BARNTOOLBOX.com TERMS OF USE

 

Last Updated on 1/15/2012

 

THIS IS A BINDING CONTRACT, PLEASE READ THIS AGREEMENT CAREFULLY. The BarnToolBox.com ("BarnToolBox.com," "we" or "us") in an information based website. This Terms of Use Agreement (the "Terms of Use" or "Agreement") contains the terms and conditions applicable to your access and use of the BarnToolBox.com website ("Website"). By using this Website you accept this Agreement. BarnToolBox.com may amend this Agreement at any time by posting the amended Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW THE WEBSITE OR USE THE INFORMATION SHOWN ON THIS WEBSITE.

 

1. Use of BarnToolBox.com Website

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

2. No Professional Advice

You acknowledge that BarnToolBox.com does not provide professional advice, and you agree that you will not use the Website as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal or other professional.

 

3. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BARNTOOLBOX.COM, ITS OWNERS, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (a) USER CONTENT YOU SUBMIT, POST TO, OR TRANSMIT THROUGH THE WEBSITE; (b) YOUR USE OF THE WEBSITE OR THE SERVICES; OR (c) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.

 

4. Modifications to Site

BarnToolBox.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Information, or any portion thereof, with or without notice. You agree that BarnToolBox.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

 

5. BarnToolBox.com's Proprietary Rights and Permitted Use.

The Website is the sole and exclusive property of BarnToolBox.com. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or any content of the Website. Use of the Website in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.

So long as you agree with and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by BarnToolBox.com, you are permitted to view and use the Website and information listed on this Website for your own use; provided, however, that you may not duplicate, publish, modify, distribute or create derivative works from any content located on the Website unless expressly authorized in advance in writing by BarnToolbox.com.

You agree not to access the Website by any means other than through the interface that is provided by BarnToolBox.com. You further agree that you will not collect any information from or through the Website using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the Website or the Services or interfere with any other party's use and enjoyment of it.

 

6. BarnToolBox.com Directory

This website contains Directory that includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

7. Third Party Advertisements.

From time to time this Website might display advertisements to third party websites, sponsors or businesses.  We do not endorse any advertising companies or sponsors.  Under no circumstances will BarnToolBox.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

 

8. User Contributions to the Website

BarnToolBox.com provides users with the opportunity to contribute to the Website. You understand that all information, data, text, links, articles, photographs, graphics, video, messages and other content contributed by you and posted on the Website  are your sole responsibility, and that you are solely and exclusively responsible for all such User Content. By posting, providing, or otherwise making available any User Content, you hereby grant to BarnToolBox.com irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Content in any form in any medium, and BarnToolBox.com may sublicense all or part of its rights under this license or assign them to third parties. You waive all moral rights with respect to any User Contributed Content. You also represent and warrant that: (i) you own the content contributed or posted by you on or through the Website or otherwise have the right to grant the license set forth in this section; (ii) your posting of the content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (iii) your posting of the User Content is in compliance with the Code of Conduct. You further agree that BarnToolBox.com is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.

You acknowledge that BarnToolBox.com does not pre-screen User Content, but reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Website. Without limiting the foregoing, BarnToolBox.com shall have the right to remove any User Content that violates this Agreement (including without limitation the Code of Conduct), or is otherwise objectionable as determined in BarnToolBox.com's sole and absolute discretion. You acknowledge that BarnToolBox.com does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and bear all risks associated with, your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

 

If you discover materials on the Website that violate this Agreement or code of conduct, please notify us at barntoolbox

 

 

9. Links and Search Results

The Website may provide links and/or search results, and third parties may provide information that reference or link to other websites or resources. BarnToolBox.com has no control over such sites and resources, and you acknowledge and agree that BarnToolBox.com is not responsible for the content or information contained therein.

 

10. Trademarks

BarnToolBox.com, the BarnToolBox.com logo and other marks are trademarks/service marks of BarnToolBox.com. Unauthorized use of any BarnToolBox.com trademark, service mark or logo may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of BarnToolBox.com or the Services by the respective trademark owners.

 

11. Communications with Third Parties

Your dealings or communications through the Website with any party other than BarnToolBox.com are solely between you and that third party. Under no circumstances will BarnToolBox.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

 

12. Notice of Claims for Copyright Infringement; Copyright Policy

If you are a copyright owner or agent thereof and believe that content posted on the Website by one of our users infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached by email at barntoolbox

 

13. U.S. Export Controls

The Website is operated by BarnToolBox.com from its offices in the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

 

14. Disclaimer of Warranties

THE WEBSITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

BARNTOOLBOX.COM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM BARNTOOLBOX.COM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NEITHER BARNTOOLBOX.COM NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

 

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARNTOOLBOX.COM DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE INFORMATION, EVEN IF BARNTOOLBOX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, BARNTOOLBOX.COM'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BARNTOOLBOX.COM DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.