Terms & Conditions

Introduction

Welcome to www.kerrybodine.com (the “Website”). The Website is owned and operated by Bodine Enterprises, Inc. (“Bodine Enterprises”, “us”, “we” or “our”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to the terms and conditions set forth below (the “Terms and Conditions”) and to our privacy policy set forth at https://kerrybodine.com/privacy-policy/ (the “Privacy Policy” and, together with the Terms and Conditions, the “Terms of Use”). If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control. You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

License to use Website

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 may view, download for caching purposes only, forward links and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. You must not (a) republish material from this Website (including republication on another Website), (b) sell, rent or sub-license material from the Website; (c) show any material from the Website in public; (d) reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; (e) edit or otherwise modify any material on the Website; or (f) redistribute material from this Website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

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.

User content

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.

No warranties

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.

Limitations of liability

Under no circumstances (including negligence) will we be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website: (a) to the extent that the Website is provided free-of-charge, for any direct loss; (b) for any indirect, special or consequential loss; or (c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if we have been expressly advised of the potential loss. The limitations, exclusions and disclaimers herein and elsewhere in the Terms of Use apply to the maximum extent permitted by applicable law. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

Indemnity

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.

Breaches 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.

Variation

Bodine Enterprises may revise the Terms of Use from time-to-time. Revised Terms of Use will apply to the use of this Website from the date of the publication of the revised Terms of Use on this Website. Please check this page regularly to ensure you are familiar with the current version.

Miscellaneous Legal Provisions

Assignment. Bodine Enterprises may transfer, sub-contract or otherwise deal with Bodine Enterprises’ rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms of Use.

Severability. If a provision of the Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement. The Terms of Use constitute the entire agreement between you and Bodine Enterprises in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

Law and Jurisdiction. The Terms of Use will be governed by and construed in accordance with California law, and any disputes relating to the Terms of Use will be subject to the exclusive jurisdiction of the courts of San Francisco County, California.

Contact Details

Bodine Enterprises, Inc
201 Spear Street, Suite 1100
San Francisco, CA 94105

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