Website Terms and Conditions of Use
This website is provided by DogLeg News and its
affiliates (collectively, “Company”). By accessing the
Company website (the “Site”), you are indicating your
acknowledgement and acceptance of these Terms of Use. These Terms of
Use are subject to change by Company at any time in its discretion.
Your use of this Site after such changes are implemented constitutes
your acknowledgement and acceptance of the changes. Please consult
these Terms of Use regularly.
Restrictions on Use
All material included on this Site, and any other Site
owned, operated, licensed or controlled by Company, such as text,
graphics, logos, images, photographs, audio clips, digital downloads,
data compilations and software (the “Content”), is the
property of Company, its subsidiaries, affiliated companies and/or
third-party licensors and is protected by United States and
international copyright laws. Modification or use of the Content
except as expressly provided in these Terms of Use violates Company’s
intellectual property rights.
The Content may not be copied, distributed, republished,
uploaded, posted or transmitted in any way without the prior written
consent of Company, except that:
1. You may download, print, distribute and use pages
from the Site for your own informational, non-commercial purposes,
but not for commercial use or general distribution.
2. Any copies
of documents or pages from the Site must not alter the original Site
content and must include the Company copyright notice: © 2013
Company. All Rights Reserved.
3. You may link to this Site
provided that the link does not falsely imply or suggest that Company
has endorsed or is affiliated with the linked Site.
Users of the Site must not:
1. Monitor, gather or copy any Content on this Site by
using any robot, “bot,” spider, crawler, spyware, engine,
device, software, extraction tool or any other automatic device,
utility or manual process of any kind.
2. Frame or utilize
framing techniques to enclose any trademark or other proprietary
information (including, without limitation, any images, text or page
layout).
3. Engage in any activities through or in connection
with this Site that seek to attempt to harm minors or are unlawful,
offensive, obscene, threatening, harassing, abusive or that violate
any right of any third party.
4. Attempt to circumvent the
security systems of the Site.
5. Attempt to gain unauthorized
access to services, materials, other accounts, computer systems or
networks connected to any Company server.
6. Attempt to use the
Site for any purposes other than those intended by Company, as
determined by Company in its sole discretion.
7. Upload or submit
any data or information that contains viruses or any other computer
code, corrupt files or programs designed to interrupt, destroy or
limit the functionality or disrupt any software, hardware,
telecommunications, networks, servers or other equipment.
8.
Engage in any activity that interferes with a user’s access to
this Site or the proper operation of this Site. You also agree that,
in using this Site, you will not impersonate any person or entity.
The Content and the functionality of the Site may be
updated or changed at any time without prior notice. In addition, if
Company becomes aware that you are copying, modifying or distributing
the Content of the Site other than for the permitted uses of the
Site, Company reserves the right to revoke your right to these
permitted uses.
Sales of Goods and Warranties
Company goods are not sold on this Site. This Site is
for information purposes only. All sales of goods conducted elsewhere
are subject to Company’s standard terms and conditions of sale
and warranties. Copies of those terms and conditions and warranties
are available upon request.
Privacy Policy
Certain information we collect about you is subject to
our Privacy Policy. For more information, see our full Privacy Policy
at the Site.
Disclaimer
Company cannot guarantee that the Site or its content is
error free and Company makes no representations about the technical
accuracy or functionality of the Site or that the Content is
accurate, error free or up to date.
THIS SITE IS PROVIDED BY COMPANY ON AN “AS IS”
AND “AS AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
COMPANY DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS
ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE
CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE
EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS
CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT
WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability
Neither Company, any of its affiliates, directors,
officers and employees, nor any other party involved in creating,
producing or delivering the Site is liable for any direct,
incidental, consequential, indirect or punitive damages arising out
of your access to, or use of, the Site or the operation of the Site
or failure of the Site to operate. In no event shall Company be
liable for any direct, indirect, special, punitive, incidental,
exemplary or consequential, damages or any damages whatsoever, even
if Company has been previously advised of the possibility of such
damages, whether in an action in contract, negligence, or any other
theory, arising out of or in connection with the use, inability to
use or performance of the information, services, products and
materials available from this Site. These limitations shall apply
notwithstanding any failure of essential purpose of any limited
remedy. Your acceptance of this limitation of liability is an
essential term of this agreement and the parties acknowledge that
Company would not grant access to the Site without your agreement to
this term.
Intellectual Property
You should assume that everything you see or read on the
Site is proprietary information protected by copyright or trademark
unless otherwise noted, and may not be used except as provided in
these Terms of Use or with the written permission of Company. Nothing
posted on this Site grants a license to any Company trademarks,
copyrights or other intellectual property rights, whether by
implication, estoppel or otherwise.
Copyright
All content included on the Site, such as text,
graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is our property, our
suppliers and/or other content providers and is protected by United
States and international copyright laws. The compilation of all
content on the Site is our exclusive property and is protected by
United States and international copyright laws. All software used on
the Site is our property or our software suppliers and is protected
by United States and international copyright laws.
Trademarks
Marks indicated on our Site are registered trademarks or
service marks of us or our affiliates and/or subsidiaries, in the
United States and other countries. Our graphics, logos, page headers,
button icons, scripts and service names are trademarks, service marks
or trade dress of us or our affiliates and subsidiaries. Our
trademarks, service marks and trade dress may not be used in
connection with any product or service that is not ours, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits us. All other trademarks that we
do not owned by us, our affiliates or its subsidiaries that appear on
the Site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by us, our
affiliates or our subsidiaries.
Third Party Trademarks
Trademarks displayed on this Site not owned by Company
are the property of their respective owners, who may or may not be
affiliated with Company. Nothing contained on this Site should be
construed as granting any license or right to use any
third party
trademarks without the written permission of such third party that
may own the trademarks. Your use of the trademarks, or any other
Content on the Site, except as provided in these Terms of Use, is
strictly prohibited. We ask that you respect these rights.
Use of Information and Ideas Submitted
You hereby acknowledge and agree that we are free to use
any comments, information, ideas, concepts, reviews, techniques or
other information (collectively, "Ideas") contained in any
communication you may send to us or have with our representative, and
we shall have no obligation to compensate you in any way for the
Ideas provided by you that are used by us for commercial purposes,
including use by us in designing, developing, manufacturing and
marketing products and creating, modifying or improving upon ours or
other products, services or websites affiliated with us. In posting,
displaying or otherwise communicating any such Ideas on our Site, you
hereby grant to us a non-exclusive license to display, use, reproduce
or modify the Ideas.
Linked Sites
This Site may link to or be linked from other websites
that are not maintained by, or related to, Company. Company does not
endorse, and is not responsible for, the content of any of those
third-party websites.
Sales of Goods and Warranties
Goods are not sold on this Site but are sold on other
sites. All sales of goods are subject to Company’s standard
terms and conditions of sale and warranties. Copies of those terms
and conditions and warranties are available upon request.
International Use
Company makes no representation that materials on this
Site are appropriate or available for use in locations outside the
United States. Access to this site from countries or territories
where such access is illegal is prohibited. Those who choose to
access this Site outside the United States do so on their own
initiative and are responsible for compliance with local laws.
Indemnification
Upon request of us, you agree to defend, indemnify and
hold harmless us and our affiliates, and their employees,
contractors, agents, representatives, officers and directors from all
liabilities, claims and expenses, including without limitation
reasonable attorney’s fees, from your use or misuse of the Site. We
reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification, in which event you will cooperate with us in
asserting any available defense.
Binding Arbitration
Any claim, dispute, or controversy against us, our
agents, employees, successors, assigns or affiliates arising from or
relating to your use of the Site and/or purchase of products from us,
our advertising or these Terms, their interpretation, or the breach,
termination or invalidity thereof, shall be resolved exclusively and
finally by binding arbitration under the Rules of the American
Arbitration Association. The arbitration will be limited solely to
the dispute between you and us. Any award of the arbitrator(s) shall
be final and binding on each of the parties, and may be entered as a
judgment in any court of competent jurisdiction.
Governing Law and Forum
These Terms are governed by California law. Any action
to enforce or interpret them, and any arbitration to resolve a
dispute under them, shall be initiated and maintained exclusively in
San Diego County, State of California. The parties irrevocably submit
to the jurisdiction of the courts in San Diego County and waive all
objections they otherwise may have to jurisdiction or venue.
Severability and Integration
Unless otherwise specified herein, these Terms and the
Privacy Policy constitute the sole and exclusive agreement between
you and us and our affiliates with respect to the Site and supersedes
all prior and contemporaneous communications and proposals (whether
or not electronic) between you and us with respect to us. If any
portion of the Terms or Privacy Policy is held invalid or
unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in
full force and effect.
Parties in Interest
Nothing in these Terms is intended to confer any rights
or remedies under or by reason of these Terms on any persons other
than the parties to these Terms.
Notice
Notices to you may be made via either email or regular
mail. We may also make changes to these Terms or other matters by
displaying notices at the Site.