Welcome to www.kerrybodine.com (the “Website”). The Website is owned and operated by Bodine Enterprises, Inc. (“Bodine Enterprises”, “us”, “we” or “our”).
All content contained on the Website (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, and data compilations are our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property. Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Website are proprietary to us or our licensors or licensees. Unless otherwise stated, Bodine Enterprises and/or its licensors own the intellectual property rights in the Website, the Content and the Marks. Subject to the license below, all of the aforementioned intellectual property rights are reserved.
You must not: (a) use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (b) you must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (c) you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent; (d) you must not use this Website to transmit or send unsolicited commercial communications; and (e) you must not use this Website for any purposes related to marketing without our express written consent.
In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. You grant to Bodine Enterprises a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Bodine Enterprises the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Bodine Enterprises or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.
This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and materials provided on this Website. Without prejudice to the generality of the foregoing paragraph, we do not warrant that: (a) this Website will be constantly available, or available at all; or (b) the information on this Website is complete, true, accurate or non-misleading. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
You hereby indemnify, and undertake to keep us indemnified, Bodine Enterprises, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by any Indemnified Party to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by any of the Indemnified Parties arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Bodine Enterprises may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Bodine Enterprises, Inc
201 Spear Street, Suite 1100
San Francisco, CA 94105