Top
 

Terms of Use

TERMS OF USE

WEBSITE TERMS OF USE

1. PAYMENT INFORMATION

Any credit/debit card payments and other payments you make through the Site will be processed by our third party payment provider, which is currently Stripe, Inc. (see https://stripe.com), and the payment data submited will be securely stored and encrypted by our payment service provider using current industry standards. Please note that we do not directly process or store the debit/credit card data that you submit. You can find Stripe’s Privacy Policy here: https://stripe.com/us/privacy .

Card or payment data may be stored, however, for the purpose of processing ap- plications, initiating memberships, and collecting membership fees if an applica- tion is accepted.

2. INTELLECTUAL PROPERTY RIGHTS

ask you for further information to verify your identity before we can respond to any request, and we reserve the right to reject a request if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may need to govern your use of our website (www.networkbar.com) (the ‘Site’)

. By using, viSiting, or browsing the Site, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use, visit, or browse the Site.

Your use of the Site and its contents grants no rights to any intellectual property rights owned or licensed by us or our affiliates, including, without limitation, trademarks, logos, graphics, photographs, animations, audio, videos and text, or the intellectual property of third parties in the Site and its contents (collectively, “Information”).

You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute, in any way, the services or Information on the Site or the computer codes of elements comprising the Site, other than for your personal use.

We own or have a license to use the Site and the Information found therein, whether provided by us independently or in conjunction with other parties. The Information is copyrighted material of each respective owner and protected by these Terms of Use. The Information may not be used without the express written permission of us or the respective owner. You may be permitted to download or copy the contents of the Site to a single computer for your personal, non- commercial use. Downloading or copying Information from the Site does not trans- fer any right, title or interest in the downloaded or copied material, and we or the respective owner retains all intellectual property rights therein. Modification or use of the Information for any purpose other than for personal use as set forth herein is strictly prohibited. Except as otherwise permitted herein, our written consent is required for any use of the Information.

3. SITE USE;INDEMNIFICATION
You agree that you will not use the Site:

• in any way that may lead to or encourage any criminal activity;
• for any purpose other than its intended purpose.

in any manner that could damage, disable, overburden, or impair our servers or the network(s) connected to any other server, or interfere with any other party’s use and enjoyment of the Site; to obtain or attempt to obtain any materials or information through any means not intentionally made available at the Site; or

You will be solely liable for any lawsuits, claims, proceeding, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penal- ties, settlement amounts, fines or other costs resulting from your misuse of the Site.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE NETWORK BAR, LLC, AND ITS OFFICERS, MANAGERS, MEMBERS, AFFILIATES, EMPLOYEES, ATTORNEYS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES

AND COSTS) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, PROPER- TY, OR PRIVACY RIGHT; OR (IV) ANY OTHER THIRD-PARTY CLAIM. ALL OBLIGATIONS SET FORTH IN THIS SECTION WILL SURVIVE THESE TERMS OF USE, THE DEACTIVATION OR TERMINATION OF YOUR MEMBERSHIP, AND YOUR USE OF THE SITE.

We reserve the right to suspend, restrict or terminate your access to the Site at any time without notice at our discretion.

4. LINKS TO AND FROM OTHER WEBSITES

We may provide links to third party websites from time to time (via advertising or otherwise). These links are provided for your ease of reference and convenience only, and shall not imply any joint arrangement or agreement between us and such third party. If you do use these links to leave our Site, you should note that we do not have any control over those other websites. Therefore, we cannot be respon- sible for the protection and privacy of any information which you may provide while visiting such sites, and such sites are not governed by this privacy state- ment. You agree that you will not involve us in any dispute between you and any third party regarding third party websites. We suggest you exercise caution and look at the applicable privacy statement to the websites in question.

Unless you obtain prior written authorization from us, you will not create or estab- lish any link between any other network or website addresses and our Site. For written authorization to do so, please contact us at info@networkbar.com.

5. YOUR LEGAL OBLIGATIONS AND PROMISES TO US You represent, warrant, acknowledge and confirm that:

  • you are 21 years of age or older;
  • you will not circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content therein or enforce limitations on use of the Site or content therein;
  • all information provided by you to us (including on registration or your member- ship application) are and will be true, accurate and complete in all respects and at all times (note that you can update or correct personal information at any time by emailing us at info@networkbar.com); and
  • you will comply with these Terms of Use.

6. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

All content and services on the Site are provided by us on an ‘as is’ and ‘as availa- ble’ basis. We do not make any representation or give any warranty (whether ex- press or implied) in respect of the Site or its content, including, without limita- tion, any advice given (on a personal or general basis) and statements made by third parties on or via the Site. Any actions taken by you, on the basis of infor- mation provided on or via the Site, are at your sole discretion and risk, and you should obtain individual, professional advice where necessary.

IN NO EVENT SHALL THE NETWORK BAR, LLC, ITS OFFICERS, MANAGERS, MEMBERS, AFFILIATES, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDI- RECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEV- ER, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR EXPECTED REVENUE, LOST PROFITS, OR LOSS OF BUSINESS, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANS- MITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CON- TRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AD- VISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIA- BILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICA-

BLE JURISDICTION.

While we use reasonable efforts to correct any errors or omissions as soon as prac- ticable once they have been brought to our attention, we do not warrant that the Information on the Site itself will be free from errors or omissions.

Access to the Site may be suspended or terminated, without notice, at our discre- tion or in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

7. SECURITY AND PRIVACY

We will take appropriate technical and organizational security measures to protect the personal data that you submit to us against unauthorized or unlawful access, destruction or damage, although we cannot guarantee the security of personal da- ta transmitted to us.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password or log-in which enables you to access certain restricted parts of our Site, you are responsible for doing everything you reasonably can to keep these details secret. We ask you not to share those credentials with anyone and urge you to be careful about giving any information to any other third party.

If you enroll in The Network Bar Mailing List (or similar mass-communication medi- um), we will use your personal data, if any, for the purpose of maintaining the list and providing you with information and updates.

8. CHANGES TO THESE TERMS OF USE

We are constantly looking for new ways to improve our Site and our methods of communication to our users. We therefore reserve the right to change, modify, al- ter or revise these Terms of Use, or any of the information contained on our Site.

By using the Site, you agree to be bound by any such changes, modifications, al- terations or revisions. You should periodically review these Terms of Use so that you may be aware of any changes, modifications, alterations or revisions. Failure to do so will not relieve you of the obligation to be bound by any changes, modifi- cations, alterations or revisions. Any changes, modifications, alterations or revi- sions to these Terms of Use will be posted on this page.

9. GOVERNING LAW AND JURISDICTION

The use of the Site and these Terms of Use shall be governed in accordance with the laws of the State of Texas, United States of America. You agree that the Site shall be deemed solely based in Texas, and the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. If you use the Site from locations other than the State of Texas, you are solely responsible for compliance with any and all applicable state, local, federal or international laws. ANY CLAIM OR DISPUTE ARIS- ING UNDER THESE TERMS OF USE SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN DALLAS COUNTY, TEXAS.

10. ENTIRE AGREEMENT; SEVERABILITY; FEEDBACK; CONTACT

These Terms of Use, together with the Privacy Policy and any other legal notices published by us on the Site, shall constitute the entire agreement between you and us concerning the Site. If any provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect. Any questions, com- plaints or comments regarding these Terms of Use, the Privacy Policy, or our Site should be addressed to info@networkbar.com.

Last updated August 7, 2017

X