Website Terms and Conditions of Use
The following terms and conditions (the “Terms and Conditions”) govern your use of this Website including any subdomains thereof and any content made available from or through this Website (the “Website”). The Website is made available by Oldawan LLC (“Oldawan LLC” (“Oldawan” “our” “we” or “us”). We may change the Terms and Conditions from time to time, without notice to you, by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to the Terms and Conditions, you may not access or otherwise use the Website.
You may access and view content on the Website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make single copies or prints of the content on the Website only for your personal, internal use. You warrant and agree that use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use or your use as an employee of your employer.
You warrant and agree that any commercial or promotional distribution, publishing or exploitation of the Website, or any content or code on the Website, is strictly prohibited unless you have received express prior written permission from Oldawan LLC or the otherwise applicable rights holder. Other than as expressly allowed herein, you agree that you will not download, post, display, publish, create derivative works from, sell or otherwise exploit any content or code on or available through the Website. You further warrant and agree that that you will not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content or code on or available through the Website, including, without limitation, the alteration or removal of any trademarks, service marks, trade names, logos, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content or code thereon or available through the Website, except as otherwise provided above, you understand that may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Prohibited User Conduct
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. Further, you warrant and agree that you will not: (i) engage in “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or use any other means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services; (iv) use the Website or the Website's services or features in violation of Oldawan LLC's or any third party's intellectual property or other proprietary or legal rights; or (v) use the Website or the Website's services in violation of any applicable law.
Additionally, you warrant and agree that you will not attempt, or encourage or support anyone else's attempt, to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website's services, or any content thereof, or make any unauthorized use thereof.
You warrant and agree that you will not knowingly use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or any of its services. You warrant and agree that you will not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
During your use of the Website or the services made available on or through the Website, you may be asked to provide certain personalized information to us (“User Information”). Oldawan LLC's information collection and use policies with respect to the privacy of such User Information are set forth in the Website's Privacy Notice which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential or proprietary information or other material from you through the Website by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us—including, for example and without limitation, that which you submit or post to our message boards, or our blogs, or send to us via e-mail (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Website's Privacy Notice. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we cannot be responsible for maintaining any Submitted Material that you provide to us; and we may delete or destroy any such Submitted Material at any time. Any rights for Submitted Materials granted by Oldawan LLC to you will be made at our sole discretion.
As between you and Oldawan LLC, Oldawan LLC owns, solely and exclusively, all rights, title and interest in and to the Website, all the content and code thereon, the look and feel, design and organization of the Website, and the compilation of the content and code on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Oldawan LLC and others. You warrant and agree that you will not use the Trademarks in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, wherein such use is likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Oldawan LLC that appear on the Website or on or through the Website's services are the property of their respective owners. You agree that you will not construe anything on the Website as granting, by implication, estoppel, or otherwise, any license or right to use of any the Trademarks displayed on the Website without the written permission of Oldawan LLC or the third party that may own the applicable Trademark. You agree that your misuse of the Trademarks displayed on the Website or on or through any of the Website's services is strictly prohibited.
Copyright 2013 Oldawan LLC. All Rights Reserved. All literary works and photographs appearing on this site are the property of Oldawan LLC or are properly licensed to Oldawan LLC. The literary works, graphics, and photographs are protected by U.S. Copyright Laws. You warrant and agree that you will not download or reproduce, distribute, or transmit the literary works, graphics, or photographs in any form or by any means without the written permission of Oldawan LLC except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.
Oldawan LLC may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you warrant and agree that you will not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further warrant and agree that you will not impersonate any other person or entity, whether actual or fictitious, including anyone from Oldawan LLC. You also agree that you will not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Right to Monitor and Editorial Control
Private or Sensitive Information on Public Forums
You agree that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. Therefore, you agree that it is important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your comments to our public forums.
You agree to defend, indemnify and hold Oldawan LLC and Oldawan LLC's and its affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any content, software or other materials through the Website, or your breach or violation of law or of the Terms and Conditions. Oldawan LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Oldawan LLC's defense of such claim.
Orders for Products and Services
We may make certain products available to visitors and registrants of the Website. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Oldawan LLC. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that certain products that you purchase or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Linking to the Website
You agree that if you include a link from any other Website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. You agree that you are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Website. You agree not to download or use images hosted on this Website on another Website, for any purpose. You agree not to link from any other Website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other Website at any time upon written notice to you.
Third Party Websites
You may be able to link from the Website to third party Websites and third party Websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. You agree that links to Linked Sites do not constitute an endorsement or sponsorship by us of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. The inclusion of any link to such sites on our Site does not imply Oldawan LLC's endorsement, sponsorship, or recommendation of that site. Oldawan LLC disclaims any liability for links (1) from another website to this Website and (2) to another website from this Website. Oldawan LLC cannot guarantee the standards of any website to which links are provided on this Website nor shall Oldawan LLC be held responsible for the contents of such sites, or any subsequent links. Oldawan LLC does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. You warrant and agree that Oldawan LLC is not responsible for any form of transmission received from any linked website. You warrant and agree that any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. OLDAWAN LLC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. OLDAWAN LLC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED OLDAWAN LLC EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, OLDAWAN LLC AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE EXCEPT AS STATED, AND INCORPORATED HERE BY REFERENCE, ON THE WEBSITE’S RETURNS PAGE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH OLDAWAN LLC OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY OLDAWAN LLC “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND OLDAWAN LLC OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OLDAWAN LLC, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO OLDAWAN LLC FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.
Oldawan LLC reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. You agree that changes in the Terms and Conditions will be effective when posted. You agree that your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
Oldawan LLC may terminate, change, suspend or discontinue any aspect of the Website or the Website's services at any time. You agree that Oldawan LLC may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Oldawan LLC maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
Applicable Laws, Venue and Jury Trial
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of New Mexico, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the Santa Fe County, New Mexico. You agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Fe County, New Mexico. All parties to these terms and conditions waive their respective rights to a trial by jury.
We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
These Terms and Conditions were revised 8/12/2013.