Welcome To The BRIAN-WILLIAMS.COM Website
Welcome to the BRIAN-WILLIAMS.COM Inc. (“BRIAN-WILLIAMS.COM” or “Our” or “I” or “Us”) Website – and thank You for visiting, I hope you enjoy the experience!
These Terms of Use (“These Terms”) are a legal contract between You and BRIAN-WILLIAMS.COM (collectively, “Everyone”) and govern Your use of this Website, as Ill as other Websites that BRIAN-WILLIAMS.COM may control, and all the text, data, information, software, graphics, photographs, and more (all of which I refer to as “Materials”) that BRIAN-WILLIAMS.COM and its Subsidiaries may make available to You, as Ill as any services I may provide through any of Our Websites (all of which are referred to in These Terms as “This Website”).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
Accessing This Website
When You access This Website, You are responsible for complying with These Terms as Ill as any and all use of This Website through any account that You may setup through or on This Website; some Materials will only be available to You if You have an account. You agree to provide true, accurate, current, and complete information for so long as You use This Website. Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of This Website as Ill as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for This Website has been breached in any way, You must immediately notify Us.
Sometimes, I collect certain personal information about You solely in connection with Your access and use of This Website. BRIAN-WILLIAMS.COM’s use of that information is governed by the provisions of the BRIAN-WILLIAMS.COM Online Privacy Statement.
Your Permitted Use of This Website
You are invited to use This Website for Your personal and business purposes where you are purchasing BRIAN-WILLIAMS.COM’s products and services (“Permitted Uses”).
You have no rights in This Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of This Website or Materials in any manner.
Unauthorized Use of This Website, Acceptable Use Policy
I authorize Your limited use of This Website. Any other use of This Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of This Website. This is because all rights in This Website remain the property of BRIAN-WILLIAMS.COM.
Unauthorized use of This Website may result in violation of various United States and international copyright laws. I do not want that to happen and, therefore, I have given You examples of things to avoid in Our Acceptable Use Policy found here BRIAN-WILLIAMS.COM Acceptable Use Policy. You must follow BRIAN-WILLIAMS.COM’s Acceptable Use Policy whenever you use This Website or any services offered from This Website.
Terminating Your Use of This Website
I or You may terminate Your use of This Website at any time. Your use of This Website will automatically terminate in the event You breach any of These Terms. To clarify:
• Unless I otherwise agree with You in writing, I may terminate, suspend, or modify Your registration with, or access to, all or part of This Website, without notice, at any time and for any reason.
• You may discontinue Your access to and use of This Website at any time. In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed materials (and any copies thereof).
Disclaimers
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
BRIAN-WILLIAMS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT BRIAN-WILLIAMS.COM DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, BRIAN-WILLIAMS.COM makes no warranty that This Website will meet your requirements or that This Website will be uninterrupted, timely, secure, or error free or that defects in This Website will be corrected. BRIAN-WILLIAMS.COM makes no warranty as to the results that may be obtained from the use of This Website or as to the accuracy or reliability of any information obtained through This Website. No advice or information, whether oral or written, obtained by you through This Website or from BRIAN-WILLIAMS.COM, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “The BRIAN-WILLIAMS.COM Parties”) shall create any warranty. BRIAN-WILLIAMS.COM disclaims all equitable indemnities.
Limitation of Liability
IN NO EVENT WILL ANY OF THE BRIAN-WILLIAMS.COM PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY BRIAN-WILLIAMS.COM PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent The BRIAN-WILLIAMS.COM Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of The BRIAN-WILLIAMS.COM Party’s liability shall be limited to the minimum amount permitted under such applicable law.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any BRIAN-WILLIAMS.COM Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the BRIAN-WILLIAMS.COM Party’s liability shall be the minimum permitted under such applicable law.
Other Agreements; Software, Services or Access
BRIAN-WILLIAMS.COM may provide products (such as software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via This Website under the terms of a separate agreement between You and BRIAN-WILLIAMS.COM, such as a license agreement or separate terms of sale and warranty terms (each, an “Other Agreement”). BRIAN-WILLIAMS.COM’s obligations regarding any product, service, or access that it makes available to You under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and These Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between These Terms and any Other Agreement, the Other Agreement will control.
For example, the use of any software that is made available to download from the BRIAN-WILLIAMS.COM Websites (“Software”) is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless You first have agreed to the License Agreement. If there is no License Agreement, then These Terms will govern Your use of that Software.
BRIAN-WILLIAMS.COM May Modify This Website
BRIAN-WILLIAMS.COM reserves the right to modify, suspend, or discontinue This Website at any time without notice to You. I would, hoIver, like You to be aware of the following:
• BRIAN-WILLIAMS.COM may make changes to the This Website, or to the products, services and prices described in This Website, at any time without notice.
• This Website may be out of date and BRIAN-WILLIAMS.COM makes no commitment whatsoever to update This Website.
• Information published on This Website may refer to products, programs, or services that are not available in your country.
Intellectual Property Rights
BRIAN-WILLIAMS.COM respects the intellectual property rights of others, and I ask You to do the same. BRIAN-WILLIAMS.COM may, in appropriate circumstances and at our discretion, terminate service and/or access to This Website for users who infringe the intellectual property rights of others. If You believe that your work is the subject of copyright infringement and/or trademark infringement and appears on this Website, please let Us know by following the procedures found here Claims of Infringement on BRIAN-WILLIAMS.COM Websites.
Links To Third-Party Websites
I think links are convenient, and so I have provided links on This Website to third-party Websites. If You use these links, You will leave This Website. BRIAN-WILLIAMS.COM is not obligated to review any third-party Websites that You link to from This Website, does not control any of the third-party Websites, and is not responsible for any of the third-party Websites (or the products, services, or content available through any of them). Thus, BRIAN-WILLIAMS.COM does not endorse or make any representations about such third-party Websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party Websites linked to from This Website, You do so entirely at Your own risk and You shall be deemed subject to the privacy policies and terms and conditions for those third-party Websites; These Terms are not applicable to Your use of any such third-party Websites.
Linking To This Website
Again, because I think links are convenient, I allow You to create links to This Website from other Websites. Unless an express agreement states otherwise, You must comply with the following terms and all applicable laws if You provide anyone with a link to This Website:
• You may link to, but may not copy, any Materials;
• You may only use and reproduce an BRIAN-WILLIAMS.COM logo or trademark if You follow our trademark and logo usage policy found here.
• You shall not create a browser or border environment around any Materials;
• You shall not imply that BRIAN-WILLIAMS.COM endorses or is affiliated with any such Website that links to This Website or any products, services, or content available through that Website;
• You shall not misrepresent Your relationship with BRIAN-WILLIAMS.COM;
• You shall not present false or misleading information about BRIAN-WILLIAMS.COM, its products, or its services;
• The Website that links to This Website shall not contain content that could be construed as distasteful, offensive, or controversial; and
• The Website that links to This Website shall contain only content that is appropriate for all age groups.
By using any Materials subject to any such restrictions and regulations, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnification
You agree to indemnify, defend, and hold harmless The BRIAN-WILLIAMS.COM Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from Your (or anyone using your account’s) violation of These Terms. BRIAN-WILLIAMS.COM reserves the right 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 BRIAN-WILLIAMS.COM’s defense of such claim.
Electronic Communications
When you visit This Website or send e-mails to BRIAN-WILLIAMS.COM, You are communicating with BRIAN-WILLIAMS.COM electronically. I may respond to You by e-mail or by posting notices on This Website. You agree that all such notices, disclosures, and other communications that BRIAN-WILLIAMS.COM provides to You electronically satisfy any legal requirement that such communications be in writing.
Ownership
Unless otherwise specified in These Terms, all Materials, as Ill as the arrangement of them on This Website are Our sole property, Copyright © [dates of creation] BRIAN-WILLIAMS.COM. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Entire Agreement for Everyone
These Terms, together with any additional terms to which You agree when using particular elements of This Website, constitute the entire and exclusive and final statement of the agreement as betIen Everyone with respect to the subject matter hereof, superseding any prior agreements or negotiations betIen You and BRIAN-WILLIAMS.COM with respect to the same. The BRIAN-WILLIAMS.COM Parties are third party beneficiaries with respect to the provisions in these Terms that reference them.
Governing Law
These Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding Your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. All lawsuits arising from or relating to These Terms or Your use of This Website shall be brought in the Federal or State courts located in Santa Clara County, California, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Miscellaneous
The failure of BRIAN-WILLIAMS.COM to exercise or enforce any right or provision of These Terms shall not constitute a waiver of such right or provision. If any provision of These Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions of BRIAN-WILLIAMS.COM and You as reflected in the provision, and that the other provisions of These Terms remain in full force and effect. The section titles in These Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Your use of This Website. These Terms will be interpreted without application of any strict construction in favor of or against You or BRIAN-WILLIAMS.COM. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by BRIAN-WILLIAMS.COM without restriction.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website is provided by BRIAN-WILLIAMS.COM. If you have a question or complaint regarding This Website, please contact Customer Service at [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
BRIAN-WILLIAMS.COM May Modify These Terms of Use
BRIAN-WILLIAMS.COM may, in its sole and absolute discretion, change These Terms (including any other documents that are referenced in or linked to from These Terms) from time to time. BRIAN-WILLIAMS.COM will post notice of such changes on This Website as applicable. If You object to any such changes, Your sole recourse shall be to cease using This Website. Continued use of This Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of These Terms may be superseded by expressly-designated legal notices or terms located on particular pages of This Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of These Terms that are designated as being superseded.