Terms & Conditions

TERMS AND CONDITIONS OF USE

Read These Terms and Conditions Carefully Before Using This Web Site

  1. Agreement to Abide by Terms and Conditions. This web site is provided by Bar Bom, LLC ( the “Company”). These terms and conditions of use govern your use of this web site and are a legally binding contract between the Company and you. By viewing or using the contents of this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
  2. Personal and Noncommercial Use. Subject to these terms and conditions, the Company grants you a license to use, view, and/or display the contents of this web site for your personal and noncommercial purposes, provided you retain all copyright and other proprietary notices on any such web site content. No part of the content of this web site may be used in any other manner or for any other purpose without the prior written consent of the Company. This license is limited, non-exclusive, and revocable by the Company at any time for any or no reason. This license does not transfer to you any title or other legal rights in or to any of the contents of this web site. You may not modify any of the content of this web site. You may not distribute any content to any other person unless the recipient has been given notice of and agrees to accept and abide by these terms and conditions.
  3. DISCLAIMER OF WARRANTIES. THE CONTENT OF THIS WEB SITE MAY CONTAIN INACCURATE INFORMATION OR TYPOGRAPHICAL ERRORS AND MAY BE CORRECTED, CHANGED, OR UPDATED AT ANY TIME BY THE COMPANY WITHOUT NOTICE TO YOU. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THIS WEB SITE. THE CONTENT OF THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OF SERVICE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER DESTRUCTIVE ELEMENT, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE CONTENT OF THIS WEB SITE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
  4. LIMITATION OF DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR OTHER DATA) THAT ARE RELATED TO THE USE, INABILITY TO USE, CONTENT, OR FUNCTION OF THIS WEB SITE, REGARDLESS OF THE COMPANY’S KNOWLEDGE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF DAMAGES IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEB SITE OR THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED U.S. DOLLARS ($100.00).
  5. Indemnity. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, members, directors, employees, agents, suppliers, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use or any activity related to your use of this web site by you or any other person accessing the web site using your account or password.
  6. Privacy Policy. You may view the Company’s privacy policy on this web site, the terms of which are incorporated herein by reference. Except as otherwise provided in the Company’s privacy policy, you agree that any information provided by you or individuals acting on your behalf will not be considered confidential or proprietary.
  7. Links to Other Web Sites. The Company may provide links to third-party web sites of interest to you throughout this web site. You acknowledge that the Company has no control over third party web sites and the Company is not directly or indirectly responsible or liable for the content, security, or privacy practices of, nor the actions of, the persons or entities which control such third-party web sites. The inclusion of any such link does not imply any endorsement by the Company of any third party web site. If you decide to visit any third-party web site, you do so at your own risk and it is your responsibility to take all necessary protective measures to guard against viruses or other destructive elements.
  8. Third Party Sales of Products and/or Services. The Company may, from time to time, utilize various third parties who are not affiliated with the Company to sell products and/or services through links which appear on this web site. Those links to other web sites where such products and/or services are available shall be governed by the terms and conditions of use of those web sites. The Company is not a party to any transactions between you and these third parties and is not responsible for the performance or nonperformance of any such transactions or for any defects in the products and/or services which are purchased from such third parties. Use of this web site constitutes acknowledgement of the limited role of the Company in such transactions and a waiver of any claims against the Company arising out of any such transactions effected through this web site. THE COMPANY MAKES NO ENDORSEMENT OR WARRANTY OF ANY KIND WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES WHICH ARE OFFERED FOR SALE BY THIRD PARTIES THROUGH THIS WEB SITE OR WITH RESPECT TO ANY TRANSACTIONS ENTERED INTO WITH THIRD PARTIES THROUGH THIS WEB SITE.
  9. Third Party Content. The Company may, from time to time, utilize various third-party content providers who are not affiliated with the Company to provide content which appears on this web site. Those areas of the web site where such content is available shall be governed by the terms and conditions of use of those third-party content providers.
  10. User Names and Passwords. Certain portions of this web site may be accessible only through the use of user names and passwords. You will select a user name and a password for your exclusive use in accessing such portions of the web site. You shall not disclose your user name or password to, or permit use of this web site by, any other person. You shall take such steps as are necessary to ensure that you keep your user name and password confidential. You may change your password at any time; however, for your protection the Company reserves the right to request written verification of any change of password and reserves the right to suspend your access to such portions of this web site until the Company has independently verified your desire to change your password. You agree to accept responsibility for all activities that occur and all obligations which are incurred under your user name or password. You shall immediately notify the Company in writing of any unauthorized use of your user name, password, this web site, or any other breach of security. The Company reserves the right at any time in its sole discretion to terminate your user name or password for any reason or no reason.
  11. Accuracy of Information You Submit. In order to use certain portions of this web site, you may be required to fill out forms online. You agree to provide current, complete, true, and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If the Company suspects that such information is not current, incomplete, untrue, or inaccurate, the Company may refuse you access to such portions of this web site and pursue any appropriate legal remedies.
  12. Nature of Information You Submit. You agree that you shall not provide any information that is defamatory, offensive, threatening, obscene, harassing, illegal, or otherwise unlawful or that is infringing upon or incorporates the proprietary information of others.
  13. License Regarding Information You Submit. Except as otherwise provided in the Company’s privacy policy, you grant the Company an irrevocable, worldwide, royalty-free license to adapt, broadcast, change, copy, disclose, display, distribute, license, perform, post, publish, reproduce, sell, transmit, or use any material which you submit to this web site anywhere in the world, in any medium, forever. Furthermore, the Company is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that the Company is not obligated to use any such ideas or materials and you have no rights to compel such use.
  14. Consent to Use of Electronic Mail. When you visit or use this web site, you consent to receive communications from the Company by electronic mail messages. You agree that all notices, agreements, and other communications which the Company provides to you electronically satisfy any applicable legal requirement that such communications be in writing.
  15. Security and Encryption. Internet transmissions are never completely private or secure. You understand that any message or information you send to this web site may be read or intercepted by others, unless there is a special notice from the Company that a particular message (for example, credit card information) is encrypted (sent in code).
  16. Hacking and Viruses. You shall not violate or attempt to violate the security of this web site. Accordingly, you shall not access data or materials not intended for you, log into a server or account which 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 without proper authorization, or attempt to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. The Company reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses and other destructive elements that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation which may be transferred to your computer via this web site.
  17. Consent to Monitoring. The usage of and access to this web site is monitored. The Company may, for statistical and security purposes, monitor and log the URL which requests access to this website, the identification of the computer which originates the request, and the time of the request. Use of this web site constitutes consent to such monitoring.
  18. Suspension or Termination of Web Site. The Company reserves the right, at any time and from time to time, to suspend or terminate all or any portion of this web site, including the availability of any features of the web site, and to suspend or terminate any one or more of the licenses or rights granted herein. The Company may also impose limits on certain features and services of or restrict your access to all or any portion of this web site without notice or liability.
  19. Copyrights, Trade Names, and Trademarks.All of the content of this web site, including, without limitation, text, graphics, logos, button icons, images, and audio clips, are the property of the Company or its licensors and are protected by U.S. and international copyright, trademarks, and other proprietary rights and laws. The “look and feel” of this web site, including, without limitation, color combinations, button shapes, layout, and all other graphical and navigational elements, are trademarks and proprietary trade dress of the Company. This web site also contains other registered and common law trademarks of the Company in addition to those listed above.The Company has implemented procedures for receiving written notification of claimed infringements and for processing such claims. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to us by mail:
    Bar Bom, LLC
    1029 N. Jackson St., Apt. 1210
    Milwaukee, WI 53202

    That notice must include:

    1. Your name, address, telephone number, and/ or e-mail address.
    2. The signature of a person or authorized representative of that person who claims to own the intellectual property rights in the content.
    3. Identification of the copyrighted work claimed to have been infringed.
    4. Identification of the material that is claimed to be infringing or is claimed to be defamatory with information sufficient to permit us to locate the material.
    5. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
  20. Limited License Regarding Links. You are granted a limited, revocable, and non exclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of the Company as part of the hyperlink without express written consent of the Company.
  21. Framing and Meta Tags. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the authorization or license granted by the Company.
  22. Amendment of Terms and Conditions. The Company reserves the right, at any time and from time to time, to amend these terms and conditions and any terms and conditions of sale referenced herein, in whole or in part, without notice to you. Amendments to these terms and conditions and such terms and conditions of sale will be effective when posted. You should periodically review these terms and conditions and such terms and conditions of sale. Your use of this web site after any such amendments have been posted will be deemed to constitute acceptance of those amendments.
  23. Dispute Resolution. To the greatest extent permitted by applicable law, all disputes and controversies between you and the Company arising out of or in connection with this Agreement, your visit to this web site, or any products or services which you may purchase through this web site shall be submitted first to negotiation and, if not resolved by negotiation, then to mediation, and, if not resolved by mediation, then to arbitration. All such negotiations and any mediation and arbitration proceedings shall be confidential and shall be conducted promptly after written notice provided via regular mail from either you or the Company requesting negotiations, mediation, or arbitration. An individual agreeable to both you and the Company having expertise in the resolution of disputes shall preside over any mediation or arbitration proceeding. Any decision rendered by a mediator shall be advisory only and shall not be final or binding. Any decision rendered by an arbitrator shall be final and binding and may be entered by any court of competent jurisdiction. All mediation and arbitration proceedings shall be conducted in Milwaukee, Wisconsin in accordance with the applicable rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Each party (you and the Company) will pay its own costs, including all attorneys’ fees, in relation to negotiations, mediation, or arbitration, but both parties (you and the Company) will equally split the costs and fees of obtaining the mediator or arbitrator. Notwithstanding the foregoing, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of the Company, the Company may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin and you consent to exclusive jurisdiction of and venue in such courts in such proceeding.
  24. Governing Law. This web site is administered through the Company’s offices located in the United States of America. The Company makes no representations as to the appropriateness or legality of the contents of this web site in other jurisdictions. If you access this web site outside of the United States, you are responsible for complying with all governing law. Any cause of action you may have against the Company with regard to this web site will be governed by the internal laws of the State of Wisconsin, without giving effect to conflicts of laws provisions.
  25. Jurisdiction. Subject to your obligation to comply with the dispute resolution provisions of this Agreement, you hereby consent to the jurisdiction of the state or federal courts in and for the State of Wisconsin with regard to any legal proceeding related to this Agreement or this web site.
  26. Waiver of Jury Trial. IN THE EVENT THAT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT ARE FOUND TO BE UNENFORCEABLE, THEN THE PARTIES HERETO HEREBY WAIVE A JURY TRIAL IN ANY LITIGATION WITH RESPECT TO THIS AGREEMENT.
  27. Force Majeure. The Company will not be liable for any delay or failure in performance of this Agreement which result directly or indirectly from events which are beyond the reasonable control of the Company, including, without limitation, failures or outages with regard to the internet, computer equipment, telecommunication equipment, other equipment, or electrical power, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or any other event which is beyond the reasonable control of the Company.
  28. Entire Agreement. These terms and conditions constitute the entire agreement between the Company and you with regard to your use of this web site.
  29. Statute of Limitations. Any cause of action which you may have with respect to your use of this web site must be commenced within one (1) year after the claim or cause of action arises.
  30. Severability. If any provision of these terms and conditions or any portion thereof is found or held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions and the remainder of these terms and conditions shall continue in full force and effect.
  31. Headings. The headings of the sections of this Agreement are for convenience only and do not define, limit, or construe the contents thereof.

Revised 08/21/11

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