Terms of Use

 

Please read these terms of use carefully before using this website. By accessing or using any page of this website, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not access or use any page of this website. BadEcho.com reserves the right, at my discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website following the posting of changes to these terms will mean you accept those changes.

Ownership of Content
This website is owned  and operated by Matt Weber. References to “BadEcho.com” may be construed as references to Matt Weber.

Unless otherwise noted, all materials, including, but not limited to, articles, images, designs, video clips, and audio clips that are part of this website (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Matt Weber. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through this website. No copying or distribution of material on this website for any commercial or business use is permitted without prior written consent. Subject to this paragraph, all rights in material on this website are reserved to Matt Weber unless otherwise noted.

Prohibited Use of Content
Unless an agreement has been made in writing to the contrary you agree that you will not use this website, and/or any of the Content:

  • to promote or encourage the sale of your goods/services or those of any third party;
  • to solicit other guests of users of this website to join or become members of any commercial online or offline service or other organization;
  • to disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  • to place links on this website where those links take users to unlawful material or material that contravenes these terms of use;
  • to disseminate any material which is or may infringe the rights (including intellectual property rights) or any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;

Usage by Children Under 13

This website is directed to adults and is not directed to children under the age of 13. BadEcho.com cannot prohibit minors from visiting this website so BadEcho.com relies on parents, guardians, and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

Indemnification

You agree to indemnify, defend, and hold BadEcho.com harmless from any liability, loss, claim, and expese, including reasonable attorney fees, related to your violation or alleged violation of these terms of use or your use of this website.

Disclaimer

THE CONTENT IN THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BADECHO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BADECHO.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILST BADECHO.COM ENDEAVOURS TO ENSURE THAT THE WEB SITE IS NORMALLY AVAILABLE 24 HOURS A DAY, IT SHALL NOT BE LIABLE IF FOR ANY REASON THE WEB SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ACCESS TO THIS WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR ANY OTHER REASONABLE CAUSE. BADECHO.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BADECHO.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BADECHO.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF BADECHO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BADECHO.COM ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Not Professional Advice

 The Content contained on this website has been prepared by Matt Weber as a service to its readers and the Internet community. It is provided only for general information and is not intended to address your particular requirements or to constitute any form of advice or recommendation (including legal advice or advice regarding software development and design and other technical issues). BadEcho.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained on or linked to this website. Matt Weber is not responsible for any damages incurred or loss of livelihood if any portion of the Content is treated as professional advice and acted upon.

Linking

You may link to any page of this website subject to the following conditions:

  • you do not replicate the home page of this website;
  • you do not create a frame or any other browser or border environment around this website;
  • you do not use any logos displayed on this website without the expression permission of BadEcho.com;
  • the linking web site does not contain content that infringed any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

The terms shall be governed by and construed in accordance with the laws of Minnesota. You agree that any action at law or inequity arising out of or relating to these terms shall be filed only in the federal or state courts located in Hennepin County, Minnesota and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

© 2012-2013 Matt Weber. All Rights Reserved. Terms of Use.