any and all state, federal and local laws, rules regulations, and orders, including all laws that govern false, unfair and deceptive practices, vouchers, gift cards, coupons, and/or gift certificates (collectively "Laws"). You understand and agree further that your compliance with Laws is a basic requirement, and that you must also comply with all of SodBuster's Program requirements and product-specific policies applicable to vouchers ("Rules"), which Rules may require you to do more than the Laws alone might mandate.
Health and Safety. You represent and warrant that all good or services provided in connection with any Offer are safe and comply with all applicable Laws regarding health and safety, fire, and hygiene standards (collectively, "Health Laws"). At SodBuster's request, you will promptly provide copies of any applicable facility operating license(s), or similar credentials or documents evidencing your and your facility(ies) compliance with the Health Laws. You shall ensure that your facilities and operations remain in compliance with all applicable Health Laws during the term of these Terms. SodBuster reserves the right to immediately terminate its relationship with you, and to refuse to promote your Offer, if it believes you do not fully comply with any or all applicable Health Laws.
Authorization Documents. You hereby represent and warrant that you have all rights and permissions necessary to provide or use any goods, services, or brands that you do not independently own as part of any Offer and to grant the rights to your Content granted under these Terms. Prior to making any Offer or submitting the DR, you shall provide SodBuster with letters of authorization or other documentation evidencing such rights and permissions ("Authorization Documents"). Unless otherwise retained by SodBuster, Authorization Documents should be attached to and available in, your Merchant Account. Even if SodBuster has accepted a particular DR for your Offer, SodBuster shall have no obligation to promote any Offer until it has received Authorization Documents it reasonably considers it to be satisfactory. You shall immediately notify SodBuster if, at any time during the term of the Agreement, you no longer have the same rights and permissions evidenced in the Authorization Documents.
Regulatory Documents. You hereby represent and warrant that you have obtained and possess all governmental licenses, approvals, and authorizations necessary to provide the goods or services included as part of such Offer. You shall provide SodBuster with copies of licenses, proof of authorization or other appropriate documentation evidencing such regulatory permissions ("Regulatory Documents"), and such Regulatory Documents shall be attached to and be available in, your Merchant Account. Even if SodBuster has accepted the DR for your Offer, SodBuster shall have no obligation to promote your Offer until it has received Regulatory Documents it reasonably considers to be satisfactory. You shall immediately notify SodBuster if, at any time during the term of the Agreement, you no longer have the same rights and permissions evidenced in the Regulatory Documents.

9. CONFIDENTIALITY

Confidential Information. Each Party agrees that: (i) the terms set forth in your Merchant Account, (ii) any information designated by the other Party as "confidential", and (iii) any other information that the recipient should reasonably expect to be confidential under the circumstances shall be collectively deemed "Confidential Information." Confidential Information does not include information that (a) was or becomes publicly known through no action of the receiving Party; (b) is already in the legitimate possession of the receiving Party prior to its disclosure; (c) is obtained by the receiving Party without a breach of any third party's obligations or violation of Laws; or (d) is independently developed by the receiving Party.
Obligation. Each Party shall take reasonable precautions to protect all Confidential Information, and will only disclose Confidential Information to its employees on a need-to-know basis. You may also disclose Confidential Information to your Third Party Merchants if they have signed a confidentiality agreement that requires them to protect the Confidential Information in at least the same manner specified in these Terms. If a Party is required by Law to disclose the other Party's Confidential Information, it shall promptly notify the other Party and shall cooperate with the other Party to obtain a protective order or to otherwise limit the disclosure of the Confidential Information.
Irreparable Harm. Each Party agrees that, in the event of an actual, alleged or threatened breach of its confidentiality obligations established by these Terms, the other Party is likely to suffer immediate and irreparable harm, and may seek a temporary restraining order, injunction or other form of equitable relief without the posting of any bond or other security.

10. INTELLECTUAL PROPERTY RIGHTS; CUSTOMER DATA

SodBuster IP. You acknowledge that SodBuster owns all right, title, and interest, including all intellectual property rights, in the SodBuster Site, trade name, logos, trademarks, and service marks, and any content, data, software, technology, tools, or business methods used by SodBuster to develop, promote, market, sell, generate, or distribute Offers and vouchers and otherwise perform under these Terms (collectively the "SodBuster IP"). With respect to any Offer, you may use SodBuster's name, trademarks, and logos solely to publicize to your customers and potential customers the fact that you are featuring that Offer through a particular Program. This limited right to use SodBuster's branding is applicable only during the period from the start of the Sales Period through the Promotional Value Expiration. Notwithstanding the above, you shall not use or display the SodBuster IP in any manner that states or implies that SodBuster has endorsed or approved the Offer or your products or services. Any use of SodBuster IP shall comply with any SodBuster usage guidelines posted on the SodBuster Site or provided to you from time to time. All goodwill and improved reputation in respect of and associated with the SodBuster IP shall inure to the sole benefit of SodBuster. Except as expressly set forth in these Terms, you have no right, license, title or interest in or to any SodBuster IP, and shall not use, distribute, transfer, copy, download, display, modify, perform or create derivative works of the SodBuster IP without the express written consent of SodBuster. You shall not translate, reverse engineer, decompile or disassemble the SodBuster IP. SodBuster has the right to revoke the rights sets forth in this Section upon written notice to you and reserves all rights not specifically granted.
Customer Data. You acknowledge that SodBuster owns all data collected by, or on behalf of, SodBuster pursuant to these Terms, including all information and data of individuals who may or do purchase vouchers ("Customer Data"). Subject to applicable Laws and in accordance with SodBuster's policies and procedures, SodBuster shall not provide you with access to Customer Data, except: (i) to the extent such specific data is necessary for you to redeem and/or verify the validity of the vouchers, and, (ii) to the extent that any potential purchaser is made aware by statements in the Fine Print, that providing or sharing certain information is required to redeem the voucher, if such sharing would not be implicit in the type of good or service being offered. Except to the extent required by Laws or otherwise authorized in writing by SodBuster, you may not use Customer Data for any purpose other than to redeem the vouchers and service the Offer. You shall, and shall ensure that any Third Party Merchants you may work with, take commercially reasonable efforts to protect the security of Customer Data and comply with all Laws (including SodBuster's privacy policies and procedures) relating to the processing of any Customer Data. If you become aware of, or suspect, any unauthorized access to or use of Customer Data, you shall immediately notify SodBuster, and shall cooperate with SodBuster in the investigation of such breach and the mitigation of any damages. You shall bear all resulting costs and expenses incurred by SodBuster to comply with applicable Laws (including without limitation any data breach Laws). Upon termination or expiration of this Agreement, you shall, as directed by SodBuster, destroy or return to SodBuster all the Customer Data in your or your Third Party Merchants possession.

11. LIMITATIONS OF LIABILITY; INSURANCE

LIMITATION OF SODBUSTER'S LIABILITY. SODBUSTER'S SOLE AND COMPLETE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO YOU BY SODBUSTER PURSUANT TO THESE TERMS PRIOR TO THE DATE THE CLAIM AROSE PER THE OFFER. IN NO EVENT SHALL SODBUSTER BE LIABLE TO YOU, ANY THIRD PARTY MERCHANT OR ANY OTHER THIRD PARTY FOR ANY CLAIMS RELATING TO THE USE OF YOUR GOODS OR SERVICES, INCLUDING BUT NO LIMITED TO CLAIMS RELATING TO FALSE ADVERTISING, INJURIES, ILLNESSES, DAMAGES, OR DEATH. ANY CLAIM ARISING OUT OF OR RELATING TO ANY VOUCHER OFFERED UNDER THE APPLICABLE DR MUST BE MADE WITHIN ONE (1) YEAR OF FIRST PUBLICATION OF THE VOUCHER AND ALL CLAIMS NOT SO MADE SHALL BE DEEMED WAIVED BY YOU.
NO CONSEQUENTIAL DAMAGES. EXCEPT FOR (A) INDEMNIFICATION OBLIGATIONS AS SPECIFIED HEREUNDER, OR (B) EITHER PARTY'S (OR WITH RESPECT TO YOU, YOUR THIRD PARTY MERCHANT'S) (I) VIOLATION OF SECTION 8 (COMPLIANCE WITH LAW AND AUTHORIZATIONS), SECTION 9 (CONFIDENTIALITY), OR SECTION 10 (INTELLECTUAL PROPERTY RIGHTS; CUSTOMER DATA) OR (II) FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE.
Insurance. You represent and warrant that you have, and shall maintain at your expense and at all times during the term of these Terms, all types of liability insurance policies, with coverage in amounts that are customary for merchants and/or service providers in your region, consistent with best industry practices, and sufficient to fully comply with applicable Law and fulfill your obligations under these Terms. Upon SodBuster's request, you shall provide proof of your maintenance of such policies and provide assurances that indicate that SodBuster will be covered by your insurance policies in the event of a claim arising under or in relation to, these Terms or any Offer.

12. MISCELLANEOUS

Electronic Communications and Notices. You acknowledge that communications between the Parties often use electronic means. For contractual purposes, you hereby (a) consent to receive communications from SodBuster in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SodBuster provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights. Any notice required or permitted hereunder shall be provided in writing, and shall be deemed delivered when (a) delivered by electronic mail to the then-current e-mail address in your Merchant Account, or (b) regardless of whether or not actually received, when deposited in (i) the United States mail, postage prepaid, certified mail, return receipt requested, or (ii) a regional or national overnight courier service, addressed to the applicable Party at the address set forth in your case, in your Merchant Account, and in SodBuster's case, to SodBuster LLC at

Merchant Relations
c/o SodBuster LLC
3633 E. 62nd Street
Indianapolis, IN 46220
USA
Force Majeure. Neither Party shall be liable for any default or delay in the performance of its obligations under these Terms due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond the reasonable control of such Party and only for the duration of such event.
Relationship of the Parties. The Parties are independent contractors. Nothing in these Terms shall be deemed or construed by the Parties hereto, nor by any third party, as creating a joint venture, partnership, franchise, or an agency relationship between the Parties. Neither Party has the authority, without the other Party's prior written approval, to bind or commit the other Party in any way. SodBuster is not a vendor or co-vendor of your goods and services.
Agreement. These Terms constitute the entire understanding between the Parties relating to any Program Offer and your obligations in making such Offer, and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. No part of these Terms may be amended or modified except by mutual written agreement of the Parties. In the event of a conflict between these Terms and the terms of your Offer, these Terms shall govern.
Interpretation. The section headings of these Terms are for purposes of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof. References to a section include references to all subsections of that section.
Invalidity of a Provision. If any provision of these Terms should be held to be invalid or unenforceable the validity and enforceability of the remaining provisions of these Terms shall not be affected and the Parties shall negotiate an equitable adjustment in the provisions in order to affect, to the maximum extent permitted by Law, the purpose of these Terms.
Waivers. One or more waivers of any covenant, term or condition of these Terms by either Party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition.
Assignment. You may not assign or transfer any of your rights, or delegate any of your obligations, under these Terms without SodBuster's prior written consent, and any attempt to do so shall be void and unenforceable.
Successors and Assigns; No Third Party Beneficiaries. These Terms shall be binding upon and inure to the benefit of, the Parties and their respective permitted successors and assigns. There are no third party beneficiaries to these Terms, except as expressly set forth herein or in a particular DR.
Governing Law; Venue. The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation, and any other aspect of these Terms, notwithstanding any state or other jurisdiction's choice of law provision to the contrary. Any proceeding to enforce, interpret, challenge the validity of or recover for the breach of any provision of these Terms shall be filed exclusively in the state or federal courts located in Indianapolis, Indiana and the parties hereto expressly waive any and all objections to personal jurisdiction, service of process or venue in connection therewith.

Enter email address:
Enter password:
Confirm the password:
Agree To Terms Of Use: