Please read the following Terms of Use very carefully before using this site.

Use of this website creates a binding agreement between us to comply with these Terms of Use.

If you do not agree to the terms set forth below, you must exit this website immediately.

 

The following text contains a legally binding agreement between you and the owner of this website, Pinebrook Holdings, LLC, a Missouri limited liability company ("Owner").  We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time, without notice to you.  You are responsible for periodically checking these Terms of Use for changes.  If you comply with these Terms of Use, you have a personal, non-exclusive, revocable, non-transferable, limited privilege to enter and use this site.

 

Your Use is Limited

 This site, the content contained on this site, any material downloaded, and all intellectual property pertaining to or contained on this site (including copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Owner or licensed from third parties and all right, title and interest therein shall remain the property of Owner and/or such third parties (collectively, the “Content”).  All Content is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.

 

You are only authorized to view and retain a copy of the pages of this site for your own personal, non-commercial use.  You may also view and make copies of relevant to documents, pages, images or other materials on this site for the purpose of transacting business with us.  You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit this site, or any portion of this site for any public or commercial use without the express written consent of Owner.  Additionally you agree that you will not (a) remove or alter any author, trademark or other proprietary notice or legend displayed on this site (or printed pages produced from this site), and (b) make any other modifications to any documents obtained from this site other than in connection with completing information required to transact business with Owner or its affiliates.

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As a condition of your use of this site, you warrant to Owner that you will not use this site for any purpose that is against the law or prohibited by these terms.  If you violate any of these terms, your permission to use this site automatically ends.

You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data, or content found on this site or accessed through this site.  You may not republish our content or other content from this site on another site or use in-line or other linking to display such content without our permission.  You may not introduce viruses, spyware or other malicious code to this site.  You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our site is virus free.

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Links to other Sites

This site may contain links to websites controlled or offered by third-parties.  We hereby disclaim liability for any information, materials, products or services posted or offered at any of the third-party sites linked to this website. By creating a link to a third-party website, we do not endorse or recommend any products or services offered or information contained at that website, nor are we liable for any failure of products or services offered or advertised at those websites. Such third-party may have a privacy policy different from ours and the third-party website may provide less security than this site.

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Disclaimer of Warranties

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. NEITHER OWNER NOR ITS AFFILIATES WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

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OWNER MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND OWNER DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. OWNER RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.

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Limitation of Liability

IN NO EVENT WILL OWNER OR ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND MEMBERS BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, LOSSES OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF FLEXIBLE OWNER, OR ITS REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE TOTAL LIABILITY OF OWNER AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO TWENTY-FIVE DOLLARS ($25.00) OR TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

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Because some jurisdictions may not allow the exclusion of implied warranties or limitation of certain types of damages, some of the above limitations and exclusions may not apply to you.  Check your local laws.

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Indemnity

You agree to indemnify and hold harmless Owner and its affiliates and their respective agents, employees, officers, directors, and agents (the "Indemnified Parties") from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (a) materials and content you submit to, post to or transmit through this site, or (b) your use of this site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without Owner’s prior written consent.

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Privacy

Our Privacy Policy applies to the use of this site, and its terms are made a part of these Terms of Use by this reference.  Additionally, by using this site, you acknowledge and agree that internet transmissions are never completely private or secure.  You understand that any message or information you send to this site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions.

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Use by Minors

This site is not directed at children under the age of thirteen (13) and Owner does not knowingly collect personal information from any child under the age of thirteen (13) at this site.

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Dispute Resolution

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the applicable arbitration exceed $125, and you are unable to pay the additional fees and deposits, Owner retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator.  In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Owner retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.  You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

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Miscellaneous

Any failure by us to enforce any of these Terms of Use shall not constitute a waiver of such rights or terms.  If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.  These Terms of Use constitute the entire agreement between you and us with regard to your use of the site, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.  We will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected.

 

This site and its contents are directed to persons residing in the United States of America.  You may not use or export or re-export any portion of this site or its contents in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.