Sam Whittaker | Mar 11, 2021 | 0
Terms and Conditions
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms and Conditions. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms and Conditions. These Terms and Conditions are subject to change without notice. If you do not agree with or do not accept any part of these Terms and Conditions, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms and Conditions. You should review the Terms and Conditions periodically to determine if any changes have been made.
Company has made every effort to ensure that all information on the Website is true and accurate as of the date of posting. Given the nature of the information, prices and availability may not be accurate when you access the information.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website.
The Website is for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material it creates that is presented on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for personal use and caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company or its specific online property.
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Company’s express written permission.
All original materials provided by Company are owned by Company. Any original materials are provided for your individual, non-commercial use only. You are not authorized to use or transfer any of Company’s intellectual property except as permitted by Company either in writing or as allowed by the functionality of Website features. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Website constitute Company’s intellectual property, but not limited to, patents, trademarks, service marks, trade secrets, trade dress, and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of Company IP.
All of Company’s trademarks, whether registered or not, are protected by United States trademark law.
You acknowledge and agree that in the event of certain breaches of the Terms and Conditions, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Website will legally utilize copyrighted materials owned by third parties related to Company’s services. These copyrights are the respective property of their owners.
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Boureston Media Inc., any online properties owned or managed by Company, or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, Company endeavors to ensure that all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (i.e., cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for site to earn advertising fees by advertising and links to Amazon.com. As an Amazon Associate, Company earns from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
Company is also a participant in the affiliate programs run by Commision Junction, ShareASale, Pepper Jam Network, Rakuten LinkShare, Viglink, Huckberry, Monthly Clubs, and many others. Brands are constantly dropping in and out of different affiliate programs, so a full list of the brands we have an affiliate relationship with would be next to impossible.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, and comments. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website, you represent that you have the right to grant these permissions for use of such content by Website, Company and Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party. The accuracy, completeness, honesty, factuality, and politeness of comments are not guaranteed.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms and Conditions, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website and is not responsible for such content. By commenting on the Website, you grant the Company a world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your comments (in whole or in part) and to incorporate your comments into other works in any format or medium now known or later developed.
Company’s Website and associated social platform accounts may offer the option for you to leave comments or otherwise engage with posts. The following types of comments will not be tolerated and will be deleted:
- Copyrighted content which you do not own or have the legal right to use
- Rude or disrespectful content
- Harassment directed toward any content creator or Company
- Hate speech
- Defamatory to Company or any third party
- Reference illegal acts
- Violate the legal rights of a third party
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
From time to time, the Website will publish content with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner whenever possible. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request via our Contact Page and we will remove the image as soon as is practicable.
If you send Company an email, register for our email communication, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms and Conditions and policies for any third-party website that relates to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
The Website does not knowingly collect any personally identifiable information from children under the age of 18. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 18 in its database, please contact us immediately via our Contact Page and we will use our best efforts to promptly remove such information from our records.
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, or the information and materials provided therein.
Company makes no warranty the Website will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS
WEBSITE OR THE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
WAIVER OF LIABILITY FOR PRODUCTS OR SERVICES RECOMMENDED
You understand that products offered on the Website may contain materials that could be dangerous if handled improperly, and you acknowledge that the Company is not liable for any personal injury or property damage arising from any use or misuse of any products you acquire as the result of a recommendation through the Website. In addition, you acknowledge that it is your sole responsibility to evaluate and undertake appropriate due diligence before signing up or purchasing any service recommended through the Website. You further acknowledge that products and services may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products or services. You hereby agree not use products or services for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms and Conditions (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Terms and Conditions will be governed and construed in accordance with the laws of the state of Texas without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms and Conditions, or the breach thereof, shall be settled by
arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Frisco, Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Terms and Conditions. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
If any provision(s) of the Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
The Terms and Conditions may not be assigned by you without Company’s prior written consent, however, the Terms and Conditions may be assigned by Company in its sole discretion.
The Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the Website offered by, and the Products sold by Company.
The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms and Conditions by Website or
Company must be in writing and signed by an authorized representative of the Company.
If you have questions about these Terms and Conditions or need to reach us for any reason, please visit our Contact Page.
Last Updated: April 14, 2021