TWBC, LLC (“TWBC”) Terms and
Conditions Effective November 01, 2007 Terms and Conditions This is the web site of TWBC, LLC. Our postal address is: TWBC, LLC 510 Bering Drive Suite 210 Houston, TX 77057 We can be reached via e-mail at info@twbc-llc.com or you can reach us by telephone at 1-832-327-3628 TWBC, LLC (“TWBC”) Terms and Conditions Effective November 01, 2007 This Terms of Use Agreement sets forth the standards
of use of the http://www.thewinningbarcode.com By using the
thewinningbarcode.com website you (the “Member”) agree to these terms
and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update the terms
and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at
http://www.thewinningbarcode.com website. Your continued use of
the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended. 1.
Description of Service TWBC, LLC is providing Member with access to
http://www.thewinningbarcode.com Member must provide (1) all
equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member’s access to the Internet,
and (3) pay any fees relate with such connection. 2.
Disclaimer of Warranties. The site is provided by TWBC, LLC on an “AS IS”
and on an “as available” basis. To the fullest extent permitted by
applicable law, TWBC, LLC makes no representations or warranties of any
kind, express or implied, regarding the use or the results of this web
site in terms of its correctness, accuracy, reliability, or otherwise.
TWBC, LLC shall have no liability for any interruptions in the use of
this Website. TWBC, LLC disclaims all warranties with regard to
the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties. Therefore the above-referenced exclusion is
inapplicable in just jurisdictions. 3. Limitation of Liability TWBC, LLC SHALL NOT be liable for any damages
whatsoever, and in particular TWBC, LLC shall not be liable for any
special, indirect, consequential, or incidental damages, or damages for
lost profits, loss of revenue, or loss of use, arising out of or related
to this web site or the information contained in it, whether such
damages arise in contract, negligence, tort, under statute, in equity,
at law, or otherwise, even if TWBC, LLC has been advised of the
possibility of such damages. 4. Indemnification Member agrees to indemnify and hold TWBC, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. 5. Modifications and Interruption to Service TWBC, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. TWBC, LLC shall not be liable to Member or any third party should TWBC, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that TWBC, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 6. Third-Party Sites Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites. 7. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While TWBC, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. TWBC, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. 8. Governing Jurisdiction of the Courts Texas Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas. 9. Compliance with Laws. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 10. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 thewinningbarcode.com, with all rights reserved, or is the property of TWBC, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TWBC, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of TWBC, LLC. thewinningbarcode.com™ and Guess Now Win Now™ are proprietary marks of TWBC, LLC. TWBC, LLC’s trademarks may not be used in connection with any product or service that is not provided by TWBC, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TWBC, LLC. All other trademarks displayed on TWBC, LLC’s website (http://www.thewinningbarcode.com) are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with TWBC, LLC. 11. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, TWBC, LLC designates the following for notifications of claimed copyright infringement. By Mail: TWBC, LLC 510 Bering Drive Suite 210 Houston, Texas 77057 By Telephone: 1-832-327-3628 By Email: info@twbc-llc.com 12. Botnets TWBC, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets (or similar software) and related activities. If any hostnames are used as command and control points for botnets, TWBC, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. 13. Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by TWBC, LLC in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy. Updated November 1, 2007 TWBC, LLC 510 Bering Drive Suite 210 Houston, TX 77057 We can be reached via e-mail at info@twbc-llc.com or you can reach us by telephone at 1-832-327-3628 |
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Copyright © 2007 TWBC, LLC. All Rights Reserved | Patent Pending
The Winning Barcode is not affiliated in any manner with any of the consumer products depicted on this website. As such The Winning Barcode does not warrant or guarantee the safety or fitness of such products.
