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Please Read the Following Terms of Use Carefully
This Web site (the "Web Site") is provided by
Brian Thomas Companies, Inc. ("Brian Thomas Companies, Inc.")
subject to these terms of use and all modifications thereto ("Terms of Use").
By using this Web Site, any user who visits the Web Site ("You")
agrees to follow and be bound by these Terms of Use.
For purposes of these Terms of Use, the term "Web Site" shall
refer only to the publicly-accessible portions of [Brian Thomas Companies,
Inc..com]. Use of the password-protected Brian Thomas Companies, Inc. Exchange
(the "Exchange") by registered members ("Members")
and their authorized users ("Authorized Users"), is subject to
the separate membership agreement ("Membership Agreement")
between Brian Thomas Companies, Inc. and such Members and Authorized Users.
These Terms of Use do not govern the use of the Exchange, and the term "Web
Site" as used herein does not include the "Exchange." These Terms of Use shall
govern the use of the Web Site (but not the Exchange) by Members and Authorized
Users and others, and the term "You" shall include Members and Authorized Users
for such limited purpose. Unless indicated herein, these Terms of Use are in
addition to, and do not replace, the terms of the Membership Agreement.
In order to use the Web Site, You must: (1) provide all
equipment, including a computer and modem, necessary to establish a connection
to the World Wide Web; (2) provide for Your own access to the World Wide Web;
and (3) pay any telephone or other service fees associated with such access.
Web Site Content
This Web Site contains trademarks, service marks, logos, data, text, graphics,
photographs, sound, video, and other content owned by Brian Thomas Companies,
Inc. or its third party licensors ("Web Site Content"). As
between You and Brian Thomas Companies, Inc., Brian Thomas Companies, Inc. is
the sole owner of all Web Site Content on the Web Site, including without
limitation, all copyrights, trademarks, service marks and other intellectual
property rights thereto. You may not download or save a copy of the Web Site
Content or any portion thereof, for any purpose, except You may print a copy of
individual screens appearing as part of the Web Site solely for Your personal,
non-commercial use or records, provided that any proprietary rights notices,
marks, logos or other legends that appear on the copied screens remain on, and
are not removed from the printed or stored images of such screens. Except as
expressly permitted in these Terms of Use, You may not modify, copy, publish,
display, transmit, adapt or in any way exploit the Web Site Content, without
the express prior permission of Brian Thomas Companies, Inc..
You shall not copy, sell, rent, lease, license, sublicense,
grant any rights in, transfer, distribute, time-share or otherwise assign to
any third party any portion of the Web Site or Your rights in licenses thereto,
or use any portion of the Web Site to operate a time sharing service, service
bureau or perform services for third parties.
Forums; User Content
Brian Thomas Companies, Inc. may provide You with the capability of posting to
the Web Site or otherwise supplying to Brian Thomas Companies, Inc. information
(excepting personally identifiable information the use of which is governed by
the Brian Thomas Companies, Inc. Privacy Policy), data, text, music, sound,
photographs, graphics, video, messages and other materials ("User Content").
By posting User Content on or through this Web Site, You agree that You are
solely responsible for the origination, accuracy, completeness, ownership,
publication and dissemination of, and that You, and not Brian Thomas Companies,
Inc., are entirely responsible for, Your User Content, obtaining and
maintaining all rights, licenses, permissions, releases, approvals, clearances,
credit, or attribution information relating to all User Content and paying any
applicable royalties or fees in connection therewith.
By submitting or sending User Content to Brian Thomas Companies,
Inc. or otherwise making User Content available for display on or through the
Web Site, You grant Brian Thomas Companies, Inc., its affiliates, and any third
party suppliers, vendors, contractors, licensors or service providers of Brian
Thomas Companies, Inc. ("Suppliers") the royalty-free,
world-wide, non-exclusive license for Brian Thomas Companies, Inc. and its
Suppliers to use, reproduce, modify, adapt, publish, translate,distribute,
perform and display such User Content (in whole or part) as required to operate
the Web Site.
Brian Thomas Companies, Inc. does not endorse and assumes no
obligation to monitor or filter any User Content posted, or otherwise made
available, on or through the Web Site. However, Brian Thomas Companies, Inc.
(or a designee) reserves the right (but assumes no obligation) to, at its sole
discretion, refuse, edit or remove any User Content, and may take any
reasonable action it deems necessary or appropriate with respect to any User
Content, that, in Brian Thomas Companies, Inc.'s sole judgment, does not comply
with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate
or inaccurate. Brian Thomas Companies, Inc. is not responsible for any failure,
non-failure or delay in refusing, editing or removing such User Content.
User Conduct
You may not upload, post, email or otherwise transmit any User Content on or
through the Web Site that:
(i) is Objectionable;
(ii) contains any viruses, time bombs, Trojan horses, worms or
other computer programming routines that may damage or interfere with the
operations of the Web Site;
(iii) is knowingly untrue, inaccurate or misleading; or
(iv) interferes with the operation of the Web Site in any manner.
"Objectionable" means, as to any information in
any medium or format, including without limitation text, data, graphics, audio
or video, content (or use of the content) that: (a) is defamatory, unlawful, or
plagiarized; (b) a reasonable person would consider harassing, abusive,
threatening, obscene, hate speech, or racially or ethnically offensive; (c)
constitutes a breach of any person's privacy or publicity rights; (d) violates
any statute, regulation or ordinance; or (e) promotes software or services that
deliver unsolicited mail.
You further agree that You will not:
(a) use the Web Site, or any part thereof, to "stalk" or harm
any other User or any other person in any way;
(b) impersonate any person or entity, including, but not limited
to, a Brian Thomas Companies, Inc. officer, director, or representative, or
falsely state or otherwise misrepresent Your affiliation with a person or
entity;
(c) forge headers or otherwise manipulate identifiers in order
to disguise the origin of any User Content transmitted on or through the Web
Site;
(d) disrupt the normal flow of dialogue in a forum;
(e) interfere with or disrupt the Web Site or servers or
networks connected to the Web Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Web Site;
(f) "hack," infiltrate or otherwise seek to gain unauthorized
access to, or compromise the integrity of, the Web Site;
(g) harvest, collect or store information about the Users of
this Web Site or the User Content posted by others on this Web Site or use such
information for any purpose inconsistent with the purpose of this Web Site;
(h) use any automated procedure to gather information or data on
or from the Web Site by means of what is commonly called a "bot" or otherwise;
(i) breach or attempt to breach the security of software,
network, servers, data, computers or other hardware relating to the Web Site or
that of any third party that is hosting or interfacing with any part of the Web
Site, or use or distribute on the Web Site software or other tools or devices
designed to compromise privacy or security; or
(j) create any frames at any other Web sites pertaining to or
using any of the information provided through the Web Site, or promote bonus
items, giveaways, random drawings, contests or prizes on the Web Site.
Linked Sites
Brian Thomas Companies, Inc. may provide links to third parties' Web sites and
access to content, products and services from third parties ("Linked Sites")
from the Web Site. Linked Sites are not reviewed, controlled or examined by
Brian Thomas Companies, Inc. in any way and Brian Thomas Companies, Inc. is not
responsible or liable for the content, availability, advertising, products or
other materials of any such Linked Sites, or any additional links contained
therein. These links do not imply Brian Thomas Companies, Inc.'s endorsement of
or association with the Linked Sites. You should refer to the policies posted
by such Linked Sites regarding data collection, privacy and other topics before
You use them. Brian Thomas Companies, Inc. may refer to or list third parties
on the Web Site who maintain separate web sites. You should refer to the
policies posted by such third parties on their web sites regarding data
collection, privacy and other topics before you use them.
Privacy Policy
All personally identifiable information collected through the
Web Site will be handled in accordance with our Privacy Policy, which is
incorporated by reference into these Terms of Use.
Disclaimer of Warranties
THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE
FOREGOING, BRIAN THOMAS COMPANIES, INC. AND ITS AFFILIATES, SUBSIDIARIES,
AGENTS, SUPPLIERS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS,
OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR
TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE
OF PERFORMANCE, OR OTHERWISE OF THE WEB SITE AND THE WEB SITE CONTENT THEREON;
AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, QUIET
ENJOYMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEB SITE WILL BE SECURE,
UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL BRIAN THOMAS COMPANIES, INC., OR ITS AFFILIATES, SUBSIDIARIES,
AGENTS, SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS, OR SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT,
DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF USE, TRANSACTION LOSSES,
LOSS OF A CHANCE, OPPORTUNITY COSTS, COSTS OF PROCURING SUBSTITUTE GOODS, AND
THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF BRIAN THOMAS
COMPANIES, INC. OR ITS REGISTERED AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
Indemnification
By using the Web Site, You agree to defend, indemnify and hold Brian Thomas
Companies, Inc., and its affiliates, subsidiaries, agents, Suppliers and their
respective employees, contractors, directors, officers, and shareholders
harmless from any and all claims, demands, losses, liabilities, costs and
expenses, including reasonable attorneys' fees, arising in any way from Your
use of the Web Site, any violation of these Terms of Use by You, or any User
Content You post on or through the Web Site.
Copyright Infringement
If You believe that any content on the Web Site has been copied in a way that
constitutes copyright infringement, or Your intellectual property rights have
been otherwise violated, please notify our us at
Copyright Agent.
Applicable Laws/Jurisdiction
We control and operate this Web Site from our offices in the United States of
America. Persons who choose to access this Web Site from other locations do so
on their own initiative. You are responsible for compliance with all statutes,
rules, regulations and policies of all applicable worldwide jurisdictions and
the instrumentalities and political subdivisions thereof.
The laws of the state of California, excluding its
conflicts-of-law rules, shall govern these Terms of Use and Your use of the Web
Site. You agree that any claim or dispute with Brian Thomas Companies, Inc. or
relating in any way to Your use of the Web Site shall be commenced and heard in
the courts of the State of California, County of San Bernardino, and You agree
and expressly consent to the exercise of personal jurisdiction in the courts of
the state of California, in connection with any such dispute. Any claim arising
out of or relating to these Terms of Use shall be brought within two (2) years
of the date on which the claim arose (which may not be deemed earlier than the
date the party bringing the claim knew, or should reasonably have known, that
such cause of action had arisen), or such claim shall be waived and forever
barred.
Changes to Terms of Use and Web Site
Brian Thomas Companies, Inc. may change these Terms of Use from time to time
and at any time, and without actual notice to You. All such changes to these
Terms of Use will appear on this page of the Web Site. We encourage You to
check for changes to these Terms of Use regularly. By using the Web Site
following any modifications to these Terms of Use, You agree to be bound by any
such modifications to these Terms of Use. These Terms of Use were last revised
on July 23, 2003. Unless explicitly stated otherwise, any new features that
augment or enhance the current Web Site shall be subject to these Terms of Use.
General
If any provision of these Terms of Use is held to be invalid or unenforceable,
in whole or in part, such holding shall not affect the validity or
enforceability of the other provisions of these Terms of Use, and any part of
such provision not held invalid or unenforceable shall remain in effect. If
such holding of invalidity or unenforceability is based on a measure of
liability, performance or time set as a standard in the Terms of Use, such
provision shall be replaced by a legally valid measure of liability,
performance or time which is as close as possible to that originally specified.
Brian Thomas Companies, Inc.'s failure to act with respect to a breach of these
Terms of Use by You does not constitute a waiver of its right to act with
respect to subsequent or similar breaches. These Terms of Use and the Brian
Thomas Companies, Inc. Privacy Policy, and any modifications thereto,
constitute the entire agreement between the parties with regard to the Web Site
and supersede all prior understandings and agreements, whether written or oral,
as to such subject matter. Nothing contained in these Terms of Use shall be
deemed to constitute either party as the agent or representative of the other
party, or both parties as joint venturers or partners for any purpose. You
acknowledge (a) that You have read and understood these Terms of Use; and (b)
that these Terms of Use have the same force and effect as a signed agreement.
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