Terms of Use
HogShop.com Terms of Use
This Terms of Use Agreement (the "Agreement") sets forth the standards of use of the HogShop.com website (the "site"). To the extent rules or guidelines affecting your use of the HogShop.com website are found on other pages of the site, those rules and guidelines are hereby incorporated by reference into this Agreement. By using the HogShop.com website you (the "User") 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. You are encouraged to check the site regularly for changes to the Agreement. Modifications shall become effective immediately upon being posted at HogShop.com website, without further notice to you. 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
HogShop.com is providing Users with a wide array of intellectual property content, including but not limited to, hotel information and reviews. To the extent new content is added to the HogShop.com site in the future, the use of that content is subject to this Agreement. This content is provided on an "As-Is" basis. HogShop.com is not responsible for the timeliness of delivery of content, any failures of delivery, or erroneous deletion or failure to store any of a User's personal settings or communications. Users may access this content through personal computers, and other devices or systems now known or hereafter developed. Users understand and agree that they will provide (1) all equipment necessary for their own Internet connection, including computer and modem, or similar device or systems that allow for an online connection and (2) provide for User's access to the Internet, via an Internet Service Provider ("ISP") or similar means, and (3) pay any fees, and comply with any rules or terms of service related to that connection.
2. Disclaimer of Warranties
To the fullest extent permitted by applicable law, HogShop.com 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. HogShop.com shall have no liability for any interruptions in the use of this Website. HogShop.com 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, and as to those jurisdictions only, the above-referenced exclusion may be inapplicable.
3. Limitation of Liability
HogShop.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HogShop.COM 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 HogShop.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS TO THOSE JURISDICTIONS ONLY, THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold HogShop.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
HogShop.com reserves the right to modify or discontinue the Service with or without notice to the User. HogShop.com shall not be liable to User or any third party should HogShop.com exercise its right to modify or discontinue the Service. User acknowledges and accepts that HogShop.com 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 Users to review said privacy policies of third-parties' sites.
7. User's Obligations
You, the User, as a condition of your right to use the service, represent that you are of legal age to enter into a binding contract and that you are not a person barred from receiving these services under the laws of the United States or other country. To the extent you are asked to do so, you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, address, etc.) as required by HogShop.com's registration form(s) and further agree that you will update the data to keep it accurate. HogShop.com reserves the right to suspend or terminate your use of the site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue. If you are the parents of children under the age of 13, and you wish to allow your children access to the HogShop.com site, you will be required to certify that you are at least 18 years old and that you are the legal guardian of the child/children accessing the site. As your child's legal guardian, you are responsible for determining whether any of the content on the HogShop.com site is, or is not, appropriate for your child.
8. User-Submitted Content and User Conduct
With respect to any content submitted or viewed on the site which does not originate with HogShop.com, User understands that all such content, however transmitted, is the sole responsibility of the person who sent it to HogShop.com. For that reason, the User, and not HogShop.com, is solely responsible for all Content that is emailed, posted, uploaded or otherwise transmitted to the site. Since HogShop.com does not control the Content posted by User and other third parties on the site, it cannot and does not warrant and/or guarantee the truthfulness, integrity or quality of that Content. User also agrees and understands that by accessing the HogShop.com site, User may encounter Content that User feels is obscene, improper, or for other reasons deemed objectionable. User expressly agrees and understands that HogShop.com is not liable in any way for any Content, including any errors or omissions regarding the Content. HogShop.com is not liable for any loss or damage of any kind User claims was incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the site.
User further agrees that User will not use the site to:
a. engage in any conduct which might be harmful to minors;
b. transmit in any way available any Content that violates any laws, contains any threats, is obscene, indecent, or violates any person's rights of privacy or publicity, is defamatory, or contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
c. falsely represent that User is another person or fictional entity, or affiliated with the same;
d. submit Content which contains forged headers or which employs other techniques whose purpose is to disguise the origin of the Content submitted;
e. submit to the site any Content that User does not have the right to offer for posting, including material which is confidential or proprietary in nature;
f. submit to the site any Content which contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material;
g. submit to the site any Content that infringes any intellectual property rights, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights of any party;
h. submit to the site any Content that incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
i. engage in any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
HogShop.com reserves the right (but not the obligation) in its sole discretion to pre-screen, j. refuse, move or remove any Content that is posted on its site.
With respect to any information you provide to HogShop.com, include personal data and information, you agree and accept that HogShop.com may retain, maintain and/or disclose your account information and Content if required to do so by law or in a good faith belief that such retention, preservation and/or disclosure is reasonably necessary to: (a) respond to any legal process; (b) enforce these Terms of Use; (c) respond to any claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of HogShop.com, its users and the public.
Content, including but not limited to reviews, photos, and comments that are submitted to HogShop.com shall be owned exclusively and in perpetuity by HogShop.com. Such exclusive ownership means that HogShop.com, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including User-submitted content. HogShop.com is under no obligation to give credit or pay any consideration to Users.
9. Disclaimer Regarding Accuracy of Vendor Information
Product and service specifications and other information have either been provided by the Vendors or collected from publicly available sources. While HogShop.com 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. HogShop.com makes no warranties or representations whatsoever with regard to any product or service 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. You expressly agree to hold HogShop.com harmless for any claims of damage arising from any product or service provided by any Vendor.
10. Governing Jurisdiction of the Courts of the State of Colorado
Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of Colorado, 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 Colorado. The Colorado State Courts shall serve as the venue for any actions brought, or claims made, arising out of your use of this site.
11. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User 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.
12. 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 B)2006 HogShop.com, with all rights reserved, or is the property of HogShop.com and/or third parties and is protected by the intellectual property rights of those owners. 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 HogShop.com, is strictly prohibited. Users 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 HogShop.com.
All trademarks displayed on HogShop.com's website 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 HogShop.com.
13. Notification of Claimed Copyright Infringement
In the event any User or visitor to the HogShop.com site finds Content posted on the site which is believed to be an infringement of the copyright ownership or other intellectual property rights of that User or visitor, you are requested to immediately contact the Copyright Agent of the HogShop.com at the address listed below. In your contact communication, please include the following information to allow us to effectively respond to you:
1. your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, evidence of your right to act on their behalf (ie: retention agreement, authorization to act as agent, etc.) ;
2. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
3. if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
4. a description of where on our site you found the material that you claim is infringing;
5. Confirmation, by your written statement, that you believe, in good faith, that the use of the work on our site has not been authorized by the true owner of the work, its agent, or as a matter of law. The statement should also identify, under penalty of perjury, the name of the true owner of the intellectual property, and that the contents of your statement are true and correct.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, HogShop.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail addressed to:
Copyright Agent
Fish Head Stew LLC
6094 S. Julian Way
Littleton, CO 80123
14. 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 HogShop.com, 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 User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
You agree and understand that this Agreement is the entire agreement between you and HogShop.com, and that any and all prior agreements between you and HogShop.com are superseded by this Agreement. User may not amend this Agreement.
Any failure by HogShop.com to exercise its rights under this Agreement or to enforce the terms of this Agreement shall not constitute a waiver of those rights. If any term of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties' intentions as reflected in the provision, and that all of the other provisions of this Agreement shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of site or relating to the terms of this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no binding legal or contractual effect.