Terms & Conditions

TERMS AND CONDITIONS OF USE OF WEB SITE

THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND BARNA & COMPANY ("BARNA"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING AND/OR OTHERWISE USING THIS WEB SITE ("SITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING U.S. EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, BROWSE AND/OR USE THIS SITE.

THE MATERIAL PROVIDED ON THIS SITE IS PROTECTED BY LAW, INCLUDING, BUT NOT LIMITED TO, UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. THIS SITE IS CONTROLLED AND OPERATED BY BARNA FROM ITS OFFICES WITHIN THE UNITED STATES. BARNA MAKES NO REPRESENTATION THAT MATERIALS CONTAINED IN THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

These terms and conditions of use apply exclusively to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Barna for products, services or otherwise. Further, if you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.

USE RESTRICTIONS

1. Copyright. All Site materials, including, without limitation, text, graphics and other files and the selection and arrangement thereof are copyrighted materials of Barna & Company © 2005, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download or transmit any material on this Site for commercial use without prior written approval of Barna. You may not "mirror" any material contained on this Site on any other server without prior written permission from Barna. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

2. Trademarks. The trademarks, service marks, trade names and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Barna and others. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Barna, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Barna. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Barna or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Barna or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited. The following are registered trademarks of Barna in the United States and other countries:

Jim Barna Log Systems

3. Hyperlinks. You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry page of this Site and does not portray Barna or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Barna trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Barna's express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Barna has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including privacy policies or lack thereof. Barna does not endorse or make any representations about third party Sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

4. Downloadable Materials. Any software, including codes, or other materials that are made available to download from this Site are the copyrighted work of Barna and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software or other materials to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Barna in the case of codes or other downloadable materials.

DISCLAIMER WARRANTY

THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BARNA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, INCLUDING ANY WARRANTIES CONCERNING YEAR 2005 COMPLIANCE OF PRODUCTS, SERVICES OR SOFTWARE SOLD OR OTHERWISE MADE AVAILABLE ON THIS SITE. BARNA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND BARNA MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. BARNA DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BARNA DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL BARNA, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES), DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of Barna's or other owner's proprietary rights in them.

REVISIONS TO THIS AGREEMENT

Barna may revise this Agreement at any time without notice by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

TRANSMISSIONS

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Barna or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Barna will be handled in accordance with Barna's Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

APPLICABLE LAWS & SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this Agreement shall be in an appropriate state or federal court located in the State of Tennessee.

Should any part of this Agreement be found to be illegal or otherwise unenforceable, Barna and you shall continue to be bound under the remaining terms of this Agreement.