Terms of Service

These terms and conditions (the “Terms”) govern your access to and use of the website of merlehaggard.com (“Site”). By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with Hag, LLC, a limited liability company organized pursuant to the laws of the State of California (“Hag”). It is important that you read carefully and understand these Terms. Do not access or use the Site if you are unwilling or unable to be bound by these Terms. Any references to “you” and “your” refer to you, as a user of the Site.

  1. Modifications to Terms. Hag may, in its discretion, modify these Terms from time to time. Hag will notify you of the modifications to these Terms when Hag makes the revised version of these Terms available on the Site. These Terms will indicate the date that modifications were last made by Hag. All modifications to these Terms will apply prospectively only. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Site after any posted modifications to these Terms indicates your acceptance of the modifications to these Terms.
  1. Permission to Use Site. Hag grants you permission to use the Site subject to these Terms. Hag may terminate your permission to use the Site for any conduct that Hag may consider to be inappropriate, or for your breach of these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
  1. Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice and without any liability to Hag.
  1. User Accounts. You may need to register to use part of the Site. Hag may reject or require that you change any username, password, or other information that you provide to Hag. Your username and password are for your personal use only and should be kept confidential, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your username and password. You are solely responsible for any use of your username and password. Hag may, in its discretion, deny you access to all or any part of the Site at any time. Hag may reveal your identity (including whatever information Hag knows about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security or to safeguard the reputation of Merle Haggard. Hag may, in its discretion, terminate your user account at any time, for any reason, and you agree that in no event shall Hag or any other person will be legally required to provide any reason or explanation for termination of your account.
  1. Responsibility for Your Content. You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless Hag and its agents and representatives with respect to any claim related to your messages. Hag may remove any messages or any other content for any or no reason whatsoever.
  1. Right to Use Your Content. By posting messages or engaging in any other form of communication through the Site, you are granting Hag a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication for any purpose whatsoever; and (2) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication for any purpose whatsoever. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
  1. Right to Use Your Images. By posting images or video through the Site, you are granting Hag a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such image or video for any purpose whatsoever; and (2) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to the image or video for any purpose whatsoever. The foregoing rights shall include the right to exploit any proprietary rights in such images or video, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
  1. Ownership. All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio, video, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Hag and is protected by copyright, trademark, and other intellectual property rights. Material on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Hag in each instance and in its discretion. You may download, share, and embed material from the Site intentionally made available for downloading, sharing, and embedding, respectively, for your non-commercial use only, provided that you keep intact and protect any and all copyright and other proprietary notices that may appear on or relate to such materials.
  1. Rules, Policies, Disclaimers. The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site). Hag does not review every message or confirm the accuracy or validity of information posted. Hag does not actively monitor the content of the postings and is not responsible for the content of any postings. Hag does not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Hag or Merle Haggard, or any person associated with Hag. If you feel that any posting is objectionable, Hag encourages you to contact Hag by email.

You agree not to, and will not assist, encourage, or enable others to use the Site to:

  • Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
  • Post or transmit any material in violation of a third-party’s copyright or other intellectual property or proprietary rights;
  • Post or transmit any information or software that contains a virus, worm, defects, trojan horses, or other items of a harmful, disruptive or deleterious nature;
  • Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without the prior written consent of Hag;
  • Sell concert or event tickets to any artist;
  • Solicit, request or collect personal information for commercial or unlawful purposes;
  • Solicit personal information from minors;
  • Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
  • Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
  • Impersonate any other individual or entity.

You also agree not to, and will not assist, encourage, or enable others to:

  • Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);
  • Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
  • Record, process or mine information about other users;
  • Reformat or frame any portion of the Site;
  • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on Hag or its technology infrastructure or otherwise make excessive traffic demands of the Site;
  • Attempt to gain unauthorized access to the Site, user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site
  1. Unsolicited Submissions. Hag and its agents and representatives do not accept or consider unsolicited sound recordings, musical compositions or any other creative materials (collectively, the “Submission”). If, despite this policy, you still have submitted unsolicited material to the Site, then Hag and its agents and representatives will not be obligated to treat your Submission as confidential or proprietary and, by making such a Submission, you will be deemed to have acknowledged that (a) Hag has no obligation and shall not be liable to you or to any person claiming through you based on such Submission; and (b) you relinquish any claim whatsoever based upon your submission.
  1. Privacy Policy. Use of the Site is also governed by the Hag Privacy Policy which is incorporated into these Terms by reference.
  1. Third-Parties. The Site may include links to other websites or applications (each, a “Third-Party Site”). Unless otherwise noted, Hag does not operate, control, or endorse any information, products, or services on any Third-Party Site. You agree that Hag is not responsible for the availability or contents of any Third-Party Sites and that your use of any Third-Party Site is at your own risk.
  1. Indemnification. You agree to indemnify, defend and hold harmless merlehaggard.com and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (a) your access to or use of the Site, (b) your breach of these Terms, (c) your use of any products or services purchased or obtained by you in connection with the Site, or (c) the infringement by you, or any third-party using your user name or password, of any intellectual property or other right of any person. Hag reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
  1. Warranty Disclaimer and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HAG AND ITS MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES AND DESIGNEES. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
  1. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. HAG MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, HAG IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE SITE.
  1. HAG EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
  1. HAG AND ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD-PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES AND/OR ANY THIRD-PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
  1. HAG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY THIRD-PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  1. HAG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY THIRD-PARTY SITE.
  1. HAG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THE SITE.
  1. Void Where Prohibited. Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. Hag may limit, in its discretion, the quality and quantity of any product or service to any person or geographic area. Any offer for any product or service made in this Site is void where prohibited.
  1. Making Purchases. If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction, you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. merlehaggard.com will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. merlehaggard.com does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final. Hag is not responsible for purchases made on third-party websites, even if you were directed to such third-party website by clicking on a link found on the Site.
  1. Rules for Promotions. Any contests, sweepstakes, surveys, games, or similar promotions (collectively “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotions, you will become subject to those rules, which may vary from these Terms. Hag advises you to carefully review any specific rules applicable to a particular Promotion and to review Hag Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the rules for a Promotion conflict with these Terms, the Promotion rules shall control.
  1. Choice of Law and Venue. These Terms shall be governed by, and interpreted in accordance with, the laws of the State of California, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. You further agree as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
  1. General Terms. In the event that any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms (including the Hag Privacy Policy) contain the entire agreement between you and Hag regarding the use of the Site and supersede any prior agreement between you and Hag regarding the Site. You and Hag acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Hag may provide you with notices by email, regular mail, or communications through the Site. Any failure by Hag to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms are not assignable, transferable or sublicensable by you except with the prior written consent of Hag but may be assigned or transferred by Hag without notice or restriction. Any assignment attempted to be made in violation of these Terms shall be void. The section titles in these Terms are for convenience only and have no legal or contractual effect.