Terms and Conditions

Order Policy – Shipping

 

Delivery Method and Timing

 

At Brewer Band Boosters we make every effort to fulfill your order within 24 hours of receipt. Orders received before 4:00 p.m. CST Monday-Friday will be fulfilled the same day, after 4:00 p.m. on the following business day. If for some reason we can not fulfill your order within that time frame, we will contact you at the telephone number provided. We ship via USPS and UPS, Monday through Friday. Shipment is via USPS Parcel Post and/or UPS Ground, and delivery is within 2-8 days from date of shipment.

 

 

 

Order Policy – Return/Refund

 

At Brewer Band Boosters we want you to be completely satisfied with your purchase. Because our products are perishables, and personal items, our return and refund policy is limited to certain criteria. We have framed our Return / Refund Policy to meet the needs of our customers while still recognizing the business environment. If you need to return an item, please review the complete details of our return policy below to determine if any special return conditions apply.

 

Damaged or Wrongly Shipped Items

 

If you have received the wrong product, or it is damaged in shipment, the request for exchange should be submitted within 3 days of the delivery date. After return of the item as per “Conditions for Return”, replacement for damaged/ wrongly shipped items will be made.

 

 

Refund for non-delivery of Items

 

In case of missed/non-delivery of items, while the recipient is away, the order will be repeated once more after the stipulated day. In case of non-delivery of an item altogether, then the refund for the same will be made.

 

Lost or Stolen Packages

 

Brewer Band Boosters highly recommends you have your packages delivered to a location where someone can receive the package when delivered. Please note that Brewer Band Boosters is no longer liable for the package once it has been delivered to addressed location if for any reason the package is lost or stolen  there after delivery.

 

Partial-Refunds

 

Partial Refunds will be made in case of multiple goods being ordered and one/few items amongst that list is/are not delivered. In such cases, customers will be refunded only against non-executed deliveries.

 

Refund against cancelled orders

 

Refund will be made only against approved cancelled orders. Please call Brewer Band Boosters, for approval.

 

Conditions for Return

 

Perishables and personal care items – May not be returned, unless defective or wrongly delivered. Any items returned must be in new condition with its original packing and accessories intact or it may be subject to a restocking fee.

 

Note: Refund for item(s) or exchange for damaged/ wrongly shipped item(s) will be transacted after deducting the shipping/handling charges.

 

Duration of Returns:

 

Returns on Credit Card: Please allow up to two billing cycles for the return credit to appear on your credit card statement.

 

Alternative Method – Store Credit: If credit cannot be issued to your credit card, then on mutual acceptance a store credit will be issued i.e. order worth the refund amount can be used in future from your store credit for other purchase. Store credit must be used within 120 days of issuance.

 

Please email or call us if you have questions about products or this Return / Refund policy.

 

Send an email to wsisdbandboosters@gmail.com

 

Call 817-367-1200

 

Send a request by mail to:
Brewer Band Boosters

1025 W loop 820

Fort Worth, TX 76108

 

 

 

Privacy Statement

 

This privacy policy identifies the type of information Brewer Band Boosters, collects from its customers and how Brewer Band Boosters uses this information. If you have any questions about this policy, or the manner in which Brewer Band Boosters uses personal information; we encourage you to contact us at wsisdbandboosters@gmail.com.

 

Use of Customer Information

Brewer Band Boosters respects the privacy of its customers and takes steps to prevent unauthorized disclosure of customer information to third parties. Customer information includes any and all information received by Brewer Band Boosters from its customers, whether such information is received by email, online forms, telephone, facsimile, mail or otherwise. Brewer Band Boosters stores this information to enable it to fulfill orders or to improve the level of service to its Customers. Brewer Band Boosters also shares certain personal and/or financial information with its merchant account and banking vendors to process orders and payments and with common carriers to ship products to you. Unless required by law or by court order, Brewer Band Boosters will not disclose, share or sell any customer information to any other third party without your prior authorization.

 

Personal and Financial Information Collected by Brewer Band Boosters

Throughout our website there are forms that request information from you and/or allow you to purchase products and services. These forms typically ask for contact information (such as name, mailing address and email address), login and password information and financial information (such as credit card number, expiration date and verification code) required to process your order and ship products to you. Brewer Band Boosters will collect similar information when processing orders via telephone. The provision of such information by you is entirely voluntary. If you elect or opt in to receive information from us, we will ask for a valid email address and telephone number so we can inform you of other products or services available or to contact you about your opinion of current products and services or potential new products and services that may be offered. You may opt out of receiving future mailings from Brewer Band Boosters by following the procedures detailed in the Choice/Opt Out section located below, on forms located on our website or in emails you receive from us. You may also request that we delete any personal information from our customer databases at any time by contacting Brewer Band Boosters.

 

Cookies

 

Brewer Band Boosters may use cookies or similar files or scripts throughout its website to enhance your convenience in using our websites, to improve search functionality or to hold information that you would otherwise need to re-key. Cookies are text files collected by a user’s web browser. If you do not wish to accept cookies from our website, you may configure your web browser so that it does not accept cookies; however, you may lose certain functions available on our website.

 

Links

The Brewer Band Boosters website may contain links to other websites not affiliated with Brewer Band Boosters, including websites of Brewer Band Boosters, vendors and service providers. Brewer Band Boosters is not responsible for the privacy practices or the content of such other sites. By including links to other websites, we neither endorse such sites nor guarantee that the information they contain is accurate. We encourage you to be aware when you leave our site to read the privacy statements of every linked website as the privacy policies of each may differ from ours. This privacy statement applies solely to Brewer Band Boosters.

 

Monitoring

Brewer Band Boosters is under no obligation to monitor the conduct of its website users, but it may investigate and respond if violations are reported. Brewer Band Boosters reserves the right to delete, remove or exclude any listing or information, in its sole discretion, that does not meet its intent and guidelines for the services offered on the website.

 

Changes to Privacy Policy

In the future, Brewer Band Boosters may offer new and different programs that necessitate a change in this Policy. Brewer Band Boosters reserves the right to change its privacy policy at any time without prior notice. Any changes to the privacy policy will be posted on this page and will be effective immediately upon posting.

 

Governing Law and Jurisdiction

This Policy, and Brewer Band Boosters, collection and use of customer information, shall be governed and interpreted in accordance with the laws of the United States and the state of Texas.

 

Governing Language

Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.

 

Security

We are committed to preventing others from unauthorized access to the personal information you provide to us, and we maintain commercially reasonable procedures and technology designed for this purpose. This website has reasonable technical and organizational security measures in place to protect the loss, misuse or alteration of information under our control. However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology in order to improve the protection of customer information.

We suggest that you install anti-virus software on your computer and routinely check for viruses, keyloggers, spyware and other programs that may become installed on your computer without your permission. If you believe that you have received a virus from Brewer Band Boosters, please contact us as soon as possible so that we may take remedial measures to remove the virus.

Brewer Band Boosters does not send emails to customers requesting billing, login or password information. If you receive an email purporting to be from Brewer Band Boosters that asks you to provide personal or account information, or login and passwords, do not provide such information unless you have first verified that the website or email is from Brewer Band Boosters. Such emails may be fraudulent and used in connection with scams known as phishing. Brewer Band Boosters asks that you report any suspicious emails or websites to Brewer Band Boosters.

 

Choice/Opt Out and Contact Information

You may request copies of or have Brewer Band Boosters make changes or corrections to personal information in Brewer Band Boosters possession by contacting Brewer Band Boosters at wsisdbandboosters@gmail.com.

You may opt out of receiving further communications from us or others through any of the following methods:

Send an email to wsisdbandboosters@gmail.com

Send a request by mail to:
Brewer Band Boosters
1025 W Loop 820 Rd.
Fort Worth, TX 76108

Call 817-367-1200

 

 

 

 

Terms of Service

 

 

These terms and conditions (“Standard Terms”) are incorporated by reference into the order (the “Order”) submitted by the below indicated Client or its agency (jointly and severally, “Client”) to Brewer Band Boosters. In the event of a conflict between these Standard Terms and the Order, these Standard Terms shall govern. These Standard Terms and the Order are collectively referred to herein as the “Agreement.”

 

  1. Term of Agreement
    The term of the Agreement commences on the date Brewer Band Boosters delivers written (or electronic) confirmation of its acceptance of Client’s Order (the “Acceptance Date”), and terminates on the End Date set forth in the Order or forty-eight (48) hours after either party delivers written notice to the other of its intent to terminate this Agreement for any reason. In the event of any termination, Client shall remain liable for any amount due under an Order, which obligation to pay shall survive any termination of this Agreement. Anything herein to the contrary notwithstanding, the provisions of the Agreement relating to confidentiality and any other provisions which by their nature should survive termination or expiration of this Agreement, shall so survive.
    2. Acceptance/Rejection of Orders
    Submission of your completed Order is merely an offer to Brewer Band Boosters to use commercially reasonable efforts to provide the products and services and deliver the deliverables described in the Order for the price proposed therein. The Order is not binding on Brewer Band Boosters unless or until Brewer Band Boosters delivers written confirmation of its acceptance of the Order to the Client. Brewer Band Boosters reserves the right, in its sole discretion, to accept or reject any Order. Acceptance of an Order only obligates Brewer Band Boosters to use commercially reasonable efforts to provide the products and services described in the Order. In the event Brewer Band Boosters accepts an Order, Client shall have thirty (10) days to make its survey available to Brewer Band Boosters as requested by the Order. In the event Brewer Band Boosters rejects an Order, it may propose an alternative price and/or product or service for the Order, which such alternative proposal shall be merely an offer to the Client to provide such products and services and deliver such deliverables as specified in the alternative proposal. Unless otherwise stated in such an alternative proposal, the alternative proposal shall be valid for a period of thirty (3) days from the date of proposal. If not accepted by Client (as confirmed in a writing received by Brewer Band Boosters) during such period, Brewer Band Boosters alternative proposal shall be automatically revoked.
    3. Term of Payment
    Promptly after sending written confirmation of its acceptance of Client’s Order, Brewer Band Boosters will invoice Client the amount set forth in the Order. Unless otherwise stated in Brewer Band Boosters insertion order: (i) payment of one hundred percent (100%) of such amount shall be payable to Brewer Band Boosters upon receipt of the invoice in the Order. In the event Brewer Band Boosters is unable to obtain the specific or alternative products or services in an Order in accordance with the terms of such Order, Brewer Band Boosters will: (i) reduce the Order price charged to Client by a price equal to the products or services unable to provide in the Order; and (ii) provide Client with a five percent (5%) discount on its next Order accepted by Brewer Band Boosters. In the event of any failure by client to make payment, Client will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Brewer Band Boosters in collecting such amounts. Without limiting any other remedy available to Brewer Band Boosters in law or equity, in the event that Client is in default of its obligations hereunder, including without limitation delinquent in payments required to be made hereunder, Client shall upon notice by Brewer Band Boosters cease-and-desist from any further use of any products or services acquired under this Agreement. All payments due hereunder are in U.S. dollars and are exclusive of any applicable taxes. Client shall be responsible for all applicable taxes.
    4. Confidientiality
    During the term of this Agreement, and until such time as the “Confidential Information” (as defined below) is no longer protected as a trade secret or confidential information under Texas law, neither party will use or disclose any “Confidential Information” of the other party except as specifically contemplated herein. “Confidential Information” means information that: (1) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. Subject to the foregoing: (i) Confidential Information of Brewer Band Boosters includes, but is not limited to, the sources from which it obtains survey respondents, and the methods by which it obtains survey respondents; and Confidential Information of either party includes, but is not limited to, technical or non-technical data, a formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers, and the terms of the Order. Confidential Information does not include information that: (i) has been independently developed by the receiving party without access to the other party’s Confidential Information; (ii) has become publicly known through no breach of this Section by the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure; (iv) has been approved for release in writing by the disclosing party; or (v) is required to be disclosed by a competent legal or governmental authority. At the request of the disclosing party, the receiving party shall return all of the disclosing party’s Confidential Information to the disclosing party.
  2. Warranty; Disclaimer
    Brewer Band Boosters warrants that: (i) it will provide its services hereunder in a professional and workmanlike manner; and (ii) the third parties with which it contracts to assist it in obtaining respondents for surveys are required by their agreements with Brewer Band Boosters work to comply with the federal CAN-SPAM Act. WITH THE EXCEPTION OF THE PRECEDING WARRANTY, Brewer Band Boosters MAKES NO WARRANTY WITH RESPECT TO ANY MATTER INCLUDING, WITHOUT LIMITATION, ITS SERVICES AND DELIVERABLES HEREUNDER, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY OR FUNCTIONALITY OF ANY ASPECT OF THE SERVICES OR DELIVERABLES HEREUNDER.
    6. Limitations of Liability
    In the event that Brewer Band Boosters fails to deliver any services or deliverables, including nutritional products and advice, in accordance with, and within the time period(s) set forth in, the applicable Order, or in the event of any other failure, technical or otherwise of such services or deliverables, the entire liability of Brewer Band Boosters and the exclusive remedy of Client shall be limited to the price reduction and future credit set forth in Paragraph 3 above. IN NO EVENT SHALL Brewer Band Boosters BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE SAMPLE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL HEALTHY LIFESTYLESECRETS, LLC AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM EXCEED THE AGGREGATE AMOUNT OF THE ORDER. Without limiting the foregoing, Brewer Band Boosters shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of Brewer Band Boosters. Client acknowledges that Brewer Band Boosters has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties. It is further noted that products and services offered by Brewer Band Boosters are not intended to serve as a substitute for professional medical care. Please consult your health care practitioner for any health concern or before starting any new workout or nutritional program or ingesting nutritional supplements.
  3. Miscellaneous
    This Agreement and the Order constitute the entire agreement of the parties with respect to the subject matter of the Order. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in the State of Texas, the jurisdiction and venue of which the parties irrevocably consent to for this purpose. This Agreement may be amended only by a writing executed by a duly authorized representative of each party. Client shall make no public announcement regarding the existence or content of the Order without Brewer Band Boosters prior written approval, which approval shall not be unreasonably withheld. Any notices under this Agreement shall be sent to the addresses set forth in the Order (or in a separate writing) by facsimile or nationally-recognized express delivery service and deemed given upon receipt. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

 

By submitting its Order to Brewer Band Boosters, Client assent and agrees to these Standard Terms.

 

 

Brewer Band Boosters makes no representation that material in the site is appropriate or available for use outside of the territory of the intended audience. In addition, nothing on this website should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision or action. Specific medical advice should always be sought from a qualified medical practitioner. We use reasonable efforts to update this website, but some information may become out of date over time. Except as specifically stated, Brewer Band Boosters makes no claims or warranties as to the accuracy, completeness, or use of the information contained on this website.

 

AUTOMATICALLY BECOME A REGISTERED USER: As a subscriber to one of our Fee-Based Products, you automatically become a registered user of this Website, which provides you with access to certain products, offerings, features, or resources of our Website. As a registered user you will be added to our e-mail, mailing, and/or text messaging contact lists. If you cancel your subscription to our Fee-Based Products, you will remain a registered user of our Website and other communications lists unless you specifically request otherwise.

 

DISCLAIMER OF WARRANTIES: While we take precautions to avoid viruses, we cannot guarantee that files will be free from viruses or other destructive code. You are responsible for implementing sufficient anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

INTELLECTUAL PROPERTY/COPYRIGHT AND TRADEMARK NOTICE: No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

You may read, view, print, download and copy the material on this website for your personal and non-commercial use, but only if you acknowledge the website as the source of the material and include the copyright statement “© Brewer Band Boosters, all rights reserved”. Unless specifically indicated, no other use of the material is permitted.

 

LINKS: Throughout our Website you may find links to external sources owned and operated by third parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.

 

User Contributions

 

This Website may contain user submitted recipes, images, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

 

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Monitoring and Enforcement; Termination

We have the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for [any or no reason, including without limitation,] any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy at https://fightinbearband.com/copyright-policy/ for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

This Website may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

STANDARDS AND CONDUCT GUIDELINES: You acknowledge that all Content posted, emailed, or otherwise transmitted to, or on our online community which can be accessed via the Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to Website. We do not control the Postings posted, emailed or otherwise transmitted by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for the users (as described below), you understand that by using Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through our Website. You agree not to:

 

  • Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
  • Harm minors in any way or solicit or otherwise attempt to gain any information from a minor;
  • Impersonate any person or entity, including, but not limited to any user, a director, officer, employee, agent or representative of ours or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Website;
  • Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
  • Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience;
  • Interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to Website;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  • “Stalk” or otherwise harass another user;
  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users; or
  • Access or attempt to access another user’s account without his or her consent.

 

Your privilege to use and/or access the Website and contribute to discussions depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of this Website and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your access. We reserve the right to monitor some, all, or no areas of this Website for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings on Connect, we are acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Postings or activities, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to when it is posted or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove, and we are not liable for any loss you incur in the event that Content you post or transmit is removed.

 

MISCELLANIOUS TERMS: In any action against us arising from the use of this Website (including, without limitation, the Fee-Based Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

 

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with the Terms & Conditions (if applicable) and any Additional Terms, are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement, the Additional Terms and the Terms & Conditions, this Agreement shall control.

 

This Agreement may be modified only by our posting of changes to this Agreement on this Website or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.

 

We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

 

INDEMNIMICATION: You agree to defend, indemnify and hold harmless Healthy Lifestyle Se Brewer Band Boosters crets, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

GOVERNING LAWS AND JURISDICTIONS: All matters relating to the Website and these Terms of Use and any dispute or claim arising from or related to, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Fort Worth and Tarrant County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

LIMITATION ON TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

WAIVER AND SEVERABILITY: No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect