Welcome to
Bar-Q-Diamond Ranch
THIS WEB SITE ("SITE") is
offered to friends, associates and others conditioned on your acceptance without modification of the following
terms, conditions and notices contained herein ("Terms").
By accessing or using this site, you agree to all of these Terms. If
you do not agree to any of the Terms, do not use this Site.
Bar-Q-Diamond Ranch reserves the right at any time to modify, alter or update at any time
these Terms and you agree to be bound by any such modification, alteration
or update, without prior notice.
Copyrights
This Site, and the text, site design, logos, button icons,
images, graphics, interfaces, audio clips, software and all other content
contained herein and the selection, arrangement and compilation of all
such content are exclusively owned by Bar-Q-Diamond Ranch, Inc. and Copyright (©)
Bar-Q-Diamond 2003-2008.
ALL RIGHTS ARE RESERVED.
Permission is granted to view, download,
electronically copy and print hard copy portions of this site for your
non-commercial personal use as an information and educational resource and
for no other purpose. Any other use, including without limitation
the reproduction, modification, distribution, transmission, republication,
display, use or performance of the content on this Site, is strictly
prohibited and protected by U.S. and international copyright laws.
Without limiting the generality of the preceding sentence, you may not
modify, remove, delete, augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from, or in any way
exploit any of the Site, in whole or in part.
Trademarks
All trademarks, service marks, trade
names, graphics, and logos, including the Name and logo (collectively the
"Marks") are proprietary to Bar-Q-Diamond Ranch.
Bar-Q-Diamond Ranch does not authorize, and hereby prohibits, the use of any trade name,
trademark, service mark, logo, graphics or copyrighted material contained
herein. All other trademarks, product names and company names
or logos cited herein are the property of their respective owners and all
due credits and recognition are given without explicit acknowledgement on
this site.
Use of the Site
Bar-Q-Diamond Ranch is not liable or
responsible for any infections, contamination, delay in operation or
transmission, line failure, errors, omissions, interruptions or defects
arising out of your use of the Site or with respect to the material
provided or contained in the Site. In no event shall Bar-Q-Diamond
Ranch be liable for any special, indirect, incidental, consequential damages,
direct or other damages of any kind, resulting from whatever cause,
including but not limited to loss of use, loss of profits, loss of data or
loss of business opportunity, even if Bar-Q-Diamond Ranch has been previously
advised of the possibility of such damages, whether in an action under
contract, negligence or any other theory, arising out of or in connection
the use, inability to use or performance of the information services and materials available from the Site. In any event,
liability is limited to the fullest extent permitted by applicable law.
These limitations shall apply notwithstanding any failure of essential
purpose of any limited remedy.
You expressly agree that the use of the
Site is at your own risk. This Site is for your personal and noncommercial
use only and may not be used for any purpose that is unlawful or
prohibited by these Terms. You shall not use the Site to send
unsolicited advertising, promotional material or other forms of
solicitation to other users or persons. You shall not post or transmit any
unlawful, threatening, abusive, harassing, libelous, defamatory, vulgar,
obscene, sexually explicit, pornographic, profane, hateful, racially,
ethnically or otherwise objectionable material or any other material that
would constitute or encourage conduct that is a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
provincial, national or international law. You are solely
responsible for any information, communication or material you submit to
this site and you, not Bar-Q-Diamond Ranch have full responsibility for such
information, communication or material, including its legality,
reliability, appropriateness, originality or copyright.
Bar-Q-Diamond Ranch may terminate or suspend your access without notice for any conduct
that Bar-Q-Diamond Ranch believes, in its sole discretion, violates any
applicable law or is harmful to the interests of another user, third-party
provider, or the Bar-Q-Diamond Ranch, its affiliates and owners.
Disclaimer
The Site and the information, services,
products and materials contained in the Site, including without
limitation, text, graphics, and links, are provided "AS IS" and
without warranties. TO THE FULL EXTENT PERMITTED BY LAW, BAR-Q-DIAMOND
RANCH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE.
Bar-Q-Diamond Ranch
does not warrant or
represent the results that may be obtained from the use of the Site.
Bar-Q-Diamond Ranch does not warrant or represent that the Site or its content
is accurate, suitable, complete, or up-to-date, nor that access to or use
of the Site or the server which makes it available will be uninterrupted,
error-free, or free of viruses or other harmful components. Bar-Q-Diamond Ranch
shall not be held responsible or liable for the timely updates of this
site to reflect such changes. Where discrepancies exist
between the web site information and published information of Bar-Q-Diamond Ranch, the published information on file with
Bar-Q-Diamond Ranch is the
definitive source and shall prevail at all times. No oral
or written information given by Bar-Q-Diamond Ranch nor its friends,
affiliates, officers, directors, employees, agents, providers, sponsors,
and the like shall create a warranty and you shall not rely on any such
information.
External Sites
This Site may contain from time to time
links or pointers to other sites owned and operated by third parties
("External Sites"). These links are provided for your
convenience only. Bar-Q-Diamond Ranch does not operate or control in any
respect any information, products, services or material available on these
third party sites. You agree that Bar-Q-Diamond Ranch is not responsible for the
availability or, the content located on or through, any External Site. The
fact that Bar-Q-Diamond Ranch has provided a link to such sites is not an
endorsement, authorization, sponsorship, affiliation, joint venture or
partnership by Bar-Q-Diamond Ranch with respect to such sites, its owners or
providers. You access the External Sites at your own risk. You
should contact the site administrator or Webmaster for such External Site
if you have any concerns regarding such links or the content thereof.
Jurisdiction and Choice of Law
The Site is created, operated and
controlled by owners and affiliates of Bar-Q-Diamond Ranch in Castle Rock,
State of Colorado,
United States of America and from no other location. Bar-Q-Diamond Ranch
makes no representations that the materials in the Site are available
or appropriate for use in other locations. Those who access this
site from other locations do so at their own risk and are responsible for
compliance with any and all local laws. The laws of the State of Colorado
shall govern this Site, these terms and conditions and any dispute related
thereto, without regard to choice of law rules. You hereby consent and
agree to exclusive jurisdiction and venue of courts in Douglas County,
State of Colorado. Use of this Site is unauthorized in any
jurisdiction that does not give effect to all of these Terms, including
without limitation this paragraph.
Indemnification
You agree to defend, indemnify and hold Bar-Q-Diamond Ranch harmless from any claims and expenses, including without
limitation attorney’s fees and Bar-Q-Diamond Ranch's damages, actions, or
negligence, arising in connection with a violation of this Agreement by
you or through the use of this site or information contained therein.
Entire Agreement
This Agreement constitutes the entire
agreement between you and Bar-Q-Diamond Ranch with respect to this Site and the
information contained therein, and its supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and Bar-Q-Diamond Ranch. A printed version of
this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other documents and records originally generated
and maintained in printed form.
Severability
If any part of this agreement is
determined to be invalid or unenforceable for any reason, then such
invalid or unenforceable provision shall be deemed superseded by a valid
and enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall remain in
effect.