BrockwayAndSons.com Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 01/31/14.

1. Description of Service

2. Disclaimer of Warranties

3. Limitation of Liability

4. Indemnification

5. Modifications and Interruption to Service

6. Third-Party Sites

7. Disclaimer Regarding Accuracy of Vendor Information

8. Governing Jurisdiction of the Courts Wisconsin

9. Compliance with Laws

10. Copyright and Trademark Information

11. Notification of Claimed Copyright Infringement

12. Botnets

13. Privacy

14. Other Terms

This Terms of Use Agreement sets forth the standards of use of the BrockwayAndSons.com Online Service. By using the http://www.BrockwayAndSons.com website you, as a "Visitor" or "Member" agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately and are retroactive in their effect(s) upon being posted at the http://www.BrockwayAndSons.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

BrockwayAndSons.com is providing Visitor or Member with a community forum website. Visitor or Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor's or Member's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by BrockwayAndSons.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, BrockwayAndSons.com, its parents, subsidiaries, affiliates, management and owner(s) makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BrockwayAndSons.com, its parents, subsidiaries, affiliates, management and owner(s) shall have no liability for any interruptions in the use of this Website. BrockwayAndSons.com, its parents, subsidiaries, affiliates, management and owner(s) disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

BrockwayAndSons.com, IT’S PARENTS, SUBSIDIARIES, AFFILIATES, MANAGEMENT, AND OWNER(S) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BrockwayAndSons.com, IT’S PARENTS, SUBSIDIARIES, AFFILIATES, MANAGEMENT, AND OWNER(S) SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BrockwayAndSons.com, IT’S PARENTS, SUBSIDIARIES, AFFILIATES, MANAGEMENT, AND OWNER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Visitor and Member agrees to indemnify and hold BrockwayAndSons.com, its parents, subsidiaries, affiliates, management and owner(s), harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Visitor's or Member's use of the Service, the violation of this Agreement, or infringement by Visitor or Member, or other user of the Service using Visitor's or Member's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

BrockwayAndSons.com reserves the right to modify or discontinue the Service with or without notice to the Visitor or Member. BrockwayAndSons.com, its parents, subsidiaries, affiliates, management and owner(s) shall not be liable to Visitor or Member or any third party should BrockwayAndSons.com exercise its right to modify or discontinue the Service. Visitor or Member acknowledges and accepts that BrockwayAndSons.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors and Members to review said privacy policies of third-parties' sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BrockwayAndSons.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

BrockwayAndSons.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts Wisconsin

Our website is operated and provided in the State of Wisconsin. As such, we are subject to the laws of the State Wisconsin, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Wisconsin.

9. Compliance with Laws

Visitor or Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor or Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

Visitors and Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of BrockwayAndSons.com.

All other trademarks displayed on BrockwayAndSons.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BrockwayAndSons.com, its parents, subsidiaries, affiliates, management and owner(s).

All content on this website and the Brockway And Sons name and logo is Copyright © 2015. BrockwayAndSons.com, All Rights Reserved. Some site content falls under a "Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License". Contact us before using any content on this website to confirm that it falls under the Creative Commons license. Upon receiving a hard copy, physically mailed confirmation letter (not in digital form) from an owner of BrockwayAndSons.com that a certain content item is in fact usable under the "Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License", the end-user must prominently display the following everywhere the content is used:

This work used by permission and is Copyright © 2015 BrockwayAndSons.com under a "Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License"

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BrockwayAndSons.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Via the site' "Contact Us" area.

12. Botnets

BrockwayAndSons.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BrockwayAndSons.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. Privacy

This privacy notice discloses the privacy practices for BrockwayAndSons.com

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BrockwayAndSons.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor or Member. Visitor or Member agrees that by accepting this Terms of Use Agreement, Visitor or Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].

The views expressed on this website are / were not reviewed by BrockwayAndSons.com. BrockwayAndSons.com does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit or limit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages or images. Information on BrockwayAndSons.com or a Forum should not be relied upon. In the case of legal advice from this site, it is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you.

All rights reserved.

There is to be no profanity, ill intent, or posting of inappropriate photos.

Attacking other members verbally is strictly prohibited. All members should be courteous and helpful to one other at all times. Please refrain from using profanities when posting. Discussions which are explicit or offensive in nature will not be tolerated. Hateful or violent speech toward individuals, groups, or communities based on race, creed, religion, marital status, gender, or any other label or reason will not be tolerated. Hateful epithets in posts, topics, signatures, usernames, or anywhere else on the boards will be grounds for a ban. Keep in mind that this forum is a public community service, and maintaining ethic is expected.

Do not post personal information about other people.

It is prohibited to post username and password combinations, telephone numbers, addresses, full name, last name, or other personal information about other people without their expressed permission. If you need to share your own personal information for any reason, you may, but will hold BrockwayAndSons.com, its parents, subsidiaries, affiliates, management and owner(s) harmless if your privacy is in any way violated as a result.

No Copyrighted Material.

It is prohibited to copy and paste or plagiarize any copyrighted works anywhere on this website. EVEN IF proper credit and sourcing is done. This includes but is not limited to articles, news bits, literature, etc. If you wish to make reference to a link elsewhere, you may do so as long as the site you are linking to has not violated any copyright laws. If any party holding a copyright wishes to post their material(s) on BrockwayAndSons.com, please contact the site administrator or webmaster.

You agree that BrockwayAndSons.com, it's owner(s) and management shall be held harmless concerning any problems of any kind concerning ANYTHING bought or sold or not bought or sold between members or non-members, so proceed at your own risk, and handle this on your own, because you are indeed on you own in this area. You also agree that BrockwayAndSons.com, its parents, subsidiaries, affiliates, management and owner(s) shall be held harmless for all the content and media contained on this website. You are prohibited from false advertising or advertising "get rich quick" schemes on this site with the intent to commit a crime. You also bear all responsibility of all the content you post whether it be text, video, image or audio. All visitors and Members in the broadest sense are hereby warned to utilize this site at your own risk.

Member and / or IP banning: The Management staff of BrockwayAndSons.com reserves the sole right to ban the IP and/or user accounts of any member at any time, and for any reason deemed necessary based on or not based on this policy as this policy is actually presented. We further reserve the right to edit, delete, copy, move, add to, and otherwise alter all contents contained in BrockwayAndSons.com, for any reason deemed necessary based on or not based on this policy as this policy is actually presented, including but not limited to post contents, PM's, emails, IM's, avatars, signature contents, and member data, whether private or public.