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FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
These Terms of Use describe the terms and conditions that govern your use of the current and future online and mobile websites, platforms, services, applications, and networks owned or operated by BleedingRedWhiteAndBlue.com. (“BRWB”). You accept and agree to be bound by these Terms of Use when you use any of the Sites, without limitation, when you view or access content or videos on any of the Sites. The Sites are designed for and targeted to adults. They are intended solely and exclusively for individuals who are at least 18 years of age or older. In order to use and access the features and services provided by the Sites you must be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located). If you are not an adult, please stop and discontinue your use of the Sites.
Please read our Privacy Policy, which also governs your visit to BleedingRedWhiteAndBlue.com, Herein also referred interchangeably as BRWB.
When you visit BleedingRedWhiteAndBlue.com, comment, or send e-mails to us, you are communicating with us electronically. This communication made by you conveys your consent to our electronic communication. This includes emailing you back, commenting directly towards you, or any other electronic communication available in the future. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Should you wish to withdraw future consent, or stop communication from us, feel free to comment on our contact us page, or send us an email at bleeding.red.white.n.blue@gmail.com. Please include in your comment or email, your name, contact info, or any other information we can use to identify you. Any information provided in this manner will not be public, and will only be used internally to cease communication.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BRWB or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BRWB and protected by U.S. and international copyright laws. All software used on this site is the property of BRWB or its software suppliers and protected by United States and international copyright laws. Reproduction of any content whatsoever does constitute a violation of said copyright laws and may be subject to legal action.
BleedingRedWhiteAndBlue.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BRWB. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BRWB. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BRWB and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing BRWB’s name or trademarks without the express written consent of BRWB. Any unauthorized use terminates the permission or license granted by BRWB. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BRWB so long as the link does not portray BRWB, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BRWB logo or other proprietary graphic or trademark as part of the link without express written permission.
The contents of BleedingRedWhiteAndBlue.com, such as text, graphics, images, information obtained from BRWB’s licensors, and other material contained on BRWB (“Content”) are for informational and entertainment purposes only. The Content is not intended to be a substitute for professional medical, nutritional or fitness advice, diagnosis, therapy or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have prior to starting any new diet, exercise regimen or any question you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, seen or heard on BRWB.
If you think you may have a medical emergency, call your doctor or 911 immediately. BRWB does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on BRWB. Reliance on any information provided by BRWB, , BRWB employees, others appearing on BRWB at the invitation of BRWB, or other visitors to BRWB is solely at your own risk.
BRWB may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use BRWB.
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BRWB reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, including emails sent to official email addresses of BRWB, (including personal email addresses of principals and employees of BRWB) or our agents, employees, affiliates or assigns, and unless we indicate otherwise, you automatically grant BRWB and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BRWB and its affiliates and sublicensees the right to use all information including, without limitation, the name, address, business name, phone number and email address that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by BRWB and/or by any person authorized by BRWB by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BRWB or its affiliates for all claims resulting from content you supply. BRWB has the right but not the obligation to monitor and edit or remove any activity or content. BRWB takes no responsibility and assumes no liability for any content posted by you or any third party.
Any and all correspondence sent to BRWB, its agents, employees, affiliates or assignees, including any documentation, images, or personal information in the content of such correspondence, are considered property of BRWB. BRWB reserves the right to reproduce such correspondence, in whole or in part, in any media. You agree that you or your successors, licensees or assigns, will not at any time claim or assert that any information in connection with such content published by BRWB or its affiliates constitutes a violation of any of your rights, including, without limitation, your right to privacy, publicity, false light, and the right to bring and prosecute an action for defamation. You hereby release BRWB, its successors, assigns, licensees, agents, employees and affiliates of and from any and all claims by or under your authority arising out of the publication of any correspondence you send to us.
From time to time, if ever, BRWB may expressly request submissions of ideas, concepts, stories or other potential content (“Contributions”) from you. Please carefully read any specific rules or other terms and conditions which appear on the website which govern those submissions. If no additional terms govern those submissions, then these Conditions of Use will apply in full to any Contributions you make.
By submitting your Contributions, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BRWB is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BRWB shall be entitled to use or disclose (or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide; (d) BRWB may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BRWB without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from BRWB under any circumstances.
BleedingRedWhiteAndBlue.com may make certain forums available that allow registered users and visitors the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively “Forums”). All participants in these Forums are solely responsible for the information and other content the post on and through these Forums and should be aware that when they voluntarily disclose personal information on or through these Forums, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline messages from such viewers. Participants in these Forums are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
BRWB does not represent or warrant the truthfulness, accuracy or reliability of any material posted on or through the website by any party, nor does BRWB endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of BRWB.
BleedingRedWhiteAndBlue.com may occasionally take part in affiliate advertisement, or display advertisements and promotions from third parties on our website, both in writing, or by banner. Any advertisement displayed in banner are in no way the opinions of BRWB, its principals or employees. Any advertisement in writing is made purely on a commentary basis. Your business dealings or correspondence with, or participation in promotions of, advertisers other than BRWB, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. BRWB is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
BleedingRedWhiteAndBlue.com and its affiliates attempt to be as accurate as possible. However, BRWB does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
THIS SITE IS PROVIDED BY BLEEDINGREDWHITEANDBLUE.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRWB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRWB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRWB DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BRWB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRWB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WITHOUT LIMITING THE FOREGOING, BRWB, ITS LICENSORS, AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
1. THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF BLEEDINGREDWHITEANDBLUE.COM.
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IN ADDTION, NO ORAL ADVICE OR WRITTEN INFORMATION TRANSMITTED OR COMMUNICATED BY BLEEDINGREDWHITEANDBLUE.COM, ANY AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. YOU AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH BRWB, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF BRWB OR ANY MATERIAL, INFORMATION OR PRODUCTIONS FOUND ON OR ASSOCIATED WITH BRWB.
OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER BLEEDINGREDWHITEANDBLUE.COM NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, NUTRITIONAL, FITNESS, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless BleedingRedWhiteAndBlue.com, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to BRWB from and against all claims, losses, injuries, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of this site by you. BRWB reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BRWB in asserting any available defenses. To the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Both parties also waive the right to a jury trial.
BleedingRedWhiteAndBlue.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does BRWB endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of BleedingRedWhiteAndBlue.com.
BleedingRedWhiteAndBlue.com routinely contains links to external, third party websites. By providing links to other sites, BRWB does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to BleedingRedWhiteAndBlue.com.
BRWB does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to BleedingRedWhiteAndBlue.com assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster. BRWB holds no responsibility for purchases, any difficulties or any losses experienced as a result of these third parties, their products, or services.
The following are the official rules for all contests/sweepstakes/giveaways on BleedingRedWhiteAndBlue.com, if any, unless otherwise noted.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
All winners must be 18 years of age or older, unless otherwise stated and/or posted.
Winners of random email, Social Media, or other contests will be chosen at random from emails, tweets, comments, or other requested responses received. Entrants must send entries using the correct contest entry email address, subject line, and/or any other specific entry information and mode requested in the contest announcement. BRWB is not responsible for and will not consider incomplete or incorrect entries, or emails, tweets, or other modes of requested responses sent but not received by BRWB for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address or twitter handle used to send the email, tweet, or other mode of requested response will be considered for contest entry, unless multiple entries are specifically stated allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses or twitter handles.
By participating in any contest or sweepstakes offered on the website, you release BRWB, the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no way responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold BRWB and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue any claims, of any nature, arising in connection with the inclusion in, publication via or display on BRWB, or any other use authorized under these Terms, of any photo or information submitted to the website by you.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. If the specified prize becomes unavailable due to unforeseen circumstances, BRWB may substitute a prize of like or equal value. BRWB reserves the right to alter any rules of any contest at anytime, at our discretion.
BRWB may launch contests requiring entrants to send in photo, text or other content for display on the website which will be judged entirely at the sole discretion of BRWB. By submitting any photo or information to BRWB, you hereby grant to BRWB and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to BRWB includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.
By submitting any photo or information to BRWB, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to BRWB herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that BRWB shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to the website.
You understand and intend that any photo or information submitted by you to BRWB may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to the website. By submitting any photo or information to BRWB, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to the website. Photos or information submitted by you to the website shall be the property of BRWB, and BRWB shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
By visiting BleedingRedWhiteAndBlue.com, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BRWB or its affiliates.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in Clark County, Nevada, before one (1) arbitrator. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures at the Las Vegas office of JAMS including the Optional Appeals Procedure. The arbitrator shall be a disinterested attorney or retired judge experienced in entertainment matters. Such arbitration shall include discovery proceedings as provided under Section 38.233 of the Nevada Revised Statutes. Judgment on any award may be entered in any court of competent jurisdiction. The Parties hereto consent to the jurisdiction of the Superior Court of the State of Nevada, for purposes of enforcing this arbitration agreement and proceedings and entry of judgment on any award and further consent that any process or notice of motion or other application to the Court or the judge thereof may be served by certified or registered mail, return receipt requested. The prevailing party shall be awarded costs and reasonable attorneys fees associated with the arbitration.
The arbitration will be conducted in private, and will not be open to the public or the media. No matter relating to the arbitration, including, without limitation, the nature of the dispute, testimony, evidence or result may be made public, reported to any news agency or publisher or disclosed to a party not involved in the arbitration. Since a public hearing or arbitration arising hereunder might cause disclosure of confidential information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or arbitration arising out of this Agreement, all Proprietary Information or other confidential information, including the terms and conditions of this Agreement, shall be filed under seal and the court or the arbitrator(s) may issue a protective order restricting the disclosure and limiting the use of such information to any such proceedings.
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to BleedingRedWhiteAndBlue.com. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. Your continued use of the site will be deemed as irrevocable acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You may use our contact us page, linked below and at the top of this page. You may also send us an email at bleeding.red.white.n.blue@gmail.com.. No assurance, guarantee, or obligation to reply is provided with any of these contact methods.
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