These
Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from
registering and
creating a new account under your name, a fake or borrowed name,
or the name of
any third party, even if you may be acting on behalf of the
third party. In
addition to terminating or suspending your account, we reserve
the right to
take appropriate legal action, including without limitation
pursuing civil,
criminal, and injunctive redress.
We cannot guarantee
the Site will be available at all times. We may experience
hardware, software,
or other problems or need to perform maintenance related to the
Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise
modify the Site at any time or for any reason without notice to
you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to
access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any
corrections, updates, or releases in connection
therewith.
Any legal action of whatever nature brought by either
you or us (collectively, the
“Parties” and individually, a
“Party”) shall be commenced or
prosecuted in the
state and federal courts
located in
Unites States
,
Texas
, and the Parties hereby
consent to, and waive all
defenses of lack of personal
jurisdiction and forum non
conveniens with respect to venue
and jurisdiction in such
state and federal courts
. Application of the
United Nations Convention on
Contracts for the International
Sale of Goods and the Uniform
Computer Information Transaction
Act (UCITA) are excluded from
these Terms of Use.
There may be
information on the Site that contains typographical
errors, inaccuracies, or
omissions, including descriptions, pricing,
availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to
change or update the
information on the Site at any time, without prior
notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE
AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
18.
LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT
PAID, IF
ANY, BY
YOU TO
US
. CERTAIN
US STATE LAWS
AND
INTERNATIONAL
LAWS DO NOT
ALLOW
LIMITATIONS ON
IMPLIED
WARRANTIES OR
THE EXCLUSION OR
LIMITATION OF
CERTAIN DAMAGES.
IF THESE LAWS
APPLY TO YOU,
SOME OR ALL OF
THE ABOVE
DISCLAIMERS OR
LIMITATIONS MAY
NOT APPLY TO
YOU, AND YOU MAY
HAVE ADDITIONAL
RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our
subsidiaries,
affiliates, and all of our respective officers, agents,
partners, and
employees, from and against any loss, damage, liability,
claim, or demand, including
reasonable attorneys’ fees and expenses, made by any
third party due to or
arising out of:
(1)
use of the Site; (2)
breach of these Terms of Use; (3)
any breach of your representations and
warranties set forth in these Terms of Use;
(4)
your violation of the rights of a third party,
including but not limited to intellectual
property rights; or (5)
any overt harmful act toward any other user of
the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive
defense and control of any matter for which you
are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to
notify you of any such claim, action, or
proceeding which is subject to this
indemnification upon becoming aware of
it.
We will maintain
certain data that you transmit to the Site for the
purpose of managing the
performance of the Site, as well as data relating to
your use of the Site. Although we perform regular
routine backups
of data, you are solely responsible for all data that
you transmit or that
relates to any activity you have undertaken using the
Site. You agree
that we shall have no liability to you for any loss or
corruption of any such
data, and you hereby waive any right of action against
us arising from any such
loss or corruption of such data.
21.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and
other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or
retention of non-electronic records, or to payments or
the granting of credits by any means other than
electronic means.
22.
CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact
the Complaint
Assistance Unit of the Division of Consumer Services of
the California
Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible
by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void,
or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the
Site, please contact us at:
Big Rock
Technology, LLC
Big Rock Technology
Group 5049 Edwards Ranch
Rd.
4th
Floor
Fort Worth
, TX
76109
United
States
Phone:
6174476581
contact@bigrocktechnology.com