INTRODUCTION and DEFINITIONS
These Terms of Use and the DISCLAIMER govern your access to, and your use of, www.BarReciprocity.com (“Website”). Agreeing to both is a condition precedent for access and use. Do not access this website if you do not understand and agree to the Terms of Use and DISCLAIMER.
For purposes of these Terms of Use, the terms “User” and “you” are used interchangeably.
If you have purchased a subscription and the Terms of Use are unacceptable to you, you may cancel your subscription pursuant the Cancellation policy in the Terms of Sale. Your continued use of the Website following any changes in the Terms of Service constitute an acceptance to the new rules, changes, or modifications.
We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
REGISTRATION AND SECURITY
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to provide certain registration information, all of which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to BarReciprocity.com. You may not (1) select or use the login credentials of another person with the intent to impersonate that person; (2) use login credentials in which another person has rights without such person’s authorization; or (3) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
FEES AND PAYMENTS
BarReciprocity.com reserves the right at any time to charge fees for access to portions of the Website or the Website as a whole. You may cancel your account at any time. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
MODIFICATIONS
BarReciprocity.com may revise and modify the Terms of Use and DISCLAIMER without notice. Any aspect of the Website may be changed, supplemented, deleted, or updated without notice at the sole discretion of BarReciprocity.com. BarRecipocity.com, in its sole discretion, may also establish, change, or impose fees for products and services provided through the website at any time and without notice.
OWNERSHIP and LICENSE
Any and all intellectual property rights (“Intellectual Property”) associated with the Website are the sole property of BarReciprocity.com, its affiliates, or third parties. Intellectual Property includes, but is not limited to, all copyrights, patents, trademarks, and trade secrets as well as documents and data. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.
Unless otherwise expressly authorized in writing, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way. BarReciprocity.com does not grant the user any express or implied rights to the Website’s Intellectual Property or any third party’s Intellectual Property.
BarReciprocity.com grants the user a limited, personal, nontransferable, non-sublicensable, and revocable license to access and use the Website in the manner presented by BarRecriprocity.com and to access and use the Website’s computer and network services offered within the website only in the manner expressly permitted by the Website.
Except to the extent required by law or as expressly provided, the Website’s content and information cannot be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, retransmitted into any form or by any means, and resold or redistributed without the prior written consent of BarReciprocity.com. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by BarReciprocity.com.
LINKS
External Links. The Website contains links to third-party websites and resources. These external links are provided solely as a convenience to the user and do not act as an endorsement of the content on those sites. BarReciprocity.com makes no representations or warranties regarding the correctness, accuracy, performance, or quality of any content, software, service or application found at any linked site. BarReciprocity.com is not responsible for the availability of the linked sites or the content and activities of such sites. If the User decides to access linked sites, he or she does so at his or her own risk and is subject to any applicable policies and terms and conditions of use of the linked site.
Inbound Links. Links to the Website are welcome so long as the originating site acknowledges and cites BarReciprocity.com. However, any website or other device that links to a page on the Website cannot: (1) imply in an fashion that BarReciprocity.com, or any of its affiliates, are endorsing it or any of its products; (2) replicate content; (3) misrepresent any facts – including a relationship or affiliation with BarReciprocity.com; (4) present false information about BarReciprocity.com or its services, and (5) use BarReciprocity.com’s logo or mark without express written consent from BarReciprocity.com.
GENERAL and SEVERABILITY
The User may not assign these Terms of Use or any of the User’s interests, rights, or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
SUBMISSIONS/FEEDBACK
BarReciprocity.com welcomes ideas, concepts, and techniques for new services or products. However, the user acknowledges that any submissions made directly to the website, or any individual associated with BarReciprocity.com, will not be considered confidential or proprietary. In addition, BarReciprocity.com and its affiliates are under no obligation to keep such information confidential and may publish the submission without notice. BarReciprocity.com has an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit any ideas, suggestions, feedback, or comments in any manner it chooses.
TERMINATION
You agree that BarReciprocity.com, in its sole discretion, may terminate or suspend a User’s account or use of the Website at any time and for any, or no reason, even if access and use continues to be allowed to others. Upon such suspension or termination, the User must immediately discontinue use of the Website and destroy any copies you have made of any portion of the Website. Accessing the Website or system after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, the User agrees that BarReciprocity.com shall not be liable to the User or any third party for any termination or suspension of the User’s access to the website, system, or any services. Any such termination will not result in a refund of money paid to access the Website.
DISCLAIMER OF WARRANTIES
BARRECIPROCITY.COM MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OF ITS CONTENT ON THE WEBSITE. THE USER RECOGNIZES THAT GOVERNMENT RULES, STATUTES, AND POLICIES CHANGE FREQUENTLY AND WITHOUT NOTICE. ACCESS AND USE OF WWW.BARRECIPROCITY.COM OCCURS AT THE USER’S OWN RISK AND BY USING THE WEBSITE THE USER ACCEPTS SUCH RISKS.
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. BARRECIPROCITY.COM AND ALL AFFILIATED ENTITIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. BARRECIPROCITY.COM AND ALL AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, OR TIMELINESS OF THE CONTENT AND INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR SYSTEM. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY BARRECIPROCITY.COM IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO A PARTICULAR USER. IF THE USER IS DEALING AS A CONSUMER, HIS OR HER STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. THE USER AGREES AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT BARRECIPROCITY.COM IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, BARRECIPROCITY.COM IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BARRECIPROCITY.COM, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED WITH THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF EMPLOYMENT, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SYSTEM WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BARRECIPROCITY.COM HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
JURISDICTION and TIME LIMITATION OF CLAIMS
TO THE FULLEST EXTENT PERMITTED BY LAW, THE USER HEREBY EXPRESSLY AGREES THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SYSTEM CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF DENVER, COLORADO, UNITED STATES OF AMERICA. YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. THE USER AGREES THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR SYSTEM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
INDEMNIFICATION
THE USER AGREES TO DEFEND, INDEMNIFY, AND HOLD BARRECIPROCITY.COM HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS OR THE DISCLAIMER.
GOVERNING LAW or LANGUAGE
To the fullest extent permitted by law, these Terms of Use and DISCLAIMER are governed by the internal substantive laws of Colorado, U.S.A. The controlling language is English. BarReciprocity.com does not translate and does not warrant any translations.
COMPLETE AGREEMENT
Except as expressly provided in a separate written agreement, these TERMS OF USE and DISCLAIMER constitute the complete agreement.