Use of the Sites:
Products and Accuracy of Information:
The Company reserves the right to alter, update, or otherwise change information, including but not limited to, descriptions, pricing, and specifications of the products and services described and/or depicted on the Sites without notice to you. The Company makes reasonable efforts to accurately display the products and services. However, the Company does not guarantee that information will be accurately displayed, complete, or current. Information relating to products found on the Sites may differ from information available at Company store locations.
Digital Millennium Copyright Act (“DMCA”):
The Company attempts to respect intellectual property rights. If you believe any materials on the Sites infringes your copyright(s), you may contact us to request the removal of such material. To make a request, please send written notice to the Company’s Copyright Agent at the address provided. Your notice must include: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is being infringed; (b) a description of the copyrighted work that you claim is being infringed, along with the URL or other specific location on the Sites where such work is located; (c) a statement by you that you have a good faith belief that the use of the copyrighted work that you claim is being infringed is not authorized by the copyright owner, its agent, or the law; (d) a statement by you, made under penalty of perjury, that the information contained in your notice is accurate and that you are the owner of the copyrighted work or are authorized to act on the copy right owner’s behalf; and (e) your contact information, including address, telephone number and email address.
Any content or materials you submit to the Company, via the Sites or by other means, shall be considered non-confidential and non-proprietary. You hereby agree to grant to the Company an unlimited, free and perpetual license in such content and materials and the Company may use such content or materials for any purpose whatsoever. You, and not the Company, shall be responsible for the content and/or materials you submit. The Company shall have no liability for or related to such content or materials whatever. Notwithstanding the foregoing, any personally identifying information shall be governed by the Privacy Statement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE SITES AND MATERIAL PROVIDED THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND/OR REPRESENTATIVES WARRANT THAT YOUR USE OF THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; BE UNINTERRUPTED, ACCURATE, OR SECURE; FREE FROM VIRUSES, BUGS, OR OTHER ITEMS OF A HARMFUL NATURE OR THAT THE SAME WILL BE CORRECTED. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU.
YOUR USE OF THE SITES IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND/OR REPRESENTATIVES BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUR OF OR IN ANY WAY CONNECTED TO OR WITH THE USE OR THE INABILITY TO USE THE SITES OR THE MATERIALS CONTAINED THEREON, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FURTHER, THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE INCURRED OR SUSTAINED BY YOUR COMPUTER, HARDWARE, DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE USE OF THE SITES AND YOU HEREBY ASSUME ANY COSTS ASSOCIATED WITH THE SERVICE, REPAIR AND/OR REPLACEMENT THEREOF. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, divisions, affiliates, officers, directors, employees, attorneys, agents, and/or representatives from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Sites.
Governing Law and Venue:
The Company has endeavored to comply with all legal requirements known to it in creating and maintaining the Sites, but makes no representation materials on the Sites are appropriate or available for use in any particular jurisdiction. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.
The Sites may contain links to third party websites. By clicking these links, you will be taken to websites that are not under our control. These links are provided for your reference only and the inclusion of such links does not imply an endorsement, sponsorship, or association with the third party owner or operator of the websites or the material contained thereon.
The posting or transmission of any profane, obscene, unlawful, or otherwise inappropriate material is prohibited. If the Company determines that you have violated or are reasonably likely to violate such prohibition then the Company may, in addition to all other remedies available to it at law or in equity, take such measures as the Company, in its sole discretion, deems necessary or appropriate to remove the offending materials or otherwise cure the violation. Where permitted or required by law, the Company will provide information regarding such posts, including the identities of parties posting such materials, to comply with court order(s), or other legal or regulatory requirement(s).
The Company may make jobs available through the Sites. The Company is an equal opportunity employer and provides equal employment opportunities to qualified applicants without regard to race, color, religion, sex, national origin, age, veteran status or disability.
You or the Company may suspend or terminate your use of the Sites at any time, and for any or no reason.
If you have additional questions, you may contact us via the “Contact Us” portals located on the Company’s websites, or, you can reach us by using the following contact information:
E.C. Barton & Co., P.O. Box 16360, Jonesboro, AR 72403-6705
For copyright infringement claims:
E.C. Barton & Co., Attn: Copyright Agent, P.O. Box 16360, Jonesboro, AR 72403-6705
Copyright © 2018 E.C. Barton & Company. All Rights Reserved.