|
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY
USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE
TO
THESE TERMS
OF USE, PLEASE DO NOT USE THIS SITE.
- General. This site is owned and operated by Thorbardin Ranch,
LLC. (referred to as "Ranch" or "TBR"). TBR
has the right at any time to change or discontinue any aspect or
feature
of the site, including, without
limitation,
the content, hours of availability, and equipment needed for access or
use of the site.
- Equipment. You shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access
to and use of the site
and all charges related thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post
or transmit through the site any material which violates or infringes
in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable,
which encourages conduct that would constitute a criminal offense,
gives rise to civil liability or otherwise violate any law. Without
TBR's express prior
approval, you shall not post or transmit through the site any material
which contains advertising or any solicitation with respect to products
or services.
You shall not use the site to advertise or perform any commercial solicitation,
including, without limitation, the solicitation of users to become
subscribers of other on-line information services competitive with
the site. Any conduct
by you that in TBR's discretion restricts or inhibits any other user
from using or enjoying the site will not be permitted.
- The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software,
photos, video,
graphics, music
and sound, and the contents of the site are copyrighted under the United
States copyright laws. You may not modify, publish, transmit, display,
participate
in the transfer or sale, create derivative works, or in any way exploit,
any of
the content, in whole or in part. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial
exploitation of downloaded material will be permitted without the express
written permission of TBR and the copyright owner. In the event of
any permitted copying,
redistribution or publication of copyrighted material, no changes in
or deletion of author attribution, trademark legend or copyright
notice shall be made and
no ownership rights shall be transferred.
- You shall not e-mail, upload, post or otherwise make available
on the site any material protected by the copyright, trademark, or
other proprietary right
without the express permission of the owner of the copyright, trademark,
or other proprietary right and the burden of determining that any
material is
not protected
by copyright rests with you. You shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights,
or any other harm
resulting from such a submission. Subject to TBR's policies regarding
privacy, any e-mails,
notes, message/billboard/forum postings, ideas, suggestions, concepts
or other material submitted will be treated as non-confidential and
non-proprietary
and will become the property of TBR throughout the universe. By submitting
material
to TBR, you automatically grant, or warrant that the owner of such
material has expressly granted TBR the royalty-free, worldwide, perpetual,
irrevocable,
non-exclusive
right and license to use, reproduce, modify, adapt, publish, display,
translate and distribute such material (in whole or in part) and/or
to incorporate it
in other works in any form, media or technology now known or hereafter
developed. You also permit any other user of the site to access,
view, store or reproduce
the material for that user's personal use. You grant TBR the right
to edit, copy,
display, publish and distribute any materials made available on the
site by you.
- The foregoing provisions of Section 3 are for the benefit of
TBR, its subsidiaries, affiliates 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.
-
Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER TBR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE
OBTAINED
FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED
THROUGH THE SITE.
-
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE
NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
-
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION,
DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR
USE
OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING
STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE
FULLEST EXTENT
PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY
NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT TBR IS NOT LIABLE
FOR THE
DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH
IT HAS NO CONTROL.
-
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL TBR'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
- Monitoring. TBR shall have the right in its sole discretion to
refuse to post or remove any material submitted to or posted on
the site. Without
limiting
the
foregoing, TBR shall have the right to remove any material that
TBR, in its sole discretion, finds to be in violation of the provisions
hereof
or otherwise
objectionable.
- Indemnification. You agree to defend, indemnify and hold harmless
TBR and its affiliates and their respective directors, officers,
employees
and agents
from and against any and all claims, actions, demands, damages,
costs, liabilities, losses and expenses (including reasonable
attorneys' fees)
arising out of your
use of the site.
- Trademarks. TBR and Thorbardin Ranch and each of their logos
are trademarks of Thorbardin Limited Liability Company. All
rights reserved. All other
trademarks appearing on the site are the property of their
respective owners.
- Third Party Content. TBR is not a publisher of content supplied
by third parties and users of the site. Accordingly, TBR
has no more editorial control
over such
content than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other
information
or content expressed
or made
available by third parties, including information providers
and users, are those of the respective author(s) or distributor(s)
and not of TBR.
In many
instances,
the content available through the site represents the opinions
and judgments of the respective information provider or user.
TBR neither endorses nor
is responsible for the accuracy or reliability of any opinion,
advice or statement
made on the
site by anyone other than authorized TBR employee spokespersons
while acting in their official capacities.
- Viruses. TBR also assumes no responsibility, and shall
not be liable for, any damages to, or viruses that may
infect, your computer
equipment
or other
property on account of your access to, use of, or browsing
in the Site or your downloading of any materials, data,
text, images,
video, or audio
from the
Site.
- Export Control. Software and other materials from this
Site may also be subject to United States Export Control.
The United
States Export Control
laws
prohibit
the export of certain technical data and software to
certain territories. No software from this Site may be downloaded
or exported (1) into
(or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria,
or any other country to which the Unites States has embargoed
goods;
or (2) anyone on
the Unites
States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce
Department's Table of Deny Orders. TBR does not authorize
the downloading or exportation of any software or technical
data
from this Site
to any jurisdiction
prohibited by the United States Export Laws.
- Business Associates. The business associates of TBR
identified on this Site are independent contractors
of TBR. The business
associates are not
joint venturers
or partners of TBR. No employee or representative of
the business associates is under the control of TBR.
- Changed Terms. TBR has the right at any time to
change or modify the terms and conditions applicable
to use
of the site,
or any
part thereof,
or to impose
new conditions, including, without limitation, adding
fees and charges for use. Such changes, modifications,
additions
or deletions
shall be effective
immediately
upon notice thereof, which may be given by any means
including, without limitation,
posting on the site, or by electronic or conventional
mail, or by any other means. Any use of the site
by you after
such notice
shall be deemed to
constitute acceptance
of such changes, modifications, additions or deletions.
- Miscellaneous. These terms of use constitute
the entire agreement of the parties with respect
to the
subject matter
hereof and
supersede all
previous
written or oral agreements between the parties
with respect to such subject matter. These terms of use
shall be construed
in
accordance with the laws
of the State
of Wyoming, without regard to its conflict of laws
rules. You hereby consent to the personal jurisdiction
of the
State of
Wyoming, acknowledge
that
venue is proper in any state or Federal court in
the State of Wyoming, agree that
any action related to these terms of use must be
brought in a state or Federal court
in the State of Wyoming, and waive any objection
that may exist, now or in the future, with respect
to any
of the
foregoing. No waiver by either
party
of any
breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or
default.
The
section headings
used herein are for
convenience only and shall not be given any legal
import.
- The TBR Web site incorporates links to other
Web sites. TBR does not in any way endorse, nor
is it responsible
for, the content
on those other
Web
sites.
|