Terms and Conditions
The Services include BrentBourgeois.com's products and services (located online http://BrentBourgeois.com, http://BrentFan.com, http://BrentVanWinkle.com and related sites) (the “BrentBourgeois.com Sites”).
BrentBourgeois.com does not guarantee the price, terms, conditions, availability and/or services offered by any owners or managers. For all of the Services, BrentBourgeois.com is involved in the transactions between you and any of its advertisers, but is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by the business owners or managers. If you have a dispute with one or more business owners or managers, you agree to release and hereby release BrentBourgeois.com from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. BrentBourgeois.com will issue a full refund to both parties if a dispute arises and the money is still in the hands of BrentBourgeois.com. If BrentBourgeois.com has already sent the outfitter to the outfitter then the money refunded will be based on the terms and conditions of the outdoor business owners. If the client originally did not sign a release or terms and conditions by the outfitter, then BrentBourgeois.com will issue a refund to the client’s commission only fee. The outfitter will be responsible for any final payments collected through BrentBourgeois.com or outside of BrentBourgeois.com.
Your right to access the Services is subject to any limits established by BrentBourgeois.com. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by BrentBourgeois.com, if any, or authorized in advance and in writing by BrentBourgeois.com (for example, BrentBourgeois.com approved third party tools and services). The BrentBourgeois.com Web site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by BrentBourgeois.com).
The technology underlying, and content within, the Services is owned by BrentBourgeois.com and/or its licensors (including BrentBourgeois.com’s advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and BrentBourgeois.com, BrentBourgeois.com owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. BrentBourgeois.com DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
BrentBourgeois.com’s Potential Liability for the Services is Limited NEITHER BrentBourgeois.com NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. 2xConsuBrentBourgeois.comlting WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BrentBourgeois.com, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Defamation, Copyright and Trademark Claims
BrentBourgeois.com is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others’ conduct and information is limited as described therein.
Further, BrentBourgeois.com is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, BrentBourgeois.com has designated an agent to receive notifications of alleged copyright infringement on the Services by emailing Brent@BrentBourgeois.com on our website to email us directly.
In notifying BrentBourgeois.com of alleged copyright infringement, you must include the following information:
A description of the copyrighted work that is the subject of claimed infringement
A description of the infringing material and information sufficient to permit BrentBourgeois.com to locate the alleged material
Contact information for you, including your address, telephone number and/or email address
A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law
A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed
A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf
Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
BrentBourgeois.com does not arbitrate or resolve trademark disputes among BrentBourgeois.com’s advertisers or between those advertisers and third parties. However, BrentBourgeois.com will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue.
Privacy and Data Collection
Control over Features, Functions, and Access to the Services
BrentBourgeois.com reserves the right to change any information, features and functions of the Services without prior notice. BrentBourgeois.com may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that BrentBourgeois.com determines, in its sole discretion, violate this Agreement, the rights of BrentBourgeois.com or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. BrentBourgeois.com’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Minneapolis, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or BrentBourgeois.com may seek any interim or preliminary relief from a court of competent jurisdiction in Minneapolis, as necessary to protect the rights or property of you or BrentBourgeois.com.
BrentBourgeois.com may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and BrentBourgeois.com.