Terms & Conditions
Last Updated: December 14, 2012
By using our web site or our co branded or derivative sites (collectively, the “Sites”) you:
- Certify that you are at least 18 years of age, and that, if you are acting on behalf of another person, you are authorized to do so, including to contractually bind the person
The content and operation of the Sites is protected by U.S. and international copyright and other intellectual property laws. The Sites are supported by software and hardware systems, and contain copyrighted material, trademarks, service marks, patents, and other proprietary rights and information, including text, data, images, and “look and feel”; all graphical and navigational elements; and the compilation, arrangement, structure, and sequence of all components and content (collectively “Proprietary Materials”). The posting of information or other content on the Sites does not constitute a waiver or a transfer of any of our rights in the Proprietary Materials, except as expressly permitted by us.
Use of the Network
Without limiting the foregoing, you agree not to:
- reverse engineer, decompile, reverse compile, translate, adapt, or disassemble the Network, or any part of it;
- copy the Network, or any part of it;
- publish, transmit, display, modify, store, participate in the transfer or sale of, create derivative works, or in any way exploit the content of the Network, or any part of it, except for your individual and non commercial purposes;
- use the Network in any fashion that may infringe any of our, our third party providers’, or any other third party’s patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights;
- access the Network by any means other than through the interface that we provide to you for use in accessing the Network;
- initiate any communication, routine, software, or device that adversely affects the operation of the Sites;
- use the Network or any other means to disrupt or interfere with the hardware or software operating Network;
- place any communication or software, such as cookies, spyware, robots, or viruses, on the Sites;
- obtain account or personal information relating to the Sites or customers that you are not authorized to obtain;
- submit any information that violates your representations in “Submission of Information” below; or
- take any other action that would constitute a violation under “Security Violations.”
You shall not violate or attempt to violate the security of the Network. Without limiting the foregoing, you shall not, with regard to the Network:
- access or obtain data, information, or materials that you are not authorized to obtain or access;
- log into a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; or
- interfere with, or attempt to interfere with, service to any user, host or network, including, without limitation, by means of submitting a virus to the Sites, or by overloading, hacking, spamming, “gatoring,” “flooding,” “mailbombing,” or “crashing” the Sites.
The above prohibitions and your use of any “spyware,” or tools, programs, robotic algorithms, or products to automatically download or “spider” the Sites, or any pages in the Sites, infringe Proprietary Materials and are expressly prohibited. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in violations.
Indemnification By User
You agree to defend, indemnify and hold harmless Beyond the Creek and its subsidiaries, affiliates, agents, co-branders and their officers, directors, employees and agents (the “Parties”) from and against any claims and expenses, including attorneys’ fees, arising out of or relating to:
- your use of (or inability to use) the Network;
- any termination or removal of your account with us; or
- any use by the Parties of your Submitted Content.
Links to Other Web Sites
The Sites contain links to other web sites controlled or offered by third parties (“Linked Sites”). Our inclusion of a link to a Linked Site does not imply approval or endorsement of the Linked Site or any products or services offered on the Linked Site. We are not responsible for the content, accuracy, reliability, or opinions expressed in the Linked Sites. We have not investigated or monitored the Linked Sites for accuracy or completeness. The Linked Sites may have different privacy policies and security standards from ours. We are not responsible if any offer terms shown on the Sites differ from those shown on the Linked Site.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE NETWORK IS AT YOUR SOLE RISK.
ALL INFORMATION, PRODUCTS, AND SERVICES OBTAINED FROM THE NETWORK OR FROM A LINKED SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, DATA, ACCURACY, MERCHANTABILITY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE NETWORK OR ANY LINKED SITE:
- WILL MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS;
- WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR COMPLETE;
- WILL MEET YOUR EXPECTATIONS ABOUT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH SUCH SITES; OR
- THAT WE WILL CORRECT ANY ERRORS CONTAINED THEREIN.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE NETWORK OR LINKED SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY TO ANY PERSON CAUSED BY ERRORS, OMISSIONS, INTERRUPTIONS, FAILURE OF PERFORMANCE, DOWN-TIME OR UNAVAILABLITY OF THE SITES, SECURITY VIOLATIONS, VIRUSES, LOSS OR ALTERATION OF TRANSMISSIONS, ILLEGAL CONDUCT OF OTHER USERS AND THIRD PARTIES, OR UNAUTHORIZED ACCESS TO OR THEFT OR DESTRUCTION OF YOUR ACCOUNT OR SUBMITTED INFORMATION.
WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES LOSSES, COSTS OR EXPENSES OF ANY KIND, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, COSTS OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY, COST OF CAPITAL, LOSS OF GOODWILL, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS, OR EXPENSES.
SUBJECT TO THE FOREGOING, OUR CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, OR THE NETWORK (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) SHALL BE LIMITED TO THE LESSER OF ANY AMOUNT PAID BY USERS TO US FOR ACCESSING THE SITE OR DIRECT DAMAGES ACTUALLY INCURRED BY THE CLAIMANT UP TO $50.00
SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IF ANY OF THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE NETWORK, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.