Terms of Use & Disclaimer

PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW. BY USING THESE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.

Subject to the terms of this Agreement, The Better County Media Co. dba BrandYou.Website (“Service Provider”) grants to you a limited, personal, non-transferable, and non-exclusive right to access and use the internet services (the “Services”) provided by BrandYou.Website. Your use of the Services shall be strictly in accordance with this Agreement and our Privacy Policy. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Service. By using the service, you consent to use of your credit information being processed when you make a payment on your bill. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service.

If you are using the Service and/or accessing the Website on behalf of a BrandYou.Website., entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;

b. You have read and understand this Terms of Service; and

c. You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Website include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of others by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Website in any fraudulent or misleading manner, any automated use of the system, such as scraping the Website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Website, and using the Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive relief.

You agree to comply with our Internet Use Policy and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You are solely responsible for any information that you transmit through our Website.

You agree to notify Service Provider promptly if you suspect unauthorized use of your information.

Until you notify Service Provider, you remain solely responsible for such unauthorized use and any damages that may result there from. You further agree to notify Service Provider immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Service.

The term (“Term”) of this Agreement shall commence upon your acceptance of this Agreement and shall continue for a period of twelve (12) months, unless earlier terminated as provided in this Agreement.

You may terminate this Agreement upon Service Provider’s failure to cure an ongoing, material breach of this Agreement within thirty (30) days after giving Service Provider written notice of such material breach.

Service Provider may at any time and without advance notice modify or restrict your use of the Service if Service Provider determines, in its sole discretion, that your use of the Service:

(1) violates the Acceptable Use Policy;

(2) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action;

(3) violates any intellectual property rights of Service Provider or a third party;

(4) violates any export or import regulations;

(5) is disruptive or causes a malfunction of the Service; or

(6) may expose Service Provider to potential legal liability.

If you do not correct the violation within ten (10) days thereafter, the Service Provider may terminate this Agreement. Service Provider may suspend or in its sole option terminate the Service if you fail to timely pay any amounts required under this Agreement.

Upon termination of this End User Agreement, all rights to the Service terminate immediately.

You remain liable for the full monthly charge for the month during which your Service is suspended or terminated and for any usage-based fees.

If this End User Agreement is terminated, you agree not to re-register for or otherwise access the Service without Service Provider’s prior written approval.

Service Provider and/or its agent may delete any data les associated with your use of the Service upon termination of this Agreement.

This website will be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of Service Provider or which are not reasonably foreseeable by Service Provider, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internetslow-downs or failures.

The content conveyed in this web site is intended to provide general information about BrandYou.Website.

The information provided should not be relied upon as legally binding or to be a sole source of information.

The presentation of information is not an offer to represent you, nor is it intended to create a business-client relationship.

The content of any Internet e-mail sent toBrandYou.Website or any of its representatives at the e-mail addresses set forth in this web site will not create a business-client relationship and will not be treated as confidential. All uses of the contents of this site, other than personal uses, are prohibited.

This site may contain RSS feeds and website links to sites maintained by other companies and entities.

These links are only intended to aid research or provide a service to site visitors. BrandYou.Website cannot provide any warranty about the accuracy or source of the information contained on any of these other sites or the content of any le the user might download from these sites.

BrandYou.Website has attempted to conform to the appropriate legal and ethical requirements for business consultants and those of the business community when creating this site.

Please note, however, that prior results do not guarantee a similar outcome. Any questions about BrandYou.Website or the contents of this site can be directed to the owner.

This Agreement and Acceptable Use Policy shall be governed by the law of Texas.

You agree that all actions or proceedings arising in connection with this Agreement or Acceptable Use Policy shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to le an action in federal court) courts located in Tarrant County, State of Illinois.

Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by the Service Provider and you.

Your rights and obligations under this Agreement may not be assigned or transferred without written permission of the Service Provider.

If any provision of this Agreement is determined to be invalid, all other provisions shall be construed to remain in force. Notice or other communication between you, and/or Service Provider, may be given by conventional first-class mail or by e-mail and are effective on the date received.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THESE SERVICES.

In no event shall BrandYou.Website be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites, or use thereof.

Nothing contained in this website or in any written or oral communications from BrandYou.Website or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. BrandYou.Website makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack.

You hereby acknowledge that your use of the websites and the Service is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL BRANDYOU.WEBSITE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF BRANDYOU.WEBSITE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL BRANDYOU.WEBSITE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF BRANDYOU.WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

You agree to indemnify and hold BrandYou.Website, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;

b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Website or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content; and

c. any responses to subpoenas or lawfully requested information about you, and you agree to reimburse BrandYou.Website any attorney’s fees and expenses in responding.

In the event that BrandYou.Website is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for all of BrandYou.Website.’s attorneys' fees and costs.

This Agreement will remain in full force and effect while you use the Website and/or Service. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

BrandYou.Website reserves the right at any time to modify or discontinue, temporarily or permanently, the website and our Services (or any part thereof) with or without notice. You agree that BrandYou.Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

In order to protect the integrity of the Services, BrandYou.Website reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.

Last update Janaury 18, 2022.