TERMS AND CONDITIONS OF USE:
These Terms and Conditions apply to the website (located at the URL www.betyourboots.com)
and all other web pages interconnected with such website including, without limitation, the
home page, splash page, and all other pages under the same top level domain name, and all
content thereon (collectively, the “Site”).
This Site is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of this Site constitutes your agreement to all
such terms, conditions, and notices. If you do not agree to these terms and conditions, do not
use this Site or download any materials from this Site. BetYourBoots.com reserves the right to
change, modify or amend these Terms and Conditions from time to time and at any time without
notice to you, by posting such changes on the Site. You are responsible for regularly reviewing
these Terms and Conditions and additional terms posted on this Site. Your continued use of
this Site constitutes your agreement to all such terms, conditions, and notices.
Privacy
See the Privacy Policy for disclosures relating to the collection and use of your personally
identifiable and non-personally identifiable information. You acknowledge and agree that you
are solely responsible for the accuracy and content of any and all information you submit when
using this Site.
Site Offerings
BetYourBoots.com may make certain services available to visitors of the Site. For example, you
may be able to chat with other visitors, post comments on a bulletin board, enter a
sweepstakes, download a screensaver or other software or send branded post cards or party
invitations to friends (these services are collectively referred to herein with the Site as the "Site
Offerings"). Visitors are solely responsible for the user information and other content they post
on and through the Site. Users should be aware that when they voluntarily disclose personal
information (e.g., user name, e-mail address, phone number) on or through the public portions
of the Site (e.g., chat, bulletin boards, post cards, invitations), that such information is generally
accessible to and may be collected and used by others and may result in unsolicited
messages from other people. Accordingly, visitors to and users of the Site are encouraged to
exercise caution when providing personal information about themselves. We reserve the right,
for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect
of the Site, including, but not limited to, content, features or hours of availability. We may also
impose limits on certain features of the Site or restrict your access to part or all of the Site
without notice or penalty.
Ownership of Materials
Except as otherwise indicated, this Site and its entire contents (collectively, the "Materials"),
including, but not limited to, the text, information, material, software and graphics contained on
this Site, are owned by BetYourBoots.com and its affiliates. The Materials are protected by
copyright, trademark and other intellectual property laws and treaties. BetYourBoots.com makes
no proprietary claim to any third party names, trademarks or service marks appearing on this
web site. Any third party names, trademarks, and service marks are the properties of their
respective owners. Except as provided in the next sentence, the Materials may not be copied,
reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in
any way, without BetYourBoots.com's prior written permission. You may download one (1) copy
of the Materials on a single computer only for your personal, non-commercial, internal use. You
may not (i) modify the Materials or use them for any commercial purpose, or any other public
display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software
materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv)
transfer the materials to another person. By posting a message or contributing in any way to this
web site, including, but not limited to, sending comments and e-mail, to this web site, you
expressly grant BetYourBoots.com the right to use in any way, copy, republish or sell your
message or other contribution as part of its property. BetYourBoots.com reserves the right to
change, update, discontinue, or restrict or prevent access to this web site or the Materials at any
time without notice.
Submissions
Unless specifically requested, BetYourBoots.com does not solicit nor does it wish to receive
any confidential, secret or proprietary information or other material from you through the Site, any
of its services, by e-mail, or in any other way. Any information or material submitted or sent to
BetYourBoots.com will be deemed not to be confidential or secret. By submitting or sending
information or other material to BetYourBoots.com you represent and warrant that the
information is original to you and that no other party has any rights to the material. You also
agree and acknowledge that any ideas, concepts, methods, systems, designs, plans,
techniques or other similar materials that you submit or otherwise communicate to the Site, (i)
will forever be the exclusive property of BetYourBoots.com, (ii) may be used by us in any manner
whatsoever, and (iii) that BetYourBoots.com is not required to provide any compensation or
acknowledgement of any such submission. You agree and acknowledge that by using this Site,
any and all communications and/or information transmitted by you to or through the Site will not
be treated as confidential or proprietary.
User Conduct
You warrant and agree that, while using the Site, you shall not upload, post or transmit to or
distribute or otherwise publish through the Site any materials that: (a) are protected by copyright,
or other proprietary or intellectual property right, or derivative works with respect thereto, except
as provided herein or without first obtaining permission from us or the copyright owner; (b) are
unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous,
deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening nature directed at
another individual or group of individuals), invasive of another's privacy, or hateful, (c) restrict or
inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that
would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other
harmful component, advertising of any kind, or false or misleading indications of origin or
statements of fact. You also warrant and agree that you shall not: (a) impersonate, or
misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit,
reproduce, distribute or in any way exploit any information or other material obtained through the
Site for commercial purposes (other than as expressly permitted by the provider of such
information or other material); (c) engage in spamming or flooding; or (d) attempt to gain
unauthorized access to other computer systems through the Site.
No Monitoring
We have no obligation to monitor any content on or through the Site and we assume no
obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site
and to disclose any information as necessary or appropriate to satisfy any law, regulation or
other governmental request, to operate the Site properly, or to protect ourselves or our users.
We will not intentionally monitor or disclose any private electronic-mail message unless
required by law. We reserve the right to refuse to post or to remove any information or materials,
in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or
in violation of these Terms and Conditions.
Indemnity
You agree to defend, indemnify and hold BetYourBoots.com, its directors, officers, employees,
agents and affiliates harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from your use of the Site or the
placement or transmission of any message, information, software or other materials through
the Site by you.
Termination of Access
BETYOURBOOTS.COM RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR
ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR
WITHOUT NOTICE.
Disclaimer Of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE,
SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS IS PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR
UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. BETYOURBOOTS.COM DOES NOT WARRANT THAT THE SITE OR THE
FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, THAT THE CONTENT WILL BE CORRECT, ACCURATE
OR RELIABLE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE
CORRECTED. BETYOURBOOTS.COM MAKES NO WARRANTY THAT THE SITE WILL MEET
USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM BETYOURBOOTS.COM OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH
THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation Of Liability
BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR
OWN RISK AND THAT IN NO EVENT SHALL BETYOURBOOTS.COM OR ANY OF ITS
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE
PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE
CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL
TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST
SALES, EVEN IF BETYOURBOOTS.COM OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF BETYOURBOOTS.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT
SHALL BETYOURBOOTS.COM BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT
POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR
OTHER PERSON ON OR THROUGH THE SITE.
Links to Third Party Sites
This web site contains links to third party sites. These links are provided for convenience
purposes and are not under the control of BetYourBoots.com or its affiliates. BetYourBoots.com
does not make any representations and warranties, express or implied, regarding the content of
any of these linked sites. These links do not constitute or imply an endorsement, authorization,
sponsorship or affiliation by BetYourBoots.com with respect to any third party, any third party's
web site, the content of any third party's web site, or any products or services provided by a third
party.
Other Countries
We control and operate this Site from our offices in the United States of America. We do not
represent that materials on the Site are appropriate or available for use in other locations.
Persons who choose to access this Site from other locations do so on their own initiative, and
are responsible for compliance with local laws, if and to the extent local laws are applicable.
BetYourBoots.com makes no claims that the content of this Site is appropriate outside of the
United States. If you access this Site outside the United States, you do so at your own risk and
are responsible for compliance with the laws of the country or other territory in which you are
located.
Governing Law and Jurisdiction
These terms and conditions of use shall be governed by and construed in accordance with the
laws of the United States of America and the State of Ohio, without giving effect to any choice of
law or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that
would cause the application of the laws of any jurisdiction other than the United States or the
State of Ohio. Contact admin@BetYourBoots.com.com with questions or concerns.