These Terms and Conditions
apply to the websites (located at the URLs www.wowiesgirls.com and www.itbgear.com) and all other web pages
interconnected with such website including, without limitation, the home
page, splash page, and all other pages under the same top level domain
name, and all content thereon (collectively, the “Site”).
The site is not part of Wowies Sports Grill; nor is there any
connection of ownership or partnership; implied or otherwise.
Content of wowiesgirls.com is solely sponsored by ITB Gear, run in full by
the Nelson family. Content of the site is not directed by any member
of Wowies ownership or management and responsibility for the site remains
in full with the Nelson family.
At the request of Wowies ownership, any or all items placed on this
site will be removed or added immediately.
This Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your
use of this Site constitutes your agreement to all such terms, conditions,
and notices. If you do not agree to these terms and conditions, do not use
this Site or download any materials from this Site. The Nelsons reserves
the right to change, modify or amend these Terms and Conditions from time
to time and at any time without notice to you, by posting such changes on
the Site. You are responsible for regularly reviewing these Terms and
Conditions and additional terms posted on this Site. Your continued use of
this Site constitutes your agreement to all such terms, conditions, and
notices.
Privacy
See the Privacy Policy for disclosures relating to the collection and use
of your personally identifiable and non-personally identifiable
information. You acknowledge and agree that you are solely responsible for
the accuracy and content of any and all information you submit when using
this Site. (privacy
policy)
Site Offerings
Visitors are solely responsible for the user information and other content
they post on and through the Site. Users should be aware that when they
voluntarily disclose personal information (e.g., user name, e-mail
address, phone number) on or through the public portions of the Site
(e.g., chat, bulletin boards, post cards, invitations), that such
information is generally accessible to and may be collected and used by
others and may result in unsolicited messages from other people.
Accordingly, visitors to and users of the Site are encouraged to exercise
caution when providing personal information about themselves. We reserve
the right, for any reason, in our sole discretion, to terminate, change,
suspend or discontinue any aspect of the Site, including, but not limited
to, content, features or hours of availability. We may also impose limits
on certain features of the Site or restrict your access to part or all of
the Site without notice or penalty.
Ownership of Materials
Except as otherwise indicated, this Site and its entire contents
(collectively, the "Materials"), including, but not limited to, the text,
information, material, software and graphics contained on this Site, are
solely owned by the Nelson family members. The Materials are protected by
copyright, trademark and other intellectual property laws and treaties.
The Nelson family make no proprietary claim to any third party names,
trademarks or service marks appearing on this web site. Any third party
names, trademarks, and service marks are the properties of their
respective owners. Except as provided in the next sentence, the Materials
may not be copied, reproduced, modified, published, uploaded, downloaded,
posted, transmitted, or distributed in any way, without Nelson family
member's prior written permission. You may download one (1) copy of the
Materials on a single computer only for your personal, non-commercial,
internal use. You may not (i) modify the Materials or use them for any
commercial purpose, or any other public display, performance, sale, or
rental, (ii) decompile, reverse engineer, or disassemble software
materials, (iii) remove any copyright notice or other proprietary notices
from the Materials, or (iv) transfer the materials to another person. By
posting a message or contributing in any way to this web site, including,
but not limited to, sending comments and e-mail, to this web site, you
expressly grant the Nelson family the right to use in any way, copy,
republish or sell your message, pictures, video, data, art or other
contribution as part of its property. The Nelson family reserves the right
to change, update, discontinue, or restrict or prevent access to this web
site or the Materials at any time without notice.
Submissions
Unless specifically requested, Nelson family members do not solicit nor do
they wish to receive any confidential, secret or proprietary information
or other material from you through the Site, any of its services, by
e-mail, or in any other way. Any information or material submitted or sent
to the Nelson family will be deemed not to be confidential or
secret. By submitting or sending information or other material to the
Nelsons you represent and warrant that the information is original to you
and that no other party has any rights to the material. You also agree and
acknowledge that any ideas, concepts, methods, systems, designs, plans,
techniques or other similar materials that you submit or otherwise
communicate to the Site, (i) will forever be the exclusive property of the
Nelson family, (ii) may be used by us in any manner whatsoever, and (iii)
that the Nelson family is not required to provide any compensation or
acknowledgement of any such submission. You agree and acknowledge that by
using this Site, any and all communications and/or information transmitted
by you to or through the Site will not be treated as confidential or
proprietary.
User Conduct
You warrant and agree that, while using the Site, you shall not upload,
post or transmit to or distribute or otherwise publish through the Site
any materials that: (a) are protected by copyright, or other proprietary
or intellectual property right, or derivative works with respect thereto,
except as provided herein or without first obtaining permission from us or
the copyright owner; (b) are unlawful, threatening, harassing, profane,
tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent,
contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening
nature directed at another individual or group of individuals), invasive
of another's privacy, or hateful, (c) restrict or inhibit any other user
from using and enjoying the Site, (d) constitute or encourage conduct that
would constitute a criminal offense or give rise to civil liability, or
(e) contain a virus or other harmful component, advertising of any kind,
or false or misleading indications of origin or statements of fact. You
also warrant and agree that you shall not: (a) impersonate, or
misrepresent your affiliation with any other person or entity; (b) upload,
post, publish, transmit, reproduce, distribute or in any way exploit any
information or other material obtained through the Site for commercial
purposes (other than as expressly permitted by the provider of such
information or other material); (c) engage in spamming or flooding; or (d)
attempt to gain unauthorized access to other computer systems through the
Site.
No Monitoring
We have no obligation to monitor any content on or through the Site and we
assume no obligation. You acknowledge and agree, however, that we do
retain the right to monitor the Site and to disclose any information as
necessary or appropriate to satisfy any law, regulation or other
governmental request, to operate the Site properly, or to protect
ourselves or our users. We will not intentionally monitor or disclose any
private electronic-mail message unless required by law. We reserve the
right to refuse to post or to remove any information or materials, in
whole or in part, that, in our sole discretion, are unacceptable,
undesirable, inappropriate or in violation of these Terms and Conditions.
Indemnity
You agree to defend, indemnify and hold any Nelson family member(s), ITB
directors, officers, employees, agents and affiliates harmless from any
and all claims, liabilities, costs and expenses, including reasonable
attorneys' fees, arising in any way from your use of the Site or the
placement or transmission of any message, information, software or other
materials through the Site by you.
Termination of Access
THE NELSON FAMILY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR
ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR
WITHOUT NOTICE.
Disclaimer Of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION,
SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS IS PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING
SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THE NELSON FAMILY DOES NOT WARRANT THAT THE SITE
OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY,
SECURE, UNINTERRUPTED OR ERROR FREE, THAT THE CONTENT WILL BE CORRECT,
ACCURATE OR RELIABLE, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS
WILL BE CORRECTED. THE NELSON FAMILY MAKE NO WARRANTY THAT THE SITE WILL
MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM A NELSON FAMILY MEMBER OR THROUGH THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE
DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE
SITE.
Limitation Of Liability
BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR
OWN RISK AND THAT IN NO EVENT SHALL THE NELSON FAMILY OR ANY OF THEIR
EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND
FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES
OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR
ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF ANY NELSON
FAMILY MEMBER OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF THE NELSONS OR ANY FAMILY MEMBER THEREOF
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
CERTAIN USERS. IN NO EVENT SHALL THE NELSON FAMILY BE LIABLE FOR OR IN
CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY
OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
Links to Third Party Sites
This web site contains links to third party sites. These links are
provided for convenience purposes and are not under the control of the
Nelson family or their affiliates. The Nelson family does not make any
representations and warranties, express or implied, regarding the content
of any of these linked sites. These links do not constitute or imply an
endorsement, authorization, sponsorship or affiliation by any member of
the Nelson family with respect to any third party, any third party's web
site, the content of any third party's web site, or any products or
services provided by a third party.
Other Countries
We control and operate this Site from our offices in the United States of
America. We do not represent that materials on the Site are appropriate or
available for use in other locations. Persons who choose to access this
Site from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. The Nelson family make no claims that the content of
this Site is appropriate outside of the United States. If you access this
Site outside the United States, you do so at your own risk and are
responsible for compliance with the laws of the country or other territory
in which you are located.
Governing Law and Jurisdiction
These terms and conditions of use shall be governed by and construed in
accordance with the laws of the United States of America and the State of
Florida, without giving effect to any choice of law or conflict of law
provision or rule (whether of the State of Florida or any other
jurisdiction) that would cause the application of the laws of any
jurisdiction other than the United States or the State of Florida. By
using this web site, you consent to the jurisdiction of the state courts
of Orange County, Florida and the Federal Courts for the South District of
Florida, Palm Beach Division for any action or proceeding arising under or
relating to these Terms of Use, this web site or the use of, or reliance
on, this web site. Contact webmaster@wowiesgirls.com with questions or
concerns.
