Terms and Conditions of Website Use
Welcome to the Practical Reviews website, owned by Oakstone Publishing, LLC ("Oakstone"), located at http://www.practicalreviews.com (the "Website"). Please read the following terms and conditions ("Terms") of use carefully before using the Website. Without any additional action on your part, your use of, access or viewing of, or submission of any content to or through the Website is subject to, and constitutes your acceptance of and agreement with, these Terms.
Content Owned By Oakstone. All content on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, video clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), is the exclusive property of Oakstone, its subsidiaries, operating divisions, successors, assigns, licensors, or content providers. All content on the Website is protected from unauthorized copying and dissemination by United States copyright law, international conventions, and other intellectual property laws. Except as otherwise noted on the Website, Oakstone owns all trademarks, service marks, tradenames, domain names, logos and other distinctive brand features displayed on the Website. Nothing on the Website grants or should be construed as granting any right or license in or to any trademark, service mark, trade name, domain name, or logo or other intellectual property rights, all of which Oakstone (or their respective owners) reserve. You must abide by any copyright notice or restriction contained on any part of the Website.
Permitted Uses. You may access, view, copy, download, and print the content contained on the Website, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material.
Prohibited Uses. You may not copy, reproduce, duplicate, sell, trade, distribute, transmit, broadcast, display, reverse engineer, decompile, exploit, or modify any part of the Website or extract or attempt to extract any source code from the Website. You may not circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any information, or which enforce Website use limitations. You may not transmit unsolicited or unauthorized advertisements, marketing materials, spam, messages, chain letters or unsolicited commercial electronic mail; transmit material that may be libelous, abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; transmit files, graphics, software, or other material that actually or potentially infringes, violates, breaches or constitutes an unauthorized use or misappropriation of any intellectual property right, including any copyright, trademark, patent, trade secret or other intellectual property or proprietary right of any person or entity; submit, post, introduce or transmit any Virus to or through the Website; engage in the systematic retrieval of data or other content from the Website by any means (including, the use of scrapers or other tools) to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Oakstone; interfere with or disrupt servers or networks connected to the Website; or engage in any other activity that is prohibited by law or applicable regulations. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
Termination of Use. Oakstone reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Oakstone may be entitled at law or in equity.
Website Content. Oakstone is not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information or information that is not current and is provided for your reference only. Oakstone reserves the right to modify the contents of this Website at any time, but it has no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
Submitted Materials. You acknowledge that you are responsible for any material you submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Website any content that violates the prohibited uses. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
If you do submit material, and unless we indicate otherwise, you grant Oakstone and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media now known or hereinafter devised. You further agree that Oakstone is free to use any ideas, concepts, or know-how that you provide to Oakstone. You grant Oakstone and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Oakstone for all claims resulting from content you supply.
Registration/Passwords. Some features available on this Website may require registration. By registering, you agree to provide true, accurate, current and complete information. Some features on this Website may require use of a password. You are responsible for protecting your password. You will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you become aware of any loss, theft, or unauthorized use of your password, notify Oakstone immediately. Oakstone assumes that any communications Oakstone receives under your password have been made by you unless Oakstone receives notice otherwise.
No Warranties. YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES IS AT YOUR OWN RISK. AS BETWEEN OAKSTONE AND YOU, YOU WILL BE SOLELY RESPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE AND LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. NEITHER OAKSTONE NOR ANY OF ITS AFFILIATES NOR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, LOST PROFITS OR SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY LINKED WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OAKSTONE MAKES NO AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ANY INFORMATION ON THE WEBSITE, AND YOUR USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE ACCURACY, CURRENCY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OAKSTONE MAKES NO REPRESENTATIONS THAT: YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION ON THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR DEFECTS IN THE WEBSITE WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of implied warranties; therefore the preceding exclusion may not apply in whole or in part to you.
No Assumption of Liability. OAKSTONE ASSUMES NO AND DISCLAIMS ALL LIABILITY FOR ANY: MISTAKES OR INACCURACIES IN THE INFORMATION ON THE WEBSITE; ANY FAILURE OR REFUSAL TO UPDATE ANY INFORMATION ON THE WEBSITE; PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION ON THE WEBSITE; ANY UNAUTHORIZED ACCESS TO OR USE OF OAKSTONE'S SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED IN OR ON OAKSTONE'S SERVERS; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; ANY PROGRAM ROUTINE, DEVICE, CODE OR INSTRUCTION OR OTHER FEATURE THAT A THIRD PARTY MAY SUBMIT, POST, INTRODUCE OR TRANSMIT TO OR THROUGH THE WEBSITE THAT IS CAPABLE OF ACCESSING, MODIFYING, DELETING, DAMAGING, DISABLING, DEACTIVATING, INTERFERING WITH OR OTHERWISE HARMING ANY SOFTWARE, COMPUTER, NETWORK, DATA OR OTHER ELECTRONICALLY STORED INFORMATION, PROGRAM OR SYSTEM, INCLUDING ANY DROP DEAD DEVICE, MALICIOUS LOGIC, WORM, ERROR, DEFECT, TRAP DOOR, BUG, VIRUS, TROJAN HORSE OR THE LIKE (COLLECTIVELY, “VIRUS”) THAT THIRD PARTIES MAY SUBMIT, POST, INTRODUCE OR TRANSMIT TO OR THROUGH THE WEBSITE; 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 INFORMATION ON THE WEBSITE; INFORMATION ON OR FUNCTIONALITY OF ANY WEBSITE THAT MAY BE LINKED TO ON THE WEBSITE; OR ANY CONTENT, PRODUCT OR SERVICE THAT A THIRD PARTY OFFERS OR ADVERTISES OR THAT IS REFERENCED ON OR THROUGH THE WEBSITE.
Links to Other Websites. The Website may contain links to websites maintained by other companies. Oakstone is providing these links to you only as a convenience. The inclusion of any link does not and should not imply that Oakstone endorses or warrants any third-party website or third-party company or product. Oakstone is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Applicable Law. The Website can be accessed from every U.S. state, as well as from other countries around the world. Each of those places has laws that may differ from those of Alabama, where Oakstone is located. The laws of the State of Alabama, without regard to its conflicts of law principles, will apply to all disputes based on, arising out of, or relating to your use of the Website or any information it contains. With respect to such disputes, you submit to the exclusive personal jurisdiction and venue of any court in Birmingham, Alabama and waive any objections or defenses contrary to such submission.
Indemnification. You will indemnify, hold harmless and defend Oakstone and its subsidiaries, operating divisions, affiliates, attorneys, licensors, successors, or assigns from and against any claim, action, demand, cause of action, suit, proceeding, loss, cost, expense, damage, debt or liability, including reasonable legal costs and attorneys' fees, alleged or asserted by any person or actually incurred by Oakstone, which arises out of or relates to: (a) your use or of the Website; (b) your breach or violation of any of these Terms; or (c) your breach or violation of any third party right, including any copyright, property, publicity or privacy right. Additionally, Oakstone reserves the right to assume the exclusive defense and control of any action, proceeding or matter subject to indemnification by you, whereupon you agree to cooperate with Oakstone in asserting any available defense.
Changes to Terms. Oakstone may revise or modify these Terms, either in whole or in part, at any time without prior notice to you, and such revisions and modifications will supersede this version of these Terms. You will be bound by any such revisions or modifications and should, therefore, visit this page each time you access the Website to review the then-current Terms. Print off or save a local copy of the then-current Terms for your records.
General. These Terms are severable and, if any provision is invalid, void or unenforceable in whole or in part for any reason, the remaining provisions will remain in full force and effect. These Terms will be binding upon you and your successors, assigns, heirs, legatees, executors, administrators and representatives. The headings of the sections of these Terms are inserted for convenience of reference only, will not be construed as part of your agreement with Oakstone under these Terms, and will in no way be construed as defining, limiting or affecting the scope or intent of these Terms. As used in these Terms, the word “may” shall be construed as permissive and the words “will” and “shall” shall be construed as imperative; and Nothing in these Terms will prohibit Oakstone from protecting and enforcing its rights under these Terms, its properties and interests to the maximum extent of the law. These Terms are the entire agreement and understanding between you and Oakstone regarding their subject matter and supersede all prior and contemporaneous agreements and understandings regarding their subject matter, and no agreements, understandings, warranties or representations exist between you and Oakstone other than these Terms, unless set out in a separate written agreement between you and Oakstone.
Questions about the Terms. If you have any questions about these Terms, please contact us at:
Oakstone Publishing, LLC
2700 Corporate Drive
Birmingham, Alabama 35242
Last Revised August 17, 2012