TENDINGBAR.ORG TERMS OF SERVICE

TENDING BAR MEDIA, LLC (“TendingBar,” “we,” or “us”) provides access to a variety of information, opinions, and other content (the “Services”) through our podcast that is published through the website accessible at the URL www.tendingbar.org (the “Site”). The Services are provided to you only under the following terms and conditions (the “Terms”).

PLEASE READ THE TERMS CAREFULLY. BY ACCESS THE SITE AND/OR USING THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, AND (iii) AGREE TO BE BOUND BY THEM.  IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.

I. ACCESS TO TENDINGBAR SERVICES AND TOOLS

A. Access to Features of Online Services

For so long as you agree to these Terms and abide by them, you may use the Site and the Services. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download copies of the podcasts and other informational resources that we may from time to time have specifically identified within the Site as available for download (“Downloadable Resources”).

B. General Restrictions on Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense access to the Service to any third-party. You may use the Site, the Services and Downloadable Resources only for your personal, non-commercial purposes. You further agree not to combine or integrate the Service and/or any Downloadable Resources with technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Service or Downloadable Resources. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, Services and/or Downloadable Resources is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Services, the Site or Downloadable Resources to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

C. Use of Third-Party Offerings

You may be able to access websites, content or services provided by third parties through links that are made available on the Site. Additionally, from time to time TendingBar may refer you to one or more third parties who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. Unless we otherwise inform you on the Site, your use of such Third-Party Offerings is not ordinarily required in order to access and/or use the Services.  If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s).  You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.

D. Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, the Services, and all Downloadable Resources, and all related intellectual property rights. For avoidance of doubt, all podcasts, blogs, photos, audio recordings, videos and other materials made available through the Site are, unless otherwise noted therein, subject to copyrights owned by TendingBar or its licensors.  Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited comments and ideas to TendingBar, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to TendingBar or any of its employees or representatives automatically become the property of TendingBar.  We reserve the right to review comments submitted by end users prior to permitting such comments to be posted on the Site, and we may refuse to permit such posting in our discretion.

II. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

A. No Warranties

THE SERVICE, THE SITE, THE DOWNLOADABLE RESOURCES AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TENDINGBAR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TENDINGBAR DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE TENDINGBAR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT. TENDINGBAR IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. TENDINGBAR DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE, AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.

B.  Not Legal Advice; No Attorney-Client Relationship

TendingBar’s podcasts and other materials often include discussion of legal issues.  Information and other materials posted within the Site may therefore contain the opinions and viewpoints of practicing attorneys.  However, the Site, Services and Downloadable Resources (including podcast episodes) are provided for informational purposes only.  NEITHER THE SITE, THE SERVICES, THE DOWNLOADABLE RESOURCES, NOR ANY OPINIONS OR VIEWPOINTS EXPRESSED IN OR THROUGH THE FOREGOING MAY BE CONSTRUED AS LEGAL ADVICE OR AS THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. 

You should always consult a licensed attorney regarding your particular facts and circumstances.  NO REPRESENTATION IS MADE REGARDING THE QUALITY OF INFORMATION PROVIDED, AND NO REPRESENTATION IS MADE THAT THE VIEWPOINTS AND/OR OPINIONS EXPRESSED ON THIS SITE, INCLUDING IN THE VIDEO BLOGS, ARE SUITABLE FOR YOUR PARTICULAR LEGAL NEEDS.

The viewpoints and opinions expressed on this site, including in the video blogs, are the speakers’ alone, and do not necessarily represent the viewpoints and/or opinions of the speakers’ employers, institutions, clients, colleagues, or any other third party.

C. Limitation Of Liability

USE OF THE TENDINGBAR SERVICE, THE SITE AND ANY DOWNLOADABLE RESOURCES IS AT YOUR OWN RISK. IN NO EVENT WILL TENDINGBAR, ITS CONTRIBUTORS, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES AND/OR THE DOWNLOADABLE RESOURCES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF TENDINGBAR WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE, NOR WILL ANY OF THEM BE LIABLE TO YOU FOR MONETARY DAMAGES OF ANY KIND IN CONNECTION WITH THE FOREGOING. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND TENDINGBAR RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND ANY DOWNLOADABLE RESOURCES TO YOU, AND TENDINGBAR WOULD NOT PROVIDE THE SITE, SERVICE OR DOWNLOADABLE RESOURCES TO YOU WITHOUT THIS LIMITATION.

D. Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT TENDINGBAR’S OPTION, DEFEND TENDINGBAR, ITS CONTRIBUTORS, ITS HOSTS, ITS GUESTS/INTERVIEWEES, ITS LICENSORS, AND ITS AFFILIATES (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE OF THE SITE, THE SERVICES, THE DOWNLOADABLE RESOURCES, AS WELL AS FROM ANY VIOLATION OF THESE TERMS.

III. TERM AND TERMINATION

These Terms will become effective and binding when you use the Site and/or Services. You do not need to inform us if you wish to stop using the Site or Service. We reserve the right to terminate these Terms and your access to the Site and the Service at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.B, I.C, I.D, II, III, and IV will survive the termination of these Terms.

IV. MISCELLANEOUS MATTERS

A. Privacy

In the course or accessing and/or using the Site, the Services and/or the Downloadable Resources, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site and/or the Downloadable Resources, you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site, the Services and the Downloadable Resources.

B. Copyrights

If you believe your copyright has been violated by works or Third-Party Offerings accessible on the Site or through the Service, please contact us by email at contact@tendingbar.org.

C. Modifications to Terms

We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site, the Services and the Downloadable Resources. Continued use of the Site, the Services and/or any Downloadable Resources following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use (“Supplemental Terms”). By using such features, or any part thereof, you agree to be bound by the Supplemental Terms applicable to such features. In the event that any of the Supplemental Terms conflict with these Terms, the Supplemental Terms will govern with respect to that conflict.

D. Modifications or Discontinuation of Services.

We reserve the right to modify the Site and/or Services, or any portion thereof, at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

E. General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Downloadable Resources. These Terms will be subject to and construed in accordance with the laws of the United States and the Commonwealth of Virginia, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Virginia with regard to any dispute arising in connection with these Terms. The failure of TendingBar to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, the Downloadable Resources, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms (including any applicable Supplemental Terms) constitute the entire agreement between you and TendingBar with regard to the matters described above.