Your Agreement to be Legally Bound
You agree that the Website, including all software, trademarks, service marks and content, including, text, graphics, logos, icons, photos, reports, products, digital downloads and data compilations, and all intellectual property and proprietary rights in the foregoing, are the valuable property of Barnwell and/or its licensors. The Website is protected by U.S. and international copyright laws.
Barnwell shall have sole and complete control over, and reserves the right at any time to make changes to the Website, including the configuration, appearance, content and functionality of the Website.
Your Use of the Website
You agree that you will not, under any circumstance:
(a) sell, lease, transfer, recirculate, publish, transmit, perform, display, create derivative works of, make available or otherwise provide access to or exploit the Website, including any portion or service thereof, to any person, whether through oral, written, or electronic means, whether as a demonstration, for commercial purposes or otherwise; (b) copy or otherwise reproduce in any medium any portion of the Website; or (c) access, alter, decompile or reverse engineer any software or other component of the Website.
You agree that you may access the Website through the World Wide Web or other Internet provider which is not necessarily secure, and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. Barnwell does not warrant that any such system or communication is secure.
You agree that if you suspect, or become aware of a technical failure or any improper access to or use of the Website by another person, you shall promptly notify Barnwell of such occurrence.
THE WEBSITE, INCLUDING ALL CONTENT AND SERVICES, IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT. BARNWELL MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. BARNWELL DOES NOT WARRANT THAT THE FUNCTIONS OR REPORTS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS.
BARNWELL MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, INCLUDING ANY CONTENT OR SERVICE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ARE ACCESSING THE WEBSITE FROM OUTSIDE THE UNITED STATES, YOU, NOT BARNWELL, ARE RESPONSIBLE FOR COMPLIANCE WITH ALL UNITED STATES AND FOREIGN LAWS THAT ARE APPLICABLE, AND YOU AGREE TO INDEMNFIY BARNWELL FOR ANY AND ALL LIABILITY ARISING OUT OF ANY BREACH OF SUCH LAWS.
Your Use of Third Party Websites
Barnwell shall have no duty or obligation to verify, correct, complete or update the Website.
You Agree to Indemnify Barnwell
You agree to indemnify, hold harmless, and defend at your own cost Barnwell and its officers, partners, affiliates, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any cost, liability, judgment, settlement, claim, loss or damage (including attorneys’ fees and other expenses) (collectively “Losses”) arising out of or in connection with your use of or access to the Website (including any Loss suffered as a result of or in connection with your reliance on the Website, a breach by you of applicable law, any breach of your obligations contained herein, any unauthorized use of the Website or breach of any of your representations or warranties), except to the extent the same is found by a court of competent jurisdiction from which no appeal can be or is taken to have resulted from the willful misconduct or gross negligence of Barnwell.
No settlement of any claim (other than a settlement involving only the payment of money which is paid in full by you and in which Barnwell is completely released from liability) or consent to entry of any judgment shall be entered into without the consent in writing of Barnwell.
Barnwell’s Liability to You is Limited
BARNWELL SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES WITH RESPECT TO THE WEBSITE, OR ANY PORTION THEREOF, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION, LIABILITY FOR (I) THE ACCURACY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, CONTINUED AVAILABILITY OF THE WEBSITE; (II) ANY VIRUS OR OTHER HARMFUL OR MALICIOUS CODE TO CONTENT; (III) ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES.
IN NO EVENT SHALL BARNWELL BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING IN ANY MANNER TO YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, EVEN IF BARNWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES COULD HAVE BEEN FORESEEN. BARNWELL SHALL HAVE NO RESPONSIBILITY TO INFORM YOU OF, OR TO TAKE ANY ACTION IN CONNECTION WITH, ANY ERRORS OR DIFFICULTIES EXPERIENCED BY BARNWELL OR OTHER THIRD PARTIES WITH RESPECT TO USE OF THE WEBSITE.
Law & Jurisdiction