TERMS
OF USE
Hello and welcome to bytheroadandmore.com. (referred to as "By The
Road And More," "we," "us," or "our").
Please read the following terms and conditions of use you must follow
if you choose to use this site. By using this site, you acknowledge that
you have read, understood and agree to be bound by these terms and to
comply with all applicable laws and regulations, including United States
and international Copyright and Trademark laws. This acceptance also includes
the terms, conditions, and restrictions contained in any other agreement
associated with the Content throughout our site. We reserve the right
to change, modify, add or remove portions of this agreement, site content,
and the accessibility of this site at any time and for any reason without
prior notice. Please check these terms periodically for any changes which
may take place. You agree that each time you visit this site, you shall
be subject to and bound by the current terms of this agreement. Unless
otherwise specified this site is managed, controlled, and operated from
the office and studio of By The Road And More within the State of Texas,
in the United States of America. By The Road And More makes no representations
that materials in this site are appropriate or available for use in other
locations. Those who choose to access this site from other locations do
so on their own initiative and at their own risk and are responsible for
compliance with local and national laws, if and to the extent local and
national laws are applicable.
OWNERSHIP
By The Road And More is the sole owner and operator of this site. All
photographs, illustrations, images, text, and software (referred to as
"Content") on this site are the property of By The Road And
More. All Content on this site is copyrighted as a collective work and/or
compilation pursuant to applicable copyright laws, and is protected by
law in the United States and internationally, including worldwide copyright
laws. No photography, art, or product may be copied, modified, reproduced,
republished, uploaded, posted, transmitted, distributed, transferred,
sold, or displayed in any manner or form, in whole or part, except as
explicitly provided below. Modification of the above mentioned or use
of them for any purpose other than those purposes explicitly permitted
below is a violation of the copyright and/or other proprietary rights
of By The Road And More.
By The Road And More has provided an "e-card" for our customers,
with the following provisions. You may use the e-card for personal, noncommercial
use only. When using one of our e-cards you must comply with any applicable
laws and regulations. E-cards may not be used to send chain letters, commercial
solicitation, any form of "spam," or for any other mass mailing.
You are solely responsible for the content of any messages you send in
an e-card. E-cards may not be used to send messages that are illegal,
obscene, threatening, abusive, invasive of privacy or publicity rights,
profane, defamatory, or that infringe upon or violate the rights of any
third party. The indemnity provisions set forth below apply to your use
of our e-card, and any person or entity using the e-card shall indemnify
and hold harmless By The Road And More from any claims arising from or
relating to the use of an e-card.
Except for these limited uses, the reproduction, distribution, printing
of any photograph, art piece, or product on any tangible medium, or the
exploitation of Content from this site is prohibited. You may not include
the Content in any other publication or product on any other site, including
personal sites, or on any networked computer environment. Pornographic,
defamatory, or other unlawful use of the Content is prohibited. For the
protection of By The Road And More, images may be watermarked and/or digitally
watermarked. This site, all text, and all graphic content, is Copyrighted
© 2002 for By The Road And More, with all right reserved. You may
not use the trademarks of By The Road And More and Kheysi without written
permission.
LINKING
You may use the logo of By The Road And More as the prompt for "hot"
links from other sites to this site, provided that any such hot link explicitly
is conditioned on the user's understanding and agreement that entry into
this site, in every instance, is subject to all the terms and conditions
of this agreement. All linking to this site must in every instance be
directed to the home page of this site. In no instance is linking permitted
directly to locations embedded within the site. By The Road And More reserves
the right to revoke this limited license to use our logo for purposes
of hot linking to this site and may revoke any authority to link to this
site at any time and under any conditions deemed appropriate by us, in
its sole discretion. In the event of such revocation, the linking party
shall remove the hypertext link to the website within five (5) days of
such revocation. Any such revocation shall be effective upon notification
from By The Road And More. The indemnity provisions set forth below applies
to any linked site, and any person or entity linking to this site shall
indemnify and hold harmless By The Road And More from any claim arising
from or relating to the linked site.
DISCLAIMER
This site contains links to other sites on the Internet which are not
maintained by By The Road And More. These sites are provided as a courtesy
to users of our site. While we try to include links only to those sites
which are in good taste and safe for our visitors, we are not responsible
for the content or accuracy of those sites and cannot guarantee that sites
will not change without our knowledge. The inclusion of a link in this
site does not imply our endorsement of the linked site. If you decide
to access linked third-party sites, you do so at your own risk, and are
responsible for being familiar with and reviewing the terms of use for
any linked site. By The Road And More disclaims and forever waives any
and all responsibility for the contents of any site hot linked to this
site, and assumes no responsibility, and shall not be liable for any damages
to, or viruses that may infect, your computer equipment or other property
on account of your access to, use of, or browsing in this site or any
linked site or any downloading of a linked site.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. BY THE ROAD AND MORE WILL
MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE, UP-TO-DATE INFORMATION ON
THIS SITE. HOWEVER, THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE
PROVIDED "AS IS" AND "WITH ALL FAULTS". BY THE ROAD
AND MORE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF
PRIVACY OR NON-INFRINGEMENT. BY THE ROAD AND MORE DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY THE ROAD
AND MORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULT OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BY THE
ROAD AND MORE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. This disclaimer of liability applies to any damages or
injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
act of God, communication line failure, theft or destruction, or unauthorized
access to, alteration of, or use of record, whether for breach of contract,
tortuous behavior, negligence, or under any other cause of action. You
specifically acknowledge that By The Road And More is not liable for your
defamatory, offensive, infringing or illegal material or conduct that
of third parties, and By The Road And More reserves the right to remove
such material from this website without liability.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL
BY THE ROAD AND MORE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ANY OTHER
HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFIT, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA EVEN IF WE ARE EXPRESSLY
ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU. IN THIS EVENT THE LIABILITY OF BY THE ROAD AND MORE SHALL BE LIMITED
TO THE MAXIMUM EXTENT ALLOWED BY LAW. IN NO EVENT WILL OUR TOTAL LIABILITY
TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTACT,
TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
SUBMISSIONS
By The Road And More does not accept unsolicited submissions of creative
ideas, suggestions, inventions, or materials other than those which we
have specifically requested. Because of this, any creative suggestions,
ideas, concepts, or other information we receive will become the property
of By The Road And More. Any of the afore mentioned will not be subject
to any obligation of confidence on the part of By The Road And More, and
we will not be liable for any use or disclosure of any information. We
will own exclusively all now known or later discovered rights to the information
and will be entitled to unrestricted use of the information for any purpose,
commercial or otherwise, without compensation to you or any other person
who submitted the information.
TERMINATION
By The Road And More may terminate this license at any time if, in our
sole discretion and judgment, you fail to comply with any term or provision
of this agreement. Upon termination, you shall destroy any materials obtained
from this site and all copies thereof, whether made under the terms of
this agreement or otherwise.
CONTRACT
INTERPRETATION
This agreement shall be governed by and construed in accordance with the
laws of the State of Texas, irrespective of any applicable conflicts of
law principles. If any provision of this agreement is ruled to be unlawful,
void, or otherwise unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between you
and By The Road And More relating to the subject of this site. You agree
that no joint venture, partnership, employment or agency relationship
exists between you and By The Road And More as a result of this agreement
or use of this site.
INDEMNITY
You agree to defend, indemnify, and hold harmless By The Road And More,
its officers, directors, employees, and agents from and against any claims,
actions, or demands, including without limitation reasonable legal and
accounting fee, arising from your use of the materials on this site, including
any use of the e-card, or your breach of the terms of this agreement.
By The Road And More shall provide notice to you of any such claim, suit,
or proceeding and shall assist you, at your expense and in By The Road
And Mores' discretion, in defending any such claim, suit, or proceeding.
DISPUTE RESOLUTION
You are bound by this agreement when you access our site and until you
have destroyed all Content that you have downloaded or copied from our
site, you are, in addition, bound by this agreement whether you downloaded
or copied the Content under the terms of this agreement or otherwise.
Any dispute arising with respect to this agreement shall be resolved by
negotiation between the parties or, if necessary, by resort to an appropriate
federal or state court located in Lubbock County in the state of Texas.
You expressly waive any right to pursue any claim against By The Road
And More relating to this agreement in any forum or venue located outside
Texas. In the event of the filing of any such claim, you stipulate to
the transfer of the filing to any appropriate or available forum or court
in Texas, at By The Road And Mores' sole discretion. In no event shall
you be entitled to injunctive or other equitable relief. Use of this site
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including, without limitation, this paragraph.
