Terms & Conditions
USE OF THE WEBSITE
By accessing or using this Website, you, the user of the Website (“you,” “your,” or “user”), are subject to and agree to be bound by these Terms, our Privacy Policy Statement, and any other additional terms incorporated by reference herein. You are authorized to use this Website only if you agree to abide by all applicable laws and regulations. Please read these Terms and the Privacy Policy Statement carefully. If you do not agree with these Terms, you should leave this Website and discontinue use of this Website immediately.
MODIFICATIONS
I may periodically change the Terms, so please check back from time to time. Any such modifications will be effective upon posting on the Website. You agree to be bound by any changes to these Terms when you use the Website after any such modification is posted. It is therefore important that you review these Terms each time before accessing the Website to ensure that you are updated as to any changes. If you do not want to be bound by a modification to these Terms, you will need to refrain from using the Website. No other amendments will be valid unless they are in a written document signed by both you and me. You understand and agree that I may discontinue or change the Website at any time, without notice to you.
COPYRIGHTS
All content and functionality on the Website, including, without limitation, all text, graphics, logos, icons, and images, and the selection and arrangement thereof, are the exclusive property of BOB or its licensors and are protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
TRADEMARKS
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Website are the registered and common law Trademarks of BOB and its licensors. You agree that you will not refer to or attribute any information to BOB or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, BOB or its licensors.
USE OF SITE CONTENT AND TERMINATION
I hereby grant you a limited, non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Website (collectively, the “Website Content”) on any single computer for your internal, non-commercial use, provided that you do not modify the Website Content in any way and that you retain all copyright and other proprietary notices displayed on the Website Content. You shall not otherwise reproduce, modify, distribute, perform, transmit, post, publish, disclose, store, disassemble, or de-compile the Website Content without my prior written consent. Systematic retrieval of data or other Website Content from the Website to prepare any collection, compilation, database, or directory is strictly prohibited. You understand and agree that I, in my sole discretion, may direct you to cease using the Website, and discontinue or restrict your access to the Website, all without notice to you and for any reason. You agree that I shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any parts thereof.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Contribution Standards set out in these Terms; to transmit, or procure the sending of, any advertising or promotional material without my prior written consent, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation; to impersonate or attempt to impersonate me, one of my employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by me, may harm the Website or users of the Website or expose them to liability.
Additionally, you agree not to: use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website; use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without my prior written consent; use any device, software, or routine that interferes with the proper working of the Website; introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Website.
USER POSTINGS
The Website may contain features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the Website. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant me and my respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that: (A) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to me; and (B) All of your User Contributions do and will comply with these Terms, including the Contribution Standards below.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not BOB, have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness. I am not responsible, or liable to any third party, for the substance or accuracy of any User Contributions posted by you or any other user of the Website.
CONTRIBUTION STANDARDS
These contribution standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy Statement; be likely to deceive any person; promote any illegal activity, or advocate, promote, or assist any unlawful act; cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person or organization; involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or give the impression that they emanate from or are endorsed by me or any other person or entity, if this is not the case.
MONITORING AND ENFORCEMENT
I reserve the right to: remove or refuse to post any User Contributions for any or no reason in my sole discretion; take any action with respect to any User Contribution that I deem necessary or appropriate in my sole discretion, including if I believe that such User Contribution violates these Terms, including the Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for BOB; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
I do not undertake to review all User Contributions before they are posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, I assume no liability for any action or inaction regarding transmissions, communications, or information provided by any user or third party. I have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. I do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. I disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by me, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect my opinion. I am not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties.
HYPERLINKS TO THIRD-PARTY WEBSITES
I make no representations whatsoever about any third-party website which you may access through my Website. When you access a third-party website, please understand that it is independent from me, and that I have no control or responsibility over the content on that website, even if I provide content on that website. I provide hyperlinks only as a convenience. A hyperlink to a third-party website does not imply that I endorse the content on or the business of the hyperlinked website. These third-party websites are governed by the terms of use and privacy policies, if any, of the third-party content providers. You are solely responsible for determining the integrity and reliability of the information on the Website as well as the information on the hyperlinked website.
DISCLAIMERS
The content and functionality on the Website are provided with the understanding that I am not herein engaged in rendering professional advice and services to you. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. I EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I MAKE NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE, OR ERROR-FREE; NOR DO I MAKE ANY WARRANTY AS TO THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. I MAKE NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY SITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL I, BARBARA OLIVEIRA-BECKHAM, OR ANY OF MY PREDECESSORS, SUCCESSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I AM ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY USER, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE WEBSITE. IN NO EVENT SHALL MY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold harmless me, Barbara Oliveira-Beckham, my subsidiaries, affiliates, officers, employees, agents, and partners against any and all claims and expenses, including attorneys’ fees, arising from your use of the Website, breach of these Terms, or breach of any third party’s rights. This indemnification shall survive your use of the Website.
INFRINGEMENT NOTICE
I prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights, including the rights of privacy and publicity, of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any information on the Website, please write to me at the address shown below, providing a written statement. To be effective, the statement must contain the following information:
Identification of the copyrighted content and/or intellectual property right claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
Identification of the allegedly infringing material on the Website that is requested to be removed and information reasonably sufficient to permit me to locate the material;
Your name, address, daytime telephone number, and an electronic mail address at which you may be contacted;
A good faith statement of belief that the use of the copyrighted work and/or exercise of intellectual property right is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
The physical or electronic signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
I will remove any posted submission that infringes the copyright and/or intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). My contact for submission of notices under this section is: Barbara Oliveira-Beckham, [address].
GOVERNING LAW
These Terms are governed by the laws of the state without reference to the principles of conflicts of laws thereof. You expressly consent to the jurisdiction of the state and federal courts for any dispute or claim arising out of these Terms.
LIMITATION TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by me, Barbara Oliveira-Beckham, of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure on my part to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
ENTIRE AGREEMENT
These Terms, as amended, and the consents provided by you, constitute the entire agreement between you and me, Barbara Oliveira-Beckham.
COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to barbaraobeckham@gmail.com.
Last Updated: March 17, 2024.