Terms of Use

INTRODUCTION
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (THE “Terms”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND GOVERN YOUR USE OF https://www.tombarrow.com (THE “Web Site”). This Web Site is owned and operated by Tom Barrow Co (“Tom Barrow Co,” “we,” “our,” or “us”). You agree to these Terms by accessing this Web Site, registering for services offered on the Web Site, or by accepting, uploading, downloading or submitting information or content to or from the Web Site. IF YOU DISAGREE WITH ANY OF THESE TERMS OR DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

PURPOSE OF THIS WEB SITE
This Web Site is purely a public resource of general information that is intended, but not guaranteed, to be correct and complete. This Web Site is not intended to be a source of solicitation or advice. Postings are not solicitations or advice and are for information purposes only. We may add, change, remove, suspend or discontinue any aspect of the Web Site at any time without notice to you. We may also impose limits on certain features and services or restrict access to parts of or all of the Web Site without notice to you or liability to us.

OWNERSHIP OF MATERIALS/LICENSE
This Web Site and all of its current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, digital video and audio clips, advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities and any all copyrightable material (including source and object code and mask-work rights), goodwill and any other form of intellectual property (collectively, the “Content”) are owned by or licensed to Tom Barrow Co or other authorized third parties and are protected as intellectual property or otherwise. Except as expressly set forth in these Terms, no rights (either by implication, estoppels or otherwise) are granted to you. You may not use the Content except as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You may download copies of bulletins and newsletters for personal use or for your internal business purposes related to the products/services offered on the Web Site. Tom Barrow Co may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability to us.

RESTRICTIONS ON USE
By accessing the Web Site, you agree and covenant not to:

upload or transmit viruses, bugs, worms, Trojan horses or other harmful, disruptive or destructive files;
transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
post material that is false, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, disparaging (including disparaging of Tom Barrow Co), vulgar, obscene, pornographic, ethnically or culturally offensive, indecent, profane, invasive of another’s privacy, or promotes violence, racial hatred, terrorism or illegal acts, is otherwise objectionable, adversely affects our business, or interferes with any third party’s uninterrupted use and enjoyment of the Web Site;
impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Tom Barrow Co, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
transmit or otherwise make available through the Web Site any personal advertising, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, offers for sale of any products or services or any other solicitation;
download Content for use in competing or assisting another person to compete in any manner with us;
download and store any graphic or image file on this Web Site, except to the extent that your browser may temporarily cache graphics or images through its standard features;
sell the Content downloaded (or copies in another form) for money, barter, exchange, or other consideration;
redistribute the Content for free to anyone (except to your bona fide employees who need the Content for internal business purposes related to the products/services offered on the Web Site);
make available information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of privacy or publicity or any other proprietary right;
stalk or harass any other user;
solicit or collect personal data such as name, title, occupation, business, homes address, business address, telephone number, fax number or e-mail address, about other users;
encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation;
make any more than one (1) print copy of the Content;
make any alterations, additions or other modifications to the Content; or
otherwise publish the Content for any purpose, including commercial gain.

All rights not expressly granted above are expressly reserved.

INFORMATION YOU SUBMIT
Except as otherwise described in the Web Site’s posted Privacy Policy, anything you submit to Tom Barrow Co through this Web Site or otherwise (whether solicited or unsolicited), including, without limitation, any data, questions, comments or suggestions, is and will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure. When you submit information to Tom Barrow Co via the Web Site, you irrevocably grant to Tom Barrow Co and its affiliates a non-exclusive, worldwide, royalty-free license containing, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packing, goodwill and other intellectual property and proprietary rights whatsoever in your submissions. You further agree that Tom Barrow Co and its affiliates will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of your submissions or portions of your submissions, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products using your submissions or portions of your submissions. You hereby waive any moral rights you may have in and to any of your submissions or portions of your submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Tom Barrow Co and its affiliates are not obligated to review the information you submit through the Web Site or otherwise, and may alternatively choose to discard your submissions or portions of your submissions without any liability whatsoever.

The Internet may be subject to breaches of security. You should be aware that submissions over the Internet may not be secure, and you should consider this before submitting any information to Tom Barrow Co. All information you transmit to Tom Barrow Co via the Web Site is at your own risk.

DISCLAIMERS/LIMITATIONS ON LIABILITY
THIS WEB SITE AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. Tom Barrow Co DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

Tom Barrow Co LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:

Tom Barrow Co IS NOT RESPONSIBLE FOR ANY DAMAGES TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPTUER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALUNCTION. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS WEB SITE AND/OR THE CONTENT.

EXCEPT WHERE PROHIBITED, YOU AGREE THAT Tom Barrow Co IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY Tom Barrow Co OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATING, EVEN IF Tom Barrow Co HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEB SITE MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOURU SOLE RISK. IN NO EVENT WILL Tom Barrow Co BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL Tom Barrow Co BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100). YOUR RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Tom Barrow Co’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEB SITE, PROPERTY OR PRODUCT/SERVICES OWNED OR CONTROLLED BY Tom Barrow Co, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT OR EXPLOITATION OF THE WEB SITE OR YOUR SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

INDEMNIFICATION
By using this Web Site you agree to indemnify, defend and hold Tom Barrow Co harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to: (i) your breach of your representations, warranties and covenants; (ii) your violation of these Terms or any law, rule or regulation; (iii) a claim that is based on our use of this Web Site and/or the Content; or (iv) any content uploaded by you or through your computer to the Web Site or otherwise sent by you to Tom Barrow Co. You will cooperate as fully and as reasonably required by Tom Barrow Co in the defense of any claim. Tom Barrow Co reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Tom Barrow Co.

THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide links to third-party web sites and other resources that could be of interest to our users. Your dealings or communications through the Web Site with any party other than Tom Barrow Co are solely between you and that third party. Third-party web sites may have different privacy policies, terms and conditions, and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such third-party web sites. If you decide to access and use third-party web sites, you understand, acknowledge, and agree that you do so at your own risk. YOU AGREE THAT Tom Barrow Co WILL NOT, UNDER ANY CIRCUMSTANCES, BE REPSONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, PRODUCTS, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD-PARTY WEB SITES. Please review carefully a third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Tom Barrow Co. Views and opinions of users of this Web Site do not necessarily state or reflect those of Tom Barrow Co. Tom Barrow Co is not responsible for the content or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Tom Barrow Co of any errors or inappropriate material found on the web sites to which this Web Site is or may be linked.

LINKING POLICY
If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with Tom Barrow Co or any other intellectual property of Tom Barrow Co, nor may the link create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated or associated with Tom Barrow Co. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Under no circumstances may you “frame” this Web Site or alter its intellectual property or Content in any way. Tom Barrow Co reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site or these Terms.

LOCATION/LAW
Tom Barrow Co operates the Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms shall be constructed and enforced in accordance with the laws of the State of Maryland, without regard to its conflicts of law principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. Any cause of action filed by you with respect to these Terms and/or your use of this Web Site must be filed in the State of Maryland. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the State of Maryland for any cause of action arising under these Terms or related to the Web Site.

COPYRIGHT
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide Tom Barrow Co with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C § 512: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

USER ACCOUNT
Registrations may be required to use certain portions of the Web Site (e.g., newsletters). In some instances, these Terms and separate end user license agreements or terms of use that set forth additional conditions may apply to service or product offered via the Web Site. To the extent there is a conflict between these Terms and the terms of any applicable end user license or similar agreement, these Terms will control. Registration data and certain other information about you are subject to Tom Barrow Co’s Privacy Policy posted on this Web Site. Please read this Privacy Policy for information regarding how your information will be handled.

If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account. You further agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your browser so that others may not access any password-protected portion of the Web Site using your name, username or password.

MISCELLANEOUS
You agree to comply with all rules, laws, and regulations that are applicable to your use of the Web Site, including, without limitation, all applicable laws, rules, and regulation governing your transmission or use of any software or data. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

You understand and agree that Tom Barrow Co will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. Tom Barrow Co’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Tom Barrow Co reserves the right, in its sole discretion, to modify or discontinue this Web Site, or any portion of this Web Site, without notice to you or any third party. Upon termination of your access to the Web Site, or upon demand by Tom Barrow Co, you must destroy all materials obtained from this Web Site and all related documentation.

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms. We will post any changes to these Terms on this Web Site. Your continued use of this Web Site after the posting of any change in the Terms will constitute your acceptance to be bound by any such changes.

The Effective Date of these Terms of Use is April 1, 2018.