Terms of Service
Last modified on August 31, 2022.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
This website is operated by Brandon Kish Branbear (“Branbear”, “we,” “us” or “our”). These Terms of Service apply solely to your access to, and use of, the brandonkish.com website operated by Branbear and Brandon Kish which links to these Terms of Service (collectively, the “Site”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Branbear and/or Brandon Kish for products, or otherwise.
We reserve the right to alter or change anything offered through the sites, any and all content contained in the sites, any of the terms and conditions included in the Terms of Service or any policy or guideline of the Sites at any time and in our sole discretion. Any modifications or changes to the terms and conditions will become operative instantly upon the revisions being posted on the Site. You waive any right you may have to receive specific notice of modifications or changes. Accordingly, you should review the Terms of Service and applicable policies regularly to comprehend the terms and conditions that apply to your use of the site. You must cease your use of the Site if you are not in agreeance with the amended terms. We are not responsible for any harm or loss related to your inability to use or access the website.
All comments or questions about site content or the Site should be sent to CHANGEEMAIL@SOMETHING.COM
PRIVACY POLICY.
Please read our Privacy Policy to view information on how we collect, use, and disclose information from users of the Site.
COPYRIGHT AND LIMITED LICENSE.
Unless otherwise indicated on the Site, the Site and all content and other materials thereon, including, without limitation, Branbear Publishing Limited’s name, and all designs, text, images, illustrations, videos, photographs, graphics, pictures, information, data, software, tools, widgets, sound files, and other content contained therein, (collectively, the “Site Materials”) are the proprietary property of Branbear and are protected by Canadian and international copyright laws. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. Subject to your compliance with our Terms of Service, you are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our website for your own non-commercial, informational, and personal use. This does not include (1) any commercial use or resale of the Site Materials or the Site; (2) the public display, public performance, reproduction, or distribution of any Site Materials, except as expressly permitted on the Site; (3) altering or otherwise making any derivative uses of the Site Materials and the Site, or any part thereof; (4) use of any robots, data mining, or similar data extraction or gathering practices; (5) downloading (other than page catching) of any portion of the Site Materials, the Site, or any information contained therein, except as permitted on the Sites; or (6) any use of the Site Materials, or Site other than for the intentional motives. This license can be terminated at any time and is revocable at any time, and Branbear reserves the right to prevent or block your future access to and use of the site.
All other registered trademarks, company names, product names, or logos mentioned on the Sites are the property of their respective owners. Reference to any services, products, processes or other information by manufacturer, supplier, trade name, trademark, or otherwise on the Sites does not imply or constitute recommendation, sponsorship, or endorsement thereof by Branbear.
FEEDBACK
You may voluntarily submit or otherwise communicate to us any ideas, comments, questions, suggestions, feedback, creative or original materials, or other information about Branbear, the Site, content, or the products such including but not limited to books (collectively, “Feedback”). You understand that we may use Feedback provided by you in the form of email, or other submissions to Branbear for any purpose without compensation or acknowledgement to you, including to publish, develop, copy, or improve the Feedback in our sole discretion. You understand that Branbear may treat Feedback as nonconfidential.
HYPERLINKS/Third Party Content Links (Not sure what to call it)
We may provide information about third-party activities, events, products, services, and other content available through the Site (the “Third Party Content”), as well as links to third party websites (such as to purchase our books) to those that are interested in this information. Branbear does not make any representations or claims and does not accept any responsibility for the content, reliability, quality, or nature of third-party Websites accessible by hyperlink. Branbear is not in control of these such sites and Branbear is not responsible for the contents of any link contained in a link site, any linked site, or any updates, reviews, or changes, to such sites. Branbear’s use of links does not imply any adoption, affiliation, or endorsement of any site or any information contained therein. Once you leave our Site, you should be aware that our terms and policies will no longer govern your activity. It is important that you review the applicable policies and terms, including data-gathering practices, and privacy of any site which you navigate from our Site.
LIMITATION OF LIABILITY.
The website, and any content are provided on an “as is” and “as available” basis without warranties of any kind, either implied or expressed, including but not limited to, fitness for a particular purpose, implied warranties of merchantability, non-infringement and title. Branbear Publishing does not and cannot warrant or represent and therefore is not responsible for the website, any content within the website, or any links included on the website being including but not limited to current, accurate, error free, reliable, or complete and is not responsible for any errors or omissions including for but not limited to photography and text. Branbear is not responsible if any links on the website (such as including but not limited using the links to go to other pages on the website) do not work or result in including but not limited to any data losses or interruptions.
In no event shall Branbear, the author, employees, volunteers, or agents be liable to you under any theory of liability (whether based in warranty, tort, negligence, contract or otherwise) even if branbear publishing limited or any other branbear publishing limited parties have been advised of the possiiblity of such damages for including but not limited to (1) your conduct in connection with, site, links, or content, (2) your misappropriation, violation, or infringement of any rights of any third party (including privacy or intellectual property rights), (3) your feedback, (4) your violation of these terms, (5), your use of and access to the website.
Branbear is not responsible for including but not limited to consequential, exemplary, punitive, special, direct, or indirect damages, or any other damages of any kind including but not limited to loss of profits, loss of use, or loss of data for including but not limited to damages resulting from or caused by any information obtained from Branbear or that result from interruptions, mistakes, omissions, deletion of email or files, viruses, errors, defects, delays in transmission or operation or any failure of performance whether or not resulting from including but not limited to communications failure, theft, acts of god, destruction or unauthorized access to Branbear’s records, services, or programs or the use of or inability to use, the content, site, site materials, or any links contained in or accessed through the site.
SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.
Applicable Law and Venue
Any dispute arising out of or related to these Terms or your use of the Services will be governed by and construed and enforced in accordance with the laws of the country of Canada and the Province of Ontario applicable to agreements made and to be entirely performed within the Province of Ontario, without regard to its conflict of law provisions. Each party irrevocably consents to the exclusive jurisdiction and venue of the state and provincial courts located in the Province of Ontario for all disputes arising out of or related to these Terms or your use of the Services.
Miscellaneous
Any failure by Branbear and/or Brandon Kish to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms, unless expressly waived in writing by Branbear and/or Brandon Kish. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
