The Best Of (the "Company") has provided you with access to The Best Of website, located at http://www.thebestof.org (the "Site"). You must agree to abide by the terms of this The Best Of User Agreement ("Agreement") prior to making use of the Site.
You become a "User" of the Site and you agree to be bound by the terms of this Agreement and all of its provisions by logging on, accessing, using and/or linking to the Site. The Company may from time to time post additional rules, terms of service, privacy or acceptable use policies, guidelines, or other contractual provision that amend or supplement this Agreement, in accordance with Section 25, below. By becoming a User, you agree to abide by the terms of all such amendments and supplements. If there is a conflict regarding the use of the Site and the Content (as defined below) between any other rule, term, policy, guideline or other agreement between you and the Company, and the terms of this Agreement, the provisions of this Agreement shall control.
This Agreement was last revised on January 1, 2012. Company reserves the right to alter or change the terms of this Agreement at any time in accordance with Section 25 below, and may do so without providing you prior notice, so please review this Agreement periodically for updates and changes.
2. Responsibility for Viruses, Data Integrity, Etc.
The Company cannot guarantee and makes no representation that files available for downloading from the Site are free of infections or viruses, works, Trojans, or other malicious software or code. Such malicious software or code may damage, adversely interfere with, intercept or expropriate any system, personal information, or other data submitted to or used in connection with the Site. Company also cannot guaranty and makes no representation as to the accuracy of any data entered into or generated from the Site. Company disclaims all responsibility for any loss of data entered into or generated by the Site or its related systems, whether due to electronic or mechanical failure or otherwise, and whether or not such failure occurs on the systems maintained by the Company or in connection with the Site.
3. No Representations or Warranties
COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANITES, OR ENDORSEMENTS WHATSOEVER, AND EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT, AND, TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE, THE CONTENT (AS DEFINED BELOW) OF THE SITE, OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, EXCEPTS AS EXPRESSLY INDICATED ON THE SITE OR WITH RESPECT TO A PARTICULAR PRODUCT OR SERVICE. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY LOSS, COST, EXPENSE OR DAMAGES SUFFERED, WHETHER DIRECT OR INDIRECT, ARISING FROM TRANSACTION ENTERED INTO THROUGH OR BECAUSE OF THE SITE.
COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS WHATSOEVER, AND EXPRESSY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT, AND, TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE, THE CONTENT (AS DEFINED BELOW) OF TH SITE, OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, EXCEPTS ASEXPRESSLY INDICATED ON THE SITE OR WITH RESPECT TO A PARTICULAR PRODUCT OR SERVICE. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY LOSS, COST, EXPENSE OR DAMAGES SUFFERED, WHETHER DIRECT OR INDIRECT, ARISING FROM TRANSACTION ENTERED INTO THROUGH OR BECAUSE OF THE SITE.
YOU UNDERSTAND AND AGREE THT THE SITE ORITS PRODUCTS OR SERVICES MAY NOT MEET USER REQUIREMENTS, AND THAT THE SITE OR SUCH PRODUCTS OR SERVICES MAY FROM TIME TO TIME BE INTERRUPTED OR SUBJECT TO ERRORS AND THAT PROBLEMS OR DEFECTS IN THE SITE OR THE CONTEDNT (AS DEFINED BELOW) MAY NOT BE CORRECTED ON A TIMELY BASIS. THE SITE, THE CONTE4NT AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGHOUT THE SIET ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BAIS, SAVE WHERE EXPRESSLY INDICATED TO THE CONTRARY ON THE SITE.
4. Outages and Unavailability
The Company may routinely schedule system downtime to upgrade and maintain the Site and for other purposes. Additionally, systems or software failures may cause unscheduled service interruptions from time to time. The Company bears no liability for any unavailability of the Site or for any data lost as a result of planned or unplanned system outages and downtime, including any outages or downtime resulting from the acts of or problems arising with any Internet service provider or other third-party, or problems affecting Internet infrastructure or networks of which the Site may be a part.
5. Assumption of Risk by User
YOU ASSUME AND SHALL BEAR ALL RISKS AND RESPONSIBILITIES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE RISK OF ANY MISAPPROPRIATION OR INFORMATION OR DATA BY ANY UNAUTHORIZED THIRD PARTY.
6. Intellectual Property
The Site's content, including without limitation, any text, graphics, animations, logos, audio, video photographs, software, source code, data and other information (the "Content") is the sole property of the Company and may be protected by federal copyright and trademark laws, or other proprietary rights, whether now existing or developed after the date of this Agreement. Other than the use of the Content as permitted by this Agreement or as otherwise permitted by the Company in writing, the Company has the exclusive right to own, control, and use the Content. You hereby expressly acknowledge that you have no claim in or right to any of the Content, other than through your use of the Site on the terms set forth in this Agreement. Company agrees that you may download or print material from the Site provided that such materials are used solely for your personal use or as otherwise expressly permitted by the Company. You shall not republish, modify, and distribute copies of the Content in any form, without the express written permission of the Company. You shall not remove, alter, or modify any copyright, trademark or other intellectual property notice or any legend appearing on the Site or included with any Content. All rights and interests not expressly granted to you by the terms hereof are reserved by the Company.
Nothing contained herein shall be construed as conferring to you by implication, estoppels or otherwise, any license or right under any patent, copyright or trademark of the Company or any third party.
7. Limitations of Liability
THE COMPANY (AND ITS OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES ASSOCIATED WITH OR INVOLVED IN THE CREATION, OPERATION OR MAINTENANCE OF THE SITE (THE "SERVICE PROVIDERS") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY CLAIM FOR LOST PROFITS, IMPAIRED GOODWILL, LOSS OF THE USE OF THE SITE, LOSS OF ANY DATA OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE, LOSS OF USE, OR ANY IMPAIRMENT OF THE SITE; (II) ANY COSTS ARISING FROM OR RELATED TO THE USE OF THE SITE (INCLUDING ANY TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE); (III) ANY UNAUTHORIZED ACCESSING OR ALTERATION OF YOUR COMMUNICATIONS OR OTHER TRANSMISSIONS OR DATA THROUGH OR IN CONNECTION WITH THE SITE; (IV) THE CONDUCT OF (INCLUDING STATEMENTS MADE BY) ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SITE; OR (V) ANY OTHER MATTER ARISING IN CONNECTION WITH OR RELATING TO THE SITE. IN ADDITION, YOU ACKNOWLEDGE THAT THE LIMITATION ON LIABILITY REFERENCED ABOVE EXTENDS TO ALL CONTENT, PRODUCTS, AND SERVICES ACQUIRED OR MADE AVAILABLE THROUGH THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION ON LIABILITY IS INEFFECTIVE UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT THE LIABILITY OF THE COMPANY AND THE SERVICE PROVIDERS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE LIMITATION ON LIABILITY ABOVE INURES TO THE BENEFIT OF THE COMPANY, THE SERVICE PROVIDERS, AND EACH OF OUR RESPECTIVE AFFILIATES, OWNERS, OFFICERS, EMPLOYEES AND AGENTS.
8. Registration Information
In consideration of your use of the Site, you agree: (i) all information provided by you regarding yourself and your business organization required to register with the Site (the "Registration Information") will be true, correct, and complete; and (ii) promptly upon any change in the Registration Information, you will update your registration with the Site so that it continues to be true, correct, and complete. If any of your Registration Information is untrue, inaccurate, or incomplete, the Company may take action pursuant to Section 24, in its sole and absolute discretion, to suspend or terminate your account and deny you the use of the Site or access to the Site.
9. Password and Log-in Information Security
You agree that you are responsible for maintaining the confidentiality of your password and log-in information related to the Site, and agree that you alone are fully responsible for any action or activity taken on the Site using that account number or log-in information.
10. Interference with the Site
You agree to not take any action that imposes an undue burden upon the infrastructure used to run the Site, including without limitation the use of so-called "dns" attacks or by sending unsolicited e-mail (i.e. "Spam"). You further agree that you will not at any time interfere with the proper working of the Site, whether through the use of any system, procedure, device, software, program, code, routine, or otherwise.
You shall indemnify, defend, and hold the Company and its affiliates, Associates, officers, employees and agents harmless from and against any and all costs, actions, demands, losses, expenses, claims, and liabilities of any kind (including attorneys' fees) resulting from (i) your use of the Site (whether or not in accordance with the terms hereof), (ii) your purchase or use of products or services through the Site, or (iii) any breach of this Agreement by you. You agree to take any action reasonably requested by the Company in connection with the defense of any Claim. The Company shall have the right to assume the exclusive control and defense of any Claim at any time. Whether or not the Company exercises that right, you shall not settle any Claim with any third-party without the prior written consent of the Company.
12. Mispricing and Incorrect Product Information
In the event a product or service is listed for sale on the Site, but any pricing or other product information is listed incorrectly (due to typographical error or otherwise), the Company shall have no liability and you agree to assume full responsibility for any claims or damages.
13. Links to Third Party Websites: No Endorsement of Third Party Content
Links to third party websites which may be included on the Site are provided as merely a convenience to you and other users. Should you access any third party website through a hyperlink on the Site, you agree that you alone bear the risk of doing so. That a link to a third-party website exists on the Site does not indicate that the Company has reviewed the website to which the link leads. The Company has no responsibility for any content of any such third-party site and shall not be liable for any damages, losses, injuries or other claims arising from any such content. The Company does not make any representation or warranties about these sites of any kind and does not endorse any of the messages or information contained in the third party linked sites. For the avoidance of doubt, and without limiting the preceding sentence, the Company disclaims any representation, warranty or endorsement of any information or products or materials found on any third-party website, or any results that me be obtained from using such products.
14. Choice of Law
Excepting matters herein that are the subject of US federal copyright, trademark or patent law, the interpretation and enforcement of this Agreement shall be governed by the laws of the State of Washington. Jurisdiction shall be in King County WA.
15. Forum for Disputes
Except in case of enforcement of a right in intellectual property where any such dispute must, under applicable law, be brought elsewhere, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Washington and courts of the United States of America sitting in Seattle, WA as the forum for any dispute or litigation arising out of or relating to the use of the Site, transactions on the Site, or any term of this Agreement. You further agree that you will not commence against the Company any litigation related to the foregoing in any forum other than the courts of the state of Washington or U.S. Courts located in Seattle, WA.
16. Appropriate Submissions to the Site
All information provided by you to the Company in connection with or related to your use of the Site shall not: (a) be false, inaccurate or misleading; (b) be obscene or indecent; (c) contain any viruses, worms, Trojans, or other malicious software or code which may damage, adversely interfere with, intercept or expropriate any system, personal information, or other data submitted to or used in connection with the Site; (d) infringe on any person's copyright, trademark, patent or any other intellectual property right of such person or any rights of publically or privacy of any person; (e) be defamatory, unlawfully threatening or harassing; and (f) subject the Company to any liability, claim or loss, or in any way interfere with the Company's relationship with its internet service provider(s) or any other supplier. you agree that you shall be responsible for the content of any transmission made to the Company or the Site by you or any person directed to the Site by you, whether directly or indirectly, including its truthfulness and accuracy.
17. Shut Down and Changes to the Site and the Content
The Company reserves the right to modify or shut down the Site, or any part or feature of the Site, and to delete, modify or supplement the Content of the Site at any time for any reason, without notification to you or any other person or organization.
If any provision or provisions of this Agreement shall be found to be contrary to applicable law or otherwise invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the remainder of the Agreement, which shall remain in full force and effect to the extent permitted by applicable law.
The section heading used in this Agreement are solely for the convenience of its readers and shall not affect the interpretation of this Agreement in any way.
20. No Waiver
Any delay or failure by the Company to fully enforce or to require full compliance with the terms of this Agreement, at any time or from time to time, shall not be deemed a waiver of its right to demand full compliance at a later date. Any permanent or binding waiver of such a right by the Company must be received by you in writing to be effective and shall only apply to the specific incident or violation for which the waiver was granted and not to any subsequent incidents or violation of similar character or otherwise.
21. Entire Agreement; Amendments
This Agreement and the documents, policies, and procedures expressly referenced herein constitute the entire agreement between the Company and you relating to the subject matter of access and usage to the Company's website. The Company reserves the right to unilaterally amend or modify the Agreement or any other such documents, policies and procedures at any time. Amendments shall be effective 30 days after publication of notice that the Agreement or other such document has been modified. Notification of amendments shall be published on the Site. The continuation of your use of the Site constitutes acceptance of any and all such amendments.
You may not assign your rights or delegate any of your responsibilities hereunder without the express written consent of the Company and all such assignments made without such written consent shall be null and void. The Company may, at any time, assign it rights or obligations with respect to the development, operation, provision and maintenance of the Site and with respect to its obligations hereunder at any time and without notice.
The Company shall have the right to immediately issue a warning, suspend or terminate your access to the Site and terminate this Agreement with respect to you, for breach of this Agreement. The Company's rights shall be exercisable in its sole and absolute discretion. You may terminate your account at any time in your sole discretion by contacting the Company at the contact information noted in the Site.
Last updated August 30, 2017.