terms of service

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Last updated: 12-24-2022 09:21:55

Please read this  Terms of Service ("Terms," "Terms of Service") carefully before using  the pattybarrue.com Website (the "Website") operated by   ("us," "we,"  "our") as this Terms of Service contains important information regarding  limitations of our liability. Your access to and use of this Website is  conditional upon your acceptance of and compliance with these Terms.  These Terms apply to everyone, including but not limited to visitors,  users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these  Terms. If you disagree with any part of the Terms, then you do not have  our permission to access or use the Website.

You agree that you will use this Website in accordance with all  applicable laws, rules, regulations and these Terms at all times. The  following is a non-exhaustive list of prohibited uses of this Website.  You agree that you will not perform any of the following prohibited  uses:

1. Impersonating or attempting to impersonate us;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending  or attempting to send any advertising or promotional material,  including but not limited to spam, junk mail, chain mail or any similar  material;
4. Engaging in any conduct that restricts or inhibits any  person’s use or enjoyment of the Website, or which, as determined in  our sole discretion, may harm us or the users of this Website or expose  us or other users to liability;
5. Using the Website in any manner  that could disable, overburden, damage or impair the Website or  interfere with another party’s use of the Website;
6. Using any  robot, spider or other similar automatic technology, process or means to  access or use the Website for any purpose, including monitoring or  copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using  any device, software, means or routine that interferes with the proper  working of the Website, including but not limited to viruses, trojan  horses, worms, logic bombs or other such materials;
9. Attempting  to gain unauthorized access to, interfering with, damaging or disrupting  any parts of the Website, the server(s) on which the Website is stored,  or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

This Website is provided “as is,” No warranty,  express or implied (including any implied warranty of merchantability,  of satisfactory quality or fitness for a particular purpose or use)  shall apply to this Website, whether arising by law, course of dealing,  course of performance, usage of trade or otherwise.

We assume no liability for availability, errors, or inaccuracies in  the information provided on this Website. We may experience delays in  updating information on the Website and in our advertising on other  websites. The information, products, and services found on the Website  may contain errors or inaccuracies or may not be complete or current.  Services may be incorrectly priced, described inaccurately, or  unavailable on the Website, and we cannot guarantee the accuracy or  completeness of any information found on the Website. We expressly  reserve the right to correct any pricing errors on our Website.

We make no representations about the suitability of the information,  products, and  services contained on this Website for any purpose, and  the inclusion or offering of any products or services on this Website  does not constitute any endorsement or recommendation of such products  or services by us. We disclaim all warranties and conditions that this  Website, its servers, or any email sent from us are free of viruses or  other harmful components. 

In no event shall "we" be  liable for any direct, indirect, punitive, incidental, special or  consequential damages arising out of, relating to or in any way  connected with your access to, display of or use of this Website or with  the delay or inability to access, display or use this Website,  including but not limited to your reliance upon opinions or information  appearing on this Website; any computer viruses, information, software,  linked websites operated by third parties, products or services obtained  through this Website, whether based on a theory of negligence,  contract, tort, strict liability, consumer protection statutes or  otherwise, even if "we" have been advised of the  possibility of such damages.

This  limitation of liability reflects the allocation of risk between you and  us. The limitations specified in this section will survive and apply  even if any limited remedy specified in these Terms of Use is found to  have failed of its essential purpose. The limitations of liability  provided in these Terms of Use inure to the benefit of "us."

This Website may contain hyperlinks to websites operated by parties  other than us. We provide such hyperlinks for your reference only. We do  not control such websites and are not responsible for their contents or  the privacy or other practices of such websites. Further, it is up to  you to take precautions to ensure that whatever links you select or  software you download (whether from this Website or other websites) is  free of such items as viruses, worms, trojan horses, defects and other  items of a destructive nature. Our inclusion of hyperlinks to such  websites does not imply any endorsement of the material on such websites  or any association with their operators. 

All contents of this Website are ©2021 Patty Barrue. All  rights reserved. Website, and all content and other materials on this  Website, including, without limitation, all logos, designs, text,  graphics, pictures, information, data, software, sound files, other  files and the selection and arrangement thereof (collectively, " Content  ") are the proprietary property of Patty Barrue and are  either registered trademarks or trademarks of Patty Barrue in  the U.S. and/or other countries. Other logos and product and company  names mentioned herein may be the trademarks of their respective owners.  We are not responsible for content on websites operated by parties  other than us. 

If you are aware of an infringement of our intellectual property,  please let us know by contacting us here. 

We respect the intellectual property rights of others. It is our  policy to respond to any claim that Content posted on the Website  infringes on the copyright or other intellectual property rights of any  person or entity.

If you are a copyright owner, or authorized on behalf of one, and you  believe that the copyrighted work has been copied in a way that  constitutes copyright infringement, please submit your claim here, with the line: “Copyright Infringement” and  include in your claim a detailed description of the alleged  infringement as detailed below, under “DMCA Notice and Procedure for  Copyright Infringement Claims”. Our copyright agent is Patty Barrue.

You may be held accountable for damages (including costs and  attorneys’ fees) for any misrepresentation or bad-faith claims on the  infringement of any Content found on and/or through the Website on your  copyright. 

If you believe in good faith that materials hosted by us infringe  your copyright, you (or your agent) may send us a written notice that  includes the following information. Please note that we will not process  your complaint if it is not properly filled out or is incomplete. To  report that your intellectual property rights have been infringed upon,  please contact us here and include the following  information:
 

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. a  description of the copyrighted work that you claim has been infringed,  including the URL (i.e., web page address) of the location where the  copyrighted work exists or a copy of the copyrighted work;
3. your address, telephone number, and email address;
4. a  statement by you that you have a good faith belief that the disputed  use is not authorized by the copyright owner, its agent, or the law.

These Terms shall be governed and construed in accordance with the  laws of Bernalillo County, New Mexico, United States, without regard to its  conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not  be considered a waiver of those rights. If any provision of these Terms  is held to be invalid or unenforceable by a court, the remaining  provisions of these Terms will remain in effect. These Terms constitute  the entire agreement between us regarding our Website, and supersede and  replace any prior agreements we might have had between us regarding the  Website. 

Any controversy or claim arising out of or relating to these Terms  and Conditions including, without limitation, the interpretation or  breach thereof, shall be resolved in a court of competent jurisdiction  in New Mexico.

We reserve the right to amend this policy at any time without any prior notice to you.

If you have any questions about our Terms and Conditions, please contact us here.