Terms and Conditions
Boiling Frogs Post is referred to herein as “we,” “us” or “our.”
Boiling Frogs Post reserves the right to terminate access to the site for any reason, and to take any other actions that Boiling Frogs Post, in its sole discretion, believes to be in its interest and that of its users. Boiling Frogs Post reserves the right to modify these disclaimers, terms and conditions of access, without advance notice.
We or our licensors own all content and materials on boilingfrogspost.com, including, without limitation, all trademarks and copyrights. You agree not to sell or modify such content or materials or reproduce, display, publicly perform, distribute, or otherwise use such content or materials in any way for any public or commercial purpose, in connection with products or services that are not those of Boiling Frogs Post, in any other manner that is likely to cause confusion among users, that disparages or discredits us or our licensors, that dilutes the strength of our or our licensor’s property, or that otherwise infringes our or our licensor’s intellectual property rights.
By using boilingfrogspost.com, you agree to provide, maintain and update true, accurate, current and complete information about yourself. If you have reason to believe that your account is no longer secure, it is your responsibility to let us know immediately. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the site, and you agree not to engage in unacceptable use of the site, which includes, without limitation, use of the site to:
Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
Disseminate or transmit material that to a reasonable person may be abusive, obscene, defamatory, harassing, intimidating, grossly offensive, vulgar, threatening or malicious, or any content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including Boiling Frogs Post; any material, nonpublic information without the authorization to do so;
Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the site or any other computer network;
Harvest, collect, or use addresses, phone numbers, email addresses, contact information or other personally identifiable information of users;
Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program;
Express or imply that any statements you make are endorsed by us;
Restrict or inhibit any other visitor or member from using the site, including, without limitation, by means of “hacking” or defacing any portion of the site;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the site;
Remove any copyright, trademark or other proprietary rights notices contained in the site;
“Frame” or “mirror” any part of the site;
Engage in any other activity deemed by Boiling Frogs Post to be in conflict with the spirit or intent of this agreement.
You understand that by using the site, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.
Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the law or of the security of boilingfrogspost.com. We may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We reserve the right to disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
We may change boilingfrogspost.com or delete content or features in any way, at any time and for any reason or no reason.
Content and Non-Endorsement
Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Boiling Frogs Post. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. Boiling Frogs Post and third parties may provide links to webpages, websites, and various resources or locations on the Internet. We have no control over the information you access via such links, do not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
The comment areas are designed to permit you to share your ideas and opinions. You acknowledge that people participating in such comment areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the site or comments by third parties. The opinions expressed in the comment areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Boiling Frogs Post. We are not responsible for any errors or omissions in postings in the comment areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Boiling Frogs Post be liable for any loss or damage caused by your reliance on such information obtained through the comment areas.
We have no obligation to monitor these comment areas. You acknowledge and agree that Boiling Frogs Post has the right (but not the obligation) to monitor the comment areas and the materials you transmit or post; to alter or remove any such materials; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the site properly; to protect ourselves, and our visitors; and to comply with legal obligations or governmental requests.
Limitation of Liability and Use
Boiling Frogs Post has worked to ensure the accuracy of the information it provides through our products and this site. This information frequently relies on data obtained from many sources, however, and we cannot guarantee the accuracy of the information provided or any analysis based thereon.
YOU EXPRESSLY AGREE THAT THE USE OF BOILING FROGS POST’S PRODUCTS AND SERVICES, INCLUDING THE SITE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND BOILING FROGS POST MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BOILING FROGS POST DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITE OR FROM BOILING FROGS POST, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM BOILING FROGS POST NOT EXPRESSLY STATED IN THIS AGREEMENT.
BOILING FROGS POST SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER BOILING FROGS POST WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold Boiling Frogs Post, its licensors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the terms and conditions; (b) any allegation that any content or other materials you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the site.
Compliance with the law
We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using boilingfrogspost.com in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such information/data and turn all or a portion thereof over to law enforcement officials.
Special Agreement on Fee-Shifting and Choice of Law
If you attempt to bring any legal action against Boiling Frogs Post based in any way on its products or services, including the site, you agree that, in the event you do not prevail or Boiling Frogs Post does prevail, you will reimburse Boiling Frogs Post for any costs and attorneys fees associated with their defense of the action.
The use of the site and any claim or dispute relating to the site shall be governed by the laws of the State of Oregon, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the State of Oregon. Use of the site is unauthorized in any jurisdiction that does not affect all provisions of these terms and conditions, including without limitation this paragraph.
If any provision or portion of these terms and conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.