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Access to and usage of website content, pages, services, rules and/or material bind you to these terms and conditions, which may be amended from time to time, which amendments are hereby referenced and incorporated herein.
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INDIVIDUAL USE: You are only authorized to visit, view and copy pages of this Site for your individual use only. You are not authorized to duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than your sole individual use, unless with the express written consent of OffBeat, Inc. You are not permitted to send Site materials or disclose trade secrets unless: a) you are the copyright owner or licensee; or, b) you own or have permission to disclose trade secrets.
LINKS: OffBeat, Inc. may provide links to other sites from time to time. OffBeat, Inc. does not endorse nor is it responsible for content of linked sites.
RIGHT TO RESTRICT AND TERMINATE: OffBeat, Inc. has the right to terminate this Agreement at any time, in its sole discretion. We may refuse and/or restrict anyone from access to this Site, in our sole discretion. OffBeat, Inc. shall have no liability for restricting and/or terminating usage of this Site.
NO WARRANTIES: YOU USE THIS SITE AT YOUR OWN RISK. OUR PRODUCTS ARE SOLD “AS IS” , SUBJECT TO AVAILABILITY. PRODUCTS ARE SOLD WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY FOR A PARTICULAR PURPOSE, REHIBITION, QUANTI MINORIS, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. OFFBEAT, INC. DOES NOT WARRANT THAT IT WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, OFFBEAT, INC. DOES NOT WARRANT THAT INFORMATION ON OR THROUGH THIS SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN A PARTICULAR JURISDICTION AND ACCESSING THEM FROM JURISDICTIONS WHERE ITS CONTENT IS ILLEGAL OR UNAUTHORIZED IS EXPRESSLY PROHIBITED.
LIMITATION OF LIABILITY. OFFBEAT, INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THROUGH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN WHOLE OR IN PART, THEN THE AGGREGATE LIABILITY OF OffBeat, Inc. FOR ANY REASON SHALL BE LIMITED TO DIRECT DAMAGES INCURRED UP TO THE SUM OF TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS, U.S..
CHOICE OF LAW. The Site is controlled by OffBeat, Inc. from within the State of Louisiana. By accepting this Agreement, you agree that the laws of the State of Louisiana shall govern all matters relating to this Agreement and that Louisiana law will apply and agree to the exclusive jurisdiction and venue of the State and Federal courts in Louisiana, U.S.A. Any claim or cause of action arising from this Agreement or Site, must be commenced within one (1) year from date such claim or cause of action arose or be forever barred.
MISCELLANEOUS. This Agreement constitutes the entire agreement between you and OffBeat, Inc. and governs your use of Site herein, and supersedes any previous such agreement, if any. This Agreement may be amended by any agreement you enter into with OffBeat, Inc. pursuant to a registration to access this Site. The failure of OffBeat, Inc. to exercise any right pursuant to this Agreement shall not constitute a waiver of such right .