Website Terms and Conditions of Use
These Terms and Conditions of Use (“Agreement”) are a legal agreement between you and The Bard Room, LLC (hereinafter referred to as “Website Owner”), the owner and developer of thebardroom.com (hereinafter referred to as website). By registering for any service provided on website you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY website SERVICE. The Terms are subject to change at any time, effective upon notice to you.
1. Limitations of Liability and Indemnification. By using any services provided by website, you agree that in no event will website, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole potential remedy for any breach or default of this Agreement by website or Website Owner shall be a return of any fees paid to website or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless website, Website Owner, its and their officers, employees, agents, affiliates, licensees, web hosting services, and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of website, including any breach by you of the Terms contained in this Agreement.
2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on website. You understand that website and Website Owner do not perform psychological testing or background checks on the individuals who may use the website services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by website, which includes, but is not limited to: exchanging email first before giving out any personal information and meeting in a public place.
3. Do Not Rely on website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from website or Website Owner. Website and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
4. Client Security. Any passwords used for this website are for the Client’s individual use only. You will be responsible for the security of your password(s). From time to time, website may require that you change your password. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its systems, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the website reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Website reserves the right to investigate suspected violations of this Agreement. Website and Website Owner reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing website to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
5. Right to Monitor. Website and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
6. Confidentiality. It is agreed that all personal information given to website or Website Owner, will be kept confidential by website and Website Owner, with the following exceptions: basic biographical information (i.e. name, age, sex, race) may be posted for others to view.
7. Ownership, Copyrights, Trademarks, Licenses. Website and Website Owner own and retain all proprietary rights to the website service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of website and Website Owner. By posting information to website and Website Owner you represent that you have the right to grant permission for use by website and Website Owner.
8. No Warranties. Website and Website Owner provide the website services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, website and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
9. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Tennessee, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the Court of Davidson County, and you hereby consent to the jurisdiction of any such court.
10. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
11. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on website will be truthful. In accessing and using website, you understand and agree that basic information concerning you, given to website, may be published on the web-site for others to view. Your name, address and email address are kept confidential, except where provided above.
12. Entire Agreement. This Agreement constitutes your entire Agreement with website and Website Owner with respect to any services.
13. Waiver. The failure of website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.