Terms of Use

Welcome to andersonandtaylor.com.  Anderson and Taylor, Inc.™ has created this web site for your personal enjoyment and entertainment.  However, you are only authorized to access this web site or to use the materials contained in the web site if you agree to comply with all applicable laws and with these Terms & Conditions, which constitute an agreement between you and Anderson and Taylor, Inc.™. 

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. 
 
By accessing and using this web site, YOU AGREE TO ALL THE TERMS SET FORTH HEREIN, AND AS HEREINAFTER AMENDED FROM TIME TO TIME.  If you do not agree with them, you must leave this web site immediately.  Anderson and Taylor, Inc.™ reserves the right, in its sole and absolute discretion, to modify or amend these terms and conditions without notice at any time. You should, therefore, regularly read this page to learn about any changes.  If you use the web site after these terms have changed, you will be DEEMED to have agreed to the changes.
 
Definitions
 
The term “Anderson and Taylor, Inc.™” collectively means Anderson and Taylor, Inc.™, and its parents, subsidiaries, affiliates, employees, agents, representatives, officers, directors, managers, shareholders, members, partners, joint venturers, successors, assigns, content providers, service providers, insurers, and underwriters.
 
The terms “we”, “us”, “our”, and/or “ours” or similar types of expressions mean Anderson and Taylor, Inc.™.
 
The term “web site” means andersonandtaylor.com as owned and/or operated by Anderson and Taylor, Inc.™. 
 
The words “Terms” or “these Terms” or similar types of expressions mean the terms and conditions set forth herein and throughout the web site, including, but not limited to, these Terms, the Return Policy, the policy on Submitting Pictures & Stories, and the Big Night Out Sweepstakes Official Rules & Regulations.  If any term or condition elsewhere on the web site conflicts with the Terms set forth herein, then these Terms shall take precedence and control.
 
The term “Service” or “our Service” or similar types of expressions means the web site and all products and/or services offered by, through, or under the web site.
 
The term “Submission” means every picture, photograph, movie, video, image, music, sound, data, textual material, graphics, and/or other information or materials that you, or someone authorized by you, or someone who appears to be authorized by you, send to Anderson and Taylor, Inc.™. 
                                               
The term “Content” means every picture, photograph, movie, video, image, music, sound, data, textual material, graphics, and/or other information or materials included as part of or within a Submission. 
 
Minors
 
Anderson and Taylor, Inc.™’s Service is intended for persons 18 years or older.  Your use of the web site constitutes a warranty and representation that you are age 18 or older. 
 
Privacy
 
Anderson and Taylor, Inc.™ understands the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our Service is designed to allow users to post photographs and information about themselves for public review and comment.  Accordingly, by submitting your photograph and/or any personal information, you thereby waive any privacy expectations you have with respect to our use of your likeness or personal information.  If you do not wish to have your picture or information about yourself viewed by or disclosed to others, do not use our Service. 
 
We may collect certain other personal information from you that we do not post on our Site.  In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent.  However, we reserve the right to transfer such information without your consent to third‑party service providers who help us maintain our Service and deliver information and services to you and other users of our Service. 
 
You further acknowledge, consent and agree that Anderson and Taylor, Inc.™ may access, preserve, and/or disclose your account information, your personal information, and/or Content if required to do so by law or if we believe that such access, preservation, and/or disclosure is reasonably necessary to:  (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Anderson and Taylor, Inc.™, its users, or the public.
 
Representations & Warranties
 
You represent and warrant to us that:  (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Service will not infringe the copyright, trademark, service mark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to, or connected with these Terms, including, but not limited to, contacting other users of our Service; and (d) you own or otherwise have all rights necessary to license the Content that you submit and that the posting and use of your Content by us will not infringe or violate the rights of any third party.
 
How You May Use the Material on Our Web Site
 
All materials contained in this web site are the copyrighted property of Anderson and Taylor, Inc.™.  All trademarks, service marks, trade names, and trade dress are proprietary to Anderson and Taylor, Inc.™ and/or third-party licensors.  All materials in this web site shall only be used by you for personal, non-commercial purposes.  You may view material from this web site for your own use and may download only one copy of any materials on any single computer for your personal, non-commercial use only, and you must keep all copyright and other proprietary notices attached to the downloaded material.
 
Any and all forms of duplication, reproduction, distribution, publication, modification, uploading, downloading, posting, copying or transmission of material from this web site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Anderson and Taylor, Inc.™.  The material covered by this prohibition includes, but is not limited to, any written text, graphics, logos, photographs, images, audio, and/or video material on the web site.
 
You are also strictly prohibited from creating works or materials that are derived or are in any way based on the materials contained in this web site, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise.

 
Terms Concerning Your Submissions

 
You agree that when you send a Submission to Anderson and Taylor, Inc.™, whether through this web site or otherwise, the Submission becomes the sole property of Anderson and Taylor, Inc.™, and Anderson and Taylor, Inc.™ may use, copy, sublicense, adapt, transmit, distribute, publish, display or otherwise use the Submission as it, in its sole and absolute discretion, sees fit.  By making a Submission, you forever waive the right to make any claim against Anderson and Taylor, Inc.™ relating to your Submission and/or Content, including, but not limited to, claims for unfair competition, invasion of privacy, negligence, breach of contract, breach of implied contract, breach of confidentiality, tortious conduct, and/or conduct subject to strict liability.  Without limitation of the foregoing, Anderson and Taylor, Inc.™ shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to the unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without any compensation to the provider of the Submission, except for those limited instances in which the provider might qualify for a $25.00 e-certificate. 

You also agree that Anderson and Taylor, Inc.™ shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and/or marketing products or services incorporating such ideas, concepts, or techniques.  In addition, you hereby waive all moral rights you may have in any materials provided to Anderson and Taylor, Inc.™.  Further, you expressly warrant and represent that all persons in any visual depictions you submit were at least 18 years of age when said visual depiction was created.

You grant Anderson and Taylor, Inc.™ a perpetual, worldwide, non‑exclusive, royalty‑free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and/or promote all Submissions and/or Content provided by you, in all forms of media now known or hereinafter created, anywhere in the world, and for any purpose. 
 
You understand that all Submissions and/or Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.  This means that you, and not Anderson and Taylor, Inc.™, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available to Anderson and Taylor, Inc.™. Anderson and Taylor, Inc.™ does not control the Content posted on the web site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the web site, you may be exposed to Content that is offensive, indecent, or objectionable.  Under no circumstances will Anderson and Taylor, Inc.™ be liable in any way for the Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted, or otherwise made available on the web site.
                                                                                               
You agree not to post or submit any Content that:  (a) is libelous, defamatory, or slanderous; (b) contains sexually explicit content (including nudity); (c) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; (d) exploits images or the likeness of individuals under 18 years of age; (e) encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes); (f) makes use of offensive language or images; (g) characterizes violence as acceptable, glamorous, or desirable; or (h) contains any of your personal contact information other than your e-mail address.
 
We have no obligation to post any Content that you or anyone else submits.  In addition, we may, in our sole and absolute discretion, edit, remove, or delete any Content that you post or submit. 
 
Third-Party Content

 
In your use of our Service, you may access Content from third parties ("Third-Party Content"), either via our Service or through links to third party web sites.  We do not control Third-Party Content and make no representations or warranties about it.  You agree that by using our Service, you may be exposed to Third-Party Content that is false, offensive, indecent or otherwise objectionable.  Under no circumstances will we be liable in any way for any Third-Party Content, including, without limitation, any errors or omissions in any Third-Party Content or any loss or damage of any kind incurred as a result of the use of any Third-Party Content posted, stored, or transmitted via our Service.  You agree that you must evaluate, and bear all risks associated with Third-Party Content, including, but not limited to, profiles of other users of our Service. 

You Agree to Not Use the Service To:
 
1.   Upload, download, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2.   Harm minors in any way;
 
3.   Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
 
4.   Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the web site;
 
5.   Upload, download, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.   Upload, download, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, service mark, trade secret, trade dress, copyright or other proprietary rights ("Rights") of any party;
 
7.   Upload, download, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
 
8.   Upload, download, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other electronic or digital computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
 
9.   Interfere with or disrupt the web site or servers or networks connected to the web site, or disobey any requirements, procedures, policies or regulations of networks connected to the web site;
 
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, the NASDAQ, and/or any regulations having the force of law;
 
11. "Stalk" or otherwise harass another; or collect or store personal data about other users.

You acknowledge that Anderson and Taylor, Inc.™ shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the web site for any reason or no reason whatsoever, whether or not it violates these Terms.  You warrant, represent, and agree that you may not rely on any Content contained on the web site. 
 
User Name & Password 
 

You will select a user name and password when completing any registration process.  You are solely and fully responsible for maintaining the confidentiality of your user name and password, and are solely and fully responsible for all activities that occur under your user name and password.  You agree to:  (a) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session.  We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
 
Termination
 
You agree that Anderson and Taylor, Inc.™ may, in its sole and absolute discretion, terminate your access to our Service for any reason, including, without limitation, your breach of these Terms.  You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service.  Further, you agree that we will not be liable to you or any third party for any termination of your access to our Service. 
 
Indemnity
 
You agree to INDEMNIFY, DEFEND (WITH COUNSEL AS SELECTED BY Anderson and Taylor, Inc.™), and HOLD HARMLESS Anderson and Taylor, Inc.™ from any and all claims, demands, and/or damages, including reasonable attorneys' fees, made by you, or any person claiming by, through, or under you, or any third party due to or arising out of Content you submit, post, transmit or make available through the web site, your use of the web site, your violation of these Terms, or your violation of any rights of another, as well as for all claims of negligence, if any, committed by Anderson and Taylor, Inc.™.  You further agree that the terms of this paragraph are clear, unambiguous, and meet the express negligence test as provided by Wyoming law.
 
Products

Anderson and Taylor, Inc.™ is not responsible for and does not guarantee the price or performance of any goods, products or services advertised on the web site. We reserve the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately on this website, no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
 
Disclaimer of All Warranties

 
IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK.  OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  Anderson and Taylor, Inc.™  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
BBS-SP DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR Anderson and Taylor, Inc.™ COLLECTS WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. 
 
IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK.  YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. 
 
NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM Anderson and Taylor, Inc.™ OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

Limitations of Liability
 
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE; OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS. 
 
Anderson and Taylor, Inc.™ WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND Anderson and Taylor, Inc.™’S CONTROL, WHETHER REASONABLE OR UNREASONABLE, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS. 
 
IN NO EVENT WILL Anderson and Taylor, Inc.™’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICE OR THESE TERMS EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00).
 
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.   IN SUCH STATES, THE RESPECTIVE LIABILITY OF Anderson and Taylor, Inc.™ SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
 
Copyright Claims
 
Pursuant to the Digital Millennium Copyright Act, Anderson and Taylor, Inc.™ has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the web site:
 
(Law firm to be posted shortly)
 
If you believe that any material contained in this web site infringes your copyright, you should notify the above-designated agent of your copyright infringement claim.  Such notification must include the following information:

1.   A description of the copyrighted work that is the subject of claimed infringement;

2.   A description of the infringing material and information sufficient to permit Anderson and Taylor, Inc.™ to locate the alleged material on its web site, as well as sufficient information to permit Anderson and Taylor, Inc.™ to confirm that the material was published elsewhere;
 
3.   Contact information for you, including your address, telephone number, and e-mail address;

4.      A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law;
 
5.   A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
 
6.   A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
 
If you fail to include all of the foregoing information, the processing of your claim may be delayed.
 
18 U.S.C. § 2257 Compliance Notice
 
All pictures, graphics, videos or other visual media displayed on this web site are exempt from the provision of 18 U.S.C. § 2257 and 28 C.F.R. § 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256, but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or do not involve actual performers, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

The owners and operators of this web site are not the primary producer (as that term is defined in 18 U.S.C. § 2257 or subsequent case law defining such) of any of the visual content provided by any user of this web site.
 
Discontinuance of Service
 
Anderson and Taylor, Inc.™ reserves the right at any time to modify or discontinue, temporarily or permanently, any portion of the Service with or without prior notice.  You agree that Anderson and Taylor, Inc.™ will not be liable to you or to any third party for any modification or discontinuance of the Service. 
 
Other Important Terms
 
You agree that our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of our right to enforce such terms in the future.
 
These Terms operate to the fullest extent permissible by law.  If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
 
These Terms contain the entire understanding of the parties regarding their subject matter hereof, and supersede all prior and contemporaneous agreements and/or understandings, whether oral or written, between the parties regarding the subject matter hereof.  These Terms cannot be modified by either an oral agreement or any course of dealing between the parties.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site must be filed within one (1) year after such claim or cause of action arose or be forever barred, and expressly waive any other statute of limitation which otherwise may apply.
 
These Terms are governed by, and construed in accordance with, the laws of the State of Wyoming without regard to conflict of laws principles.  You agree to submit to the exclusive jurisdiction of the courts of the State of Wyoming or the United States District Court for the state of Wyoming for resolution of any dispute, action, or proceeding arising in connection with these Terms or your use or non-use of the web site.  You further agree that all judicial proceedings shall be in a court of competent jurisdiction in Natrona County, Wyoming, and not elsewhere.  You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
 
In the event Anderson and Taylor, Inc.™ is a prevailing party against you in any proceeding, whether judicial, arbitration, or otherwise, then you agree that Anderson and Taylor, Inc.™ shall be entitled to recover all of its attorneys’ fees and expenses of litigation, plus prejudgment interest at the rate of eighteen percent (18%) per annum.  Anderson and Taylor, Inc.™ shall further be entitled to recover all attorneys’ fees incurred for post-judgment collection.
 
All personal pronouns used herein, whether used in the masculine, feminine, or neuter gender, shall include all other genders.  The singular includes the plural and vice versa. 
 
The captions of articles, sections, and paragraphs used herein are for convenience of reference only and shall have no significance in the construction or interpretation of these Terms.
 
"Hereof," "herein," and "hereunder" and words of similar import when used under these Terms shall refer to these Terms as a whole and not to any particular provision of these Terms. 

Contacting Us
If you have any questions about this privacy statement, the practices of this site, or your dealings with this site, you can contact us via email at webmaster@andersonandtaylor.com.

 



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