PLEASE READ THIS ENTIRE WEBPAGE
THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND US
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT VIEW THIS SITE
YOUR VIEWING OF THIS SITE IS YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS HEREIN
BARNACLE BILL’S RESTAURANTS (and all other persons or entities associated with us) maintains this site for your personal information. You may not distribute, modify, transmit, reuse, repost, or use the content of this site for public or commercial purposes, including any text, images, audio, and video without our written permission.
1. Everything you see or read on this site is copyrighted and may not be used without the written permission of BARNACLE BILL’S RESTAURANTS. We will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. BARNACLE BILL’S RESTAURANTS neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with BARNACLE BILL’S RESTAURANTS.
2. Your use of and browsing this site are at your risk. Neither NetGain Promotions (webmaster) nor BARNACLE BILL’S RESTAURANTS or any other party involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this site. Without limiting the foregoing, everything on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BARNACLE BILL’S RESTAURANTS also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing this site or your downloading of any materials, data, text, images, video, or audio from this site.
3. Any communication or material you transmit to BARNACLE BILL’S RESTAURANTS by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by BARNACLE BILL’S RESTAURANTS or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
4. Images of people or places displayed on this Site are either the property of, or used with permission by, BARNACLE BILL’S RESTAURANTS. The use of these images by you, or anyone else authorized by you, is strictly prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and subject you to civil or criminal penalties.
5. The trademarks, logos, and service marks displayed on this site, are registered and unregistered marks of BARNACLE BILL’S RESTAURANTS and others. Nothing contained on this site should be construed as granting any license or right to use any such marks displayed on this site without the written permission of BARNACLE BILL’S RESTAURANTS or such third party that may own such marks displayed on this site. Your misuse of the marks displayed on this site, or any other content on this site is strictly prohibited.
6. BARNACLE BILL’S RESTAURANTS has not reviewed all of the content of all of the Sites linked to or from this site and is not responsible for the content of any off-site pages linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
7. You agree that any action or proceeding between you and BARNACLE BILL’S RESTAURANTS (and all other persons or entities associated with us) arising out of, or related to, your viewing or use of this website must be brought in state or federal court in Sarasota County, Florida.
11. If any dispute arises under or related to your viewing or use of this website, you agree to submit the dispute to binding Arbitration before a mutually agreed‐upon single neutral arbitrator in Sarasota County, Florida. The arbitration process shall begin by written notice by one party to the other. If the parties cannot agree upon an arbitrator within 30 days of receipt of written notice, either party may apply to the court in Sarasota County, Florida to appoint an arbitrator. The Arbitration will be decided according to the substantive law of Florida and the parties and arbitrator agree to follow the procedural rules for arbitration under Florida law, except that all formal discovery must be reasonable in view of the amount in controversy and must be approved in advance by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction to do so. All reasonable costs of arbitration, including attorney fees and the fees of the arbitrator, shall be awarded the prevailing party by the arbitrator.
12. BARNACLE BILL’S RESTAURANTS may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Copyright © 2010 Champion Law. All rights reserved. Licensed to NetGain Promotions
Effective: December 2, 2010