Website Terms of Use

Last Modified: February 2021

Acceptance of the Terms of Use

These terms of use (these “Terms of Use”) are agreed to by the user (“you”) of the website located at www.bornfromlines.com (the “Website”) in favor of Born from Lines, LLC, a Florida limited liability company (“BFL”). These Terms of Use, together with any other terms and policies applicable to the Website (all of such terms and policies that apply to the Website, together with these Terms of Use, the “Applicable Terms”), which are hereby incorporated into these Terms of Use, govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and all other Applicable Terms. If you do not want to agree to these Terms of Use or any other Applicable Term, you must not access or use the Website. 

The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

BFL may revise and update these Terms of Use from time to time in BFL’s sole discretion. All changes are effective immediately when BFL posts them and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

Subject to and conditioned on your compliance with all Applicable Terms, you are hereby granted a non-exclusive and non-transferable right to access and use the Website.  BFL reserves the right to withdraw or amend the Website, or any service or material BFL provides on the Website, in BFL’s sole discretion without notice. BFL will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, BFL may restrict access to some parts of the Website, or the entire Website, to certain users, including certain registered users.

You are responsible for:

  • making all arrangements necessary for you to have access to the Website; and

  • ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to BFL is correct, current, and complete. 

If you choose, or are provided with, a user name, password, or any other piece of information as part of BFL’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify BFL immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

BFL has the right to disable any user name, password, or other identifier, whether chosen by you or provided by BFL, at any time in BFL’s sole discretion for any or no reason, including if, in BFL’s opinion, you have violated any provision of the Applicable Terms.

Our Intellectual Property Rights

BFL’s products and services and the names, logos, product and service names, designs, and slogans related to BFL’s name, branding, products, and services may be protected by copyright, trademark, trade dress, copyright, or other intellectual property rights owned or licensed by BFL.  All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.  You must not use BFL’s or its licensor’s trademarks, trade dress, copyrights, or other intellectual property rights without the prior written permission of BFL or its licensor. 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are the confidential information of, and are owned by, BFL, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

  • your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

  • you may store files that are automatically cached by your Web browser for display enhancement purposes;

  • you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and

  • if BFL provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by BFL’s end user license agreement for such applications.

You must not:

  • modify copies of any materials from this site;

  • use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or

  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at BFL’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved . Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

User Content

In connection with services that you request through the Website, you may provide content or materials (collectively, “User Content”) to BFL. The User-Generated Content Policy found at www.bornfromlines.com/privacy-policy (the “UGC Policy”), which is hereby incorporated into these Terms, governs your User Content.

 

License to Use Your Intellectual Property

You hereby grant to BFL a non-exclusive, perpetual, and royalty-free license to use, in any way throughout the world, any review or feedback content you create about the Website, regardless of where it is published.

Prohibited Uses

You may use the Website and the services provided on the Website only for lawful purposes and in accordance with the Applicable Terms. Without limiting the generality of the foregoing, You agree not to use the Website:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with any Applicable Term (including, without limitation, the UGC Policy);

  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

  • to impersonate or attempt to impersonate BFL, a BFL employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or

  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by BFL, may harm BFL or any third party or expose it or them to liability.

Additionally, you agree not to:

  • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;

  • use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

  • use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in the Applicable Terms ;

  • use any device, software, or routine that interferes with the proper working of the Website;

  • introduce any harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material which is malicious or technologically harmful;

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

  • otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. BFL does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. BFL disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BFL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BFL. BFL is not responsible, or liable to you or any third party, in any way, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

BFL may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and BFL is under no obligation to update such material. 

Information About You and Your Visits to the Website

All information that you provide to BFL, in each case whether it is yours or a third party’s, is subject to our Privacy Policy found at www.bornfromlines.com/privacy-policy, which is hereby incorporated into these Terms of Use. By using the Website, you consent to, and represent that you have obtained all applicable third parties’ consent to, all actions taken in compliance with the Privacy Policy. 

Online Purchases and Other Terms and Conditions

All purchases through the Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our Terms of Sale, available at [LINK TO TERMS OF SALE], which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.  The site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the UGC Policy. You agree to cooperate with BFL in causing any unauthorized linking immediately to stop. BFL reserves the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. BFL has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. BFL provides the Website for use only by persons located in the United States. BFL makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that BFL cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER BFL NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (EXCEPT AS OTHERWISE EXPLICITY SET OUT IN THE TERMS OF SALE, AS APPLICABLE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BFL NOR ANY PERSON OR ENTITY ASSOCIATED WITH BFL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BFL NOR ANY PERSON OR ENTITY ASSOCIATED WITH BFL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (EXCEPT AS OTHERWISE EXPLICITLY SET OUT IN THE TERMS OF SALE, AS APPLICABLE) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THE TERMS OF SALE, AS APPLICABLE, ALL WARRANTIES OF ANY KIND ARE HEREBY DISCLAIMED, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BFL, ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS OF THE FOREGOING BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (EXCEPT AS OTHERWISE EXPLICITLY SET OUT IN THE TERMS OF SALE, AS APPLICABLE) OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless BFL and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of any Applicable Term or your use of the Website, including, but not limited to, your User Content; any use of the Website's content, services, or products other than as expressly authorized in any Applicable Term or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website, the Applicable Terms, or any dispute or claim between you and BFL arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding between you and BFL arising out of, or related to, any Applicable Term or the Website shall be instituted and maintained exclusively in the Twelfth Judicial Circuit in and for Sarasota County, Florida, located in the City of Sarasota, or the United States District Court for the Middle District of Florida located in the City of Tampa, although BFL retains the right to bring any suit, action or proceeding against you in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST BFL ARISING OUT OF OR RELATING TO ANY APPLICABLE TERM OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by BFL of any term or condition set forth in these any Applicable Term shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BFL to assert a right or provision under any Applicable Term shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use or any other Applicable Term is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, a suitable and equitable provision will be substituted therefor to carry out the original intent as closely as possible, and the remaining provisions of these Terms of Use and the other Applicable Terms will continue in full force and effect. 

Entire Agreement

These Terms of Use, together with all other documents referenced herein, constitute the sole and entire agreement between you and BFL with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. 

Your Comments and Concerns

The Website is operated by BFL at 15934 Whippoorwill Circle, Westlake, FL 33470.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@bornfromlines.com.

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