AGREEMENT BETWEEN USER AND BASHAM’S, INC.
Welcome to our Web Site. This Web Site is provided by Basham’s, Inc., its divisions and its subsidiaries (collectively referred to in these Terms of Service as “we”), as a service to our customers. Please review the following basic rules that govern your use of our Web Site. Our Web Site is comprised of the various web pages that we operate. Our Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION/ADDITIONS TO TERMS OF SERVICE
We reserve the right to change the terms, conditions, and notices under which our Web Site is offered, including but not limited to the charges associated with the use of our Web Site.
At certain places on our Web Site, there may be additional or other terms and policies that apply to your use of this Web Site and the services on it. By using our Web Site or those services, you agree to abide by those terms and policies. We may change those terms and policies from time to time. By continuing to use the Web Site after we post any changes, you accept and agree to those terms and policies, as modified.
LINKS TO THIRD PARTY SITES
Our Web Site may contain links to other Web Sites, including, but not limited to, unaffiliated third party vendors and promotional partners (“Linked Sites”). The Linked Sites may contain our logos, as we may license the Linked Sites this right from time to time. Regardless, the Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Sites or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our Web Site, you warrant to us that you will not use our Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our Web Site in any manner which could damage, disable, overburden, or impair our Web Site or interfere with any other party’s use and enjoyment of our Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Web Sites.
MATERIALS PROVIDED TO OR POSTED AT OUR WEB SITE
We do not claim ownership of the materials you provide to us (including reviews, feedback and suggestions) or post, upload, input or submit to our Web Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting us, and any affiliated companies, franchisees, and necessary sublicensees, permission to use your Submission in connection with the operation of our businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion. We reserve the right at all times to disclose any information regarding any Submission as necessary to satisfy any applicable law, regulation, legal process or governmental request, in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
All right, title and interest in our Web Site and any content contained herein is our exclusive property, except as otherwise stated. Unless otherwise specified, our Web Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Web Site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web Site, except for the purposes expressly provided herein, without our prior written approval. If you copy or download any information or software from our Web Site, you agree that you will not remove or obscure any copyright or other notices contained in any such information.
NO WARRANTIES; LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE CHANGES TO OUR WEB SITE AT ANY TIME. ADVICE RECEIVED VIA OUR WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS OVER THE INTERNET. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF. YOU AGREE TO DETERMINE WHETHER OUR SERVICES ARE SUFFICIENTLY SECURE TO MEET YOUR NEEDS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH OUR WEB SITE. NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR 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. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, WHETHER WRITTEN, ORAL, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, WORKMANSHIP, CONFORMITY AND FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, TITLE, OWNERSHIP AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, REVENUE OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEB SITE, WITH THE DELAY OR INABILITY TO USE OUR 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 OUR WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEB SITE, WHETHER BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR 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. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEB SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE.
We reserve the right, in our sole discretion, to terminate your access to our Web Site and the related services or any portion thereof at any time, without notice.
You agree to indemnify, defend, and hold us harmless (including our parents, subsidiaries, and affiliates, and all of our and their respective officers, directors, employees, agents, licensors, and suppliers) against all claims, losses, expenses, damages and costs (including reasonable legal fees) arising from or related to your use of the Web Site or breach of these Terms of Service. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us in connection with our defense. Your indemnification obligation shall survive the termination of these Terms of Service.
We may use web beacons, pixel tags, .gif files, and the like, that allow for the collection of information about your interactions on our websites. These technologies may be used, for example, to place advertisements, to understand website traffic patterns and the number of visitors to our website, and to measure the effectiveness of advertisements or our website. Web beacons, and the like, also enable third-parties involved in advertising operations to recognize your browser as you navigate to other websites, and are necessary for the online delivery or placement of certain types of ads.
COPYRIGHT AND TRADEMARK NOTICES
All contents of our Web Site are copyrighted and are owned by us and/or our suppliers. All rights reserved.
The trademarks, logos, and service marks displayed on our Web Site (collectively the “Trademarks”) are our registered and unregistered trademarks or those of our affiliates. Under no circumstances may you alter, modify, or change the Trademarks. Nothing contained on our Web Site should be construed as granting any license or right to use any Trademark without our express permission. Any rights not expressly granted herein are reserved.
You agree that the terms and conditions of use of this Web Site are independent and separate from any sales or lease transaction you may enter into with us. A customer’s Lease Agreement is the only contract between that customer and us related to the products or merchandise set forth in the Lease Agreement. Nothing on this Web Site should be interpreted to change or modify any terms of the Lease Agreement or to create a separate contract between the customer and us regarding a lease or sale transaction. Products and prices are subject to change without notice.
For questions about these Terms of Service, our Web Site, or our services, or if you believe that we have not adhered to these Terms of Service, please contact us at Basham’s, Inc., 3135 S. Seneca, Wichita, KS 67217 or at email@example.com. We will use commercially reasonable efforts to respond and determine and remedy any problems.
Last Revised January 5, 2019