This
website, including any subsite accessible through the homepage
(the "Site"), is published and maintained
by subsidiaries, affiliates, and/or related entities of Backwoods
Corporation of America ("Backwoods"). Please note that
when you enter any subsite accessible through this homepage
or the shopping page, such subsite may have its own terms and
conditions of use which are specific to such subsite. When
you access, browse, or use this Site you accept, without limitation
or qualification, the terms and conditions set forth below
and any additional terms and conditions of use set forth in
any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute,
exchange, modify, sell, or transmit anything you copy
from this Site, including but not limited to any text,
images, audio, and video, for any business, commercial,
or public purpose. As long as you comply with the terms
of these Terms and Conditions of Use, Backwoods grants you
a non-exclusive, non-transferable, limited right to enter,
display, and use this Site. You agree not to interrupt
or attempt to interrupt the operation of this Site in
any way.
Ownership
All materials on this Site, including but not limited to
audio, images, software, text, and video clips (the "Content"),
are protected by copyright under U.S. copyright law,
international conventions, and other copyright laws.
You cannot use the Content, except as specified herein.
You agree to follow all instructions on this Site limiting
the way you may use the Content. There are a number of
proprietary logos, service marks, and trademarks found
on this Site. By making them available on this Site,
Backwoods is not granting you any license to utilize those
proprietary logos, service marks, or trademarks. Any
unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity,
and civil and criminal statutes.
You may download one (1) copy only of the Content to be
used only by you for your personal use at home, unless
the subsite you are accessing states that you may not.
If you download any Content from this Site, you may not
remove any copyright or trademark notices or other notices
that go with it.
Rules for Chatrooms, Bulletin Boards, and Other User-Supplied
Material
This website may have an area which allows you to "chat" or
upload and download materials. When using any of these
areas, you agree not to post, send, transmit, upload, or
otherwise publish through this Site, any materials that
(1) interfere with anyone else's use of the Site; (2) are
abusive, illegal, indecent, obscene, offensive, or threatening
in any way; (3) encourage anyone to break the law; (4)
violate anyone's copyright or other property right; (5)
interfere with the privacy of any other user; (6) contain
a virus or any other harmful component; or (7) contain
false or misleading statements of fact or descriptions
of the origin of the material or the communication. You
agree to comply with any additional terms which are referred
to on this Site or any subsite within the website.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory,
libelous, obscene, pornographic, profane, threatening,
or unlawful material or any material that could constitute
or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise
violate any law. Although Backwoods may from time to time
monitor or review bulletin boards, chatrooms, discussions,
postings, transmissions, and the like on the Site, Backwoods
is under no obligation to do so and assumes no liability
or responsibility arising from the contents of any such
communications or for any defamation, error, inaccuracy,
libel, obscenity, or profanity contained in any such
communication. Backwoods may change, edit, or remove any user
material or conversations that are illegal, indecent,
obscene, or offensive, or that violate Backwoods's policies
in any way. Backwoods will fully cooperate with any law enforcement
authorities or court order requesting or directing Backwoods
to disclose the identity of anyone posting such materials.
Backwoods's Rights to User's Material
If you send any communications or materials to the Site
by electronic mail or otherwise, including any comments,
data, questions, suggestions, or the like, all such communications
are, and will be treated as, non-confidential and non-proprietary.
Thus, you give up any claim that any use of such material
violates any of your rights including moral rights, privacy
rights, proprietary or other property rights, publicity
rights, rights to credit for material or ideas, or any
other right, including the right to approve the way Backwoods
uses such material.
Any material submitted to this Site may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted,
published, sold, transmitted, or used by Backwoods anywhere
in the world, in any medium, forever. Furthermore, Backwoods
is free to use, without any compensation to you, any concepts,
ideas, know-how, or techniques contained in any communication
you send to the Site for any purpose whatsoever, including
but not limited to developing, manufacturing, and marketing
products using such information. However, you agree and
understand that Backwoods is not obligated to use any such ideas
or materials, and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or
secure. You understand that any message or information
you send to this Site may be read or intercepted by others,
unless there is a special notice that a particular message
(for example, credit card information) is encrypted (sent
in code). Sending a message to Backwoods does not cause Backwoods
to have any special responsibility to you.
Links
This website may contain links to other Internet sites
on the World Wide Web. Backwoods provides such links for your
convenience only, and is not responsible for the content
of any website linked to or from this Site. Links from
this Site to any other website do not mean that Backwoods
approves of, endorses, or recommends that website. Backwoods
disclaims all warranties, express or implied, as to the
accuracy, legality, reliability, or validity of any content
on any other website.
Contests
This Site may contain contests that offer prizes or that
require you to send in material or information about
yourself. Each contest has its own rules, which you must
read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian
before you:
E-mail the Site, or ask us to e-mail anything to you
Send in any information
Enter any contest or game that requires information about
you or offers a prize
Join any club or group
Post any information on any bulletin board or enter any
chatroom or
Buy anything online
Availability of Products and Services
The products and services displayed on the Site may not
be available for purchase in your particular country or
locality. The reference to such products and services on
the Site does not imply or warrant that these products
or services will be available at any time in your particular
location. You should check with your local Backwoods authorized
representative for the availability of specific products
and services in your area.
Backwoods' Right to Change
These Terms and Conditions of Use or Content on the
Site
Backwoods may add to, change, or remove any part of these Terms
and Conditions of Use at any time, without notice. Any
changes to these Terms and Conditions of Use or any terms
posted on this Site apply as soon as they are posted. By
continuing to use this Site after any changes are posted,
you are indicating your acceptance of those changes. Backwoods
may add, change, discontinue, remove, or suspend any other
Content posted on this Site, including features and specifications
of products described or depicted on the Site, temporarily
or permanently, at any time, without notice and without
liability.
Indemnification
You agree to indemnify, defend, and hold Backwoods and all of
its agents, directors, employees, information providers,
licensors and licensees, officers, and parent (collectively, "Indemnified
Parties"), harmless from and against any and all
liability and costs (including, without limitation, attorneys'
fees and costs), incurred by the Indemnified Parties
in connection with any claim arising out of any breach
by you of these Terms and Conditions of Use or the foregoing
representations, warranties, and covenants. You will
cooperate as fully as reasonably required in Backwoods's defense
of any claim. Backwoods reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall
not in any event settle any matter without the written
consent of Backwoods.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING
ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED
THROUGH THIS SITE) IS PROVIDED "AS IS." TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO
THE CONTENT ON THIS SITE, Backwoods MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE
THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS
SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS
THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER
EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE,
DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Backwoods'S
NEGLIGENCE, SHALL Backwoods BE LIABLE FOR ANY CONSEQUENTIAL,
DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES
RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR
(C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF
THIS SITE, EVEN IF Backwoods OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Backwoods'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms
posted on this Site together constitute the entire agreement
between Backwoods and you with respect to your use of
this Site. Any cause of action you may have with respect to
your use of this Site must be commenced within one (1)
year after the claim or cause of action arises. If for
any reason a court of competent jurisdiction finds any
provision of these Terms and Conditions of Use, or portion
thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect
the intent of this agreement, and the remainder of these
Terms and Conditions of Use shall continue in full force
and effect. These Terms and Conditions of Use shall be
governed by and construed in accordance with the laws
of the State of Kansas, United States of America, without
reference to its conflicts of law rules.