Terms of Use
This Terms of Use agreement is made by and between In the Bull Defense LLC, a North Carolina limited liability company (“Company,” “us” or “we”), and you, the user (“you”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR ANY SERVICES OR CONTENT AT WWW.INTHEBULLDEFENSE.COM (“SITE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE.
1. Agreement.
This Terms of Use agreement (the “Agreement”) governs your access to and use of the Site. This Agreement may be modified at any time by Company by posting the modified Agreement to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated and shall supersede all previous versions. You can view the most recent version of this Agreement at any time at inthebulldefense.com/terms. Your use of this Site shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy.
Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into this Agreement. Please review our Privacy Policy at inthebulldefense.com/privacy. Company reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.
3. Site Content.
The Site is provided on an “as is” basis and may use internet services that are not under our direct control. While we strive to provide accurate descriptions of our services, we do not warrant that the descriptions, pricing, or other content on the Site are accurate, complete, or current. We reserve the right to correct errors. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error free manner. We reserve the right to cease operating the Site or any of its features at any time.
4. Intellectual Property.
All content on this Site including without limitation graphics, logos, trademarks, images, and software is, and shall continue to be, the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
5. Site Use.
Company grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the Site, reverse engineer or hack into the Site, or use materials, products or services in violation of any law. Your use of this Site is at the discretion of Company, who may terminate your access and use at any time.
6. Links to Other Sites.
The Site may provide links to external websites and information controlled or offered by third parties (nonaffiliates of Company). This Site's Terms of Use or Privacy Policy may not apply to those other websites, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites that you visit. We are not responsible for examining or evaluating, and make no warranties about, the material or related products and services available through these links. We provide these links “as is,” and your use of them is at your own risk.
7. Compliance with Laws.
You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
8. Indemnification.
You agree to indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
9. Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPSNY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR ANY SERVICE IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. Applicable Law.
You agree that the laws of the state of North Carolina without regard to conflicts of laws provisions will govern this Agreement and the interpretation thereof.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
12. Arbitration.
Any controversy or claim arising out of or relating to this Agreement or the Company’s Privacy Policy, or the breach thereof, which cannot be amicably settled by you and the Company shall be determined by arbitration. The parties to said dispute shall agree upon and appoint an arbitrator. Such parties shall have thirty (30) days from the date that written notice of demand to arbitrate is given according to the notice provisions hereof to the other such party or parties, within which to appoint and agree upon the arbitrator. In the event that the parties are unable to so agree upon and appoint the arbitrator, any said party may then apply to the appropriate court pursuant to North Carolina General Statutes, Section 1-569.11 for the appointment by the court of one, neutral, qualified and disinterested arbitrator to arbitrate the dispute. The provisions of Article 45C of Chapter 1 of the North Carolina General Statutes (the “Uniform Arbitration Act”) shall govern all arbitrations provided for herein. The arbitration decision shall be final and binding on all parties, and the parties shall be deemed to have waived any right to appeal the final judgment which right may otherwise be provided under the Uniform Arbitration Act.
13. Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
If you have any questions regarding this Agreement, please contact us at inthebulldefense@gmail.com.