1. ACCEPTANCE OF TERMS
Brian Tafoya dot Com Inc. (“Brian Tafoya dot Com”) welcomes you. Brian Tafoya dot Com provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.briantafoya.com/tech-service-llc/policies/terms-of-service/. In addition, when using particular Brian Tafoya dot Com owned or operated services, you and Brian Tafoya dot Com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
2. DESCRIPTION OF SERVICE
Brian Tafoya dot Com provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content, etc. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Brian Tafoya dot Com to provide the Service. You also understand and agree that the Service may include certain communications from Brian Tafoya dot Com, such as service announcements, administrative messages and the Brian Tafoya dot Com Newsletter, and that these communications are considered part of Brian Tafoya dot Com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service. You understand and agree that the Service is provided “AS-IS” and that Brian Tafoya dot Com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Registration Data and certain other information about you is not sold to any third party vendors and is only used in the management of your services..
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Brian Tafoya dot Com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Brian Tafoya dot Com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Brian Tafoya dot Com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that Brian Tafoya dot Com may or may not pre-screen Content, but that Brian Tafoya dot Com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Brian Tafoya dot Com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Brian Tafoya dot Com or submitted to Yahoo, including without limitation information in Brian Tafoya dot Com Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Brian Tafoya dot Com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Brian Tafoya dot Com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Brian Tafoya dot Com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Brian Tafoya dot Com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Brian Tafoya dot Com the following world-wide, royalty free and non-exclusive license(s), as applicable:
“Publicly accessible” areas of the Service are those areas of the Brian Tafoya dot Com network of properties that are intended by Brian Tafoya dot Com to be available to the general public. By way of example, publicly accessible areas of the Service would include Brian Tafoya dot Com Message Boards and portions of Brian Tafoya dot Com Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Brian Tafoya dot Com Groups that are limited to members, Brian Tafoya dot Com services intended for private communication such as Brian Tafoya dot Com Mail or Brian Tafoya dot Com Messenger, or areas off of the Brian Tafoya dot Com network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by Brian Tafoya dot Com.
You agree to indemnify and hold Brian Tafoya dot Com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Brian Tafoya dot Com I.D.), use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Brian Tafoya dot Com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Brian Tafoya dot Com’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Brian Tafoya dot Com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Brian Tafoya dot Com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Brian Tafoya dot Com reserves the right to modify these general practices and limits from time to time.
10. MODIFICATIONS TO SERVICE
Brian Tafoya dot Com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Brian Tafoya dot Com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Brian Tafoya dot Com may, under certain circumstances and without prior notice, immediately terminate your Brian Tafoya dot Com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Brian Tafoya dot Com account includes (a) removal of access to all offerings within the Service, including but not limited to Brian Tafoya dot Com Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Brian Tafoya dot Com’s sole discretion and that Brian Tafoya dot Com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Brian Tafoya dot Com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Brian Tafoya dot Com has no control over such sites and resources, you acknowledge and agree that Brian Tafoya dot Com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Brian Tafoya dot Com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. Brian Tafoya dot Com’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Brian Tafoya dot Com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Brian Tafoya dot Com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Brian Tafoya dot Com for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Brian Tafoya dot Com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Brian Tafoya dot Com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Brian Tafoya dot Com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Brian Tafoya dot Com respects the intellectual property of others, and we ask our users to do the same. Brian Tafoya dot Com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Brian Tafoya dot Com’s Copyright Agent the following information:
Brian Tafoya dot Com’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
22. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Brian Tafoya dot Com and governs your use of the Service, superseding any prior agreements between you and Brian Tafoya dot Com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Brian Tafoya dot Com services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Brian Tafoya dot Com shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Brian Tafoya dot Com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona.
Waiver and Severability of Terms. The failure of Brian Tafoya dot Com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Brian Tafoya dot Com account is non-transferable and any rights to your Brian Tafoya dot Com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care.