Terms & Conditions

 

Welcome to www.brentbettinger.com. Brent Bettinger Media, owner and operator of this website (“we,” “us,” “our,” or “Bettinger”) grants you access and use of this website (the “Services”), including all content and information contained thereon (the “Site”), subject to these terms and conditions of use (these “Terms of Use”). Please read carefully.

  1. Access of the Website and Use of the Services. Your access of the Site and use of the Services constitutes your agreement to be bound by these Terms of Use. If you are unable or unwilling to abide by these Terms of Use, please immediately discontinue access of the Site and use of the Services. We may revoke your access to the Site and use of the Services at any time for any or no reason, including, without limitation, your violation of these Terms of Use. In addition, We may change, suspend, or discontinue the Site and the Services at any time.
  2. Intellectual Property. Copyright, trademark, and other proprietary rights and laws protect the Site and its intellectual property. No part of our materials on the Site (collectively, the “Content”), including, but not limited to, photographs, logos, or text, may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission. Except as expressly provided, nothing contained in these Terms of Use shall be construed to confer on you or any third party any license or right, by implication or under any law, rule or regulation, including, without limitation, those related to copyright, trademark, or other intellectual property rights.
  3. Consent to receive email.  If you register for our newsletter, you consent to receive notices, periodic newsletters, and other types of email communications from us, including, without limitation, new product offers and customer service issues. You may choose to opt-out of certain newsletter and announcement email correspondence. Our Privacy Policy governs our use of your information provided for purposes of the newsletter.
  4. Prohibited Uses. You are solely responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, illegal, or otherwise inappropriate activities are grounds for termination of your right to Services and to access the Site.  Without limitation to other prohibited uses specified herein, you are prohibited from using the Site or the Services for the following purposes:
  5. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
  6. attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  7. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” “DDOSing”, or “crashing;”
  8. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by us in providing the Site or the Services. Any violation of system or network security may subject you to significant civil and/or criminal liability;
  9. scraping, crawling, or using any other automated device or manual process to harvest data from the Site; and
  10. using information obtained from the Site to solicit our clients in addition to other users or contributors to the Site.
  11. Third Party Content and Links. The Site may contain links to third party websites and service providers (e.g., Instagram, Facebook, etc.), which have separate and independent content and terms of use. Third party websites and providers are not under our control. We are not responsible for and assume no liability for any statements, representations, or any other form of information contained in third party content appearing on or made available through the Site, the Services, or both.  Inclusion of a third party content on the Site is not an endorsement thereof.  We will not be liable, under any circumstances, for the illegality, inaccuracy, or error in any and all third party content and your use of third party websites. Access these sites and providers at your own risk.
  12. Privacy. Use of our the and the Services is subject to the privacy policy located at www.brentbettinger.com/privacy-policy (the “Privacy Policy”).
  13. Indemnification. You agree to indemnify, defend, and hold harmless us, our principals, agents, employees, and assigns for any losses, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) relating to or arising from any third party claim that (a) your use or inability to use the Site or the Services, (b) any use of the Site or the Services by you, (c) your violation of these Terms of Use or the Privacy Policy, or (d) your violation of applicable international, federal, state, and local laws, rules, and regulations. We reserve the right to assume exclusive defense of any such matters otherwise subject to indemnification by you, in which event you shall fully cooperate with us in asserting any defenses.
  14. Disclaimer.  THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTAILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND THE SERVICES. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIAL OR SERVICES AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE  SITE IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. 
  15. Limitation of Liability. WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, OR BOTH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE LIABILITY TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.
  16. Remedies for Violations. We may seek all remedies available at law and in equity for your violation of these Terms of Use, the Privacy Policy, or both, including, without limitation, the right to block access from a particular Internet address to the Site and suspend the Services.
  17. Modification of Terms of Use. We may modify, delete, or otherwise alter these Terms of Use at any time. Such modifications will be effective immediately upon being posted to the Site. You are responsible for regularly reviewing these Terms of Use.  Continued access of the Site and use of the Services thereafter constitutes your consent to any modifications hereto.
  18. Miscellaneous. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the laws of the United States, without giving effect to any principles of conflicts of law. You consent to the sole and exclusive jurisdiction and venue of the state courts and United States district courts sitting in Richmond, Virginia in which any adversarial proceeding, suit, or action is brought arising under these Terms of Use, your access to the Site, or your use of the Services. If any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. You acknowledge and agree that you have fully read and understand these Terms of Use and have had the opportunity to seek legal counsel of your choice. These Terms of Use along with the Privacy Policy contain the entire agreement between the parties regarding the subject matter hereof. These Terms of Use supersede all prior written and oral understandings, writings, and representations and may only be amended upon notice by us. Your breach of these Terms of use may cause irreparable harm and damage to Bettinger for which no adequate remedy at law exists. For this reason, Bettinger has the right, in addition to any other remedies available to it at law or in equity, to enjoin you in a court of equity from violating these Terms of Use without having to prove damages or post bond. These Terms of Use are binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.  You may not transfer or assign these Terms of Use.
  19. How to Contact Bettinger. If you have any questions about these Terms of Use or the Site, you may contact Bettinger at:

Mail:  Brent Bettinger Media

          1907 Knotty Way Dr.

          Glen Allen, VA 23060

Email: info@brentbettinger.com

Phone: 804-338.6904

These Terms of Use were last updated on June 1, 2019.