Bagger Dave’s® Internet Site Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.
RESTRICTIONS ON USE
Material from www.baggerdaves.com may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Bagger Dave’s® EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Bagger Dave’s® intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Bagger Dave’s®. Neither title nor intellectual property rights are transferred to you, but remain with Bagger Dave’s®, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
RESTRICTION OF LIABILITY
Bagger Dave’s® will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Bagger Dave’s® will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Bagger Dave’s® or an authorized Bagger Dave’s® representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Bagger Dave’s® total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.
All remarks, suggestions, ideas, graphics, or other information communicated to Bagger Dave’s® through this site (together, the “Submission”) will forever be the property of Bagger Dave’s®. Bagger Dave’s® will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Bagger Dave’s® operations. Without limitation, Bagger Dave’s® will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Bagger Dave’s® will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Bagger Dave’s® or to other entities who are not involved in the operation of this site. You acknowledge that you are responsible for whatever material you submit, and you, not Bagger Dave’s® have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
The material in this site could include technical inaccuracies or typographical errors. Bagger Dave’s® may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Bagger Dave’s® DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bagger Dave’s® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bagger Dave’s® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Bagger Dave’s®) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
This website contains downloadable materials as well as links to external sites. Bagger Dave’s ® is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Bagger Dave’s ® cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.