Terms and Conditions
TERMS AND CONDITIONS OF USE
Read These Terms and Conditions Carefully Before Using This Web Site.
1. Agreement to Abide by Terms and Conditions. This web site is provided by CAGAL, Tabletop Billboards.biz, TabletopBillboard.com and TTBad.com (collectively the “Company”). These terms and conditions of use govern your use of this web site and are a legally binding contract between the Company and you. By using, viewing, displaying, downloading, copying, printing, and/or distributing the contents of this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not use this web site.
2. Personal and Noncommercial Use. Subject to these terms and conditions, the Company grants you a license to use, view, display, download, copy, print, and/or distribute the contents of this web site for your personal and noncommercial purposes. No part of the content of this web site may be used in any other manner or for any other purpose without the prior written consent of the Company. This license is limited, non-exclusive, and revocable by the Company at any time for any or no reason. This license does not transfer to you any title or other legal rights in or to any of the contents of this web site. You must retain all copyright and other proprietary notices on any web site content which is downloaded, copied, and/or printed. You may not modify any of the content of this web site that is downloaded, copied, and/or printed. You may not distribute any downloaded, copied, and/or printed content to any other person unless the recipient has been given notice of and agrees to accept and abide by these terms and conditions.
3.DISCLAIMER OF WARRANTIES. THE CONTENT OF THIS WEB SITE MAY CONTAIN INACCURATE INFORMATION OR TYPOGRAPHICAL ERRORS AND MAY BE CORRECTED, CHANGED, OR UPDATED AT ANY TIME BY THE COMPANY WITHOUT NOTICE TO YOU. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THIS WEB SITE. THE CONTENT OF THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OF SERVICE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER DESTRUCTIVE ELEMENT, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE CONTENT OF THIS WEB SITE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
4. LIMITATION OF DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR OTHER DATA) THAT ARE RELATED TO THE USE, INABILITY TO USE, CONTENT, OR FUNCTION OF THIS WEB SITE, REGARDLESS OF THE COMPANY’S KNOWLEDGE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF DAMAGES IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEB SITE OR THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED U.S. DOLLARS ($100.00).
5. Privacy Policy. You may view our privacy policy at www.lacassemedia.com. Except as otherwise provided in our privacy policy, you agree that any information provided by you or individuals acting on your behalf will not be considered confidential or proprietary.
6.Links to Other Web Sites. The Company may provide links to third-party web sites of interest to you throughout this web site. You acknowledge that the Company has no control over third-party web sites and the Company is not directly or indirectly responsible or liable for the content, security, or privacy practices of, nor the actions of, the persons or entities which control such third-party web sites. The inclusion of any such link does not imply any endorsement by the Company of any third-party web site. If you decide to visit any third-party web site, you do so at your own risk and it is your responsibility to take all necessary protective measures to guard against viruses or other destructive elements.
7. Accuracy of Information You Submit. In order to use certain portions of this web site, you will be required to fill out forms online. You agree to provide current, complete, true, and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If the Company suspects that such information is not current, incomplete, untrue, or inaccurate, the Company may refuse you access to such portions of this web site and pursue any appropriate legal remedies.
8. Consent to Use of Electronic Mail. When you visit or use this web site, you consent to receive communications from the Company by electronic mail messages. You agree that all notices, agreements, and other communications which the Company provides to you electronically satisfy any applicable legal requirement that such communications be in writing.
9. Security and Encryption. Internet transmissions are never completely private or secure. You understand that any message or information you send to this web site may be read or intercepted by others.
10. Hacking and Viruses. You shall not violate or attempt to violate the security of this web site. Accordingly, you shall not access data or materials not intended for you, log into a server or account which you are not authorized to access, attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or attempt to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. The Company reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses and other destructive elements that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation which may be transferred to your computer via this web site.
11. Consent to Monitoring. The usage of and access to this web site is monitored. The Company may, for statistical and security purposes, monitor and log the URL which requests access to this website, the identification of the computer which originates the request, and the time of the request. Use of this web site constitutes consent to such monitoring.
12. Suspension or Termination of Web Site. The Company reserves the right, at any time and from time to time, to suspend or terminate all or any portion of this web site, including the availability of any features of the web site, and to suspend or terminate any one or more of the licenses or rights granted herein. The Company may also impose limits on certain features and services of or restrict your access to all or any portion of this web site without notice or liability.
13.Copyrights, Trade Names, and Trademarks. All of the content of this web site, including, without limitation, text, graphics, logos, button icons, images, and audio clips, are the property of the Company or its licensors and are protected by U.S. and international copyright, trademarks, and other proprietary rights and laws. “Chad Lacasse Associates” and “www.chadlacasse.com” are trademarks of the Company. The “look and feel” of this web site, including, without limitation, color combinations, button shapes, layout, and all other graphical and navigational elements, are trademarks and proprietary trade dress of the Company. This web site also contains other registered and common law trademarks and proprietary information and patents pending for the Company in addition to those listed above.
14. Limited License Regarding Links. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of the Company as part of the hyperlink without express written consent of the Company.
15. Framing and Meta Tags. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the authorization or license granted by the Company.
16. Amendment of Terms and Conditions. The Company reserves the right, at any time and from time to time, to amend these terms and conditions, in whole or in part, without notice to you. Amendments to these terms and conditions and such terms and conditions of sale will be effective when posted. You should periodically review these terms and conditions and such terms and conditions of sale. Your use of this web site after any such amendments have been posted will be deemed to constitute acceptance of those amendments.
17. Dispute Resolution. To the greatest extent permitted by applicable law, all disputes and controversies between you and the Company arising out of or in connection with this Agreement, or your visit to this web site shall be submitted first to negotiation and, if not resolved by negotiation, then to mediation, and, if not resolved by mediation, then to arbitration. All such negotiations and any mediation and arbitration proceedings shall be confidential and shall be conducted promptly after written notice provided via regular mail from either you or the Company requesting negotiations, mediation, or arbitration. An individual agreeable to both you and the Company having expertise in the resolution of disputes shall preside over any mediation or arbitration proceeding. Any decision rendered by a mediator shall be advisory only and shall not be final or binding. Any decision rendered by an arbitrator shall be final and binding and may be entered by any court of competent jurisdiction. All mediation and arbitration proceedings shall be conducted in Claremont, New Hampshire in accordance with the applicable rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Each party (you and the Company) will pay its own costs, including all attorneys' fees, in relation to negotiations, mediation, or arbitration, but both parties (you and the Company) will equally split the costs and fees of obtaining the mediator or arbitrator. Notwithstanding the foregoing, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of the Company, the Company may seek injunctive or other appropriate relief in any state or federal court in the State of New Hampshire and you consent to exclusive jurisdiction of and venue in such courts in such proceeding.
18. Governing Law. This web site is administered through the Company’s offices located in the United States of America. The Company makes no representations as to the appropriateness or legality of the contents of this web site in other jurisdictions. If you access this web site outside of the United States, you are responsible for complying with all governing law. Any cause of action you may have against the Company with regard to this web site will be governed by the internal laws of the State of New Hampshire, without giving effect to conflicts of laws provisions.
19. Jurisdiction. Subject to your obligation to comply with the dispute resolution provisions of this Agreement, you hereby consent to the jurisdiction of the state or federal courts in and for the State of New Hampshire with regard to any legal proceeding related to this Agreement or this web site.
20. Waiver of Jury Trial. IN THE EVENT THAT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT ARE FOUND TO BE UNENFORCEABLE, THEN THE PARTIES HERETO HEREBY WAIVE A JURY TRIAL IN ANY LITIGATION WITH RESPECT TO THIS AGREEMENT.
21. Force Majeure. The Company will not be liable for any delay or failure in performance of this Agreement which result directly or indirectly from events which are beyond the reasonable control of the Company, including, without limitation, failures or outages with regard to the internet, computer equipment, telecommunication equipment, other equipment, or electrical power, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or any other event which is beyond the reasonable control of the Company.
22. Entire Agreement. These terms and conditions constitute the entire agreement between the Company and you with regard to your use of this web site.
23. Statute of Limitations. Any cause of action which you may have with respect to your use of this web site must be commenced within one (1) year after the claim or cause of action arises.
24. Severability. If any provision of these terms and conditions or any portion thereof is found or held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions and the remainder of these terms and conditions shall continue in full force and effect.
25. Headings. The headings of the sections of this Agreement are for convenience only and do not define, limit, or construe the contents thereof.
