LAST UPDATED: 9.17.2018
- DESCRIPTION OF THE SERVICES. Through the Site, we provide you with access to a variety of resources and services, including, product information and details about how you may purchase Barefoot products (collectively, the “Services”).
- INTELLECTUAL PROPERTY; LIMITED LICENSE. You acknowledge that the Site, Services, and all Related Content and other materials, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of Barefoot or its licensors and are protected by US and International copyright, trademark and/or other intellectual property laws.
If you agree to all the terms and conditions of these TOU, you are granted a limited, non-sublicensable, non-transferable license to access and use the Site, Services and related content. This license is subject to these TOU and does not include: (i) any resale or commercial use of our Site, Services, or the Service Materials therein; (ii) the distribution, public performance or public display of any Service Materials; (iii) modifying or otherwise making any derivative uses of our Site, Services, and the Service Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) any portion of our Site, Services, the Service Materials or any information contained therein, except as expressly permitted in these TOU; or (vi) any use of our Site, Services, or the Service Materials other than for its intended purpose. Any use of our Site, Services, or the Service Materials other than as specifically authorized in these TOU, without our prior written permission, is strictly prohibited and will terminate the license granted in these TOU. Such unauthorized use may also violate applicable laws including, but not limited to, copyright, trademark and/or other intellectual property laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these TOU will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, at our sole and absolute discretion.
- RESTRICTIONS. WITHOUT LIMITING THE FOREGOING AND UNLESS EXPRESSLY AGREED TO OTHERWISE IN WRITING BY BAREFOOT: (I) YOUR USE OF THE SITE, Services AND SERVICE MATERIALS are for your personal, non-commercial use; (II) YOU ARE EXPRESSLY PROHIBITED FROM COPYING, REPRODUCING, MODIFYING, DISTRIBUTING, TRANSMITTING, DISPLAYING, PERFORMING, PUBLISHING, LICENSING, CREATING DERIVATIVE WORKS FROM, TRANSFERRING AND/OR SELLING ANY OF THE SERVICES AND/OR SERVICE MATERIALS.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY. Certain sections of, or offerings from, the Site may require you to register for a member account. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only, unless authorized in writing by us. Unless previously authorized in writing by us, we do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are solely responsible for preventing such unauthorized use.
- USE. You agree to use the Site, Services and/or Service Materials solely: (i) for their intended purpose; (ii) pursuant to these TOU; (iii) pursuant to the terms and conditions of the Barefoot Acceptable Use Policy (“AUP”) and (iv) in accordance with all applicable policies, laws and/or regulations.
- INTERNATIONAL ACCESS. The Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
- THIRD PARTY CONTENT. Barefoot may occasionally provide links to third party sites on the Site. The linked sites are not under the control of barefoot and barefoot is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such linked sites. Barefoot is not responsible for webcasting or any other form of transmission received from any linked site. Barefoot is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by barefoot of any linked site.
- WARRANTY DISCLAIMER; LIITATION OF LIABILITY. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, SERVICES, SERVICE MATERIALS AND/OR ANY OTHER CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, “SITE SERVICES") ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY SITE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY SITE SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL SITE SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT KNOWN, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES AS A RESULT OF CONTACT WITH THIRD PARTIES AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED VIA THE SITE SERVICES OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO THE SITE SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- INDEMNIFICATION. You agree, at your sole expense, to defend, indemnify and hold Barefoot, its directors, employees and agents, independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings, at law or in equity, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of our Site, Services, and/or Service Materials; (ii) your conduct; (iii) your violation of these TOU or any other Barefoot policy or applicable law and/or regulation; or (iv) your violation of the rights of any third party.
- GOVERNING LAW; VENUE. Any dispute arising under or in connection with the subject matter contemplated herein or related to such subject matter shall be governed by, and construed in accordance with, the substantive laws of the State of New Hampshire - USA, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against Barefoot must be resolved by a court located in Merrimack County New Hampshire, except as otherwise agreed by the Parties. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. In addition to any other relief awarded, the prevailing Party in any action arising out of your use of or access to the Site Services shall be entitled to its reasonable attorneys’ fees and costs.
- Waiver. Barefoot’s failure to strictly enforce any provision of our Terms and/or Policies will not constitute a waiver of any such provision.
- Entire Agreement. These TOU and any other applicable Barefoot policies, and any updates thereto, constitute the entire agreement between you and Barefoot concerning Site Services and supersedes all prior understandings, agreements and documentation relating to such subject matter.
- CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that anything made available via our Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit 4D Technologies to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. 512(c) (3). You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
If a notice of copyright infringement has been filed against you, you may file a counter notification with 4D Technologies’ designated agent at the address listed below. Such counter notification must contain the following information:
- physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If Barefoot receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.
Contact for DMCA complaints:
Email – DPO@barefoot.com
Phone – 1-877-799-1110
- INCIDENT REPORTING. Report violations of these TOU, spam, or other similar issues or problems at: email; or by mail at Barefoot Technologies Corporation, 41 Liberty Hill Rd. Bldg. 5, PO BOX 274, Henniker, New Hampshire 03242.