TERMS AND CONDITIONS/USER AGREEMENT
Please Read and Understand These Terms Prior to Using This Web Site
Welcome to the MineralRanger.com web site (“Web Site”) owned by BWG Enterprises, LLC (“BWG”). The following Terms and Conditions/User Agreement (“Agreement”) govern your use of, access to, and purchases from the Web Site. Please read and understand the following prior to using the Web Site. To insure a safe, non-offensive environment for all visitors to the Web Site, we have created this Agreement.
IMPORTANT! By accessing, using, viewing, reading, printing, purchasing, or downloading any material from the Web Site, you agree to be bound by this Agreement. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to this Agreement by any act demonstrating your assent thereto, including clicking any button containing the words “I accept” or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us.
If you do not agree to be bound by this Agreement, you must exit the Web Site immediately, you may not use or access the Web Site, and you may not purchase any goods or services from the Web Site. Please consult this Agreement regularly and read it carefully before using the Web Site. By further utilizing the Web Site or clicking “I accept,” or similar syntex, below, you affirm that you have read this Agreement and understand, agree, and consent to each of the provisions contained herein.
This Web Site acts as a clearing house or facilitator for the procurement of research related services. The Web Site will provide consumers with access to independent contractors engaged in research services primarily involving the investigation of ownership in and to mineral estates. BWG cannot and does not confirm each or any user’s purported identity. BWG suggests that you employ common sense and industry standard practices when procuring services such as those provided by the BWG. Competent legal, and in some cases tax counsel, should be consulted when analyzing anything of significant value, including mineral ownership. The products and services provided by BWG via the Web Site are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, these services are not available to minors. If you do not qualify, please do not use these services. Further, these services are not available to temporarily or indefinitely suspended BWG customers.
You are solely responsible for obtaining access to the Web Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including the fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Web Site.
The information on this Web Site is provided solely as general information and does not constitute real estate, legal, or any other professional advice, or an offer to buy or sell mineral interests. BWG is not involved in the actual investigation of mineral ownership, and as a result, BWG has no control over the accuracy of the information resulting from such investigation. A real estate transaction cannot proceed from start to finish without legal judgments and conclusions being made. Certain activities incident to a real estate transaction can, in isolation, be performed by a non-lawyer, but the transaction as a whole is a legal service which should be done by or under the supervision of an attorney with whom the you have an attorney-client relationship. This means that an attorney should review all information and documents, as well as attend the closing at which you may execute the documents required to close the transaction or be readily available to respond to any inquiries or issues that may arise. BWG and the Web Site DO NOT provide any of these legal services.
YOU AGREE AND WARRANT THAT YOU SHALL NOT USE ANY ELEMENT OR COMPONENT OF THE PRODUCTS AND SERVICES PROVIDED BY BWG AND THE WEB SITE TO CREATE, REPLACE, SUPPLEMENT, OR ENHANCE ANY TITLE, LEGAL, VESTING, OWNERSHIP, OR ENCUMBRANCE REPORT, NOR AS AN ALTERNATIVE INSURANCE PRODUCT OR APPROACH. THE SERVICES PROVIDED BY BWG AND THE WEB SITE DO NOT REPRESENT LEGAL ADVICE, INSURANCE, OR REAL ESTATE TRANSACTION SERVICES. WHERE REGULATED BY LAW, THE SERVICE AND/OR DATA PROVIDED BY BWG AND THE WEB SITE ARE NOT PROVIDED FOR ANY PROHIBITED USE.
1. PRIVACY: Information about you is subject to our Privacy Statement. Refer to our full Privacy Statement for more information.
2. EXTERNAL LINKS: As an added resource, the Web Site may contain content, information and services from third parties and links to third-party web sites, or may redirect you to third-party web sites that may be of interest to you (“Third-Party Services”). Third-Party Services are not under the control of BWG or the Web Site, and BWG is not responsible for such content (including the accuracy or reliability of any such content, data, opinions, or advice), services or third-party web sites, including without limitation any link contained in such content, or any changes or updates to such content, services or third-party web sites. BWG is providing the Third-Party Services to you only as a convenience, and the inclusion or access to Third-Party Services does not imply an endorsement by BWG of such content or services, of the provider of such content or services, or any third party web site.
3. APPLICABLE LAW: The Web Site is owned by BWG, with principle offices located in Dallas, Texas, United States of America. As such, the laws of the State of Texas and U.S. federal law, will govern this Agreement. You hereby irrevocably and unconditionally consent and agree (i) to submit to the exclusive jurisdiction of the state courts of the State of Texas, U.S.A., for any matter or conflict arising out of or relating to the use of the Web Site; (ii) to waive any objection to the venue of any such litigation in Texas state courts; and (iii) not to plead or claim in any Texas state court that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this paragraph.
4. PRODUCTS, SERVICES, NOTICES: The Web Site will provide basic mineral title information such as legal description, ownership status, and parcel identification that the independent contractors contracted by BWG collects from public records. This information will be submitted to you via a mineral ownership report. BWG’s independent contractors will locate as much additional background information on the property you are seeking as is reasonably and publicly available. However, BWG and its independent contractors are limited by the amount and accuracy of the information that is provided by governmental records. Since variations on timing of property record updates exist, it is possible that some data, such as very recent transactions, may not be available for the mineral title investigation. Your mineral ownership report will capture all data currently available to BWG’s independent contractors, but it is possible that some items will not be non-reported; there may be unrecorded documents that may affect the title to the property being investigated. Mineral ownership reports do not always contain all details or exhaustive information. Moreover, BWG’s independent contractors utilize records controlled by third parties and report the results to you. Down time by third party systems might result in delayed responses to the search investigation. Changes in the law may affect the scope of the results provided, or even the accuracy of the records delivered. You are paying for BWG’s research services, not particular results. Mineral ownership reports are provided “as is,” and refunds will not be provided for incomplete or inaccurate reports.
The records contained in public files occasionally contain errors or omissions, and you specifically agree to hold BWG harmless from any and all claims, counts, debts, allegations or causes of action relating to any reliance on the information provided by BWG. This release and hold harmless agreement shall be binding on all successors and assigns. Please note that some county and state records may not be available to the BWG’s contractors due to the scope of information released by those jurisdictions. BWG does not accept liability for errors in municipal records or other indexes used to compile data.
The products and services provided by BWG do not include a physical property inspection, an appraisal, property valuation, or an analysis of market conditions. The products and services provided by BWG are NOT a substitute for professional legal or real estate services. BWG cannot guarantee that the mineral property being investigated will have any value. BWG specifically disclaims any effort to provide legal, insurance, or real estate services and emphasizes that these services are not a substitute for a legal records abstract, legal title opinion, or services of an attorney, appraiser, insurance agent, or real estate broker. The operators of the Web Site are not licensed professionals. For a complete, legally accurate property title status, you should contact a local attorney or title insurance company.
Many public records databases have disclaimers or limitations similar to this one, which should be understood by you: “This index is not the official record maintained by the Register of Deeds, and should be used only to locate or identify recorded documents. The index may not reflect every claim asserted against a particular piece of property, it merely provides key information taken from recorded documents. The office of the County Register of Deeds does not guarantee or assure the accuracy of the information contained in this index, nor does it assure or verify the truthfulness of any information contained in any recorded document. Documents referenced in this index should be reviewed by an attorney, title examiner or other real estate professionals to determine the interests or claims of any party.” The mineral ownership reports are sent to you after an examination of copies of the public records. Even the most thorough search, however, cannot absolutely assure that no title hazards or defects are present, despite the knowledge and experience of BWG’s independent contractors. In addition to matters shown by public records, other title problems may exist that cannot be disclosed in an investigation.
Other examples of areas of a real estate transaction which are beyond the scope of the products and services provided by BWG, which may require a legal opinion from a qualified real estate attorney include, but are not limited to the following questions:
- How should title be taken and why?
- Do any easements or covenants restrict the use of the property and in what manner?
- What local land use regulations affect the property?
- What are the rights and responsibilities of the parties under the property’s sales contract? Deed of Trust? Deed of Trust Note?
- Are the documents appropriate for the intended transfer?
- Is the correct property being considered?
- Are there issues beyond the scope of the title search that can affect the secure ownership of the property?
5. COPYRIGHT AND TRADEMARK NOTICE: - The materials provided through the Web Site (and any other internet web site owned, operated, licensed, or controlled by BWG) including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions and are the proprietary information and valuable intellectual property of BWG. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. No right, title or interest in any of the materials contained on this Web Site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this Web Site. The foregoing prohibition expressly includes, but is not limited to, the practices commonly known as “screen scraping” or “database scraping.” Modification or use of the BWG’s proprietary information, except as expressly provided in this Agreement, violates the BWG’s intellectual property rights.
Trademarks, service marks, and logos appearing on the Web Site are the property of BWG or the party that provided the trademarks, service marks, and logos to BWG and Web Site. BWG aggressively defends its intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. The trademarks and service marks used or displayed on the Web Site are either trademarks or service marks or registered trademarks or service marks of BWG or a third party. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the trademark or the service mark, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Web Site. BWG and any party that provided trademarks, service marks, and logos to Web Site, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Web Site.
6. TRANSMITAL/ACCESS/USE OF INFORMATION: If you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. To access the Web Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition precedent to your use of the Web Site that all information you provide will be correct, current, and complete. If the Web Site believes the information you provide is not correct, current, or complete, the BWG and the Web Site have the right to refuse you access to the Web Site or any of its resources, and to terminate or suspend your access at any time.
The information provided by BWG is for your direct individual use only. Even searches you order at the request of third parties, such as your bank, attorney, or other entity, are still provided for your use only. You are solely responsible for ensuring that the search report is suitable for any use.
Except with the written permission of BWG, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.
Except with the written permission of BWG, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution. Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Web Site’s products, services, content, or information. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Web Site or its materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Web Site or any communications on it. You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site.
Except with the written permission of BWG, you agree that you will not create links from any web site or web page to any page within the Web Site. You agree that if BWG, in its sole and absolute discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.
The information generated by BWG and its contractors related to mineral ownership of your property may be used and maintained by BWG for any commercial purpose. You agree that BWG shall have such unimpeded use of such information for commercial purposes.
7. RESTRICTIONS ON USE OF WEB SITE: You may use the Web Site only for purposes expressly permitted by this Agreement. You may not use the Web Site for any other purpose, including any commercial purpose, without the BWG’s express prior written consent. Without the express prior written authorization of BWG, you may not: (a) duplicate the Web Site, its products or services, or any of the materials contained therein (except as expressly provided in this Agreement); (b) create derivative works based on the Web Site or any of the materials contained therein; (c) use the Web Site or any of the materials contained therein for any public display, public performance, sale or rental; (d) re-distribute the products or services purchased on the Web Site or any of the materials contained therein; (e) remove any copyright or other proprietary notices from the Web Site or any of the materials contained therein; (f) frame or utilize any framing techniques in connection with the Web Site or any of the materials contained therein; (g) use any meta-tags or any other “hidden text” using the Web Site’s name or marks; (h) “deep-link” to any page of the Web Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Web Site; (j) use any data mining, robots or similar data gathering and extraction tools on the Web Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the materials except and only to the extent permitted by applicable law; or (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau, or otherwise assign to any third party the materials or any of your rights to access and use the materials as granted in above. You agree to cooperate with the BWG in causing any unauthorized use of the Web Site to cease immediately. The goods and/or services purchased on the Web Site shall be for the your personal use and shall not be used by your or your agents, representatives, employees, or other persons authorized by you for professional or entrepreneurial purposes. You shall not purchase the Web Site’s services to replace, supplement, or create any legal title, ownership, insurance, or encumbrance report. You hereby agree that you have been notified that all communications submitted to the BWG and the Web Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
8. TERMS OF SALE: All orders are deemed offers by you to purchase the BWG’s products and services. BWG may accept your offer by issuing a confirmation letter and/or forwarding the products specified in your order by fax, email, or United States mail. BWG’s acceptance of each such offer is expressly subject to and conditioned on your assent to this Agreement. No other terms or conditions will apply. All sales are final. BWG may without liability cancel any accepted order before delivery of the product via fax, email or mail, if BWG’s credit department does not approve your credit or if there are other problems with your payment. All product reports shall only be used in the United States, unless user receives prior written approval by BWG. You will be notified of the price of the products and services offered by the Web Site/BWG prior to confirmation of purchase. Quoted prices will include all applicable taxes and charges for shipping and handling. BWG reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer may contain additional terms with respect to your rights and liabilities as a card holder.
9. PAYMENT: Upon choosing to purchase the BWG’s products and services, you may be required to pay up to 50% of the fee in advance unless other arrangements are agreed to by BWG. The balance of payment must be received by BWG prior to emailing, faxing, and/or shipping your order. BWG accepts payment by check, money order, Visa/Mastercard and Discovery. All payments must be in United States dollars.
10. BILLING ERRORS: If you believe that you have been erroneously billed, please notify BWG immediately of such error. If BWG does not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release BWG from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to BWG within thirty (30) days of such error’s first appearance on any account statement.
11. SHIPPING AND HANDLING: BWG will arrange for shipment of the products to you, if that is your desired method of receiving the product. Title, risk of loss and damage pass to you upon BWG’s transfer of the products to the carrier. You will pay all shipping and handling charges specified during the ordering process. Shipping schedules are estimates only and cannot be guaranteed. BWG is not liable for any delays in shipments.
12. DISCLAIMER: YOUR USE OF AND RELIANCE UPON THE CONTENT, INFORMATION, OR SERVICES PROVIDED BY BWG AND THROUGH THE WEB SITE ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. BWG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMLINESS OF SUCH CONTENT, INFORMATION, OR SERVICES, INCLUDING ANY INFORMATION REGARDING MINERAL OWNERSHIP OR INFORMATION CONTAINED IN ANY MINERAL OWNERSHIP REPORT. BWG EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
BWG FURTHER DISCLAIMS AND EXPRESSLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE WEB SITE OR ANY OF THE PRODUCTS AND SERVICES PURCHASED THEREIN. BWG MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE WEB SITE. BWG IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. BWG EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE PROPER PERFORMANCE OF THE WEB SITE’S SERVICES, AS WELL AS THE PERFORMANCE OF BWG’S INDEPENDENT CONTRACTORS’ SERVICES. ANY INFORMATION DERIVED FROM THE USE OF BWG AND THE WEB SITE’S PRODUCTS AND SERVICES SHOULD NOT BE EXCLUSIVELY RELIED ON IN ANY REAL ESTATE TRANSACTION, AND THESE PRODUCTS AND SERVICES ARE NOT AN APPRAISAL OR LEGAL TITLE OPINION. ALL MINERAL OWNERSHIP REPORTS ARE COMPILED USING INFORMATION FROM PUBLIC RECORDS, AND BWG DISCLAIMS ALL LIABILITY AS TO THE ACCURACY OF THOSE PUBLIC RECORDS.
BWG DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. BWG MAY MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. WHILE BWG STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE AND CURRENT, BWG CANNOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BWG RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THE WEB SITE AT ANY TIME, AND WITHOUT NOTICE. ANY FILES, PROGRAMS OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13. LIMITATION OF LIABILITY: IN NO EVENT SHALL BWG (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) (COLLECTIVELY, “PROVIDERS”) BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, EXPENSE OR DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST REVENUE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, GOODWILL, OR SIMILAR DAMAGES, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS OR BY THE USE OR RELIANCE UPON THE CONTENT, INFORMATION, SERVICES, USE, OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE USE, EXISTENCE, OR RELIANCE UPON ANY CONTENT, INFORAMTION, OR SERVICES PROVIDED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL APPLY EVEN IF BWG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER AGREE THAT BWG AND ITS PROVIDERS WILL NOT BE HELD LIABLE FOR ANY OF THE FORGOING, EVEN IF THE RESULT OF THE NEGLIGENCE OR GROSS NEGLIGENCE OF BWG OR ITS PROVIDERS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR RELATED SERVICES, OR WITH ANY PART OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND RELATED SERVICES.
14. INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BWG, ITS OWNERS, AFFILIATES, OFFICERS, AND EMPLOYEES, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION, OR SERVICES THROUGH THE WEB SITE (COLLECTIVELY, “INDEMNITEES”) HARMLESS FROM ANY AND all claims, actions, loss, liabilities, expenses, costs, or demands, including legal and accounting fees, and for all damages directly, indirectly, and/or consequentially resulting OR ARISING from your use of the WEB SITE. You will also indemnify and hold the INDEMNITEES harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site. Indemnitees reserve the right to participate in the defense of such claim at your expense, and to choose their own legal counsel, but are not obligated to do so.
15. TERMINATION: You agree that BWG may in its sole discretion and at any time terminate your access to and use of the Web Site, or any part thereof, with or without notice.
16. UPDATES: BWG reserves the right to make changes to the Web Site and this Agreement, at any time, and may revise this Agreement at any time by updating this posting. Your use of this Web Site following any such change constitutes your agreement to follow and be bound by this Agreement as changed. If any change is unacceptable to you, your only recourse is to discontinue using the Web Site and related services.
17. FORCE MAJEURE: BWG shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond BWG’s reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the BWG’s performance.
18. ASSIGNMENT: The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part by you.
19. SEVERABILITY: If for any reason a court of competent jurisdiction or finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
20. ATTORNEYS’ FEES: In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to attorneys’ fees, including attorneys’ fees incurred on appeal.
21. HEADINGS: All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
22. COMPLETE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Web Site and the Web Site’s products and services, and supersedes and replaces all prior or contemporaneous representations, understandings, or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BWG.