Consent to Our Terms and Conditions
Access. BarnWiz require you create a user ID and a password as part of your participation and access to the Services. Your user ID and password may only be used by you and you may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password.
Personal Information. "Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, if you register through a social media service such as Facebook, the additional data which you permit the social media service to send to us, and possibly information relating to certain support or customer service issues.
By voluntarily providing us with Personal Information you are consenting to our use of your Personal Information in accordance with this Privacy Statement. If you provide Personal Information, your Personal Information and all data related to the Service will be stored within the United States. By using the Service, you consent to the transfer to and storage of your Personal Information within the United States.
Information Collected. BarnWiz collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Services, from third parties with your consent, and through cookie and other tracking technology. BarnWiz collects the following information:
Submission of Information. We collect information that you voluntarily provide as part of our Services ("User Generated Content"). BarnWiz may, in our sole discretion, share your User Generated Content with others. Once you have submitted User Generated Content, we reserve the right to publish it in any medium to others.
Aggregate Information. We may collect general, non-personal, statistical information about the use of the Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on.
How We Use the Information. BarnWiz generally uses the information collected about you to provide and improve the Services, including to:
Further, if you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email or other messaging means, we will use the Personal Information you provide to answer your question or resolve your problem.
Disclosures and Transfers of Information. We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
We have your permission; The disclosure assists in fulfilling the purpose for which the personal information was obtained; The disclosure is permitted by applicable law; The Personal Information to be disclosed is otherwise publicly available through no fault of BarnWiz; The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets; The disclosure is for our own marketing purposes, or, with your authorization, for the marketing purposes of third parties; The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties; The party to whom the disclosure is made controls, is controlled by, or is under common control with BarnWiz; or The disclosure is to outside businesses to perform certain services for us, such as maintaining our Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside
We may also disclose aggregate visitor data in order to describe the use of the Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
We use a variety of security measures, including firewalls, Secure Socket Layer (SSL) technology, encryption and authentication tools, to help protect your information. We protect your Personal Information with the same or better security measures than we protect our company data.
Children's Privacy. BarnWiz does not intend the Services to be used by individuals under the age of 18. BarnWiz relies upon parents or guardians to determine if the Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Services, such individual may only use the Services under the supervision of a parent or guardian of majority age.
You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose.
We welcome your questions and comments.
Terms of Conditions and Use
This only governs the use of the website.
BarnWiz provides this website (the “Site”) and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. Please also note that this is not your listing agreement (“Listing Agreement”), which must be used by any user seeking to list a barn or stall; in the event of a conflict between the provisions of a Listing Agreement you enter into and the provisions of these Terms and Conditions, the Listing Agreement shall in all respects be controlling. You understand and acknowledge that the Services are provided to you exclusively under these Terms. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and acknowledge that no signatures are required in connection with the terms for you to be fully bound by them. As used with the Services, the terms “you” refers to all users of this Site, the terms “we”, “us”, or “our” refer to BarnWiz or its affiliates, agents, or strategic partners and other third parties that it engages with. “Leasers” refers to users who list their properties on this Site. “Lessees” refers to users who register to utilize BarnWiz to consider your barn or training service or schedule a barn visit appointment with a “Leaser.” “Customers” refers to all users of the Service, including without limitation listing their properties on the Site.
The purpose of this Site is to allow users to offer, provide, sell and buy goods or services related to barns and the animals kept there as well as training services (the “Services”). The actual contract for Services is directly between the provider and buyer. While we may help facilitate the resolution of disputes, BarnWiz has no control over and does not guarantee the existence, quality, safety or legality of the Services advertised by users; the truth or accuracy of users' content or listings; the ability of the providers to provide the Services; the ability of buyers to pay; or that a buyer or provider will actually complete a transaction or return an item. These Terms apply to all users of this Site. If you do not agree to these terms and conditions, do not access this Site, use the Services, or post any listings on this Site. This Site is owned and operated by BarnWiz LLC, a Virginia Limited Liability Corporation.
BarnWiz may change the Terms from time to time. We will notify you of any such changes via email and/or by posting the changes on the BarnWiz Site. Each time you access the Site, you acknowledge and agree to the Terms then present on the Site and in effect. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.
Use of Information: We request information from you for our own legitimate business purposes, such as advertisement, and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis.
You are responsible for maintaining the confidentiality and integrity of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, YOUR SHARING OF SAME WITH OTHERS, A BREACH OF SUCH INFORMATION BY A THIRD PARTY, OR YOUR FAILURE TO OTHERWISE COMPLY WITH THIS SECTION.
Registration consists of either selecting a plan on the BarnWiz list of plans and creating a listing (whether or not the listing is completed and a plan is purchased) or completing the ‘Leasee Sign-Up’ or any substitute URL that may be provided in the future.
If you register as a BarnWiz user (Leaser or Leasee), you accept responsibility for all activities that occur under your username and password, and agree not to sell, transfer or assign your rights. By registering and/or posting Materials (as defined below), you hereby understand and agree that you have established a business relationship between you and BarnWiz. As such, you agree that BarnWiz may contact you using the information you provided with information and offers of services available through BarnWiz and any of its affiliates and related entities, as well as all third-party affiliates and partners. If you believe someone has accessed this Site using your username and password without your authorization, email us immediately at firstname.lastname@example.org. Because email or phone is used to provide certain notifications and services, you must consent to receive email or to receive telephone calls (even if your phone number is or later appears on any DO NOT CALL list) from BarnWiz.
In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to timely maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete you are solely responsible for such errors or inaccuracies and any consequences arising from the lack of accurate information. If we reasonably believe that any information you have provided is not currently accurate and complete, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your account or password, including for all User Content (as defined below) that you (or anyone using your account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, non-commercial purposes only and that your use of the Services is to advertise your own business or to find information related to the lease or potential lease by you of a barn or training service listed on our Site, rather than as a commercial enterprise for a third party.
You agree not to use the Services to do any of the following:
For purposes hereof, “User Content” means materials and information you provide to BarnWiz hereunder, including any real estate listing data, photographs or other related materials, and all text, audio, artwork, pictures, logos or images you provide, including without limitation, any materials relating to you or your property. By providing information to, communicating with, and/or placing material on this Site, including, for example, communication during registration, communication on any BarnWiz bulletin board, message or chat area, blog, posting any listing or other User Content (including without limitation written, graphical or video content), posting information on the personal barn visit scheduler, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (i) you own or otherwise have all necessary rights to the User Content you provide and the rights to use it as provided in these Services; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms; (iii) the User Content will not cause injury to any person or entity; and (iv) if you post a property listing, that you are the owner of the property and have the consent of any and all co-owners of the property, and that all such co-owners collectively possess all necessary rights, title, and interests in such property to list the property for sale.
For all such information and material provided, you grant BarnWiz, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information and material, in any form, media, software or technology of any kind now existing or developed in the future. Further you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees. You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Site, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Site and in compliance with this User Agreement.
You also grant BarnWiz the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that BarnWiz does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to BarnWiz. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against BarnWiz regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Your selection of the various plans available through BarnWiz.com shall be subject to the terms and conditions of the Listing Agreement you enter into with the company.
No refunds will be provided as the result of temporary technical problems with our Site (including without limitation not being able to log in to your account or not being able to upload photos) which cause your property listing to be removed, changed, or unable to be displayed. You are not entitled to any refund based on a temporary service failure or based on a failure to view your property listing that is due to your computer’s or your browser’s failure to meet minimum browser and operating system requirements of the BarnWiz Site. You are also not entitled to any refund based on any technical problems arising, in whole or in part, from the lack of capabilities of your computer or peripheral device. You are responsible for all fees and charges incurred to access our Site through an Internet service provider or other third-party service.
The fees we charge for using our Site are listed on our plans page, which may change from time to time. The fees identified on the plans page are for posting Services for one barn. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and, requesting that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. BarnWiz, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
We are an intermediary for content and services supplied by third parties for display on the BarnWiz Site and viewed and used by users of the Services. Accordingly, we have no editorial control over such content and services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of BarnWiz. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the BarnWiz Site or by anyone utilizing the Services other than authorized BarnWiz spokespersons while acting in their official capacities. We have the right, but not the obligation, to monitor and review the content and services available on the BarnWiz Site and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor content for accuracy or services reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any content and services from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any content and services that violates the Terms that we believe may create liability for us, or that we deem otherwise objectionable.
BarnWiz respects the intellectual property rights of others and expects the users of this Site to do the same. It is BarnWiz’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), BarnWiz will respond expeditiously to claims of copyright infringement committed using this Site that are reported to BarnWiz’s Designated Copyright Agent. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through this Site by completing a DMCA Notice of Alleged Infringement (“Notice”) and delivering it to BarnWiz ‘s Designated Copyright Agent. Upon receipt of the Notice, BarnWiz will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. If BarnWiz removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that the user can contest the removal or disablement.
In order to report alleged copyright infringement, please provide the following information to our Designated Copyright Agent:
Deliver the Notice, with all items completed, to BarnWiz’s Designated Copyright Agent:
Telephone: (833) 227-6911
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that BarnWiz is not responsible for such errors or discrepancies or any consequences arising from such errors or discrepancies.
Returns and Cancellations are handled solely between a buyer and a seller.
You agree to remit all payments when due. The deadlines for all payments will be based on the BarnWiz payment schedule in effect at the time you register or, if different, at the time you renew a listing. BarnWiz reserves the right to delete any User Content you have submitted if you fail to make any payment to BarnWiz when due. You hereby authorize us to process all of these charges to your payment method of record and process any adjustments that may be required unless we have been specifically directed otherwise. You also agree to maintain current information on your payment methods in our records and update any expired or closed credit card numbers prior to the effective date of such expiration or closing. Upon registering as a Leaser with BarnWiz, you will provide BarnWiz a valid credit card number. You authorize BarnWiz to make any charge against such credit card for services provided hereunder in accordance with the terms herein.
From time to time, BarnWiz will communicate with you via email or telephone about announcements, barn visit appointments, listing expiration warnings, new features, products and other services offered by BarnWiz, affiliates, partners, advertisers, and related companies. By purchasing, using or enjoying the services of BarnWiz, you expressly consent and opt-in to receive communication via email or telephone from BarnWiz, affiliates, partners, advertisers, and related companies. BarnWiz may, without further notice or warning and in its discretion, monitor or record telephone conversations between you or anyone acting on your behalf with BarnWiz or its agents for quality control and training purposes or for its own protection.
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. Any concerns you may have regarding any external link should be directed to that link’s website administrator or webmaster. BARNWIZ SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
We do not condone or allow spam by Leasers. We prohibit you from using the Services to promote your own website or any business, product or service through the sending of unsolicited commercial email. We reserve the right to investigate and terminate your rights under this Agreement in the event we reasonably believe a Leaser to be violating this provision
You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded User Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, non-commercial use only.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any User Content posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have violated or acted inconsistently with the Terms. You agree that we may terminate your account if it remains inactive for a period of one (1) year. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR FOR ANY CONSEQUENCES ARISING FROM SUCH TERMINATION. You may discontinue your participation in and access to the Services at any time.
You expressly agree that use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied or statutory, or as to non-infringement or fitness for a particular purpose with respect to the services. We make no warranty that (a) the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the services will be accurate or reliable; (c) the accuracy, reliability or quality of any information, products, services or other material obtained through the services will meet your expectations; (d) defects in the services will be corrected; or (e) the BarnWiz site or the server that makes it available is free of viruses or other harmful components. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your or any other affected computer system(s) or for loss of data that results from the download of such material and/or information. We do not control in any respect any information, products or services offered by third parties, and we make no warranty regarding any goods or services purchased or obtained through the services or any transactions entered into through or as the result of the services.
No advice or information, whether oral or written, obtained by you from BarnWiz or through or from the services shall create any warranty not expressly made herein.
You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will BarnWiz or its officers, employees, contractors, directors, shareholders, parents, subsidiaries, affiliates, suppliers, partners, agents or licensors be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or in any way related to:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless BarnWiz, its affiliates, officers, directors, employees, shareholders, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims (including but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement), liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from or relating to any allegation regarding:(1) any information that you (or anyone using your account) submits, posts or transmits through the Services and used by BarnWiz, (2) your (or anyone using your account’s) use of the Services, (3) your (or anyone using your account’s) violation of these Terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity, (5) any viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the BarnWiz Site or other Services, or (6) your use of BarnWiz.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BARNWIZ HAVE AGAINST EACH OTHER ARE RESOLVED.
You and BarnWiz agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the BarnWiz User Agreement, your use of or access to the Site, or any products or Site sold or purchased through the Site, will be resolved in accordance with the provisions set forth herein.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and BarnWiz, except as otherwise stated in the User Agreement.
You and BarnWiz each agree that any and all disputes or claims that have arisen or may arise between you and BarnWiz relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to BarnWiz's Site, or any products or Services sold, offered, or purchased through BarnWiz's Site shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form identifying the claim and sending to BarnWiz at P.O. Box 216, Purcellville, VA 20134. If you and BarnWiz are unable to resolve the claims described in the notice within 30 days after the Notice is sent, you or BarnWiz may initiate arbitration proceedings. All arbitrations shall be held in Loudoun County or Fairfax County, VA unless another venue is agreed upon by both parties.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and BarnWiz must be resolved exclusively by a state or federal court located in Loudoun County, VA. You and BarnWiz agree to submit to the personal jurisdiction of the courts located within Loudoun County, VA for the purpose of litigating all such claims or disputes.
Certain of the names, logos, and other materials displayed on the BarnWiz Site constitute trademarks, trade names, service marks or logos (“Marks”) of BarnWiz or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by BarnWiz or its licensors (the “Services Content”), is copyrighted by BarnWiz and/or its licensors under United States and international copyright laws, may be subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by BarnWiz or its licensors. The Services Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of BarnWiz and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Services Content. You may use the Services Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Services Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Services Content. If you operate a website and wish to link to this website, you may not do so without advanced written authorization from BarnWiz.. No other use of this Site is permitted without prior written permission of BarnWiz. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
You may not, for example, republish any portion of the Services Content on any Internet, intranet or extranet site or incorporate the Services Content in any database, compilation, archive or cache. You may not distribute any Services Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Services Content. You may not scrape or otherwise copy our Services Content without express written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through BarnWiz, not to insert any code or product or manipulate the Services Content of BarnWiz in any way that affects the user’s experience, and not to use any data mining, robots, data gathering or extraction method in connection with the Site. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
You hereby grant to BarnWiz and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect to the Content you provide to us to be published on the BarnWiz Site or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyperlinked pages or any other Content you do not submit to us.
The Terms constitute the entire and exclusive and final statement of the agreement between you and BarnWiz with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and BarnWiz with respect to the subject matter hereof. The Terms and the relationship between you and BarnWiz shall be governed by the laws of the State of Virginia, with the exception of conflict of law principles, as applied to agreements made, entered into and performed, notwithstanding your actual place of residence. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Site or content contained therein, changes to the administrative tools or functionality of the Site, modification of the “look and feel” of the Site, changes to the format of a property listing or any other part of the Site, and the inclusion of advertising links in association with a property listing or other content available on the Site. Temporary discontinuance of the Services could be for a variety of reasons, including, without limitation, technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Site. If you object to any modifications to the services, your sole and exclusive recourse shall be to cease using the services. Continued use of the services following notice of and/or posting as part of these terms of any such modifications shall indicate your acknowledgment of such modifications and satisfaction with the services as so modified.
BarnWiz’s (and its licensors’) proprietary rights (including any and all intellectual property rights) in and to the Services Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.
Please report any violations of the Terms by emailing info@BarnWiz.com
For more information, please contact us at info@BarnWiz.com