Terms of Use
Welcome to Barnwell Mountain Recreational Area's (BMRA) web site
("web site"). Use of the web site signifies your agreement
with these terms and conditions. If you violate any of these terms
and conditions, your permission to use the web site immediately terminates
without necessity of any notice. BMRA retains the right to deny
access to anyone for any reason.
You warrant that you will not use this web site for any purpose that
is unlawful, including posting or transmitting any threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material.
IF
YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS
WEBSITE.
Privacy
Policy
Registration data and certain other information about you are subject
to our Privacy Policy. Your use of the web site signifies your agreement
with our privacy policies.
You
can visit the web site without revealing who you are or providing
any personal information about yourself.
You
should be aware that we collect page hit statistics when you visit
the web site, that may include information about you, which helps
us understand how our site is navigated, how many visitors arrive
at specific pages, the length and frequency of a stay at our web site,
etc.
We
safeguard your information using known security standards and procedures.
Unfortunately, no data transmission over the Internet can be guaranteed
to be 100% secure. As a result, BMRA cannot ensure or warrant the
security of any information you transmit to us or from our web site,
and you do so at your own risk.
If
you register at this site, you are responsible for maintaining the
confidentiality of your user name and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your user name or password.
Please
be aware that we may change our Privacy Policy at any time. If we
do, we will update this Privacy Policy at our web site, so be sure
to check back here frequently.
If
you have any questions about our Privacy Policy, please feel free
to Contact Us.
Trademarks,
Copyright, and Restrictions
This web site is designed, maintained, and hosted by BMRA. All content, excluding links to other
sites, such as text, graphics, logos, video, audio, photographs,
illustrations, and software on this web site is protected by United
States and international copyrights, trademarks, and other intellectual
property rights which are owned by BMRA. All software used on this
site is the property of BMRA or its software suppliers and protected
by United States and international copyright laws. BMRA reserves
the right to modify or otherwise update this web site including these
terms and conditions at any time. Updates, modifications, and changes
to the web sites' terms and conditions will be fully binding on you
from the time they are posted.
Your
Account
If you register at this web site, you are responsible for maintaining
the confidentiality of your user name and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your user name or password.
Links
This web site may contain links to other web sites for your convenience
and information only. You access them at your own risk. The content
of linked sites are not under BMRA's control. BMRA is not responsible
for, and does not endorse, such content. You may not establish a
hyperlink to the web site that state or imply any sponsorship or
endorsement of your web site by BMRA.
Disclaimer
of Warranties and Liability
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE
WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS,
ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION, BMRA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BMRA,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS
ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. BMRA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR
AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT,
SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS
WEBSITE.
YOU
EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER BMRA, NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY
INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE,
IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR
ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE),
INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE
OF THIS WEBSITE OR ANY OTHER LINKED SITE. YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT BMRA IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
CERTAIN STATE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS,
BMRA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
Indemnification
You agree to indemnify, defend, and hold harmless BMRA, its officers,
directors, employees, affiliates, agents, licensors, and suppliers
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation by you
of these Terms.
Jurisdiction
This web site is controlled and operated by BMRA from its offices
in Texas. These terms and conditions shall be governed by
and enforced in accordance with the laws of the State of Texas.
If any provision of these Terms shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and conditions and shall not affect the validity
and enforceability of any remaining provisions.
Entire
Agreement
These terms and conditions, represent the entire Agreement between
BMRA and you, and supersede any prior agreements or understandings
not incorporated herein.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
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