These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) shall govern your use of this Website, including all pages within this Website. These Terms apply in full force and effect to your use of this Website and by using this Website you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have an objection to any of these Website Standard Terms And Conditions.
You are prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, Ball/Frost Group and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You are expressly restricted from all of the following without the express written consent of the owners of this Website:
- publishing any Website material including downloads in any media;
- selling, sublicensing or otherwise commercializing any Website material;
- publicly performing or publicly showing any Website material other than through a link;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to any applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it you grant Ball/Frost Group a non-exclusive, worldwide, irrevocable, royalty-free and sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Ball/Frost Group does not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post to the Website will be considered non-confidential. Ball/Frost reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
This Website is provided “as is,” with all faults, and Ball/Frost Group makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website. BALL/FROST GROUP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.
Limitation of Liability
In no event shall Ball/Frost Group, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Ball/Frost Group, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify Ball/Frost Group to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your use of the Website or breach of any of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Ball/Frost Group is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Website. If you are dissatisfied with the Website, the content, or any of these Terms, your sole legal remedy is to discontinue using the Website. Ball/Frost Group reserves the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that you are in violation of these Terms.
Ball/Frost Group shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Ball/Frost Group and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Sacramento, California for the resolution of any disputes.
By using our Website you consent to the Website Standard Terms and Conditions set forth above.