CONDITIONS OF USE
License for Use
Limitations and Disclaimers
The Site may allow you to access various content. You acknowledge and agree that this type of content is provided for general purposes only; and you acknowledge that circumstances may cause information to differ from what is presented through the Site. You agree to exercise all reasonable judgment and take all appropriate steps, including without limitation consulting additional sources of information and taking all appropriate safeguards, in relation to your use of any such information. YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE.
THE AGENCY PROVIDES THE SITE “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE SITE —INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, FREEDOM FROM INTERRUPTION OF SERVICE OR AVAILABILITY, FREEDOM FROM VIRUS OR OTHER HARMFUL CODE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Restrictions on Use
Unless you have received prior written authorization from the Agency:
- you may not sell, rent, lease, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, or any of its content;
- you may not access or use the Site through any technology or means other than those provided in the Site;
- you may not access or use the Site in a manner that gives you or any other person access to mass downloads or bulk feeds of any content from the Site;
- you may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software, except where such means are used for the sole purpose of search engine optimization;
- you may not access or use the Site for purpose of scraping, harvesting, mining, or other data extraction;
- you may not access or use the Site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the operations of the Site or interference with access to the Site, such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications;
- you may not reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof; and
- you may not delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Site.
Your Communications to Us
Additional Limitations of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER THE BARC AGENCIES NOR THEIR RESPECTIVE COMMISSIONERS, BOARD MEMBERS, OFFICERS, EMPLOYEES, NOR AGENTS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF THE BARC AGENCIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF THE BARC AGENCIES AND THEIR COMMISSIONERS, BOARD MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. 47 U.S.C. § 230(d) requires us to tell you that you may obtain these types of tools from the commercial providers, such as KidsWatch, Safe Eyes, Netgear Live Parental Controls, and ZoneAlarm SocialGuard. We do not sponsor or endorse and we are not affiliated with any of these providers.
No Endorsement of Third Party Websites, Products, or Services
The Site may contain or feature references (including without limitation advertisements, hypertext or other links to other websites or applications) that are not owned, operated, controlled or reviewed by the BARC Agencies. These references and links are provided solely as a courtesy and convenience to you and do not constitute sponsorship, endorsement, or recommendation by the BARC Agencies or other affiliation with the BARC Agencies. THE BARC AGENCIES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY FROM DAMAGES THAT MAY RESULT FROM THE ACCESSING OR USE OF ANY THIRD-PARTY WEBSITES OR THIRD-PARTY SOFTWARE APPLICATIONS.
Governing Law and Jurisdiction