www.bibbcountybiz.com
TERMS
OF USE
1.INTRODUCTION
1.1
www.bibbcountybiz.com is a website portal located at the URL : http://www.bibbcountybiz.com (hereafter referred to as “the site").
1.2
Your use of the Site is governed by the terms and conditions
set out below and as amended from time to time ("Terms
of Use"). The owners of the Site reserve the right to
amend the Terms of Use at any time by posting the amended
terms to the Site without further notice to you.
1.3
Your use and continued use of the Site shall be deemed to
constitute your knowledge and acceptance of the Terms of
Use. If you do not agree to be bound by the Terms of Use,
you should immediately cease all use of the Site.
2.
Use of the Site
2.1
The owners of the Site hereby grants you a non-exclusive,
non-transferable, limited right and license to access the
Site for your personal use only and otherwise in accordance
with these Terms of Use.
2.2
You may make copies or "cache" pages of the Site,
but only to the extent automatically done by your Internet
browser software as a part of process of accessing the Site.
Any other copying or use of the Site shall be an
infringement of our copyright and shall be prosecuted to the
full extent permitted by law.
2.3
You may not copy, modify, adapt, transmit, publicly perform
or display, sell, distribute, publish, customize, add to,
delete from, or create derivative works of any part of the
Site. Any other use or exploitation the Site, other than as
expressly authorized by the Terms of Use is strictly
prohibited.
2.4
You agree that you will not use any script, software or
mechanical device to access, monitor or copy the Site or
interfere with the normal functioning of the Site, unless
specifically authorized by the owners of the Site.
2.5
You will not engage in any conduct that restricts or
inhibits any other person from using or enjoying the Site.
You agree to use the Site only for lawful purposes. You
warrant and promise that you are an individual (e.g., not a
corporation) and at least eighteen (18) years of age or have
specific permission from a parent or legal guardian to use
the Site.
2.6
You are prohibited from posting on or transmitting through
the Site any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, profane, hateful,
racially, ethnically or otherwise objectionable material of
any kind, including, but not limited to, any material which
encourages conduct that would constitute a criminal offence,
give rise to civil liability or otherwise violate any
applicable local, state, national or international law.
3.
Alteration / Discontinuance of the Site or Site
3.1
The owners of the Site may discontinue or alter any aspect
of the Site, including, but not limited to:
(a)
Restricting the availability and/or scope of the Site for
certain platforms and operating systems;
(b) Restricting the times at which the Site is available;
(c) Restricting the amount of use of the Site permitted by a
particular user; and
(d) Restricting or terminating a user's right to use the
Site, at the sole discretion of the owners of the Site and
without prior notice.
4.
Monitoring of the Site
4.1
The owners of the Site may electronically monitor the Site
and the users of the Site in order to ensure compliance with
these Terms of Use and may disclose any information, record
or electronic communication of a user of the Site:
(a)
In compliance with any law, regulation or authorized
governmental request;
(b) If such disclosure is necessary for the continued
operation of the Site; or
(c) To protect the rights or property of the owners of the
Site or its partners.
5.
INTERNET Access Charges
5.1
You shall be solely responsible and liable for all charges
(including internet access fees and associated charges)
incurred by you in order to connect to the Site and/or use
the Site.
6.
Disclaimer of warranty and limitation of liability
6.1
In relation to the Site, the owners of the Site disclaim any
and all warranties (either express or implied) to the full
extent permitted by law, including without limitation:
(a)
Any warranties regarding the availability or accuracy;
(b) Any warranties of title, merchantability or fitness for
a particular purpose.
6.2
Neither the owners of the Site, nor their partners, agents,
affiliates or content providers shall be liable for any
direct, indirect, incidental, special or consequential
damages arising out of or incidental to the use of the Site
or the Site or inability to gain access to the Site or use
the Site.
6.3
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF, THE SITE OR THE SITE, WHETHER ARISING OUT OF
BREACH OF WARRANTY, BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT THE OWNERS OF THE SITE ARE NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7.INDEMNITY
7.1
You agree to indemnify, keep indemnified and forever hold
harmless, both the owners of the Site and their partners,
agents, affiliates and content partners from any costs
(including legal costs), loss, damage, claims or disputes,
which may arise out of or incidental to your use of the Site
or from a breach of these Terms of Use.
8.
Disclaimer for third party websites
8.1
The Site may contain links to websites of our advertisers or
other third parties (hereafter referred to as "Third
Party Websites"). The owners of the Site do not have
any control over and shall not be responsible or liable for:
(a)
The price, quality, safety or legality of the goods or Sites
available on or through Third Party Websites;
(b) The truth or accuracy or legality of the content on the
Third Party Websites or for the actions you might take in
reliance on that content; or
(c) The availability or technical capabilities of the Third
Party Websites or the links provided to those Third Party
Websites.
9.
INTELLECTUAL PROPERTY RIGHTS
9.1
Copyright.
The
Site contains information, software, photos, video,
graphics, music, sounds or other material (hereafter
referred to as "Site Content"). The Site Content
was created and is owned by the owners of the Site and is
protected by applicable domestic and international copyright
laws. Unless expressly permitted by these Terms of Use or
elsewhere in the Site, you shall not copy, distribute,
publish, perform, modify, download, transmit, transfer,
sell, or license, reproduce, create derivative works from or
based on, distribute, post, publicly display, frame, link,
or in any other way exploit any part of the Site Content, in
whole or in part. Links to the Site are only permitted upon
express permission from and by arrangement with the owners
of the Site. Any rights not expressly granted to you herein
are reserved. All copyright infringements will be prosecuted
to the full extent permitted by law.
9.2
Trademarks.
"www.bibbcountybiz.com"
and the "www.bibbcountybiz.com" logos and slogans
are trademarks and service marks of the owners of the Site
(hereafter referred to as "the Marks"). Any
unauthorized use of the Marks is strictly prohibited.
Any
product, service, or trade name other than those owned by
the owners of the Site that identify a third party as the
source thereof may, even if not so indicated, may be the
service mark or trademark of that respective entity or
individual.
9.3
Claims of Copyright Infringement by third parties
The
owners and operators of the Site support the Digital
Millennium Copyright Act ("DMCA") and encourage
users to contact them via the host provider of the Site,
with details of any alleged copyright infringement. Please
include "DMCA" in the subject line if contacting
us via email.
Corporate
Counsel
Bibbcountybiz.com
Email Address: legal@bibbcountybiz.com
Postal Address: Box 82 West Blocton AL, 35184.
All
notices to us in regard to potential copyright infringement
should include all of the following details:
(a)
A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed.
(b) Identification of the copyrighted work claimed to have
been infringed, or if a single covers multiple copyrighted
works at a single Web site claim, a representative list of
such works at that Web site.
(c) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the owners
of the Site to locate the material.
(d) Information reasonably sufficient to permit the owners
of the Site to contact the complaining party, such as an
address, telephone number, and if available, an electronic
mail address at which the complaining party may be
contacted.
(e) A statement that the complaining party believes in good
faith, that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the
law.
(f) A statement that the information in the notice is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
9.4
Dealing with Copyright Infringes
In
the case of Third Party Websites who are the subject of a
claim of copyright infringement, the owners of the Site
reserve the right to remove and/or to disable any link or
other access to such Third Party Websites and/or terminate
the accounts of the owners of the said websites.
10.
Objectionable Material
10.1
The owners of the Site support responsible parenting in
respect of the use of the Site by children. We encourage
parents to implement commercially available hardware and
software filtering devices that will help protect children
from exposure to material that is offensive, objectionable,
harmful, deceptive or otherwise inappropriate for children.
10.2
While visiting the site if you come across any Third Party
Websites that you believe contains illegal material or
assists or promotes the conduct of illegal or immoral
activities, please contact us by email at: management@bibbcountybiz.com
and we will act forthwith and pass the information on to the
relevant authorities.
11.
DATA COLLECTION AND YOUR PRIVACY
11.1
Due to the nature of the Site, the owners of the Site do not
ordinarily collect, store, use or disclose any personally
identifying information of a user of the Site or the Site,
unless you are an advertiser or otherwise make direct
contact with us. In the event that you do provide us with
such personal information, it will be dealt with in
accordance with our Privacy Policy.
11.2
The Internet is a global computer network. By submitting
your personal information to us electronically over the
Internet, you agree to our collecting and processing your
personal data in this manner. The owners of the Site shall
not be responsible or liable for any loss or damage
sustained as a result of interception of your personal data
during transmission and/or the unauthorized use of this data
by third parties.
12.
General
12.1
Governing Law
This
Agreement shall be construed and controlled by the laws of
the State of Alabama. Further, the laws of the State of
Alabama will govern any dispute arising from the terms of
this agreement or a breach of this Agreement. Customer
agrees to personal jurisdiction by the State and Federal
courts sitting in the State of Alabama.
12.2
Entire Agreement
This
Agreement constitutes the entire agreement between the
parties with respect to the subject matter contained herein
and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral between the
owners of the Site and you. The owners of the Site may amend
or modify this Agreement or impose new conditions at any
time without notice to you, effective immediately upon being
published on the Site. Any use of the Site by you after such
notice shall be deemed to constitute acceptance by you of
such amendments, modifications or new conditions.
12.3
Notices
All
notices given to you by the owners of the Site shall be sent
to your nominated e-mail address. You may give notice to the
owners of the Site by sending an e-mail addressed to
support@bibbcountybiz.com
12.4
Severability
In
the event that any provision of these Terms of Use are found
by a court of competent jurisdiction to be invalid, illegal
or unenforceable, such provision shall be severed from the
Terms of Use and the remaining provisions shall remain in
full force and effect. The parties further agree that the
court should endeavor to give effect to the parties'
intentions as reflected in the severed provision these Terms
of Use should be interpreted to affect the intent of the
parties, and the remaining provisions will remain in effect.
12.5
Section Headings
The
section headings contained herein are for reference purposes
only and shall not in any way affect the meaning or
interpretation of this agreement.
12.6
Waiver
A
failure by the owners of the Site to exercise or enforce any
right or provision of the Agreement shall not be deemed to
be a waiver of such right or provision.
12.7
Arbitration
Any
dispute or claim arising out of or relating to the use of
Site or the Sites or these Terms of Use shall be settled by
binding arbitration conducted by an independent arbitrator
appointed by the Alabama Law Society ("the
Arbitrator").
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