BishopMcCann.com Terms of Service


Last Updated: May 22, 2014

Welcome to BishopMcCann.com.

Bishop-McCann, LLC, a Missouri limited liability company, and its affiliates provide this website and the services on this site (collectively, the “Services”) subject to these Terms of Service and our Privacy Policy (the “Policies”).

By using the Services you agree to the Policies and if you are using the Services on behalf of a business entity then you agree to the Policies on behalf of yourself and such entity. If you do not agree with the Policies, then do not use the Services. You may not use the Services if you are under 13, if we have restricted or terminated your use of the Services, or if your use of the Services will violate another contract.

We may amend the Policies or any part thereof at any time by providing advance notice to you on the website or through another communication channel. Your continued use after we provide the notice constitutes consent to the amendment(s) by you and your business entity, if applicable. If you do not agree to the amendment(s), then do not continue using the Services.

These Terms of Services includes 5 parts:
1. Use of the Services
2. Content; Intellectual Property; Business Relationships
3. Disclaimers; Limitations of Liability; and Indemnification
4. Arbitration
5. Miscellaneous

1. USE OF THE SERVICES

Provision
We will use commercially reasonable efforts to ensure the Services are up and running but we are not liable for any time during which the Services may be down. We may also modify, change, or remove, parts or all of the Services at any time. We may also provide links to other websites and services and if you use such other websites or services, you do so at your own risk. We are not responsible for such other sites or services.

Prohibited Uses
You may not do anything through the Services that is illegal or that diminishes the purposes of our organization or that will harm the Services including using any manual or automated systems to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

2. CONTENT; INTELLECTUAL PROPERTY; AND BUSINESS RELATIONSHIPS

Intellectual Property Rights
All of the content on the website and all of the software and website design/code is owned by us, licensed to us, or likely owned by another individual or entity and all of the same may be protected by copyright, trademark, patent, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for its intended purpose.

Business Relationships
We may provide listings of individuals and organizations that offer speaking or other entertainment services on the Services. Notwithstanding the foregoing, such inclusion does not mean we have any specific business relationship or other affiliation with said individuals or organizations. If you are listed on the Services and would like to be removed, please contact us at the contact information provided below.

User Submissions
If you submit any content to us such as photos, biographies, or other information or content, then you thereby grant us the right to display the same on the website. Unfortunately, due to the nature of the Internet, we cannot guarantee that other users of the website or Services that have access to the content you share will not use such content in a way that might violate your rights and we disclaim all liability for such uses by other users. Your termination of your use of the website and/or the Services, or any portion thereof, does not terminate the above described license. We also have no obligation to retain any of your content.

3. DISCLAIMERS; LIMITATIONS; AND INDEMNIFICATION

The website and Services are offered on an “AS IS” and “AS AVAILABLE” basis and subject to the following disclaimers and limitations. We do not provide any express warranties or representations and disclaim any and all imputed warranties and representations, including all warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. We do not make any guarantees regarding the operation of the website and Services, portions or all of which may be unavailable at times or terminated permanently.

Neither us nor any of our subsidiaries, affiliated companies, or the owners, members, directors, officers, employees, contractors, or agents of any of the same (“Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any platform applications or any of the content or other materials on, accessed through or downloaded through the Services. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory; we knew or should have known about the possibility of such damages; or the limited remedies provided in this section fail of their essential purpose.

You shall save, indemnify, and hold us and our Affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third party claims, charges, and investigations, caused by your failure to comply with the Policies, including without limitation, your submission of content that violates third party rights or applicable laws and any activity in which you engage on or through the Services.

4. ARBITRATION

You agree that any dispute or claim which you may have which is related to the website your use of the Services shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). If you have a claim, you should send a letter requesting arbitration and describing your claim to our registered agent in Missouri. Notwithstanding the above, we may bring suit in a court to enjoin infringement or misuse of intellectual property or confidential information.

5. MISCELLANEOUS

Termination
You may only terminate this agreement by suspending your use of the website and Services and delivering written notice to us of your termination. However, you will remain liable for any damage you caused or may later cause to us, the website, or the Services.

We may terminate this agreement with you, or any portion thereof, or any access to the website or Services or any portion thereof, for any reason or no reason, at any time, with or without notice to you. Such termination may be immediate or may be at a future date. We may also restrict or prohibit future use of the website and Services by you.

Upon termination of this agreement, you shall immediately cease using the website and the Services.

Applicable Law
This agreement and all of our Policies are governed by and construed in accordance with the laws of the State of Missouri, United States of America, without giving effect to the principles of conflict of laws of such state, and applicable U. S. federal law.

Contact
Except as otherwise required, all notices and communications which you may send to us shall be sent to us, with all expenses prepaid, at the following address: Bishop-McCann, LLC, 1701 Walnut St, Kansas City, MO 64108. You may send informal communications to us via email at GENERAL EMAIL ADDRESS.

Assignment
We may assign the Policies to any third party and all covenants and agreements hereunder will inure to the benefit of and be enforceable by said successors or assigns. You may not assign your rights or obligations under the Policies without our prior and express written consent.

Waiver
The failure or delay by us to exercise any right or remedy set forth in the Policies will not operate as a waiver thereof. The waiver by us of a breach of any provision hereof will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.

Security
We take the security of the website, the Services, and your information seriously. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us.