TERMS AND CONDITIONS

TABarron.com Website Terms and Conditions

Thank you for visiting the T. A. Barron website located at www.tabarron.com (the “Site”). The Site is an Internet property of Thomas A. Barron, LLC (“TAB,” “we” or “us”). You agree to the following TABarron.com Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) access and/or download any of the text, essays, games, book reviews, audio, video, photographs, graphics, artwork, testimonials, press kit, maps and other content featured on the Site including, without limitation, the “Educator’s Gift Box” (collectively, “Content”); (c) register to participate in one or more of the contests, promotions and/or sweepstakes featured on the Site from time-to-time (collectively, “Promotions”); (d) register to receive the T. A. Barron newsletter (“Newsletter”); and/or (e) utilize the Site’s many interactive features designed to facilitate interaction between you, T. A. Barron and other Site users including, but not limited to, blogs, comment sections, reviews and question and answer options located in designated areas of the Site (collectively, the “Interactive Services” and together with the Site, Content, Promotions and Newsletter, the “T. A. Barron Offerings”). The TA Barron.com Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the T. A. Barron Offerings in any manner or form whatsoever.

1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the T. A. Barron Offerings. The Agreement constitutes the entire and only agreement between you and TAB with respect to your use of the T. A. Barron Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the T. A. Barron Offerings shall be subject to the Agreement. You understand and agree that TAB is not responsible or liable in any manner whatsoever for your inability to use the T. A. Barron Offerings.

2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the T. A. Barron Offerings. By your continued use of the T. A. Barron Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).

3. Requirements. You must be thirteen (13) years old or older to access the T. A. Barron Offerings. If you are not yet thirteen (13) years old, you may not access the T. A. Barron Offerings. If you are at least thirteen (13) years old but not yet eighteen (18) years of age, please have your parent(s) or legal guardian(s) review the Agreement with you, discuss any questions that you may have and give you their permission to access the T. A. Barron Offerings. If you are a parent or a guardian, you are responsible for exercising supervision over your children’s online activities. If you do not agree to the terms of the Agreement, do not let your child access and/or use the T. A. Barron Offerings. If you are the parent or guardian of a child under the age of thirteen (13) and you believe that your child has accessed the T. A. Barron Offerings without your authorization, please Contact Us.

4. Site Forms. In order to utilize the Interactive Services and certain other T. A. Barron Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your full name; (b) your mailing address; (c) your e-mail address; (d) your telephone number; (e) school/company name (if applicable); and/or (f) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.

TAB may reject your Form and/or terminate your Site account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where TAB believes that you are in any way in breach of the Agreement; (ii) where TAB believes that you are engaged in any improper conduct in connection with the Site; and (iii) where TAB believes that you are, at any time, conducting any unauthorized commercial activity by and through your account.

5. Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other T. A. Barron Offerings. The Content is compiled, distributed and displayed by TAB, as well as third-party content providers (“Third-Party Providers”). TAB does not control the Content provided by Third-Party Providers that is made available by and through the T. A. Barron Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. TAB does not represent or warrant that the Content and other information posted by and through the T. A. Barron Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that TAB will not be responsible for, and TAB undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that TAB shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.

6. Promotions. From time-to-time, we offer Promotions by and through the Site. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Promotion, if any. You understand and agree that TAB shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.

7. Interactive Services.

(a) Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in blog comment sections, message boards, question and answer areas and other interactive areas of the Site.

(b) Each end-user shall be solely responsible for the comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. End-users are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (“Links”) in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. TAB reserves the right to prohibit any conduct by end-users or remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in TAB’s sole discretion. The reasons for removal may include where TAB believes that the Feedback posted by an end-user is unsuitable for the Interactive Services and/or Site for any reason including, without limitation, where: (i) the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) TAB believes that an end-user is, at any time, conducting any commercial activity by and through the Interactive Services; and/or (iv) TAB believes that an end-user is in violation of the Agreement including, without limitation, Section 7(c) below. You understand and agree that TAB shall not be liable to you, any other end-user or any third party for any claim in connection with your use of the Interactive Services. The Interactive Services contain Feedback that is provided directly by end-users of the Site. You agree that TAB shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. TAB does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. You understand and agree that TAB is not responsible or liable in any manner whatsoever for your inability to use the Interactive Services.

(c) You agree that you are solely responsible for the Feedback and/or other information that you publish, transmit and/or post through the Interactive Services. You agree to use the Interactive Services in full compliance with all applicable laws and regulations. In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, Site-visitors; (vii) transmit any chain letters, spam or junk e-mail to other end-users; (viii) express or imply that any statements you make are endorsed by TAB and/or T. A. Barron; (ix) harvest or collect personal information of Site-visitors whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt any of the T. A. Barron Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the Site; (xvii) use metatags or code or other devices containing any reference to the T. A. Barron Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the T. A. Barron Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Site account without notice, in the sole discretion of TAB. TAB reserves the right to pursue any and all legal remedies against end-users that engage in the aforementioned prohibited conduct.

8. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the T. A. Barron Offerings. TAB may terminate this license at any time for any reason. Unless otherwise expressly authorized by TAB, as a visitor to the Site, you may only use the T. A. Barron Offerings for your own personal, non-commercial use. No part of the T. A. Barron Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the T. A. Barron Offerings except as expressly permitted by TAB. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the T. A. Barron Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the T. A. Barron Offerings. You may not use the T. A. Barron Offerings in conjunction with any other third-party content. You may not exploit any aspect of the T. A. Barron Offerings for any commercial purposes not expressly permitted by TAB. You further agree to indemnify and hold harmless TAB for your failure to comply with this Section 8. TAB reserves any rights not explicitly granted in the Agreement.

9. Proprietary Rights. The Content, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the T. A. Barron Offerings, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the T. A. Barron Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the T. A. Barron Offerings. The posting of information or material by and through the T. A. Barron Offerings does not constitute a waiver of any right in or to such information and/or materials.

10. Copyright Policy/DMCA Compliance. TAB reserves the right to terminate the Site account of any end-user who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other T. A. Barron Offerings in a way that constitutes copyright infringement, you should provide TAB with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for TAB’s Copyright Agent for notice of claims of copyright infringement is as follows:

Thomas A. Barron, LLC
Attn: DMCA/Copyright Agent
PO Box 18750
Boulder, CO 80308
contactus@tabarron.com

11. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site is a violation of criminal and civil law and TAB will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

12. Indemnification. You agree to indemnify and hold TAB, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the T. A. Barron Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of TAB, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

13. Disclaimer of Warranties. THE T. A. BARRON OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TAB MAKES NO WARRANTY THAT THE T. A. BARRON OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; AND/OR (D) WILL BE ACCURATE OR RELIABLE. THE T. A. BARRON OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THERETHROUGH MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TAB WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAB OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TAB NOR T. A. BARRON SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE T. A. BARRON OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO T. A. BARRON, THE T. A. BARRON OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE T. A. BARRON AND TAB FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF T. A. BARRON AND/OR TAB TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE T. A. BARRON OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR TAB MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TAB. ACCESS TO THE T. A. BARRON OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF T. A. BARRON AND/OR TAB, AS APPLICABLE, SHALL BE LIMITED TO THE LOWEST MONETARY AMOUNT PERMITTED BY LAW.

15. Third Party Websites. The Site contains links to other websites on the Internet that are owned and operated by third parties. TAB does not control the information, products or services available on or through these third party websites. The inclusion of any link does not imply endorsement by TAB of the applicable website or any association with the website’s operators. Because TAB has no control over such websites and resources, you agree that TAB is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that TAB shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

16. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

17. End-User Information. All materials that you submit through or in association with the Site including, without limitation, the Registration Data and Feedback shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please click here. By submitting such Feedback or other materials to us, you: (a) represent and warrant that TAB’s use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that TAB is free to use in any manner all or part of the content of any such Feedback or other materials on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant TAB all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Feedback and/or materials, in whole or in part, or as a derivative work, without any duty by TAB to anyone whatsoever. TAB does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works and/or materials.

18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the T. A. Barron Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against TAB and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that TAB incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

19. Miscellaneous. To the extent that anything in or associated with the T. A. Barron Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

20. Contact Us. If you have any questions about the Agreement, T. A. Barron Offerings or the practices of TAB, please feel free to contact us via mail at: fanmail@tabarron.com.