- Background. These Access Terms of Service govern your use of the Brownyard.com web site, currently available at http://www.Brownyard.com (the “The Brownyard Site”), which is owned and operated by W. H. Brownyard Corp. and affiliated companies. By using The Brownyard Site, you agree to be bound by these Access Terms of Service.If you do not agree to these Access Terms of Service, you must immediately cease use of The Brownyard Site.
- Modifications to the Terms of Service. Brownyard may change these Access Terms of Service from time to time without notice to you. Accordingly, you should review these Access Terms of Service periodically. By continuing to use The Brownyard Site you agree to be bound by the modifications to these Access Terms of Service. Brownyard reserves the right to modify or discontinue, temporarily or permanently, The Brownyard Site or any feature of The Brownyard Site, with or without notice to you. You agree that Brownyard is not liable to you or any third-party for any such modification or discontinuance or your access to The Brownyard Site.
- Access License. Subject to these Terms of Service, Brownyard grants you a limited, nonexclusive, nontransferable license to access The Brownyard Site via the Internet, and to display and view the content of The Brownyard Site, including any articles, information, logos, photographs, drawings, and other materials contained therein (the “Content”), on a single computer for informational purposes only. To the extent The Brownyard Site contains any executable or object code, you agree not to decompile, reverse engineer or disassemble such code. Except as expressly granted hereunder, Brownyard reserves all rights in and to The Brownyard Site, and nothing contained in these Terms of Service shall be construed as conferring, by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, trade dress, or other intellectual property right that Brownyard or any third party may have in The Brownyard Site or its Content. Without limiting the generality of the foregoing, except as expressly granted hereunder, no right or license is granted to reproduce, distribute, publish, retransmit, create any derivative works of, or otherwise commercially exploit all or any portion of The Brownyard Site or the Content, whether electronically, mechanically, or otherwise, including but not limited to, the copying of presentation style, content, or content organization, without Brownyard’s prior written permission.
- Links. You may not create links to The Brownyard Site without the prior written consent of Brownyard. The Brownyard Site may contain links to other web sites or resources (the “Linked Sites”). You acknowledge and agree that Brownyard has no control over and is not responsible for the availability of the Linked Sites. You further acknowledge and agree that Brownyard does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from the Linked Sites. You agree that Brownyard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on the Linked Sites.
- Copyrights and Notices. You acknowledge and agree that all right, title and interest in and to The Brownyard Site and any and all Content belong to Brownyard or its third party content providers, and You agree not to assert any claim to the contrary. Except for the licenses expressly granted hereunder, all rights in and to the Content are specifically reserved to Brownyard and its content providers. All logos, splash screens, page headers, custom graphics and button icons displayed on The Brownyard Site (collectively, “Marks”) are service marks, trademarks, and/or trade dress of Brownyard or its third party licensors, and nothing contained in this Agreement shall be construed to grant, by implication, estoppel or otherwise, any right or license to use the Marks. The use of any Brownyard software or the software of third parties downloaded from The Brownyard Site shall be subject to the terms and conditions of the license provided with the software. You may not remove, alter or obscure any copyright or trademark notices or any other proprietary legends contained in The Brownyard Site.If you believe that any Content contained in The Brownyard Site infringes upon any copyrights that you own, you may notify Brownyard’s designated agent pursuant to the Digital Millennium Copyright Act at the following address:
W. H. Brownyard Corp.
21 Maple Avenue
Bay Shore, New York 11706
- User Content; Disclaimer of Sponsorship. You acknowledge and agree that The Brownyard Site may contain content that is provided by third parties, including, without limitation, other users of The Brownyard Site. Brownyard is a distributor and not a publisher with respect to content provided by third parties, and does not undertake to, and is not responsible for, reviewing or editing any third party content. Any opinions, advice, statements, services, offers or other information contained in third party content are those of their respective authors and not of Brownyard or any of its affiliates. All brand, product, service, and process names appearing on this The Brownyard Site are trademarks and service marks of their respective owners. Brownyard’s reference to or use of a product, service, or process does not imply Brownyard’s recommendation, approval, affiliation, or sponsorship of the respective product, service, or process. Your correspondence with or participation in promotions, sales or other transactions with advertisers or other users, of this web site, including, without limitation, the purchase, sale and delivery of any related goods or services, attendance at any seminars or similar events and any other terms, conditions, warranties or representations associated with such advertisements or postings found on the web site, are solely between you and such advertiser or other user.
- Disclaimer of Warranties. The Brownyard site is provided to you “as is.” You agree that you must independently evaluate and bear all risks associated with your use of the Brownyard site or its content, including without limitation any reliance by you on the accuracy, completeness or usefulness of the Brownyard site. Brownyard expressly disclaims any and all warranties with respect to the Brownyard site, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising out of course of performance, dealing, or trade usage. Brownyard makes no warranty that any part of the Brownyard site (including without limitation the content) will meet your requirements, that any part of the Brownyard site will be uninterrupted, error free, timely, secure, free from viruses or other computer instructions which disrupt, damage, destroy, or interfere with the use of electronic devices or computers; nor does Brownyard make any warranty as to the results that may be obtained from any use of the Brownyard site or as to the accuracy, timeliness, completeness or reliability of any part of the Brownyard site or that errors in any part of the Brownyard site will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of or from the Brownyard site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Brownyard makes no warranty regarding any goods notices, events, listings or services purchased or obtained arising out of, through or from the Brownyard site, including without limitation the quality of such goods or services, the timing of events, the accuracy of listings, or any transactions entered into through the Brownyard site.This web site is subject to change without notice to you, and Brownyard or any Brownyard supplier may improve or change the web site at any time.
- Limitations on Liability. You agree that Brownyard and its affiliates and their respective officers, directors, employees, contractors and agents shall not be liable for any damages, including without limitation direct, indirect, incidental, special, consequential, and exemplary damages. Without limiting the generality of the foregoing, Brownyard and its affiliates and their respective officers, directors, employees, contractors and agents shall not be liable for any damages for loss of profits, goodwill, use, or data, whether based on contract, tort, negligence, strict liability or otherwise, regardless of cause, even if Brownyard has been advised of the possibility of such damages, arising out of or relating to (i) the use of, inability to use or delay in any part of The Brownyard Site or Content, including without limitation any errors and omissions and any untimeliness in The Brownyard Site; (ii) the cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained through or from The Brownyard Site; (iv) messages or content received or transactions entered into through or from The Brownyard Site, including without limitation computer viruses; (v) unauthorized access to or alteration of your transmissions or data; or (vi) interruption, suspension or termination of The Brownyard Site, regardless of whether such interruption, suspension or termination was justified, negligent or intentional, inadvertent or advertent. If you are dissatisfied with any portion of The Brownyard Site, your sole and exclusive remedy is to discontinue using The Brownyard Site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
- Indemnification. You agree to indemnify, defend and hold Brownyard, its affiliates and their respective officers, directors, employees, contractors and agents harmless from any claim, demand, liability, loss, damage, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or relating to your use of The Brownyard Site, including, without limitation arising out of or relating to any your violation of these Access Terms of Service or any other agreement with Brownyard relating to your use of The Brownyard Site, or your violation of any rights of a third party.
- General Provisions. The Terms of Service and the relationship between you and Brownyard shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Any and all disputes arising from or in connection with The Brownyard Site shall be subject to binding arbitration conducted by a single arbitrator in Bay Shore, New York pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as now or hereafter amended; provided, however, that Brownyard shall be entitled to seek injunctive and other equitable relief in any forum of competent jurisdiction to enforce these Access Terms of Service or its rights in The Brownyard Site and its Content without first seeking or obtaining any decision in arbitration. No failure or delay of Brownyard to exercise or enforce any right or remedy under these Access Terms of Service shall constitute a waiver thereof. If any provision of these Access Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Access Terms of Service remain in full force and effect.