Last Updated: Effective Date: May 1, 2018
Use of Company Content and Intellectual Property
This Site contains material, including images, video, layout, look, appearance, trademarks, written materials, third-party information, software, source and/or object code, data, music, sounds, information and other Company content (collectively “Content”), which is derived in whole or in part from material supplied by Company and other sources, and is protected by international copyright, trademark, patent, privacy, publicity, communications, and other laws, rules and regulations. Unauthorized use of the Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Content on any authorized copy you make of the Content.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content (unless submitted by you) without Company’s prior permission. You may print or download one copy only of Content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
The following trademarks and service marks are owned by Company: Torah Bontrager, Amish Fine Dining, Amish Origins, Amish Nation, the Amish Entrepreneur Show, The 12-Minute Writing Process, and Leverage Your Story.
Graphics, logos, and Content created by Company are the property of Company and may not be used without prior written permission.
You may use the Site and the Content offered on the Site only for personal, non-commercial purposes. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data-mining software, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without prior written consent from Company. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Information Available on the Site
Company does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that you draw from the information presented here are your own and are not to be attributed to Company. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In the event that you are provided with user identification names, numbers or codes, and/or passwords (“Access Credentials”) in connection with your use of this Site, you shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify Company if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. Company may terminate your access to, and your use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.
Links to Third-party Site
Content Posted on the Site by Third-party Content and Advertising Partners
Some of the Content posted on the Site may be posted by third-party content and advertising partners (“Third-party Content”) with whom we have relationships (“Content Providers”). You hereby acknowledge that (i) Company is not responsible and disclaims any and all liability for any aspect of such Third-party Content, (ii) the Content Provider posting such Third-party Content on the Site is solely and exclusively responsible for such Third-party Content, (iii) Company makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) Company cannot and does not guarantee that Third-party Content complies with these Terms.
Disclaimer of Warranties
THE CONTENT AVAILABLE ON THIS SITE AND THE THIRD-PARTY SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Company, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES. Company MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TO THE FULLEST EXTENT POSSIBLE BY LAW, Company DOES NOT WARRANT THAT THE SITE OR ANY Company SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, Company IS NOT RESPONSIBLE FOR THOSE COSTS. YOU (AND NOT Company) ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE THE SITE.
THE CONTENTS OF THIS SITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING THERAPY, MEDICAL ADVICE, OR PROFESSIONAL SERVICES OF ANY KIND. ANY ACTION OR DECISION THAT YOU MAKE REGARDING THIS INFORMATION IS ENTIRELY YOUR OWN RESPONSIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK.
Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Company IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL Company, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES AND ITS EMPLOYEES BE LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL Company, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
You agree to defend, indemnify, and hold harmless Company and its owners, principals, affiliates, subsidiaries, licensors and licensees, and their and Company’s directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys’ and expert fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third-party right, including without limitation any third party’s patent, copyright, trademark, privacy/publicity, or other proprietary rights; and/or (iv) any claim that any Content posted by you caused damage to a third party. Company will give you notice in the event of an indemnifiable event. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.
These Terms will remain in full force and effect while you are a user of the Site and may be terminated by Company at any time with or without notice. Additionally, in the event that you violate these Terms, these Terms shall be deemed to be automatically terminated. In the event of termination, you are no longer authorized to use or access the Site. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.
This Site is managed in the State of New York, United States of America. Company makes no representation that Content of, or any services or products available through, the Site are appropriate or available for use in locations outside the United States. Accessing the Site from territories where the Site’s Content is illegal is expressly prohibited. If you view the Site and/or access the services from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.
Deactivation of the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part or portion thereof. Nothing in these Terms shall be construed to obligate Company to maintain and support the Site, or any part or portion thereof, during the term of these Terms.
You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in New York or New York County, New York, for all disputes, cases, and controversies regarding this Site, your use of this Site, and your relationship with Company.
Limitation on Claims
YOU AND Company AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. TO THE FULLEST EXTENT POSSIBLE BY LAW, Company’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement and Severability
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Company with respect to your use of the Site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms. You must be 18 years or older or the age of majority in your jurisdiction to visit or use our Site in any manner.
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Company without restriction.
If you have any questions regarding these Terms, you may write to Company by email at: info [at] torahbontrager.com.