Terms of Use
Welcome to www.howsthebar.com. www.howsthebar.com’s goal is to provide the best services to you. To ensure that we can provide a safe and friendly environment for all of our users, we have established these TERMS OF USE. It spells out just what you can expect form us and what we can expect from you.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER. www.howsthebar.comWEB SITE. THEY ARE LEGALLY BINDING YOU.
By using this Web site, you signify your assent to these Terms of Use. (Note: The use of the word “Terms” also includes the term concept of “Conditions.”) We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this web site now or following the posting of changes to these terms will signify that you accept the right to use our Web site, as we may decide in our absolute discretion.
1. RESTRICTIONS ON USE OF MATERIALS.
All materials on this items including but not limited to text, images, design, audio, graphics logos, software, and the life (collectively called the “Materials”), are owned or licensed by www.howsthebar.com(called also “howsthebar.com”) or its content suppliers and protected by U.S. and international laws. Al trademarks, service marks, and trade names are proprietary to howsthebar.com. You may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any Materials from our Web site without the prior written permission of the Company. Use of these materials on any other web site or other networked computer environment is prohibited without the prior written permission of Company.
2. DISCLAIMER.
THIS SITE IS PROVIDED BY www.howsthebar.com ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED AS TO THE OPERATION OF OUR SITE, ITS INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT ANY FUNCTIONS OF OUT SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR SERVER(S) ARE FREE OF VIRUSES.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE MATERIALS ON THIS WEB SITE AS TO THEIR ACCURACY OR RELIABIITY. YOU (AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR. FURTHER, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF ANY IMPLIED WARRANTIES, SO THE ABOVE EXCUSIONS MAY NOT APPLY TO YOU.
3. LIMITATION OF LIABILITY.
UNDER NO CIRMUSTANCES SHALL www.howsthebar.com BE LIABLE FOR ANY CLAIMS OF NEGLIGENCE OR BREACH, INCLUDING BEING LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OR INABILITY TO USE THE MATERIALS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THESE POSSIBILITIES, APPLICABLE LAW MAY NOT ALLOW THESE LIMITATIONS ON LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
IN NO EVEN SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
4. ONLINE CONDUCT.
Any communication which you post to our Web site is no confidential, and use agrees to use www.howsthebar.com only for lawful purposes. You shall not post or publish on our Web site any content which is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable law.
If we are notified of any alleged content violation, we may investigate this and decide in our sole discretion whether to remove that content from our Web sire. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Company; and (iii) to protect the rights or property of our Company, its users, or providers.
www.howsthebar.com reserves the right to prohibit conduct, communication, or content that we deem in our sole discretion to violate any law or be harmful to the rights of any user, our Company, or any third party. Provided, however, neither we nor our provider(s) can ensure the prompt removal questionable content after online posting. Accordingly, neither our Company nor any of its officers, employees, or representatives shall assume liability for any action or inaction taken with respect to removing such material from our Web site.
Our Web site shall be used only for personal uses consistent with our site’s operations services. You specifically acknowledge that soliciting any users of the Web site to become members of any commercial online service or other organization is expressly prohibited.
By uploading or submitting any materials to us, you automatically grant and warrant that the content owner has expressly granted us a royalty-free, irrevocable, nonexclusive right and license to use, publish, modify, and distribute the content worldwide, including the right to use it in other works in any form, media, or technology for the copyright term of this content. Subject to this grant, the content owner retains any and all rights which may exist in that content.
Any advice, services, or offers that expressed by you, or made available by third parties, are those of the respective authors--and not of www.howsthebar.com or any of our officers, employees, or representatives. Neither Company nor any of its representatives guarantee the accuracy, completeness, or appropriateness of any content, opinion, or advice, nor its merchantability or fitness for any particular purpose. Under no circumstances shall we be liable for any loss, damages or harm caused by a user’s reliance on any information obtained through is Web site. It is the responsibility of each user to independently evaluate the information, advice, or other content found at this Web site.
5. THIRD -PARTY SUMISSIONS.
User may upload to or distribute on our Web site only content that is not subject to any copyright or other proprietary rights protection, or content in which the author has given express authorization for Internet distribution. Any content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, date, owned by (Alpha Dog Entertainment LLC); used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary content is illegal.
In compliance with the Digital Millennium Copyright Act, users and other persons can report any potential infringements and recommended corrections to us, in care of www.howsthebar.com for Complaints about Copyright Infringements. We will address those concerns in accordance with that Act. Neither our Company, it officers, or representatives will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm that arises from user submissions.
6. PRIVACY POLICY.
It is www.howsthebar.com ‘s policy to respect the privacy of our users. Our Privacy Policy is set forth at the bottom of our home page.
7. LINKING FROM AND TO THIS WEB SITE.
To the extent that this Web site has links from and to other Web sites, we cannot endorse nor control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular Web site.
Any ink to our Web site is subject to our approval, conditions, and agreement, as we may decide in our sole discretion. Additionally, any linking, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature is strictly prohibited.
8. TERMINATION OF USE.
www.howsthebar.com reserves the right to refuse service, terminate accounts, suspend activity,
and /or cancel order in its sole discretion, including, without limitation, if we believe that any customer’s conduct violates applicable law, is harmful to another user’s interest, or is harmful to the Company’s, a third-party’s, or a service provider’s interests.
9. USE BY CHILDREN UNDER 13.
www.howsthebar.com cannot prohibit minors from visiting our Web site. We must rely on the supervision of the responsible parents, guardians, and those responsible for supervising children under 13 to decide which materials are appropriate for children to view and/or purchase.
We require that all purchases be made either: (i) by individuals 13 years of age or older; of (ii) by minors under 13 whose parents or guardians will pay for the minor’s purchases, give verifiable permission for those purchases, and give verifiable permission to us for the collection of certain information in accordance with our privacy policy terms. Every time you purchase a product or service from our Web site, you are representing to us that you meet these criteria.
10. INDEMNITY.
You agree to indemnify, hold harmless, and defend www.howsthebar.com , our employees, officers, directors, agents, and providers from and against all claims, actions, or demands, including, reasonable legal fees and court costs, resulting from any breach by you of these Terms of Use or other liability.
11. OTHER.
Any legal dispute arising in connection with these Terms of Use shall be first attempted to be settled by mediation. If that is not successful, then the dispute shall be settled by arbitration to be held in Illinois in accordance with the rules of the American Arbitration Association, and this agreement to arbitrate shall be specifically enforceable. Any award shall be final and binding on all parties, and a final judgment may be entered in the appropriate court of law. Notwithstanding this, should any litigation ensue between the parties, then the prevailing party shall be entitled to reasonable expenses and attorney fees as set by the Court.
This site is created and controlled by www.howsthebar.com in the State of Illinois, whose laws will govern these Terms of Use and legal controversy. You consent to submit to the exclusive jurisdiction of the courts of the State of Illinois and of the United States for and litigation arising out of our Web site’s use and operation, waive any objection to this state on improper jurisdiction and/or venue grounds, and agree not to argue that any such litigation brought there has been brought in an inconvenient forum.
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable by any court of competent jurisdiction, then that provision shall be deemed severable from the rest of the provisions and shall not affect the validity or enforceability of any of the remaining ones.
YOU AGREE TO E BOUND BY THESE TERMS OF USE by your accessing, viewing, and/or using our Web site.
