Terms and Conditions

Terms of Use

 

THESE TERMS OF USE (these “Terms”) form a legal agreement between you (referred to in these Terms as “You,” “Your,” or “Yours”) and Barge Design Solutions, Inc. (“Company”) and govern Your use of Company’s website available at www.bargedesign.com (the “Site”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE.

By accessing or using this Site in any way, including without limitation, browsing this Site, and using any information, You agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, including conducting this transaction electronically, certain third-party terms and conditions, disclaimers of warranties, damage and remedy exclusions and limitations, Company’s privacy policy available at https://www.bargedesign.com/terms-and-conditions, binding arbitration, venue selection, a choice of Tennessee law, and you represent and warrant that you are at least eighteen (18) years old or older and possess the legal right and ability to agree to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS OR ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THE SITE.

1. Site Content

(a)   This Site is for Your personal and noncommercial use. All content of this Site is: ©2018 Barge, Waggoner, Sumner & Cannon, Inc. All rights reserved. Barge Design Solutions and the Company logo are trademarks of Barge, Waggoner, Sumner & Cannon, Inc. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor Your use of this Site transfers any right, title, or interest in the Site or the Content to You, and Company and its third party licensors retain all of its and their respective right, title, and interest to the Site and Content.

(b)  Except as provided in these Terms, You may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Company. In addition, You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.

(c)   The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in Your location. The Content of the Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Site is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. Company does not make any representations regarding the legality of the Site in any other country, and it is Your sole responsibility to ensure that Your use complies with all applicable laws.

(d)  Certain materials on or features accessible through this Site may be furnished by third parties. Certain company designations for companies other than Company may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

(e)   Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Company’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved. 

2. User Conduct

By using this Site, including any Content and services available through it, You agree that You shall not:

(a)   delete, modify, hack, or attempt to change or alter any of the Content on the Site;

(b)  use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;

(c)   use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;

(d)  use any Company names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(e)   use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

(f)   transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

(g)  create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, or violate the privacy rights of others; or

(h)  provide false information, impersonate another person or entity, or misrepresent Your affiliation with any entity.

3. Permissible Use

Except as indicated to the contrary elsewhere on this Site, You may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

(a)   the Content is used solely for personal, informational, or internal business purposes;

(b)  the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

(c)   all copyright, trademark, and other proprietary rights notices included in the Content as presented on this Site appear on all copies;

(d)  the Content is not modified or altered in any way; and

(e)   no graphics are used separately from accompanying text.

4. Other Sites; Third-Party Content

As a convenience to You, the Site may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink (“Linked Site”). All Linked Sites are provided only because they may be of interest to Site users or offer a service for Your convenience. Information and views contained in Linked Sites are not adopted or endorsed by us.

You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Site before You use them. Company does not author, edit, or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on, or services provided through, the Linked Sites, nor does inclusion of any link imply endorsement of any Linked Site by us, or vice-versa; (b) third-party content accessible through Linked Sites; (c) any loss or damage whatsoever You may incur from dealing with any Linked Site; or (d) Your dealings with any third parties found on or through the Site. You bear all risk associated with the use of the Linked Sites, third-party services, and Your correspondence or business dealings with advertisers other than us found on or through the Site.

Company does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any Internet sites. Company reserves the right to terminate such links at any time. The fact that Company offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, features, products, or services.

5. Modifications to Terms

Company may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes Your acceptance of such changes. If You object to any provision of these Terms or any subsequent modifications to these Terms, Your only recourse is to immediately terminate use of the Site.

6. Termination of Site/Modifications to Site

Company reserves the right to modify or terminate Your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to You, and is not obligated to support or update the Site. Sections 1 and 9-16 of these Terms shall survive any termination. Company also may also limits on certain features and services, restrict Your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Company will not be liable to You or any third party in the event that Company exercises its right to modify or terminate access to the Site or portions of the Site.

7. Copyright Infringement

In accordance with the U.S. Federal Digital Millennium Copyright Act (“DMCA”), Company has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Company will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If You believe that Your copyrighted work or the copyrighted work of another party is being infringed, please notify us at paula.harris@bargedesign.com or through the address at the end of this page. When notifying us of the alleged copyright infringement please provide us with the following information:

(a)   a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

(b)   identification of the copyrighted work alleged to have been infringed;

(c)   a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;

(d)   information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

(e)   a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(e)     a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If Company in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, Company will remove or disable access to such material.

8. Typographical Errors

Our goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

9. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. COMPANY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING THE RECEIPT OF ANY OFFERS OF EMPLOYMENT; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

10. Limitation of Liability

IN NO EVENT SHALL COMPANY or its officers, directors, or employees BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IF THE LIMITATIONS SET FORTH IN THIS SECTION 10 ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, COMPANY’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

11. Indemnity

You agree to indemnify and hold harmless Company, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, and at Company’s sole election defend the foregoing, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to Your use of or access to this Site, Your use of the Content, including any use by Your employees, Your violation of these Terms, or Your violation of any rights of another.

12. Limitation on Actions Brought Against Company

You agree that any claim or cause of action arising out of these Terms or Your use of this Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

13. Dispute Resolution

You agree that any dispute arising out of or relating in any way to Your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent You have in any manner violated or threatened to violate Intellectual Property Rights, Company may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any federal court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 13 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over Nashville, Tennessee.

14. Acknowledgement

You hereby acknowledge (a) that You have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.

15. General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Company’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms as posted from time to time by Company on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

16.    Contact Information

If you have any questions about these Terms of Use, the practices of Company, or your dealings with this Site, please contact us at paula.harris@bargedesign.com or at the address below. You may also contact us to update your personal information by notifying us when you change your name or email address.

Address:         Barge Design Solutions

                        Attn: Paula Harris, Executive Vice President, Chief Marketing Officer

                        211 Commerce Street, Suite 600

                        Nashville, Tennessee 37201

Last Updated: January 8, 2018

 

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