1. Intended Use of the Site. By using or attempting to use the Site, you certify that you are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this TOU, please discontinue using the Site immediately.
We reserve the right at any time to change the contents of the Site, inclusive of this TOU. Any changes we make will be effective immediately by posting a revised version of this TOU on the Site and updating the date at the bottom of this TOU. Your continued use of the Site after such notice will be deemed acceptance of such changes. We encourage you to return to this page periodically to ensure you are familiar with the most current version of this TOU.
3. Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules and regulations, including, but not limited to, those governing copyright and trademark and other intellectual property matters. You may not engage in any unauthorized use, copying, or distribution of any of Site content, including reproducing, displaying, publicly performing, or distributing Site content in any way for any public or commercial purpose.
You also agree you will refrain from engaging in the following conduct or transmitting any of the following when using the Site:
a. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
b. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
c. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and
d. Other activity that violates the legal rights of others, including without limitation, others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
4. Intellectual Property. You further acknowledge that Bongino Inc. is the owner of the trademarks and service marks THE DAN BONGINO SHOW and THE DAN BONGINO SHOW AND LOGO. You agree that all uses of the foregoing marks shall only be in connection with the goods and services related to Dan Bongino and The Dan Bongino Show. All uses require the prior, express written permission of Bongino Inc., and Bongino Inc. and its suppliers will enforce their respective intellectual property rights in the event of a failure to desist from unauthorized usage. The Site, including all Site software, databases, proprietary information and Site content, as well as any intellectual property and other rights relating thereto, including, without limitation, the selection, sequence, appearance and “look and feel,” are owned and operated by Bongino Inc. You understand and agree that the Site is protected by U.S. and international copyright, trademark and other laws, and your use of the Site does not provide any ownership rights to you.
8. Limitation of Liability. You acknowledge that this Site and all content, information and materials made available through this Site are provided to you “as is” without any express warranties or representations of any kind. Bongino Inc. disclaims all statutory and implied representations, warranties, terms and conditions with respect to this Site and all content, information and materials made available through this Site, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. Neither Bongino Inc., nor any other party involved in creating, producing, or delivering the Site, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the Site, its features or any content made available through the Site.
11.Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BONGINO INC., ITS SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BONGINO INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
12. Questions. The Site is provided by Bongino Inc. Please contact us if you have any questions or comments. We may be reached at [email protected] or P.O. Box 1003, Palm City, FL 34991.
13. Governing Law. This TOU are governed by and construed in accordance with the laws of the state of Florida, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Martin County, Florida, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this TOU are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The TOU is not assignable by you except with the prior written consent of Bongino Inc. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default;