The TBC-Brinadd, LLC (“TBC-Brinadd”) Website is comprised of various web pages operated by TBC-Brinadd. “TBC-Brinadd Website” is defined to include tbc-brinadd.com and all other web pages operated or owned exclusively by TBC-Brinadd. As used in these Terms and Conditions, “You” and “Your” refers to any individual, company, or legal entity that accesses or otherwise uses the TBC-Brinadd Website. BY ACCESSING ANY PAGE CONTAINED IN THE TBC-BRINADD WEBSITE, THE PARTY ACCESSING SUCH PAGE YOU ACCEPT ALL TERMS AND CONDITIONS DESCRIBED IN THIS TERMS OF USE AGREEMENT, AND YOU ALSO AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM BY ACCESSING OR USING THE TBC-BRINADD WEBSITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
MODIFICATION OF THESE TERMS OF USE
TBC-Brinadd reserves the right to change the terms, conditions, and notices related to the TBC-Brinadd Website at its sole discretion and at any time without notice, including but not limited to the changes associated with the use of the TBC-Brinadd Website. Any continued use of the TBC-Brinadd Website following the posting of revised Terms of Use (“Terms”) means that You accept and agree to the changes.
LINKS TO THIRD PARTY SITES
The TBC-Brinadd Website may contain links to other websites (“Third Party Sites”). The Third Party Sites are not controlled by TBC-Brinadd, may change at any time without notice to TBC-Brinadd or You, and TBC-Brinadd is not responsible for the contents of any Third Party Site, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site. The links are provided to users only as a convenience, and the inclusion of any link does not imply endorsement by of the site or any association with its operators.
USE OF THE TBC-BRINADD WEBSITE
You are prohibited from violating, or attempting to violate, the security of the TBC-Brinadd Website. TBC-Brinadd retains the right to investigate and take all available remedies at law and the failure or choice to not exercise these rights will not constitute a waiver of such. You are prohibited from using the Site to infringe on TBC-Brinadd's or any other person’s or entity’s copyright, trademark, patent, trade secret or other intellectual property rights and from removing any copyright, trademark or other proprietary rights notice from the TBC-Brinadd Website or from materials originating from the TBC-Brinadd Website. With Your use of the TBC-Brinadd Website You further agree that the following are strictly prohibited:
- Using the TBC-Brinadd Website to harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally-identifiable information about users of the TBC-Brinadd Website.
- Impersonate any individual or entity, falsely state or otherwise misrepresent Your identity or affiliation in any way.
- Interfere with or disrupt the operation of the TBC-Brinadd Website or the servers or networks used to make the TBC-Brinadd Website available.
- Restrict or inhibit any other individual or entity from using the TBC-Brinadd Website, including without limitation by hacking or defacing any portion of the TBC-Brinadd Website.
- Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without TBC-Brinadd's express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Frame, reproduce or mirror any part of the TBC-Brinadd Website TBC-Brinadd express prior written consent.
- Create a database by systematically downloading and storing Site Content.
- Assist or permit any persons in engaging in any of the activities described above.
INDEMNIFICATION
Except as prohibited by law, You will hold TBC-Brinadd, its related entities, and TBC-Brinadd and their respective officers, directors, employees and agents harmless from and against any claims, losses, damages and costs, including indirect, punitive, special, incidental or consequential damage, including all related attorneys’ fees and costs and expenses of litigation and arbitration, arising out of or related in any way to(i) Your use of or access to the TBC-Brinadd Website and any information, guidance or statements therein, (ii) Your violation of any of these Terms, or (iii) any allegation that any materials You make available or create through, from, or in connection with the TBC-Brinadd Website infringe or otherwise violate the copyright, trademark, patent, trademark, privacy, or other intellectual property or rights of any third party.
SURVIVAL OF RIGHTS
All legal rights, obligations and liabilities arising from the Terms and Your use of the TBC-Brinadd Website shall survive termination of the Terms or TBC-Brinadd Website for any reason.
TRADEMARK AND COPYRIGHT
All contents contained in the TBC-Brinadd Website are protected by copyright © 2017 TBC-Brinadd, LLC. Any TBC-Brinadd trademarks which may appear on the TBC-Brinadd Website are strictly owned by TBC-Brinadd, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any TBC-Brinadd trademark without written authorization from TBC-Brinadd. TBC-Brinadd reserves all rights to prosecute any trademark, copyright or other intellectual property infringement or potential infringement.
GOVERNING LAW AND VENUE
The Terms shall be governed by the laws of the State of Texas, USA, without giving regard to its principles of conflict of laws. If Federal jurisdiction exists over any action, suit, or proceeding in any way related to these Terms or Your use of the TBC-Brinadd Website, You agree to submit to the exclusive jurisdiction of the United States District Court for the Southern District of Texas. If state jurisdiction exists over any action, suit, or proceeding in any way related to these Terms or Your use of the TBC-Brinadd Website, You agree to submit to the exclusive jurisdiction of the courts located within Harris County, Texas to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, You agree that TBC-Brinadd shall still be allowed to apply for injunctive or similar remedies in any jurisdiction.
GENERAL
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.
TBC-Brinadd may assign these Terms, in whole or in part, at any time with or without notice to You. You may not assign, transfer, or sublicense these Terms or any or all of Your rights or obligations under these Terms without TBC-Brinadd's express, prior, written consent. Nothing in this material is intended to override the corporate separateness of local entities. Working relationships and information about affiliates which may be discussed in this material do not necessarily represent an operational or corporate connection, but may reflect a service relationship.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms, together with all policies or rules referred to herein, is the entire agreement between You and TBC-Brinadd relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and TBC-Brinadd relating to such subject matter.
INFORMATION SUBMITTED TO THE TBC-BRINADD WEBSITE
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the TBC-Brinadd Website by electronic mail or otherwise, will be used by TBC-Brinadd in accordance with the TBC-Brinadd Website's Privacy Policy, located here.