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Terms of Use Agreement
Welcome
to our site. We maintain this web site
as a service to our customers. By using
our site, you are agreeing to comply with and be bound by the following terms
of use. Please review the following
terms carefully. If you do not agree to
these terms, you should not review information or obtain goods or products from
this site.
Acceptance
of Agreement. You agree to the terms
and conditions outlined in this Terms of Use Agreement (“Agreement”) with
respect to our site (the “Site”). This
Agreement constitutes the entire and only agreement between you, and us and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time from
time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should review
this Agreement prior to using the Site.
Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of
any right in such information and materials.
Trademarks. The Braniff Family and others are either
trademarks or registered trademarks of The Braniff Family organization. Other product and company names mentioned on
the Site may be trademarks of their respective owners.
Limited
Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from the Site grants you
only a limited, nonexclusive license for use solely by you for your own
personal use and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
Editing,
Deleting and Modification. We reserve
the right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site.
Indemnification. You agree to indemnify, defend and hold us
and our partners, attorneys, staff and affiliates (collectively, “Affiliated
Parties”) harmless from any liability, loss, claim and expense, including
reasonable attorney’s fees, related to your violation of this Agreement or use
of the Site.
Nontransferable. Your right to use the Site is not
transferable. Any password or right
given to you to obtain information or documents is not transferable.
Disclaimer
and Limits. THE INFORMATION FROM OR
THROUGH THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
All responsibility or liability for any damages
caused by viruses contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
Use
of Information. We reserve the right,
and you authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner consistent
with our Privacy Policy.
Third-Party
Services. We allow access to or
advertise third-party merchant sites (“Merchants”) from which you may purchase
certain goods or services. You
understand that we do not operate or control the products or services offered
by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the
transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR
ANY OTHER SITE LINKED TO OUR SITE.
Third-Party
Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants will apply
to you while on such sites. We are not
responsible for information provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
Privacy
Policy. Our Privacy Policy, as it may
change from time to time, is a part of this Agreement.
Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any credit information
you supply is true and complete, (ii) charges incurred by you will be
honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
Securities
Laws. This Site may include statements
concerning our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as well as our
intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of
assumptions and estimates, which are subject to significant uncertainties, many
of which are beyond our control. When
used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,”
“seeks,” “plans,” “intends” and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe harbors
for forward-looking statements. The
Site and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
Links
to other Web Sites. The Site contains
links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any
linked Web site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to
leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents. We respect the intellectual property of
others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
(a) An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
(b) A
description of the copyrighted work that you claim has been infringed;
(c) A
description of where the material that you claim is infringing is located on
the Site;
(d) Your
address, telephone number, and email address;
(e) A
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(f) A
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
Our Copyright
Agent for Notice of claims of copyright infringement on the Site is Carrie Shea
who can be reached as follows: By mail:
Carrie Shea,
Copyright Agent
751 Lonesome Dove Lane
Copper canyon, Texas 75077-4829
By phone: 940-241-3250
By email: carrie_shea@thebranifffamily.org
Information
and Press Releases. The Site contains
information and press releases about us.
While this information was believed to be accurate as of the date
prepared, we disclaim any duty or obligation to update this information or any
press releases. Information about
companies other than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
Miscellaneous. This Agreement shall be treated as though it
were executed and performed in Denton, Texas, and shall be governed by and
construed in accordance with the laws of the State of Texas (without regard to
conflict of law principles). Any cause
of action by you with respect to the Site (and/or any information, products or
services related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. All actions shall be subject to the limitations
set forth in Section 8 and Section 10.
The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this
Agreement shall be brought solely in Denton, Texas. You expressly submit to the exclusive jurisdiction of said courts
and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
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