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PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE ACCESSING OR OTHERWISE USING THIS WEB SITE.
YOUR ACCESSING OTHERWISE USING THIS WEB SITE SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO ALL OF THE TERMS AND CONDITIONS OF THE WEB SITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS OR CONDITIONS SET FORTH IN THE BELOW AGREEMENT, YOU MUST IMMEDIATELY STOP ACCESSING OR OTHERWISE USING THIS WEB SITE.
WEB SITE USE AGREEMENT
This Web Site Use Agreement (this “Agreement”) is made and entered into between you and Bringing Tighty Back, a South Dakota limited liability company (“BTB”). YOUR ACCESSING OR OTHERWISE USING THIS WEB SITE (DEFINED BELOW) SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1. Privacy Policy Incorporated. All of the terms and conditions of BTB’s Privacy Policy are hereby incorporated into and made a part of this Agreement, as though fully set forth herein. You may review BTB’s Privacy Policy at Privacy Policy". To the extent any provision(s) of BTB’s Privacy Policy conflict with any other provision(s) of this Agreement, the provisions(s) of BTB’s Privacy Policy shall control.
2. Copyright Notice. Copyright 2008 Bringing Tighty Back. All rights reserved.
3. Designated Agent for Digital Millennium Copyright Act Claims. Pursuant to Title II of the Digital Millennium Copyright Act (the “DMCA”), all claims of copyright infringement for material that is believed to be residing on BTB’s system or network, should be promptly sent in the form of written notice to BTB's Designated Agent:
Designated Agent for DMCA Notices
Bringing Tighty Back
401 E 8th Street
Sioux Falls, SD 57103
Email: info@bringingtightyback.com
All claims must include the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. Use of Information. The bringingtightyback.com web site (which, together with any and all extensions thereof, may be collectively referred to as this “Web Site”) is protected by copyright as a collective work and/or compilation pursuant to United States copyright laws, international conventions and other copyright laws. The contents of this Web Site (collectively, the “Content”) are only for your personal, noncommercial use, are protected by copyright, and are owned or controlled by BTB or the party credited as the owner or provider of the content. Copying or storing any Content for other than personal, noncommercial use is strictly prohibited without the prior written consent from BTB or the copyright holder identified in the Content item’s copyright notice. You shall abide by any and all additional copyright notices, information or restrictions contained in any Content. You are granted limited, non-exclusive permission to copy documents, graphics and other downloadable items displayed on this Web Site for personal, non-commercial use only, provided that: (a) you shall maintain all copyright and other notices contained in such Content, (b) you shall not copy or print more than one copy of such Content, (d) BTB may revoke such permission at any time in its sole discretion and without prior notice, and (e) nothing contained herein shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of any third party. Except as expressly granted under this Agreement, all rights are reserved by BTB.
You shall not use bots or similar methods or tools to "data mine" or otherwise gather or extract data from this Site, nor shall you display this Site in frames or utilize any other techniques to display this Site (or any content on this Site) without the prior express written consent of BTB. You shall not use any meta tags or any other "hidden text" utilizing BTB's name or trademarks without the prior express written consent of BTB. You shall not use BTB's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You shall not pretend to be someone else (or spoof their identity) when using this Site.
5. Trademarks. The BTB name and logo, the bringingtightyback.com marks, and all other related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of BTB or its affiliates and shall not be used in any manner without the prior written consent of BTB or the BTB affiliate that owns any such mark(s). All other trademarks and service marks are trademarks of their respective owners.
6. No Warranties. Content may include technical or other inaccuracies or typographical errors. THIS WEB SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. TO THE FULLEST EXTENT PERMITTED BY LAW, BTB AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY BTB, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) NEITHER BTB NOR ANY OF ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS SITE OR THE INTERNET GENERALLY WILL BE UNITERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER BTB NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON OR DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM, THIS SITE (INCLUDING, WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (4) THE INTERNET GENERALLY.
In the event of any conflict between this Section 6. and any other provision(s) of this Agreement, this Section 6. shall govern.
7. Limitation of Liability. THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. BTB ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OTHER CONTENT, APPARATUS OR OTHER PROCESS CONTAINED ON OR DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM, THIS SITE.
IN NO EVENT SHALL BTB OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION OR OTHER CONTENT, APPARATUS OR OTHER PROCESS CONTAINED ON OR DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM, THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR EQUITABLE OR LEGAL THEORY, REGARDLESS OF WHETHER BTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8. Disclaimer of Endorsement; Linked Sites. BTB does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information or Content displayed or distributed through this Site. Without limiting the generality of the foregoing, reference in this Site to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply BTB’s endorsement, sponsorship or recommendation thereof. Product and service information is the sole responsibility of each individual vendor.
Some of the sites to which you may link from this Site are not owned or operated by BTB (collectively, "Third Party Sites"). Some Third Party Sites may contain the trademarks or "branding" of BTB. You can tell if you have linked from one web site to another web site by looking at the URL in the browser window. If the second level domain of the URL for the page containing the link is different than the second level domain of the URL for the page to which you have linked, you have linked to a different web site. For example, if you link from a page located at the URL www.thirdleveldomain.bringingtightyback.com to a page located at the URL www.bringingtightyback.secondleveldomain.com, you have linked to another site. Please note that any of BTB's trademarks or service marks (e.g., Snappyvtours, etc.) may be included in the URL of a co-branded or private label web site that is owned and operated by a third party, in a location other than that occupied by the second level domain (e.g., as the third level domain). Third Party Sites may include, without limitation, sites on which you may bid for and/or purchase products or services. BTB makes no representations or warranties whatsoever concerning: (a) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. If you decide to access any of the Third Party Sites linked to this Site, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on this Site, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Site.
9. Security; No Disruption. You agree that you will comply with any security processes and procedures (including, without limitation, passwords) specified by BTB with respect to access to or use of this Site. Further, you agree to not access or attempt to access any areas of or through this Site that are not intended for general public access, unless BTB has given you explicit written authorization to do so. You agree that you will not disrupt the functioning of this Site or otherwise act in any way that interferes with other users' use of the Site.
10. Site Changes; Access. BTB may, from time-to-time, in its sole discretion and without notice or liability: (a) change, suspend or discontinue this Site in whole or in part (including, without limitation, any feature, database or Content), (b) impose limits on certain features, services and/or Content, and/or (c) terminate, suspend or restrict your access to any part(s) or all of this Site. If asked to do so, you agree that you will not attempt to access or otherwise use this Site.
11. Uploading Information; Monitoring. BTB is under no obligation to monitor the information or materials residing on or transmitted to this Site, and is not responsible for any materials posted by or at the direction of you or any third party. However, BTB reserves the right to monitor such materials and to: (a) disclose any information as may be necessary to comply with any applicable laws, regulations and/or governmental requests, and/or (b) modify, reject or eliminate any information or other material residing on or transmitted to this Site (or any server(s) that host this Site) that it, in its sole discretion, believes is objectionable or in violation of the terms and conditions of this Agreement. This Site and any Third Party Site (defined below) may contain content provided by advertisers or other third parties that may not be suitable for children. BTB asks parents or legal guardians to assist BTB by supervising the activities of children at this Site.
12. Information Provided by You. You acknowledge and agree that transmissions to and from this Site are not confidential and may be read or intercepted by others. By posting messages, uploading files, inputting data or engaging in any other form of communication (collectively, “Communications”) to or through this Site: (a) you agree that the fact, nature and content of all such Communications shall be deemed non-confidential, (b) BTB shall have no obligation to protect such information from use or disclosure (or any obligation of any kind with respect to such information), and (c) you hereby grant to BTB and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against BTB and its affiliates for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You agree and understand that BTB may, in its sole discretion, for any reason and without any prior notice or liability, delete any files that you may maintain at this Site and any information you may choose to post on this Site. You are advised to keep a copy of any material that you maintain or post at this Site, as BTB will not be required to retain copies of any such material.
13. Representations and Warranties. You hereby represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Company Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Company Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
14. Indemnification. You agree to, immediately upon demand and at your own expense, indemnify, defend and hold BTB, its affiliates, subsidiaries, officers, directors, agents, managers, members, attorneys, employees, licensors, licensees and third parties providing content on this Site (collectively, the “Indemnified Parties”) harmless for, from and against any and all claims, demands, actions, liabilities, losses, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) made against or incurred by an Indemnified Party arising from or, directly or indirectly, relating to: (a) any violations of this Agreement, (b) your accessing and/or use of (or conduct on) this Site and/or any Third Party Site, including, without limitation: (i) any information, software or other material viewed or accessed by you on or through this Site and/or any Third Party Site (including, without limitation, any advertisement for products or services on this Site and/or any Third Party Site), (ii) any transactions initiated or conducted by you through this Site and/or any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through this Site and/or any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), and/or (iv) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through this Site and/or any Third Party Site). You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of the Indemnified Party.
15. Remedies. If you violate any term or condition of this Agreement, BTB shall be entitled to seek any remedy or remedies that may be available under this Agreement, at law and/or in equity. All rights and remedies of BTB shall be cumulative.
16. Modifications. You acknowledge and agree that BTB shall be entitled to, from time-to-time in its sole discretion, change any or all of the terms and conditions of this Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. Such changes shall be effective immediately upon posting on this Site by BTB and, by accessing this Site after changes are posted, you accept and agree to be bound by the changes, whether or not you have actual knowledge of them. You agree to visit this Site periodically to review this Agreement (and all of the terms, policies and notices incorporated herein by reference) in order to make yourself aware of any such changes.
17. Choice of Law and Forum; Waiver of Jury Trial; Limitation of Action. You and BTB agree that this Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflicts of laws principles. Any and all legal actions arising from or relating to this Agreement and/or the Site shall be venued exclusively in a state or federal court located within Minnehaha County, South Dakota. YOU AND BTB HEREBY IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION, and consent to the personal jurisdiction of such courts. To the extent allowed by applicable law, any cause of action or claim you may have against BTB with respect to this Agreement and/or this Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.
18. General Provisions.
A. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. Neither party’s failure to pursue any right or remedy arising from the other party’s failure to comply with the terms and conditions of this Agreement shall be deemed a waiver thereof. Instead, such a waiver shall be effective only if it is in a writing signed by the waiving party.
B. You shall not, in whole or in part, assign or otherwise transfer this Agreement or any of your rights hereunder. Any attempted assignment or other transfer in violation of the preceding sentence shall be void.
C. This Agreement, together with all terms, notices and policies incorporated into this Agreement by reference, constitute the entire agreement between you and BTB with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements whether written or oral. Any terms varying from this Agreement in any written, electronic or other communication from you are void. This Agreement may be modified only: (i) by BTB as set forth in Section 16., or (ii) by written agreement signed by a duly authorized representative of BTB.
D. Titles of sections of this Agreement are included for convenience purposes only, and shall not be construed as substantive parts of this Agreement.
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