TERMS AND CONDITIONS OF USE

 

We have taken every effort to design our Web site to be
useful, informative, helpful, honest and fun.  Hopefully
we’ve accomplished that — and would ask that you let us
know if you’d like to see improvements or changes that
would make it even easier for you to find the information
you need and want.

All we ask is that you agree to abide by the following
Terms and Conditions. Take a few minutes to look them over
because by using our site you automatically agree to them.
Naturally, if you don’t agree, please do not use the site.
We reserve the right to make any modifications that we deem
necessary at any time. Please continue to check these terms
to see what those changes may be! Your continued use of the
Dan Beal.com Web site means that you accept those changes.

THANKS AGAIN FOR VISITING!

Restrictions on Use of Our Online Materials

All Online Materials on the Dan Beal.com site, including,
without limitation, text, software, names, logos,
trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are
owned and controlled by Dan Beal.com. You, the visitor, may
download Online Materials for non-commercial, personal use
only provided you 1) retain all copyright, trademark and
propriety notices, 2) you make no modifications to the
materials, 3) you do not use the materials in a manner that
suggests an association with any of our products, services,
events or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer for
reuse for commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute
Online Materials in any way or for any other purpose unless
you get our written permission first. Neither may you add,
delete, distort or misrepresent any content on the Dan
Beal.com site. Any attempts to modify any Online Material,
or to defeat or circumvent our security features is
prohibited.

Everything you download, any software, plus all files, all
images incorporated in or generated by the software, and
all data accompanying it, is considered licensed to you by
Dan Beal.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of
the software to you. That means that we retain full and
complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that
people can use.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or
other information that you send to Dan Beal.com through our
site (other than information we promise to protect under
our privacy policy becomes and remains our property, even
if this agreement is later terminated.

That means that we don’t have to treat any such submission
as confidential. You can’t sue us for using ideas you
submit. If we use them, or anything like them, we don’t
have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to
submissions of any kind. We can use them for any purpose we
deem appropriate to our Dan Beal.com mission, without
compensating you or anyone else for them.

You acknowledge that you are responsible for any submission
you make. This means that you (and not we) have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.

Limitation of Liability

Dan Beal.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY
THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY:

    * USE OF (OR INABILITY TO USE) THE SITE     * USE OF
(OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM
OUR SITE     * FAILURE OF OUR SITE TO PERFORM IN THE MANNER
YOU EXPECTED OR DESIRED     * ERROR ON OUR SITE     *
OMISSION ON OUR SITE     * INTERRUPTION OF AVAILABILITY OF
OUR SITE     * DEFECT ON OUR SITE     * DELAY IN OPERATION
OR TRANSMISSION OF OUR SITE     * COMPUTER VIRUS OR LINE
FAILURE     * PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY
DAMAGES, INCLUDING:           o DAMAGES INTENDED TO
COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY         
o DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.") 
        o OTHER MISCELLANEOUS DAMAGES AND EXPENSES
RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL
TERMS AS "INCIDENTIAL DAMAGES.")

WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR
EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE
LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT
YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND
(WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A
CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER
WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL
THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.

Links to Other Site

We sometimes provide referrals to and links to other World
Wide Web sites from our site. Such a link should not be
seen as an endorsement, approval or agreement with any
information or resources offered at sites you can access
through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser
to see if you are still in a Dan Beal.com-operated site or
have moved to another site. Dan Beal.com is not responsible
for the content or practices of third party sites that may
be linked to our site. When Dan Beal.com provides links or
references to other Web sites, no inference or assumption
should be made and no representation should be inferred
that Dan Beal.com is connected with, operates or controls
these Web sites. Any approved link must not represent in
any way, either explicitly or by implication, that you have
received the endorsement, sponsorship or support of any Dan
Beal.com site or endorsement, sponsorship or support of Dan
Beal.com, including its respective employees, agents or
directors.

Termination of This Agreement

This agreement is effective until terminated by either
party. You may terminate this agreement at any time, by
destroying all materials obtained from all Dan Beal.com Web
site, along with all related documentation and all copies
and installations. Dan Beal.com may terminate this
agreement at any time and without notice to you, if, in its
sole judgment, you breach any term or condition of this
agreement. Upon termination, you must destroy all
materials. In addition, by providing material on our Web
site, we do not in any way promise that the materials will
remain available to you. And Dan Beal.com is entitled to
terminate all or any part of any of its Web site without
notice to you.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of the United
States, you are responsible for compliance with any
applicable local laws.

These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the Tennessee, as
it is applied to agreements entered into and to be
performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened
to violate Dan Beal.com and/or its affiliates' intellectual
property rights, Dan Beal.com and/or its affiliates may
seek injunctive or other appropriate relief in any state or
federal court in the State of Tennessee, and you consent to
exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Carrol. Any costs and
fees other than attorney fees associated with the mediation
will be shared equally by each of us.

If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following
location: Mckenzie, Tn., under the rules of the American
Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with
jurisdiction to do so.

Dan Beal.com may modify these Terms of Use, and the
agreement they create, at any time, simply by updating this
posting and without notice to you. This is the ENTIRE
agreement regarding all the matters that have been
discussed.

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