Bullmastiffs By Watchman
Terms Of Service
PLEASE READ THESE TERMS OF
USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, CONSUMER
OF USE, CONSUMER AGREES NOT USE THIS SITE.
General. This site
(the "Site") is operated by Bullmastiffs By Watchman. Bullmastiffs By Watchman has the right at any time to change or
discontinue any aspect or feature of the site, including, without
limitation, the content, hours of availability, and equipment needed
for access or use of the site.
shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use
of the Site and all charges related thereto.
Restrictions on Use.
Consumer shall use
the site for lawful purposes only. Consumer shall not post or
transmit through the Site any material which violates or
infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a
criminal offense, gives rise to civil liability or otherwise
violate any law. Without Bullmastiffs By Watchman
express prior approval, Consumer shall not post or transmit
through the Site any material which contains advertising or any
solicitation with respect to products or services. Consumer
shall not use the Site to advertise or perform any commercial
solicitation, including, without limitation, the solicitation of
users to become subscribers of other on-line information
services competitive with the Site. Any conduct by Consumer that
in Bullmastiffs By Watchman discretion
restricts or inhibits any other user from using or enjoying the
Site will not be permitted. Consumer presently, and at all times
in the future, maintain a bona fide interest in the purchase,
sale, or lease of real property of the type being offered
through this Site.
The Site contains
copyrighted material, trademarks and other proprietary
information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents of
the Site are copyrighted under the United States copyright laws.
Consumer may not modify, publish, transmit, display, participate
in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without
the express written permission of the Bullmastiffs By Watchman the copyright
owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice
shall be made and no ownership rights shall be transferred.
Consumer shall not
e-mail, upload, post, frame or otherwise make available on the
Site any material protected by the copyright, trademark, or
other proprietary right without the express permission of the
owner of the copyright, trademark, or other proprietary right
and the burden of determining that any material is not protected
by copyright rests with Consumer. Consumer shall be solely
liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm that may
provisions of Section 3 are for the benefit of the Bullmastiffs By Watchman, its
subsidiaries, affiliates and its third party content providers
and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
Warranty; Limitation of Liability.
CONSUMER EXPRESSLY AGREE THAT USE OF THE SITE
IS AT CONSUMER'S SOLE RISK. NEITHER Bullmastiffs By Watchman, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE
OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING
STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT
AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
CONSUMER SPECIFICALLY ACKNOWLEDGE THAT Bullmastiffs By Watchman IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE Bullmastiffs By Watchman 'S
TOTAL LIABILITY TO CONSUMER FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) EXCEED THE AMOUNT PAID BY CONSUMER , IF ANY, FOR
ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS
WHICH MAY NOT BE DISCLAIMED.
Consumer-Bullmastiffs By Watchman
Relationship. Consumer acknowledges that if Consumer chooses to
engage the Bullmastiffs By Watchman, also recognized as the owner of the site,
the Consumer shall be considered to be represented in a
non-exclusive agency relationship with the Bullmastiffs By Watchman, unless
otherwise determined between the Consumer and the Bullmastiffs By Watchman.
Monitoring. Bullmastiffs By Watchman
shall have the right in its sole discretion to refuse to post or
remove any material submitted to or posted on the Site. Without
limiting the foregoing, Bullmastiffs By Watchman shall have the right to remove any
material that Bullmastiffs By Watchman, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
Registration to Use
Site. Consumer acknowledges that if Consumer chooses to access the
Site, Consumer must complete Site registration form. Upon
registration, the Consumer shall receive a user password in the
valid email account elected by Consumer on the registration form.
Consumer agree to defend, indemnify and hold harmless the Bullmastiffs By Watchman
and its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions,
demands, damages, costs, liabilities, losses and expenses (including
reasonable attorneys' fees) arising out of Consumer's use of the
rights reserved. All other trademarks appearing on the Site are the
property of their respective owners.
Third Party Content.
Neither the Bullmastiffs By Watchman is a publisher of content supplied by third
parties and users of the Site. Accordingly, neither the Bullmastiffs By Watchman has
any more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers and
users, are those of the respective author(s) or distributor(s) and
not of the Bullmastiffs By Watchman. In many instances, the content available
through the Site represents the opinions and judgments of the
respective information provider or user. Neither the Bullmastiffs By Watchman
endorses, or is responsible for the accuracy or reliability of any
opinion, advice or statement made on the site by anyone other than
authorized Bullmastiffs By Watchman and/or employee spokespersons while acting in
their official capacities.
Viruses. Bullmastiffs By Watchman assumes responsibility, and shall not be liable for, any damages to,
or viruses that may infect, Consumer's computer equipment or other
property on account of Consumer's access to, use of, or browsing in
the Site or Consumer's downloading of any materials, data, text,
images, video, or audio from the Site.
Software and other materials from this Site may also be subject to
United States Export Control. The United States Export Control laws
prohibit the export of certain technical data and software to
certain territories. No software from this Site may be downloaded or
exported (1) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the
Unites States has embargoed goods; or (2) anyone on the Unites
States Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. Bullmastiffs By Watchman nor
authorizes the downloading or exportation of any software or
technical data from this Site to any jurisdiction prohibited by the
United States Export Laws.
The business associates of the Bullmastiffs By Watchman as identified on this Site,
are independent contractors of the Bullmastiffs By Watchman. The business associates
are not joint venturers or partners of the Bullmastiffs By Watchman. No
employee or representative of the business associates is under the
control of the Bullmastiffs By Watchman.
Changed Terms. The
Bullmastiffs By Watchman has the right at any time to change or modify the terms and
conditions applicable to use of the Site, or any part thereof, or to
impose new conditions, including, without limitation, adding fees
and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which
may be given by any means including, without limitation, posting on
the site, or by electronic or conventional mail, or by any other
means. Any use of the site by Consumer after such notice shall be
deemed to constitute acceptance of such changes, modifications,
additions or deletions.
respect to the subject matter hereof and supersede all previous
written or oral agreements between the parties with respect to such
with the laws of the State of Illinois, without regard to its
conflict of laws rules. Consumer hereby consents to the personal
jurisdiction of the State of Illinois, acknowledges that venue is
proper in any state or Federal court in the State of Illinois,
in a state or Federal court in the State of Illinois, and waives any
objection that may exist, now or in the future, with respect to any
of the foregoing. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are
for convenience only and shall not be given any legal import.
The site may incorporate
links to other Web Sites. However, Bullmastiffs By Watchman is responsible for the
content on those other sites.
What Information Do We
When Consumer visits our
Site, Consumer may provide us with two types of information: Personal
Information (Consumer knowingly chooses to disclose that is collected on
an individual basis) and Site use information collected on an aggregate
basis as Consumer and others browse our Site.
For example, Consumer may
need to provide the following information:
If Consumer chooses to
correspond with us through email, we may retain the content of
Consumer's email messages together with Consumer's email address and our
responses. We provide the same protections for these electronic
communications that we employ in the maintenance of information received
by mail and telephone.
Web Site Use Information
Similar to other
commercial Web sites, our Site utilizes a standard technology called
"cookies" (see explanation below, "What Are Cookies?") and Web server
logs to collect information about how our Site is used. Information
gathered through cookies and Web server logs may include the date and
time of visits, the pages viewed, time spent at our Web site, and the
Sites visited just before and just after our Site. This information is
collected on an aggregate basis. None of this information is associated
with Consumer as an individual.
How Do We Use the
Information That Consumer Provide to Us?
We use personal
information solely for the purpose of administering our business
activities, providing customer service and validating Consumer's
authorization to access our systems.
What Are Cookies?
Cookies are a feature of
Web browser software that allows Web servers to recognize a returning
computer used to access a Web site. Cookies are small pieces of data
that are stored by a userís Web browser on the userís hard drive.
Cookies can remember what information a user accesses on one Web page to
simplify subsequent interactions with that Web site by the same user or
to use the information to streamline the userís transactions on related
Web pages. This makes it easier for a user to move from Web page to Web
page and to complete commercial transactions over the Internet. Cookies
should make Consumer's online experience easier and more personalized.
How Do We Use Information
We Collect from Cookies?
We use Web site browser
software tools such as cookies and Web server logs to gather information
about our Web site usersí browsing activities, in order to constantly
improve our Web site and better serve our customers. This information
assists us to design and arrange our Web pages in the most user-friendly
manner and to continually improve our Web site to better meet the needs
of our customers and prospective customers. Cookies help us collect
important business and technical statistics. The information in the
cookies lets us trace the paths followed by users to our Web site as
they move from one page to another. Web server logs allow us to count
how many people visit our Web site and evaluate our Web siteís visitor
capacity. We do not use these technologies to capture Consumer's
individual email address or any personally identifying information about
What About Other Web
Sites Linked to Our Web Site?
We are not responsible for
the practices employed by Web sites linked to or from our Web site nor
the information or content contained therein. Often links to other Web
sites are provided solely as pointers to information on topics that may
be useful to the users of our Web site.