Terms of Use
PLEASE USE THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Disclaimer: No advice
This website contains general information. The information is not advice, and should not be treated as such.
Limitation of warranties
The information on this website is provided “as is” without any representations or warranties, express or implied. Black Twig Communications makes no representations or warranties in relation to the information on this website.
Without prejudice to the generality of the foregoing paragraph, Black Twig Communications does not warrant that:
1. the information on this website will be constantly available, or available at all; or
2. the information on this website is complete, true, accurate, up-to-date, or non-misleading.
Liability
Nothing in this disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.
Further Disclaimers of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BLACK TWIG COMMUNICATIONS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLACK TWIG COMMUNICATIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BLACK TWIG COMMUNICATIONS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BLACK TWIG COMMUNICATIONS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BLACK TWIG COMMUNICATIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BLACK TWIG COMMUNICATIONS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BLACK TWIG COMMUNICATIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLACK TWIG COMMUNICATIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BLACK TWIG COMMUNICATIONS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BLACK TWIG COMMUNICATIONS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BLACK TWIG COMMUNICATIONS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BLACK TWIG COMMUNICATIONS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLACK TWIG COMMUNICATIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLACK TWIG COMMUNICATIONS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLACK TWIG COMMUNICATIONS WEB SITE.
Email Opt-in Policy
You may choose to use forms or to opt into emails from Black Twig Communications or its staff that are associated with this site. You may unsubscribe at any time by clicking on the “unsubscribe” link at the bottom of any email sent.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Black Twig Communications. The collective work includes works that are licensed to Black Twig Communications. Copyright 2012, Black Twig Communications, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of individual use. Any other use, including but not limited to the reproduction, distribution, display, transmission of the content of this site is strictly prohibited, unless otherwise authorized by Black Twig Communications. You further agree not to change or delete any proprietary notices from materials downloaded from this site.
Trademarks
All trademarks, service marks and trade names of Black Twig Communications used in this site are trademarks or registered trademarks of Black Twig Communications.
Limitation of Liability
Black Twig Communications shall not be liable for any special or consequential damages that result from the use of, or the inability to use the services or products offered on this site or the performance of the services and products.
Termination
These terms and conditions are applicable to you upon your accessing this site and/or completing any forms or providing any information. These terms and conditions, or any part of them, may be terminated by Black Twig Communications without notice at any time, for any reason. The provisions relation to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.
Notice
Black Twig Communications may deliver notice to you by email, a general notice on the site or by other reliable means to the address you have provided to Black Twig Communications.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Missouri, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relation to this site shall be in the state or federal courts located in St. Louis County, Missouri. Any cause of action or claim you may have with respect to the site must be commenced within one year after the claim or cause of action arises. Black Twig Communications’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither course of conduct between the parties nor trade practices shall act to modify any of these terms and conditions. Black Twig Communications may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language is strictly forbidden. Impersonation of others, including a Black Twig Communications or other licensed employee, host or representative, as well as other member or visitors to the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any commercial online service or organization.
Participation Disclaimer
Black Twig Communications does not and cannot review all communications materials that may be posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Black Twig Communications is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Black Twig Communications reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Black Twig Communications in its sole discretion.
Indemnification
You agree to indemnify, defend and hold harmless Black Twig Communications, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs including reasonable attorneys’ fees, resulting from a violation of these terms and conditions or any activity related to your use of this site, including negligent and wrongful conduct, by you.
Third Party Links
In an attempt to provide increased value to our site visitors, Black Twig Communications may link to sites operated by third parties. However, even if the third party is affiliated with Black Twig Communications, Black Twig Communications has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Black Twig Communications. These linked sites are only for your convenience and therefor you access them at your own risk. Nonetheless, Black Twig Communications seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well.
