Terms of Use – billygoatcc.com
Introduction
Reading and accepting the Terms of Use and reading and accepting the provisions of the Privacy Policy of this website are required considerations for the website granting you the right to visit, read, or interact with it.
By viewing, visiting, using, or interacting with this website, you are agreeing to all the provisions of this Terms of Use policy and the Privacy Policy of this website.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. This website specifically denies access to any individual that is covered by the Children’s Online Privacy Protection Act (COPPA) and its rules and amendments.
This website reserves the right to deny access to any person or viewer for any reason. Under the terms of the Privacy Policy, which you accept as a condition for viewing, the website is allowed to collect and store data and information for the purpose of exclusion and for many other uses.
The Terms of Use agreement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view this website, to keep themselves informed of changes.
Parties to the Terms of Use Agreement
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitor” or “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
Use of Information from This Website
Unless you have entered into an express written contract with this Website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting. Visitors have no right to broadcast, copy, sell, or publish any portions of the content of this Website. Visitor understands that the content of this Website includes its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain. By viewing the contents of this Website, you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
Ownership of Website and Right to Use, Sell, or Publish Contents of This Website
The website and its contents are owned or licensed by the Website. Material contained on the Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the Website content. Use of Website content for any reason is unlawful unless it is done with express contract or permission of the Website. It is unlawful to use the domain name associated with this Website as “invisible” or visible keywords on your website without the express permission of the domain name owner.
Hyperlinking to Site, Co-Branding, Framing, and Referencing Site Whether by Visible Linking or Invisible Keyword Placement on Your Site Is Prohibited
Unless expressly authorized by Website, no one may hyperlink this site, or portions thereof (including, but not limited to, logotypes, trademarks, branding, or copyrighted material), to theirs for any reason. This prohibition shall cover the use of identity marks, brands, or domain names belonging to this site in an invisible manner, such as embedded keywords and meta tags. Further, you are not allowed to “frame” the site. You specifically agree to cooperate with the Website to remove or deactivate any such activities and to be liable for all damages.
As a rule, this Website is pleased when another site chooses to acknowledge it or reference it and this provision is not meant to cover “friendly” reference instances. However, sites and the persons behind those sites that attempt to demean this site or profit from it without compensation are liable for damages and this prohibition clause will be strictly enforced. If you have doubts, request express permission from the Website before using this site’s name or referencing it. Further, any attempt to use the site’s name or the contents thereon that could cause financial or reputational damage to the site is strictly prohibited, whether the use is obvious or invisible using various coding embedding techniques.
Disclaimer for Contents of Site
The Website disclaims any responsibility for the accuracy of the content of this Website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the Website, you have no right to rely on any information contained herein as accurate. The Website makes no such warranty.
Disclaimer for Harm Caused to Your Computer or Software from Interacting with This Website or Its Contents
The Website assumes no responsibility for damage to computers or software of the Visitor or any person the Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s computer. Visitor views and interacts with this site at Visitor’s own risk.
Disclaimer for Harm Caused by Downloads
While Website takes steps to protect the integrity of files it has uploaded, Website makes no warranty that downloads are free of corrupting computer codes including, but not limited to, viruses and worms. Visitor downloads information from this site at Visitor’s own risk.
Limitation of Liability
By viewing, using, or interacting in any manner with this site, including banners, pop-ups, or downloads, and as a condition of the Website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all descriptions based on any causal factor resulting in any possible harm, no matter how extensive, whether physical or emotional, foreseeable or unforeseeable, or whether personal or business in nature.
Indemnification
As a condition of viewing this Website,Visitor will indemnify the Website and its owners, service providers, contractors, and agents and hold them harmless from any breach by Visitor of the Terms of Use of this Website. Visitor agrees that in the event he or she causes damage that the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all amounts paid.
Submissions
Visitor agrees as a condition of viewing that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to communicate only that information to the Website that it wishes to allow the Website to use forever. “Submissions” is also a provision of the Privacy Policy.
Notice
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.
Disputes
As part of the consideration that the Website requires for viewing, using, or interacting with this Website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort, or otherwise) arising out of or relating to using the Website or purchases made (goods or services) as a result of using this Website, including solicitation issues, privacy policy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association that are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605. Hearing will take place in the city or county of the Website owner.
In no case shall the Visitor, viewer, member, subscriber, or customer have the right to go to court or have a jury trial. Visitor, viewer, member, subscriber, or customer will not have the right to engage in pre-trial discovery except as provided in the rules; Visitor will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, and investigation fees.
Jurisdiction and Venue
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, viewer, Visitor, member, subscriber, or customer agrees that the sole and proper jurisdiction will be the state and city declared in the contact information of the Website owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Website owner’s address.
Applicable Law
Visitor, viewer, member, subscriber, or customer agrees that the applicable law to be applied shall be, in all cases, that of the State of Arizona.
Contact Information
Michele Carbaugh
Billy Goat Coat Company LLC
Vail, AZ