The Rt. Rev. Dr. Bill Atwood
Mike Jorgensen
Hala Saad
Last Updated: January 1, 2011
The following agreement describes the terms under which Ron Brackin offers you access to his website and related services
GENERAL
These Terms of Use (“TOU”) constitute a legal agreement between you and Ron Brackin (“Brackin”), the provider of this website and related services (the “Brackin Site”). Your use of the Brackin Site is subject to the terms laid out in this document, so you should take the time to fully understand how it governs your relationship with Ron Brackin and how it affects the way you use the Brackin Site. By your continued use of the Brackin Site, you expressly agree to the terms found in this TOU.
This TOU constitutes your entire agreement with Ron Brackin regarding the Brackin Site and governs any and all of your use of the Brackin Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ron Brackin with respect to the Brackin Site. You agree that the TOU is not intended to confer and does not confer any rights or remedies upon any person other than you and Ron Brackin. We may amend the TOU at any time, from time to time, by posting an amended TOU on the Brackin Site. Any changes to the TOU will become effective immediately upon posting and may be changed without notice to you. This TOU may not be otherwise amended except in a writing signed by you and Ron Brackin. If you have questions regarding this agreement please contact Ron Brackin through the contact form on the Brackin Site.
Modifications. From time to time it may be necessary for Ron Brackin to update or revise certain provisions of the TOU. By using the Brackin Site and accepting the TOU, you agree that Ron Brackin may modify the terms of the TOU, including, but not limited to, those terms related to the charges (if any) associated with your use of the Brackin Site. You are responsible for regularly reviewing the latest version of the TOU, and any additional terms and conditions that may be posted. Your continued use of the Brackin Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to the changes proposed by Ron Brackin, or to any of the terms in the TOU, your only remedy is to stop using the Brackin Site.
Privacy. Certain information about you is subject to our Privacy Policy. Notwithstanding the foregoing, Ron Brackin reserves the right at all times to disclose any information as Ron Brackin deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ron Brackin’s sole discretion. You understand and agree that the Brackin Site Privacy Policy, including Ron Brackin’s enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon any person. We may change our Privacy Policy from time to time, and our changes are effective upon the posting of those changes on the Brackin Site. This posting may be done without notice to you, as provided in the Privacy Policy.
USING THE RON BRACKIN WEBSITE
Inappropriate Uses. The Brackin Site must not be used:
• to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, _ tortious, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another person’s privacy; » to conduct any activity that is a violation of any State or Federal law or to request unlawful services or materials;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, Ron Brackin, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
• to store, publish, distribute, or otherwise disseminate child pornography or similar material;
• in the furtherance of any activity that infringes (directly or indirectly) upon the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;
• to interfere with any other party’s use and enjoyment of the Brackin Site;
• in any way that deliberately degrades or disables the Brackin Site or any other computer system or to prevent or impede the delivery of any legitimate data;
• to make inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other forum on the Brackin Site or elsewhere; or by persons under the age of 18 to purchase products without the involvement of a parent or guardian.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Many of the features and information on the Brackin Site are updated on a real time basis and are proprietary to us or are licensed to Ron Brackin by third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from the Brackin Site without the prior expressed written permission of Ron Brackin or the appropriate third party.
CONTENT
License. Ron Brackin grants you a limited license to access and make use of the Brackin Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Ron Brackin. This license does not include any resale or commercial use of the Brackin Site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by Ron Brackin. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Ron Brackin www.RonBrackin.com so long as the link does not portray Ron Brackin, or his products or services, in a false, misleading, derogatory, or otherwise offensive manner.
Ron Brackin does not claim ownership of any information, data, text, communications, software graphics, music, sound, photographs, video, messages or other materials (each, “Content”) you submit or make available for inclusion on the Brackin Site. However, with respect to submitted Content you may post on the Brackin Site, you grant Ron Brackin a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Brackin Site solely for the purposes of providing the Brackin Site services. This license exists only for as long as you elect to continue to include, transmit or store such Content on the Brackin Site and will terminate at the time you remove or Ron Brackin removes such submitted Content from the Brackin Site. You expressly warrant you have the right to grant this license in any Content you upload, store or transmit to or through the Brackin Site. If you do not have the right to grant such license, you should not be uploading, storing or transmitting such material, and doing so will be a breach of the TOU. You acknowledge that Ron Brackin may or may not pre-screen Content, but that Ron Brackin and his designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Brackin Site. Without limiting the foregoing, Ron Brackin and his designees shall have the right to remove any submitted Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, or submitted to Ron Brackin.
Links. Ron Brackin may provide, or third parties may provide, links to other World Wide Websites or resources. Because Ron Brackin has no control over such sites and resources, you acknowledge and agree that Ron Brackin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ron Brackin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Ron Brackin’s Intellectual Property Rights. The Content provided by Ron Brackin (that is, Content other than as submitted by site users) on the Brackin Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ron Brackin or his content suppliers, partners, or affiliates, and is protected by U.S. and international copyright laws. The compilation of all Content on the Brackin Site is the exclusive property of Ron Brackin and is protected by U.S. and international copyright laws. All software used on this site is the property of Ron Brackin or his software suppliers and is protected by U.S. and international copyright laws. You acknowledge and agree that the Brackin Site contains proprietary and confidential information that is protected by applicable U.S. and international intellectual property and other laws. Except as expressly authorized by Ron Brackin, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Brackin Site, including its interface, in whole or in part, and other logos and product and service names that are trademarks of Ron Brackin (the “Ron Brackin Marks”). Unless you have written permission, you agree not to display or use in any manner, Ron Brackin Marks.
Any trademarks, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the Brackin Site are property of Ron Brackin and are protected as registered and unregistered trademarks and copyrights. To protect his brand names and Ron Brackin marks, Ron Brackin requires a license agreement or written permission from an authorized agent at Ron Brackin, prior to any use of trademarks or copyrights belonging to Ron Brackin. Any misuse of trademarks belonging to Ron Brackin is strictly prohibited.
WARRANTY AND LIMITATION OF LIABILITY
The Brackin Site is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You expressly understand and agree that:
• Your use of the Brackin Site is at your sole risk. Our services are provided on an “as is” basis and “as available” basis. we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• Ron Brackin makes no warranty that (a) using the Brackin Site will meet your requirements, (b) service will be uninterrupted, secure, timely, or error-free, (c) the results that may be obtained from the use of our services will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Brackin Site will meet your expectations, and (e) any errors in the Brackin Site will be corrected.
• Any material downloaded or otherwise obtained through the use of the Brackin Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system_ or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by you from Ron Brackin or through or from the Brackin Site shall create any warranty not expressly stated in these terms of use. Ron Brackin shall not be liable for any failure to perform his obligations hereunder where such failure results from any cause beyond Ron Brackin’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Brackin Site, his services, or this agreement however arising, including negligence. Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the amount of fees you paid to us in the 12 months prior to the action giving rise to any purported liability.
INDEMNIFICATION
You agree, at your own expense, to indemnify, defend and hold harmless Ron Brackin and his employees, representatives, subsidiaries, affiliates, officers, directors, suppliers and agents (collectively, the “Ron Brackin Indemnified Parties”), against any claim, suit, action or other proceeding against Ron Brackin Indemnified Parties, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Brackin Site (or the use of any of your sub-accounts) specifically including (i) a violation of the terms set forth in the TOU (ii) a claim that any use of the Brackin Site by you infringes any third party intellectual property right, is libelous or defamatory, or otherwise results in injury or damage to anyone. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this TOU or the Brackin Site, excluding legal action taken by Ron Brackin to collect his fees and/or recover damages for, or obtain an injunction relating to, Ron Brackin or the Brackin Site operations, intellectual property, and his services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in his sole judgment, Ron Brackin wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in Denton County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Ron Brackin may seek any interim or preliminary relief from a court of competent jurisdiction in Denton County, Texas necessary to protect his rights pending the completion of arbitration.
Should you file an action contrary to this provision, Ron Brackin may recover from you his reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOU must be filed within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in this TOU, Ron Brackin shall always have and retains the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect his interests.
TERMINATION
You agree that Ron Brackin may, without prior notice, immediately terminate your access to the Brackin Site and Ron Brackin services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to Ron Brackin service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Ron Brackin services includes (i) removal of access to all Ron Brackin services and the Brackin Site, (ii) removal of access and deletion of all related information, files and content associated with or inside services provided to you by Ron Brackin (or any part thereof), and (iii) barring further use of the Brackin Site and Ron Brackin services. Further, you agree that all terminations for cause shall be made in Ron Brackin’ sole discretion and that Ron Brackin shall not be liable to you or any third party for any termination of the Brackin Site or Ron Brackin services.
MISCELLANEOUS
No Agency. You and Ron Brackin are independent contractors. No agency, partnership, joint venture, or employment is created as a result of this TOU and you do not have any authority of any kind to bind Ron Brackin in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Savings. If any provision of this TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect and enforceable.
Notice. Any notice by us to you may be made at our option via a posting on the Brackin Site or via email or first class mail. It is your responsibility to check the Brackin Site from time to time for updates. Your continued use of the Brackin Site constitutes your agreement to and acceptance of this TOU and any changes to it.
Choice of Law, Compliance with Applicable Laws. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Texas, excluding its conflicts-of-law rules, govern the TOU and your account. User conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with Ron Brackin Site or relating in any way to your account or your use of Ron Brackin resides in the courts of Denton County, TX and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Texas in connection with any such dispute including any claim involving Ron Brackin or his affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Brackin Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this TOU.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of this site or access to the Brackin Site or his services.