WEB SITE TERMS-OF-USE AGREEMENT
USE OF SITE
This web site is provided for the use of current and future customers of TBNB.com, Inc. To provide you with information about our company, to permit you to place orders for our products and services. It also enables you to contact us with any questions or comments that you may have. Any other use of this site is strictly prohibited. By the way of example you the customer should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate: any defamatory, threatening, harassing, or otherwise unlawful information; any advertisement, solicitation, spam, chain letter, or other similar type of information; any encouragement of illegal activity; unauthorized use or disclosure of private, personally identifies information of others; or any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials("Materials") are the property of TBNB.com, Inc. And are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purpose of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of the Web site and prevent unauthorized copying of the Contents. Except as provided in this Notice, TBNB.com, Inc. Does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site is at your own risk. Neither TBNB.com, Inc., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free: not do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, TBNB.com, Inc., does not warranty reliability of any statement or other information displayed or distributed through the Web site. TBNB.com, Inc., reserves the right, in its sole discretion, to correct any changes to this Web site, the Materials and the products, programs, services, or prices (if any) described in the Web site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIAL ON THIS WEB SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. TBNB.com, INC., MAKES NO REPRESENTATION OR WARRANTIES OR ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE. THE CONTENT, INFORMATION, OR MATERIALS ON THIS SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TBNB.com, INC., EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENTS, OR INFORMATION ON THIS WEB SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEB SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OR MERCHANTABILITY, ACCURACY, OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
LIMITATIONS OF LIABILITIES
YOU AGREE THAT TBNB.com, INC., AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OF USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE WEB SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE, IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL TBNB, INC., OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT DAMAGES,(INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD OR DISPLAYED ON THIS WEB SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER TBNB.com, INC., OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
You agree to indemnify, defend, and hold TBNB.com, Inc., its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of this Web site, violation of the Agreement, violation of any law or regulation, or violation of any proprietary or privacy act.
LIMITATIONS ON CLAIM
Any cause of action you may have with the respect to your use of this site must be commenced within one (1) year after the claim of cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, TBNB.com Inc., may immediately discontinue or suspend, terminate, or block you and any user's access to this Web site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to other Web sites operated by other entities(collectively the "Linked Sites"). If you use any Linked Site, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective precautions and measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form(e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by TBNB.com, Inc.. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by TBNB.com, Inc.. TBNB.com, Inc. does not endorse make any representations regarding or warrant any in formation, goods, and/or services appearing and/or offered on any Linked Site, other linked information authored by TBNB.com, Inc. Links do not imply that TBNB.com, Inc.,or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademarks, trade name, logo, or copyright symbol displayed in or accessible through the symbol of TBNB.com, Inc., or any of its affiliates or subsidiaries. Except for links to information authored by TBNB.com, Inc., TBNB.com, Inc., is neither responsible for nor will it be liable under any theory based upon, any linked site, any information and/or content found on any Linked Site, or any site(s) linked to or from any Linked Site. If you decide to visit any Linked Site and/or transact any business thereon, you do so at your own risk. TBNB.com, Inc., reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Site concerning any information, goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL ISSUES
This Agreement is governed and shall be construed in accordance with the laws of the State of Indiana, U.S.A., without reference to its conflicts of laws provisions. TBNB.com, Inc., makes no representation that the materials are appropriate or available for uses outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located with in Miami County, Indiana for any disputes with TBNB.com, Inc., arising out of your use of this site.
This Agreement constitutes the entire agreement between TBNB.com, Inc., and you with respect to this Web site, and it supersedes all prior contemporaneous communications and proposals, whether electronic, oral, or written, between you and TBNB.com, Inc., with respect to this Web
site. A printed version of this Agreement and of any notice given electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of complement jurisdiction find any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforce to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may review this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will be come effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. TBNB.com, Inc.,does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from TBNB.com, Inc.,solely through electronic transmission. You agree that when in the future you click on "I Agree," "I Consent," or similarly worded "Button" or entry field with you mouse, keystroke, or other computer device, you agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.