Revised October 17, 2012
GENERAL USE OF THE WEB SITE – WHAT YOU CAN AND CANNOT DO
Company is committed to providing you access to content that is relevant to your BetterBNC.com experience. Company ask that you be a good community citizen and not do any of the following:
GENERAL USE OF THE WEB SITE – WHAT COMPANY MAY DO
The Web Site is provided to you to make your BetterBNC.com experience as helpful as possible. Thus, the Web Site will contain content provided by Company and other third party providers, including content provided by a Sanctioning Party. Company will screen as much of the content as Company can in its sole discretion, but you agree that all content is provided “AS IS” and acknowledge that you assume all risk in your review and reliance of all content, including your participation in any contest in any capacity.
GENERAL USE OF THE WEB SITE – WHEN COMPANY MAY TERMINATE YOUR ACCESS
YOU AGREE THAT YOUR USE OF THE WEB SITE, INCLUDING ANY ACCESS TO ANY CONTENT, FEATURES AND FUNCTIONS OF THIS WEB SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE WEB SITE, ITS CONTENTS, FEATURES OR FUNCTIONS FOR ANY PURPOSE. USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT, PRODUCTS OR SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THE WEB SITE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FURTHER, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND ALL LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF COMPANY WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR MALFUNCTIONS OF OR SECURITY BREACHES OF OR USE OF COMPANY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM COMPANY WEB SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH COMPANY WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR INABILITY TO USE THIS WEB SITE OR ITS CONTENT, FEATURES AND FUNCTIONS, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONDUCT RELATED TO YOUR PARTCIPATION IN ANY CAPCITY IN ANY SANCTIONING PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT THE ABOVE LIMITATIONS ARE NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, COMPANY SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN ANY FEES YOU HAVE PAID TO COMPANY IN THE LAST CALENDAR YEAR OR IF YOU HAVE NOT PAID ANY FEES TO COMPANY, TO ONE HUNDRED DOLLARS ($100.00 USD).
OTHER THINGS YOU SHOULD KNOW
Third Party Websites
Company does not claim any ownership interest in any submissions you make through this Web Site to any Sanctioning Party, including any copyright thereto. Notwithstanding the foregoing, you are responsible for knowing the Sanctioning Party rules and terms of any contest that may relate to any submission and may affect your ownership rights in a submission.
COPYRIGHT INFRINGEMENT – NOTICE UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium copyright Act (DMCA) by providing the Company copyright agent with the following information in writing:
The Company’s designated agent for notice of claims of copyright or other intellectual property infringement is as follows:
217 W Cota St.
Shelton, WA 98584