Terms & Conditions

Terms and Conditions

Terms and Conditions effective as of September 6, 2018.

Your access to and use of the By The Way Company, LLC (“The BTW Co.,” “we,” or “us”) website(s), including thebtwco.com (individually and collectively, the “Site”) is subject to the these terms and conditions (these “Terms”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Site, you accept and agree to be bound by these Terms, which are conditions of permission to access or browse the Site. If you do not agree to these Terms, do not access or browse the Site. If you are younger than 18 years of age, you are forbidden from becoming a member of the Site or posting information on the Site.

All content and information posted on the Site is subject to change without notice. These Terms may be changed, altered or modified at any time and without prior notice. You should check this page periodically for such changes. You can determine when these Terms were last revised by referring to the “effective as of” legend at the top of these Terms. Your continued access of the Site after such changes are posted conclusively demonstrates your acceptance of those changes.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that The BTW Co. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, feature or product offered through the Site.

PERMITTED USE

Subject to these Terms and any other terms and conditions on the Site, The BTW Co. hereby grants to you the non-exclusive right to use the Site. The Site, all of the information and materials contained herein (collectively, “Content”) are and shall remain the property of The BTW Co. and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws.

INTELLECTUAL PROPERTY RIGHTS

The trademarks, service marks, trade names, and trade dress on and copyrights on the Site, are the property of The BTW Co. or its content suppliers and protected by United States and international laws. Nothing in this Site grants you a license or right to download, use, or reproduce any trademark, service mark, trade name, logo, copyright, trade dress or other content displayed on this Site without prior written permission of The BTW Co. All other trademarks not owned by The BTW Co. that appear on this site are the property of their respective owners.

INTERACTIVE COMMUNICATION

The BTW Co. may host message boards, chat rooms, blogs, and other interactive forums or services or engage in social media platforms such as Facebook, Twitter or Instagram (each, a “Forum”) on the Site. Forums are intended to serve as discussion centers. Any user failing to comply with these Terms may be expelled from and refused continued access to Forums in the future. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. The BTW Co. is not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. The BTW Co. may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

USER-SUBMITTED IDEAS, COMMENTS, AND OTHER CONTENT

Information or submissions may be posted within a Forum or otherwise disclosed or made available to The BTW Co. by you or others through or in connection with the Site.  You must have the legal right to upload, post, or otherwise disclose or make available each Submission before you do so. The BTW Co. is acting only as a host, bulletin board or conduit (and not a publisher) for Submissions. For each such Submission that you submit, upload, or post to the Site, you hereby unconditionally grant to The BTW Co. a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and fully-paid-up, fully sub-licensable license, under any and all such rights, without additional compensation to you or any third party to: (a) host, reproduce, distribute, adapt, copy, scan, create derivative works of, transmit, perform and display (publicly or otherwise), make available to the public and otherwise use and exploit such Submission, any ideas accompanying, related to, or embodied in such Submission, and any materials embodying, incorporating, or derived from such Submission, in any format or media whether now known or hereafter developed or discovered (including without limitation Internet, cable, satellite, and wireless media), for any purpose, including but not limited to any advertising or promotional purposes, developing, manufacturing and marketing products incorporating any aspect of such Submission; (b) exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Submission; (c) use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Submission. To the extent any right you may have in or relating to any Submission cannot be licensed to The BTW Co. under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights, and “moral rights” or other rights with respect to attribution of authorship or integrity of materials. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including without limitation all rights of publicity, and that such Submission does not misappropriate, infringe, or otherwise violate any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity. You further represent and warrant that such Submission, and your provision thereof to and through the Site, complies with all applicable statutes, orders, regulations, rules and other laws.

UNAUTHORIZED USE OR ACCESS

You may not take any action to interfere with the Site or any other user’s use of the Site or damage, disable, overburden, impair, decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Site, nor insert any code or product or manipulate the Content in any way that affects any user’s experience. While using the Site you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section.

As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities.

DISCLAIMER

All Content, Submissions and Third Party Content on this site are available to users at their own risk. The BTW Co. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE SITE.

IN NO EVENT WILL THE BTW CO. BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF THE BTW CO. FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE BTW CO. TO ACCESS AND USE THE SITE.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify The BTW Co., its officers, directors, employees, affiliates, consultants, agents, shareholders, licensors, suppliers, successors and assigns and its Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, losses, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) any breach or violation of these Terms; (ii) your use of the Content or services available on the Site in any unauthorized manner; (iii) any information you submit, share, upload, post, display on or to the Site; and/or (iv) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party. You shall cooperate fully in the defense of any claim. The BTW Co. reserves the right, at its own expense to assume the exclusive defense and control of any matter subject to indemnification by you.

SEVERABILITY

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

INTERNATIONAL USERS

The BTW Co. does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.

CONTACT US; QUESTIONS OR COMPLAINTS

Should you have any questions regarding these Terms, please submit them through hello@thebtwco.com.

GOVERNING LAW; FORUM

These Terms and Conditions and any dispute arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Michigan, without regards to its conflicts of law principles.

LIMITATION ON LIABILITY

YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL THE BTW CO. OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES OR OTHER DAMAGES, HOWEVER CAUSED AND WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, OR ANY INFORMATION CONTAINED IN THE SITE.