Terms of ServiceREAD THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. Continued use of the information, services and products offered at the Boardwalk Complex Downtown. (hereafter "Boardwalk") web site is expressly conditioned upon acceptance of these terms and conditions. This agreement represents the entire agreement between you and Boardwalk and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revision of this page or in writing signed by an authorized agent of Boardwalk, which reserves sole discretion in revising these terms and conditions from time to time by updating this page. Boardwalk grants users a non-exclusive, non-transferable, limited right to access, use and display the contents of this web site. In exchange, you agree that Boardwalk has only limited liability for damages you may incur as a result of visiting the Boardwalk web site. 1. Limitation of Liability For Products or Services of Others 2. Limitation of Liability for Actions of Others 3. Limitation of Liability for Site Itself THIS SERVICE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. All users agree that access and use of the Boardwalk web site and the content thereof is at their own risk and that users will be solely responsible for information transmitted, whether by email or this web site. Neither Boardwalk nor any other party involved in providing this web site to the Internet community shall be liable for any direct, incidental, consequential, indirect or punitive damages or damages of any kind arising out of anyone's access, use or inability to use the Boardwalk web site, or any errors or omissions in the content found therein. In states that do not allow the exclusion or limitation of incidental or consequential damages, Boardwalk' total liability to any one user for all damages, losses, or causes of action shall not exceed $100.00. Users agree to indemnify and hold harmless Boardwalk, its owners and agents from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you, including, without limitation, attorneys' fees and costs. Boardwalk is not responsible for any damages, including damages that result from, but are not limited to, negligence. In the event any portion of this agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. By submitting information, you grant Boardwalk a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You agree that any unsolicited communication or material transmitted to Boardwalk via this web site or Internet email is not confidential and that your unsolicited communications may be read or intercepted by others. Unsolicited communication or material sent to Boardwalk, its owners or agents may be used in any manner it sees fit, whether posting, publication, reproduction, broadcast or submission to proper legal authorities. |