Art, Logos, Trademarks, and Other Supplied Materials
BadgeBarn uses art, logos, and other materials supplied by customers ("Artwork") to provide products and services. BadgeBarn assumes no responsibility for determining the proper ownership or proper use of Artwork. All liabilities of this nature rest with the Customer. Customers placing orders with BadgeBarn represent and warrant that they have the authority to view, order and purchase the product with the Artwork specified on the order, and that the use or display of the Artwork will not violate any laws or client restrictions. BadgeBarn assumes no responsibility for determining who does or does not have such authority. By clicking the acceptance button below the Customer shall defend and hold harmless BadgeBarn for the use of any Artwork and for breach of this warranty. Customers also shall indemnify, hold harmless, defend and absolve BadgeBarn, its affiliates and licensors from and against all claims, liabilities and expenses arising out of or related to any actual or alleged infringement or misappropriation of any copyright, trademark or other proprietary rights or merchandise. BadgeBarn reserves the right to photograph, show as samples, or use in BadgeBarn's advertising the items produced by BadgeBarn without liability as to trademark, copyright or other proprietary rights. BadgeBarn reserves the right to refuse to provide product or service when it is determined that the Artwork does not meet BadgeBarn's standards.
In order to view and purchase products with the Keller Williams Logo from BadgeBarn you must indicate that you are authorized to use the Keller Williams Realty Logo. Furthermore you are requesting that BadgeBarn.com display images of it's products bearing the Keller Williams Realty Logo. By clicking the acceptance button below you are accepting all of the terms and conditions of this web site. You further authorize BadgeBarn.com to display it's products with the Keller Williams Realty Logo and understand that BadgeBarn.com is not affiliated in any way with Keller Williams Corporate and not an approved vendor. You understand that Keller Williams corporate does not promote or endorse the use of this web site.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Kooteny County, Idaho.
Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy otherwise is resolved. Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction located in Marion County, Indiana, any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).
SEVERABILITY
If any portion of this Web Site Use Agreement shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portions of this Web Site Use Agreement. If a court of competent jurisdiction finds any portion this Web Site User Agreement invalid or unenforceable, such portion shall be given the maximum effect permitted under applicable law, and the remainder of this Web Site Use Agreement shall remain valid and fully enforceable according to its terms, and the invalid or unenforceable portion shall be replaced with a valid and enforceable provision that most closely reflects the intention of BadgeBarn.
NO WARRANTY
The information, materials and services provided in BadgeBarn.com are provided on an "as is" and "as available" basis without warranty of any kind, implied, express or statutory, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability or fitness for a particular purpose, and freedom from computer virus, other than those warranties that are implied by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement. All use of the Services (including but not limited to the accessing and use of content, information and services, the purchase of products and services, the transmission of information and other communications by and to you, and the downloading of computer files) is at your sole risk. BadgeBarn does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials.
LIMITATION ON LIABILITY
In no event will BadgeBarn be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with BadgeBarn.com or use thereof or inability to use by any party, 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 BadgeBarn, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by BadgeBarn.
TERM AND TERMINATION
This Web Site Use Agreement is effective from your acceptance of the Policies, which is indicated by first use of BadgeBarn.com. BadgeBarn may terminate this Web Site Use Agreement any time without notice.
Upon termination of this Web Site Use Agreement, all rights granted to you under this Web Site Use Agreement shall terminate immediately. BadgeBarn's right to enforce the provisions of this Web Site Use Agreement shall survive termination of this Web Site Use Agreement.
