This Agreement we may refer to Bama Marketing Group as “our”, “us” or “we,” and we may refer to you as the “user” or “end user.”
General. We are always working to innovate and find new ways to provide the users of our site new and interesting features and services, and as such we have the right to change, suspend or discontinue any or all aspects or features of the website or services, or any portion thereof, at any time, including the availability of or access to any feature, content, hours of availability and equipment needed for access or use.
You represent and warrant that you are an individual and you are of legal age to form a binding contract, and you are at least 18 years or age or older; all registration information you submit is accurate and truthful; and you will maintain the accuracy of such information. You also certify that you are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the services and access of the website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
Electronic Communications. When you visit the Website or use the Services you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The website and services are operated and offered by Bama Marketing Group from its facilities in the United States of America and the respective sites are offered in the United States (Bama Marketing Group) We make no representations that the website or services are appropriate or available for use in other locations. Users who access or use the website or services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
Equipment. You shall be responsible for obtaining and maintaining any equipment, services or software needed to connect to, access the website or otherwise use the services, including, without limitation, modems, hardware, software, mobile devices and long distance or local telephone service and all charges related thereto. Bama Marketing Group is not liable for any damages to your equipment resulting from use of the website or services.
Subject to these terms, you may download, print, and/or save the Bama Marketing Group content for personal non-commercial use only, provided you shall not store any significant portion of it in any form.
We retain the right, but not the obligation, to remove or delete any User Content or any portion thereof for any reason. You understand that all information publicly posted or privately transmitted through the website is the sole responsibility of the person or third party from which such content originated and that we are not liable for any errors or omissions in any content. You understand that Bama Marketing Group cannot guarantee the identity of any other users with whom you may interact in the course of using the Website or Services.
Under no circumstances will Bama Marketing Group be liable in any way for any content, including, but not limited to, any errors or omissions in any content including prices and images, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted or otherwise made available via the website. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
Bama Marketing Group reserves the right to terminate its agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to Bama Marketing Group by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted on the Website in a way that constitutes copyright infringement, you shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Website of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Bama Marketing Group’s Copyright Agent for notice of claims of copyright infringement is as follows:
Restrictions. You are responsible for all of your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any users without our prior express approval.
You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website, or use of any data mining, robots or similar data gathering and extraction tools, is strictly prohibited. You may not frame or utilize framing techniques to enclose any Content without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Bama Marketing Group’s name or trademarks without our express written consent.
Warranty Disclaimer. END USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND THE SERVICES ARE AT END USER’S SOLE RISK. NEITHER Bama Marketing Group, NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR COUPONS OR VOUCHERS PROVIDED THROUGH THE WEBSITE OR THE SERVICES.
THE WEBSITE AND SERVICES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Bama Marketing Group HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE OR THE SERVICE.
Bama Marketing Group makes no representations concerning any content contained in or accessed through the Website, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or Services. Bama Marketing Group makes no representations or warranties regarding the accuracy of size, quality, colors, textures, prices, availability of merchandise or validity of coupon codes displayed on or accessed through the Website or Services such as on Third Party Websites, or regarding suggestions or recommendations of services or products offered or purchased.
Registration and Security. As a condition of using the Website, you may be required: to register or create a profile and select a password and user name, which user name may be your email address (“User ID”); in the event you register through a social networking site, have a valid account on the social network through which you connect to the Service; or, in the event you register for your mobile device, have an account with the application provider for your mobile device. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in our sole discretion. You shall be responsible for maintaining the confidentiality of your password.
Indemnity. You will indemnify and hold Bama Marketing Group, its parents, subsidiaries, affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand arising out of or related to any products or services purchased by you in connection with the Website or any Services or your access to the Website, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.
Limitation of Liability. IN NO EVENT SHALL Bama Marketing Group OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,PARTNERS, DISTRIBUTORS OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $1; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
Fees and Payment. Bama Marketing Group reserves the right to require payment of fees for certain Services, such as premium services. Bama Marketing Group will provide notice in the event of any such fees. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
Termination. This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by following the instructions on the Website. We may terminate your access to the website and or any feature or service thereof or your subscription at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your subscription. We may also terminate or suspend any and all services and access to the website immediately, without prior notice or liability, if you breach any of the terms or conditions of this agreement. Any fees paid here under are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Trademarks. Bama Marketing Group is a proprietary service mark and trademark of Bama Marketing Group
All other trademarks displayed on Bama Marketing Group’s web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Bama Marketing Group and these companies.
Dispute Resolution, Governing Law and Waiver of Class Actions.
Binding Arbitration.For any dispute you have with Bama Marketing Group, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event we are unable to resolve any such dispute, claim or controversy after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses to the substantively prevailing party, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. Further, for any claim (excluding claims for injunctive or other equitable relief) the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The arbitrator and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final.
YOU AGREE THAT IN NO CASE SHALL YOU SEEK ANY MONETARY AWARDS CONNECTED WITH ANY ARBITRATION THAT EXCEEDS $1 USD.
WAIVER OF CLASS ACTIONS.ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Bama Marketing Group ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Jurisdiction.For any actions for which either party retains the right to seek injunctive or other equitable relief as set forth in the Arbitration provision above, or in the unlikely event such arbitration provision is not enforced, we each agree to exclusive personal jurisdiction of a state court located in Alabama.
Miscellaneous. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Bama Marketing Group shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. Bama Marketing Group may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Bama Marketing Group in any respect whatsoever.
Again, by accessing or using the Services, whether you register or not, you acknowledge that that you have read and agree to comply with and be bound by these Terms. If you do not agree, you should exit the website and not use any of our Services or provide any information.
Questions. If you have any questions or notices of violation of this Agreement, please contact us via any contact us link on our website.