TERMS OF SERVICE 1. ACCEPTANCE
MagoffinCountyRoots.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice
to you. In addition, when using MagoffinCountyRoots.com services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the TOS.
2. DESCRIPTION
MagoffinCountyRoots.com currently provides users with access to an abundant collection of on-line resources, including, shopping services and chat.
Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MagoffinCountyRoots.com
assumes no responsibility for the merchants and services featured on this site.
3. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. We will not sell or
disclose your personal information to anyone, for any reason, ever.
4. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MagoffinCountyRoots.com, are
entirely responsible for all Content that you upload, download or otherwise utilize via the Service. MagoffinCountyRoots.com does not always control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will
MagoffinCountyRoots.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind.
You acknowledge that
MagoffinCountyRoots.com does not prescreen Content, but that MagoffinCountyRoots.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, MagoffinCountyRoots.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on
any Content created by MagoffinCountyRoots.com or submitted to MagoffinCountyRoots.com.
You acknowledge and agree that MagoffinCountyRoots.com may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of MagoffinCountyRoots.com, its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. INDEMNITY
You agree to indemnify and hold
MagoffinCountyRoots.com, and its subsidiaries, affiliates, officers, agents, co-branders, collaborators or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights
of another.
6. EXPLOITATION OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. MODIFICATIONS TO SERVICE
MagoffinCountyRoots.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that MagoffinCountyRoots.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. TERMINATION
You agree that MagoffinCountyRoots.com, in
its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of
use or if MagoffinCountyRoots.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MagoffinCountyRoots.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and
agree that MagoffinCountyRoots.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree
that MagoffinCountyRoots.com shall not be liable to you or any third-party for any termination of your access to the Service.
9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree that MagoffinCountyRoots.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. MagoffinCountyRoots.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MagoffinCountyRoots.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, or (v) THE PRICING DISPLAYED WILL ALWAYS BE ACCURATE (AS WE DEAL WITH MANY AFFILIATE PARTNERS WHO COULD CHANGE THEIR PRICES AT ANY TIME).
c. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MagoffinCountyRoots.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT MagoffinCountyRoots.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MagoffinCountyRoots.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. COPYRIGHTS
MagoffinCountyRoots.com respects the intellectual property of others, and we ask our users to do the same.
13. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MagoffinCountyRoots.com
and govern your use of the Service, superseding any prior agreements between you and MagoffinCountyRoots.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software.
The section titles in the TOS are for convenience only and have no legal or contractual effect.