I. Terms and Conditions of Use
A. Acceptance Of Terms Through Use
B. Agreement to Rules of Conduct
You agree to abide by BELD's Rules of Online Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. The Rules of Online Conduct are set forth below.
C. Proprietary Rights and Grant of Limited License
BELD provides access to information, communications, software, photographs, video, graphics, music, sounds and other material and services located both on BELD's computer servers and other services on the Internet ("Content."). Such Content may be protected by copyrights, trademarks, other intellectual property rights, and other proprietary rights ("Rights") of independent third parties. You agree that your use of such Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners and/or licensors of the Rights in such Content. You agree not to post or transmit Content that is subject to another party's Rights, on or through the service offered by BELD, without that party's express written permission, when such permission is required by law or agreement.
D. Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain Content that some people may find inappropriate or offensive. These other sites are not under the control of BELD, and you acknowledge that BELD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by BELD.
E. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "ONLINE MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BELD DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
F. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BELD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BELDs LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by BELD, you agree to defend, release, indemnify, and hold harmless BELD, and its commissioners, employees, and contractors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. BELD reserves the right, at it's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you will cooperate with BELD in asserting any available defenses.
H. Choice of Law and Forum
I. Entire Agreement
II. Rules of Online Conduct
A. Prohibited Activities
By using this site, you agree that you will not post, distribute or upload any Content, as defined above, that:
- infringes on any copyright, patent, trademark, trade dress, trade secret, or other proprietary right of any party;
- abuses, degrades, harasses, intimidates, threatens or victimizes an individual, group of individuals or entity;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any other form of unauthorized solicitation;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- or impersonates any person or entity, including but not limited to any employee or official of BELD, or any information provider, guide, or Internet host.