Badger Licensing LLC (hereinafter "Badger") provides this Internet site, certain services, interfaces, and functionality on or via this Internet site (hereinafter "Services") to you subject to your agreement to comply with the following terms (hereinafter "General Terms"). Your use of this site or the Services will constitute your acceptance of the General Terms. Once accepted, the General Terms will constitute a binding agreement between Badger and you governing your use of the site or Services. If you are not willing to abide by the General Terms, do not use this site or the Services.
1) Changes and Special Additional Terms and Conditions
Badger may revise the General Terms at any time without notice. You should revisit this site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the site or Services after such changes constitutes your agreement to such changes.
2) Use of the Site
A. Site Security. You are prohibited from violating, or attempting to violate, the security of the site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the site and Services include, without limitation, the following:
- Logging into or attempting to log into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting, or otherwise impairing a computer's functionality or the operation of the site or Services;
- Interfering with, intercepting, or expropriating any system, data or information; or
- Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.
B. "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
C. Infringement. You are prohibited from using the site or Services to infringe on any person's copyright, trademark, patent, or other Intellectual Property rights. We may terminate your right to access the site and Services if we believe you are using the site and Services in a manner that infringes the copyright, trademark, patent, or other Intellectual Property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any Intellectual Property rights you violate.
D. Other Prohibited Actions. In using the site or Services, you must not:
- Post, e-mail, or otherwise transmit or use the site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that Badger in its sole discretion does not wish posted or transmitted on the site and Services;
- Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
- Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
- Engage in conduct which could damage or impair the intended operability of the site or the Services.
- Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
- Engage in deceptive online marketing; or
- Assist or permit any persons in engaging in any of the activities described above.
E. Your Content. You must exercise caution, good sense and proper judgment in using the site and Services. You are responsible for any material you place on or transmit to or through the site or Services. You agree, represent and warrant that any information you post to or transmit through the site or Services is truthful, accurate, not misleading, and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
F. You agree that use of any information obtained via the site or Services is at your own risk.
G. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the site and Services upon a violation or attempted violation of the General Terms. Indirect or attempted violations of the General Terms, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of the General Terms. Furthermore, it is a violation of the General Terms to use the services of another company for the purpose of facilitating any of the activities which violate the General Terms if such use of another company's service could reasonably be expected to adversely affect the site and Services any manner.
H. No Licensing. By your use of the site or the Services you receive no immunity from suit or license, express or implied, under any patent rights, trade secret rights, or any other Intellectual Property right, now or hereafter, owned, controlled, or possessed by Badger.
I. Linking and Copyright. You may not link to this site without prior written permission from Badger. You may download and print one copy of content on this site for your personal non-commercial use, or in connection with your purchase of any Badger products, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this site.
BADGER, EBMax, BenzOUT™ Process and the stylized "wave," are trademarks or service marks of affiliates of Badger and used under license by Badger.
This site may reference or have links to sites that Badger does not own, control, or maintain. We cannot be responsible for their privacy policies and practices and we make no representations or warranties about the privacy practices of those sites. Similarly, we cannot be responsible for the policies and practices of any other site.
5) Conditions of Use, Notices, and Revisions
If you choose to visit our site, your visit and any dispute arising therefrom is subject to our General Terms and Conditions, including any limitations on damages, arbitration of disputes, and application of law provisions. We reserve the right to change this statement at any time without notice.
6) No Warranty
This site and Services are provided "As Is" and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, Badger disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Badger does not represent or warrant that the functions or Services contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Badger does not make any warranties or representations regarding the use of contents of this site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
7) Limitation of Liability
Badger shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the site, the Services, or the contents on this site or the performance of the site, Services or products described on this site, even if Badger has been advised of the possibility of such damages, where applicable.
If you are dissatisfied with any portion of the site or the Services or with any of the General Terms, your sole and exclusive remedy is to discontinue using the site and the Services.
8) Non-Confidentiality of User Materials
You are not to transmit any material to or through this site that you consider to be confidential or proprietary. Any material which you transmit to or through this site will be considered non-confidential and non-proprietary. Except as expressly provided in a separate written agreement between you and Badger, you give Badger an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Badger has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the site.
9) Use of Third Party Web sites
As a convenience, Badger may provide links or refer to Web sites operated by third parties. If you decide to access a third party's Web site through a link provided by this site, you do this at your sole risk. Badger is not responsible for any viruses or other damaging elements encountered by a third party Web site. Badger makes no warranty or representation and is not responsible for such Web sites or their content.
10) User Communications Areas
The site may contain areas where users communicate with each other, including but not limited to bulletin boards, calendars, chat areas, or personal web pages.
Badger has the right but not the obligation to monitor or review any part of the site or the Services including the user communication areas. However, Badger shall have no liability related to the content of any communications made in these areas.
11) Global Availability/Export Controls
Badger makes no representation that the site, Services, or materials accessed or described on the site are appropriate or available for use in all locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the site, Services, or materials accessed on or described on the site by persons who or from countries which are sanctioned by the United States is specifically prohibited.
Those who access the sites or Services do so on their own and are responsible for compliance with all applicable US and local laws. You may not export or re-export any Services, information, or materials accessed on or described on this site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List, or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export, or use the site, Services, information, or materials accessed or described on the site.
12) Indemnity of Company
You agree to indemnify, hold harmless, and defend Badger as well as Badger's officers, directors, and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account of the General Terms.
13) Applicable Law and Severability
This Agreement shall be governed by the laws of the State of Texas or the State of New York, USA, as decided at the sole discretion of Badger (without giving effect to their principles of conflict of laws or your actual state or country of residence). If for any reason a court of competent jurisdiction finds any provision or portion of the General Terms to be unenforceable, the remainder of the General Terms will continue in full force and effect.