YOUR USE OF THIS WEBSITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
Website Use Agreement
By accessing This Website (including extensions thereof) you are entering into this Website Use Agreement (“Agreement”) with Boonie Brothers INC. (“Boonie Brothers”) and , Keefer Media, LLC. (“Keefer Media”) and any company that is directly or indirectly controlled by, or under common control with Boonie Brothers or Keefer Media (collectively, “Boonie Brothers”), and you agree to be bound by the terms of this Agreement. This Agreement includes the terms and conditions set forth herein, This Website’s Privacy Policies (which are referenced and hyperlinked here and incorporated herein by reference) and any other terms incorporated by reference herein.
Changes to This Agreement
Boonie Brothers reserves the right to change any of the terms of This Website Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit This Website (or such other site accessible by clicking on the Website Use Agreement link in the footer of This Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use This Website after changes are posted, you accept the changes and agree to them. If you do not agree to the terms of this Agreement, you must immediately stop use of This Website. If you remain on This Website, you agree to be bound by this Agreement.
Copyright Notice Copyright 2014 Boonie Brothers, Inc. All rights reserved.
Designated Agent for Digital Millennium Copyright Act Claims Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Boonie Brothers’s systems or networks, should be promptly sent in the form of written notice to Boonie Brothers’s Designated Agent Email: firstname.lastname@example.org All claims must include the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 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; 3. 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; 4. 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; 5. 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 6. 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.
Registration and Profile
Most Websites do not require registration in order to visit. However, in order to access certain features of specific Websites, including posting a comment, you may be required to register with the Website and create a “Profile” account. Your Profile account allows you access to the services and functionality of the Website to post a question, answer, article, comment or review and any other services and functionality that we may establish and maintain from time to time in our sole discretion. When creating your Profile, you must provide accurate information. You may receive a password and account designation upon completing your Profile. You must not allow someone else to use your Profile, nor can you use someone else’s Profile. You must keep the password to your Profile secure and you must notify Boonie Brothers immediately of any unauthorized use of, or security breach connected with, your Profile. You are responsible for all answers, articles, comments and reviews posted from, or any other activity connected with, your Profile. Boonie Brothers is not liable for any losses caused by any unauthorized use of your Profile; however, you are liable to Boonie Brothers for any losses to Boonie Brothers or others caused by such unauthorized use. In order to create a Profile account and post answers, articles, comments or reviews, you must be at least 18 years of age and be fully able and competent to enter into, agree to, and comply with, this Agreement. By providing your e-mail address, you consent to us using the e-mail address to send you notices related to the Website(s), including any notices required by law.
Use of Information
This Website and all portions thereof, including all content therein, are the sole and exclusive property of Boonie Brothers and/or its licensors. Provided you agree and comply with the terms of This Website, you are permitted to view and use a single copy of This Website for your personal, non-commercial use, provided, however, that you may not publish, sell, exploit, modify, distribute, perform, or create derivative works from or further duplicate any part of This Websites unless expressly authorized by Boonie Brothers or its affiliates in writing. You agree that you will not remove or modify any acknowledgements, credits, or legal notices contained on the websites. Use of This Website to solicit or market to businesses that appear on the website is strictly prohibited. In addition, use of this Website in any way not expressly permitted by this Agreement is prohibited and may be actionable under United States or international law. You may not display This Website in frames or utilize any other techniques to display This Website (or any content on This Website) without the prior express written consent of Boonie Brothers. You may not use any meta tags or any other “hidden text” utilizing Boonie Brothers’s name or trademarks without the prior express written consent of Boonie Brothers. You may not use Boonie Brothers’s domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This Website. You may not link to This Website, without Boonie Brothers’s prior consent, which consent may be withdrawn by Boonie Brothers at any time, with or without notice, in Boonie Brothers’s sole discretion. You agree not to use or permit others to use This Website in ways that (i) violate any applicable law or regulation or any of our policies, (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment of our network or other networks. You agree to cooperate with Boonie Brothers and provide requested information in connection with all security and use matters relating to This Website and to notify us promptly if you suspect unauthorized use of This Website or your account. Boonie Brothers reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include the provision of account or user information or email and monitoring our network and/or the networks of our third party licensors, suppliers and providers. Documents published by Boonie Brothers on This Website may contain other proprietary notices or describe products, services, processes or technologies owned by Boonie Brothers or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Boonie Brothers or any third party. Except as expressly granted under this Agreement, all rights are reserved by Boonie Brothers. You acknowledge that Boonie Brothers does not provide professional advice and you agree that you will not use This Website as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal, or other professional.
Wireless Access and SMS
You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of the websites and you agree that you are solely responsible for such fees. Similarly, by using the Send to Phone feature, you or the recipient of your message may incur SMS, data, and/or messaging fees (“Msg&Data Rates May Apply”), and you agree that you are solely responsible for such fees. To opt out of receiving SMS messages at any time, text STOP to 339669. To receive more information, text HELP to 339669. Not all handset models are supported. Supported carriers may include AT&T, Boost Mobile, Cellcom, Cellular South, Dobson/Cellular One, nTelos, Sprint, Suncom, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile.
Data Mining Prohibited
You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from This Website, without Boonie Brothers’s prior consent, which consent may be withdrawn by Boonie Brothers at any time, with or without notice, in Boonie Brothers’s sole discretion.
Trademarks and Service Marks
The Boonie Brothers® name and logo, and all other related product and service names, logos and slogans are trademarks and service marks of Boonie Brothers or one of its affiliates and may not be used in any manner without the prior written consent of Boonie Brothers or the affiliate that owns any such mark(s). The Boonie Brothers™ and all other related product and service names, slogans and logos are trademarks/service marks of Boonie Brothers or one of its affiliates and are protected by trademark laws of the United States and other countries. Unauthorized use of any Boonie Brothers trademark, service mark, or logo may be a violation of federal and state trademark laws. All other trademarks and service marks are third-party trademarks or service marks and are the property of their respective owners and cannot be used without permission. Third-party trademark references herein do not constitute or imply affiliation, endorsement or recommendation of Boonie Brothers or its affiliates by the respective trademark owners.
Consent to Monitoring
Boonie Brothers is under no obligation to monitor the information residing on or transmitted to This Website. However, anyone accessing This Website agrees that Boonie Brothers may monitor the contents of This Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate This Website properly or to protect itself and its users. Boonie Brothers reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to This Website (or the server(s) that host This Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. This Website and any Third Party Site (see “Disclaimer of Endorsement/Linked Sites,” below) may contain content provided by advertisers or other third parties that may not be suitable for children. Boonie Brothers asks parents or legal guardians to assist Boonie Brothers by supervising the activities of children at This Website. Boonie Brothers does not knowingly collect personal information from children through This Website.
Information and Content Provided by You
“User Provided Content” means information, content and other material that any user of This Website submits or otherwise provides to Boonie Brothers (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of This Website submits or otherwise provides Boonie Brothers with User Provided Content, such User Provided Content will be deemed to be non-confidential, and Boonie Brothers assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content). Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Content (as defined in any Marketing Services Agreement between you and Boonie Brothers) that you provide to Boonie Brothers in connection with such Marketing Services Agreement. You grant Boonie Brothers and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to Boonie Brothers, in whole or in part, in such manner, format and media as Boonie Brothers may see fit in its sole discretion and for such purposes as Boonie Brothers may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to Boonie Brothers in this paragraph, subject to such terms and conditions as Boonie Brothers may deem appropriate in its sole discretion, without compensation to you. Without limiting the preceding paragraph, the submission or provision of User Provided Content to Boonie Brothers will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by Boonie Brothers for any purpose whatever. You represent and warrant that you have the right and authority to grant Boonie Brothers the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by Boonie Brothers or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) your posting of the User Provided Content is in compliance with the Digital Conduct Standards and the Editorial Policies (e) you are at least 18 years old, and (f) use of such User Provided Content will not cause injury to any person or entity. You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, This Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files. You agree and understand that Boonie Brothers may, in its sole discretion for any reason, and without any prior notice or liability, delete, edit, move or reject any files that you may maintain at This Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at This Website because Boonie Brothers will not undertake to retain copies of any material that Boonie Brothers or others may delete from This Website.
Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. Boonie Brothers AND ITS AFFILIATES ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE. IN NO EVENT SHALL Boonie Brothers OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (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 WEBSITE, 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 LEGAL THEORY, REGARDLESS OF WHETHER Boonie Brothers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. No Warranties Any material on This Website may include technical or other inaccuracies or typographical errors. THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. Boonie Brothers AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY Boonie Brothers, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER Boonie Brothers NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER Boonie Brothers NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE 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, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (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 WEBSITE, OR (4) THE INTERNET GENERALLY. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Disclaimer of Endorsement /Linked Sites
Security / No Disruption
You agree that you will comply with any security processes and procedures (such as passwords) specified by Boonie Brothers with respect to access to or use of This Website. Further, you agree not to access or attempt to access any areas of or through This Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Boonie Brothers. You agree that you will not disrupt the functioning of This Website or otherwise act in a way that interferes with other users’ use of This Website.
Access / Failure to Comply
Boonie Brothers has the right to terminate, suspend or restrict your access to This Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access This Website. Boonie Brothers also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement. You agree, at your own expense, to indemnify, defend and hold Boonie Brothers (and its subsidiaries and affiliates (and their respective, officers, directors, agents, employees service providers and third parties providing content on This Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through This Website (including, without limitation, Boonie Brothers’s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on This Website, or (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through 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 any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).
Waiver of Class Action and Jury Trial and Consent to Binding Arbitration
In any legal proceeding relating to this Agreement, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to this Agreement shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.
Boonie Brothers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, This Website or any portion thereof with or without notice. You agree that Boonie Brothers shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the websites. You and Boonie Brothers agree that the substantive laws of the state of Texas, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND Boonie Brothers CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN MONTGOMERY COUNTY, PENNSYLVANIA, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or claim you may have with respect to This Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 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 should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Boonie Brothers with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by Boonie Brothers as set forth in the Section of this Agreement entitled “Changes to This Agreement”, or (b) by written agreement signed by a Boonie Brothers executive. Any terms varying from this Agreement in any written, electronic or other communication from you are void. Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Copy (as defined in any applicable Marketing Services Agreement or any Boonie Brothers-provided Terms or Addendum) or other information, content or other material submitted or otherwise provided by you through This Website that is the subject of a Boonie Brothers-provided preprinted agreement or a clickwrap agreement on a website owned by Boonie Brothers (other than this Agreement).