Below you will find our Terms of Use.
For the most part, this pertains to fair and equitable
business and ethics. Please examine and review for your protection as well as
ours.
The finer points are addressed below.
Visitors are advised to review our Privacy Policy as well.
Shoots and Matters TERMS AND CONDITIONS OF USE
Shoots and Matters is the blog/website at
http://shootsandmatters.blogspot.com which is published and managed by Back 40
Landscape Renovation and Maintenance - its website being http://back40.us.
This Site is operated by Back 40 Landscape Restoration and
Maintenance and materials on the Site are primarily owned by Back 40 Landscape
Restoration and Maintenance. The Site may also include materials owned by third
parties and posted on the Site by virtue of a license, grant or some other form
of agreement between the third party and Back 40 Landscape Restoration and
Maintenance. Back 40 Landscape Restoration and Maintenance has created this
Site for your personal use, enjoyment and education. However, you are only
authorized to access this Site or to use the materials contained in the Site
(regardless of whether your access or use is intended) if you agree to abide by
all applicable laws, and to these Terms of Use and Our Privacy Policy which
constitute an Agreement between you and Back 40 Landscape Restoration and
Maintenance. Please read these Terms of Use carefully and save them. If you do
not agree with them, you should leave this Site immediately. Any questions or
comments regarding, or problems with this Site should be sent to the Site
Administrator by going to http://back40.us/contact.html and conveying your
concerns or with what you are at issue.
Back 40 Landscape Restoration and Maintenance reserves the
right to modify or amend this Agreement without notice at any time. It is
therefore important that you read this page regularly to ensure you are aware
of any changes.
If you become aware of misuse or abuse of this Site by any
person, please contact the Site Administrator by going to http://back40.us/contact.html.
ACCESS AND USE
All materials contained in this Site are protected by U.S.
and international trademark and copyright laws and must only be used for
personal, non-commercial purposes. This means that you may only view or
download material from this Site for your own use and you must keep all
copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by
way of e-mail, facsimile or other electronic means), publication, modification,
copying or transmission of material from this Site is STRICTLY PROHIBITED
unless you have obtained the prior written consent of Back 40 Landscape
Restoration and Maintenance or unless it is expressly indicated and allowed by
this Site. The material covered by this prohibition includes, without
limitation, any text, graphics, logos, photographs, audio or video material or
stills from audiovisual material available on this Site. The use of materials
from this Site on any other website or networked computer environment is
similarly prohibited. Requests for permission to reproduce or distribute
materials found on this Site can be made by contacting Back 40 Landscape
Restoration and Maintenance in writing at Back 40 Landscape Restoration and
Maintenance, Business Affairs at 110 Renaissance Way, Columbia, SC 29204, or by
going to http://back40.us/contact.html.
You are also strictly prohibited from creating works or
materials which are derived from or based on the materials contained in this
Site including, without limitation, fonts, icons, link buttons, wallpaper,
desktop themes, on-line postcards and greeting cards and unlicensed
merchandise. This prohibition applies regardless of whether the derivative
materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you
becomes the property of Shoots and Matters and may be used by Shoots and
Matters for its own use and only for other uses as stated within Our Privacy
Policy. Shoots and Matters will release any and all parts of a message to legal
authorities needing or demanding such under proper and due jurisdiction.
MEMBERSHIP, CONTROLLED ACCESS, USER NAMES AND PASSWORDS
There are features and controls that may exist regarding
access to certain, sections, pages, content or features which require the user
(member) to establish by means of the user (member) initiating this or these at
their own will. Related and respective access and/or usage will not be granted
until such requirements are satisfied. It is the user's (member's)
responsibility to protect their assigned or created user name(s) or password(s)
from use by any other parties. Although no financial information or access to
such is transmitted directly to our website, http://shootsandmatters.blogspot.com,
we do our best to protect the information submitted by users (members) doing so
under the restriction of a user name and/or password. It is also the user's
(member's) responsibility to inform us if they believe their user name or
password has been compromised.
EXECUTION OF INFORMATION SECURITY
Shoots and Matters does its best to employ adequate
protection and security of information provided by Site visitors at the point
of reception within our Site or upon receiving via any other electronic
communications within our computer system/network. Shoots and Matters also does
its best to adequately protect and secure any such information once received
and stored.
In most cases, Shoots and Matters does not request nor
require information which would identify an individual, although a visitor does
have the opportunity to do so for whatever reason the visitor finds beneficial
or necessary. In certain instances, Shoots and Matters may find provision of
such additional information necessary in communicating or conducting business
with a visitor.
FINANCIAL INFORMATION SECURITY
Shoots and Matters does not request nor require, via its
Site, financial information which would or will be used, handled or processed
by Shoots and Matters.
POP-UPS
Shoots and Matters does not employ pop-ups on the Site.
Certain hyper-links activated (initiated) by a visitor may appear or be presented
as a web page or window opening in a reduced size, as a convenience to the
visitor or for the purposes of Shoots and Matters. The same may occur when
activating a hyper-link for an authorized third party providing such on the
Site.
Visitors are asked to advise Shoots and Matters by going to
http://back40.us/contact.html if any uninitiated window or page, reduced in
size or otherwise, appears while visiting any page on the Site.
UNSOLICITED SUBMISSIONS
If unsolicited submissions are sent to Shoots and Matters
via this Site, these submissions become the property of Shoots and Matters and
may be used, copied, sublicensed, adapted, transmitted, distributed, publicly
performed, published, displayed or deleted as Shoots and Matters sees fit. You
agree that you are not entitled to any compensation, credit or notice
whatsoever and that by sending an unsolicited submission you waive the right to
make any claim against Shoots and Matters, or affiliates relating to
unsolicited submissions, including, without limitation, unfair competition,
breach of implied contract or breach of confidentiality. See Our Privacy Policy
for more about how we prefer to handle unsolicited submissions.
LINKS AND ADVERTISING
If you are interested in creating hypertext links to this
Site, you must contact Back 40 Landscape Restoration and Maintenances by mail,
110 Renaissance Way, Columbia, SC 29204, phone 803-553-5757or go to http://back40.us/contact.html
before doing so. In establishing hypertext links, you must not represent in any
way, expressly or by implication, that you have received the endorsement,
sponsorship or support of this Site or Shoots and Matters, including its
respective employees, agents or officers.
If Shoots and Matters has provided links or pointers to
other websites, no inference or assumption should be made and no representation
should be implied that Shoots and Matters is connected with, operates or
controls these websites. Shoots and Matters is not responsible for the content
or practices of third party websites that may be linked to this Site. Our Site
may also be linked to other websites operated by companies affiliated or
connected with Shoots and Matters. When visiting other websites, however, you
should refer to each such website's individual "Terms of Use" and not
rely on this Agreement.
Shoots and Matters takes no responsibility for third party
advertisements which are posted on this Site, nor does it take any
responsibility for the goods or services provided by its advertisers.
TERMINATION
Shoots and Matters reserves the right to immediately
terminate your use of, or access to, this Site at any time if Shoots and
Matters decides at its sole discretion that you have breached this Agreement or
any relevant law, rule or regulation or you have engaged in conduct that Shoots
and Matters considers to be inappropriate or unacceptable.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site
constitutes infringement of your copyright, you should notify Shoots and
Matters of your copyright infringement claim in accordance with the following
procedure. Shoots and Matters will process notices of alleged infringement
which it receives and will take appropriate action as required by the Digital
Millennium Copyright Act ("DMCA") and other applicable intellectual
property laws. The DMCA requires that notifications of claimed copyright
infringement should be sent to this Site's Designated Agent, whom is: Back 40
Landscape Restoration and Maintenances, Attn: Legal Affairs, 110 Renaissance
Way, Columbia, SC 29204.
To be effective, the notification must be in writing and
contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1.) Physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; 2.) Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list
of such works at that site; 3.) Identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material; 4.)
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted; 5.) A
statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; 6.) A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
DISCLAIMER OF LIABILITY AND WARRANTIES
While Shoots and Matters does its best to ensure the optimal
performance of the Site, you agree that your use of this Site and reliance on
material contained in this Site is at your own risk. The Site, and all
materials in this Site, are provided "as is" and, to the fullest
extent permitted by law, are provided without warranties of any kind either
express or implied. This means, without limitation, that Shoots and Matters
DOES NOT WARRANT that the Site is fit for any particular purpose; that the
functions contained in the materials in the Site will be uninterrupted; that
defects will be corrected; that the Site is free of viruses and other harmful
components or that the Site is accurate, error free or reliable. You
acknowledge that Back 40 Landscape Restoration and Maintenances, and its
affiliates, together with their respective employees, agents, directors and
officers, IS NOT LIABLE for any delays, inaccuracies, failures, errors,
omissions, interruptions, deletions, defects, viruses, communication line
failures or for the theft, destruction, damage or unauthorized access to your
computer system or network.
You acknowledge that Back 40 Landscape Restoration and
Maintenances is not liable for any defamatory, offensive or illegal conduct or
material found in connection with this Site, including such conduct or material
transmitted by any means by any other person.
You acknowledge that Back 40 Landscape Restoration and
Maintenances is not liable for any damages, including, without limitation,
direct, incidental, special, consequential or punitive damages, in connection
with or arising from your use or from your inability to use the Site.
NO WARRANTY
WE, OUR ASSOCIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights that
vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR
SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO $50. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
INDEMNITY
You agree to defend, indemnify and hold harmless Back 40
Landscape Restoration and Maintenances, its parents and affiliates together
with their respective employees, agents, directors and officers, from and
against all the liabilities, claims, damages and expenses (including reasonable
attorney's fees and costs) arising out of your use of this Site; your failure
to use the Site; your breach or alleged breach of this Agreement or your breach
or alleged breach of the copyright, trademark, proprietary or other rights of
third parties.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use of
our service and your bidding on, listing, purchase, solicitation of offers to
purchase, and sale of items.
GENERAL PROVISIONS This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is unlawful, void
or unenforceable, that provision is deemed severable from this Agreement and
does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of
the State of South Carolina without giving effect to any principles of
conflicts of law. You agree to submit to the exclusive jurisdiction of the
courts of the State of South Carolina or, if appropriate, the United States
District Court for the District of South Carolina for resolution of any
dispute, action or proceeding arising in connection with this Agreement or your
use or non-use of the Site, and you further irrevocably waive any right you may
have to trial by jury in any such dispute, action or proceeding.
NOTICES
Except as explicitly stated otherwise, any notices shall be
given by postal mail to Back 40 Landscape Restoration and Maintenances, Attn:
Legal Affairs, 110 Renaissance Way, Columbia, SC 29204 (in the case of Shoots
and Matters) or to the e-mail address you provided to Shoots and Matters during
the registration process (in your case). Notice shall be deemed given 24 hours
after e-mail is sent, unless the sending party is notified that the e-mail
address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to Shoots
and Matters during the registration process. In such case, notice shall be
deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and Shoots and
Matters, our goal is to provide you with a neutral and cost effective means of
resolving the dispute quickly. Accordingly, you and Shoots and Matters agree
that any claim or controversy at law or equity that arises out of this
Agreement or our services ("Claims") shall be resolved in accordance
with one of the subsections below or as otherwise mutually agreed upon in
writing by the parties. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution and we will
consider reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation, as an alternative to litigation.
1 Binding Arbitration. For any Claim (excluding Claims for
injunctive or other equitable relief) where the total amount of the award
sought is less than $10,000, you or Back 40 Landscape Restoration and
Maintenances may elect to resolve the dispute through binding arbitration
conducted by telephone, on-line and/or based solely upon written submissions
where no in-person appearance is required. In such cases, the arbitration shall
be administered by the American Arbitration Association or JAMS in accordance
with their applicable rules, or any other established ADR provider mutually
agreed upon by the parties. Any judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
2 Court. Alternatively, any Claim may be adjudicated by a court
of competent jurisdiction located in Richland County, South Carolina. You and Back
40 Landscape Restoration and Maintenances agree to submit to the personal
jurisdiction of the courts located within the County of Richland, South
Carolina.
3 Alternative Dispute Resolution. Alternatively, Shoots and
Matters will consider use of other alternative forms of dispute resolution,
such as binding arbitration to be held in Richland County, South Carolina or
another location mutually agreed upon by the parties. All Claims (excluding
requests for injunctive or equitable relief) between the parties must be
resolved using the dispute resolution mechanism that is selected in accordance
with this Section by the first party to file a Claim. Should either party file
an action contrary to this Section, the other party may recover attorneys' fees
and costs up to $1000, provided that the party seeking the award has notified
the other party in writing of the improperly filed Claim, and the other party
has failed to withdraw the Claim. You agree that this Agreement and all
incorporated agreements may be automatically assigned by Shoots and Matters in
our sole discretion. Headings are for reference purposes only and in no way
define, limit, construe or describe the Scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between us with respect to
the subject matter hereof.
DISCLOSURES
The services hereunder are offered by Shoots and Matters,
located at 110 Renaissance Way, Columbia, SC. If you are a South Carolina
resident, you may have this same information e-mailed to you by sending a
letter to the foregoing address with your e-mail address and a request for this
information.
COPYRIGHTS (C) / TRADEMARKS (TM) / SERVICE MARKS (SM)
(C) 2017 Shoots and Matters. All trademarks are owned by Shoots
and Matters or are used under license. All rights reserved. All materials
contained in Shoots and Matters websites are protected by copyright and
trademark and shall not be used for any purpose whatsoever other than private,
non-commercial viewing purposes. Reproduction, duplication, distribution,
derivative works, and other unauthorized copying or use of stills, audio, video
footage, or any other materials contained herein are expressly prohibited.
(C) 2017 Shoots and Matters. All rights reserved
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