Terms of Use and Digital Millennium Copyright Act (DMCA) Notice
Effective Date: Terms of Use Agreement last updated July 1, 2019.
Terms of Use Agreement sets forth the standards of use of the Friends Drift Inn Enterprises, LLC Online Service. By using the Friends Drift Inn Enterprises, LLC website, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
Owned and operated by Friends Drift Inn Enterprises, LLC this website offers with limitation all information contained on this website “ as is.” Your use of our service constitutes your agreement to Terms and Conditions of Use.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Friends Drift Inn website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Friends Drift Inn Enterprises, LLC may change or stop services, may change or block access to our services for any reason. We are not required to notify you and we assume no liability to you or third-party providers. We reserve the right to take legal action even after your membership is blocked. Any unpaid balances will be collected.
A Word to our International Friends Outside the United States of America
Friends Drift Inn Enterprises, LLC is in the United States of America. We do not have the ability to certify Services are user-friendly, culturally appropriate, or even available to you outside the United States of America. If you are accessing our site from abroad, it is on you. You are responsible for complying with the laws governing your locations.
Description of Service
Friends Drift Inn is providing Member with specialty foods through E-commerce, recipes, and lifestyle topics covering entertainment, sustainable farming, and living in Appalachia. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties
The site is provided by Friends Drift Inn Enterprises on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Friends Drift Inn Enterprises, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Friends Drift Inn Enterprises, LLC shall have no liability for any interruptions in the use of this Website. Friends Drift Inn Enterprises, LLC disclaims all warranties about the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.
Limitation of Liability
Friends Drift Inn Enterprises, LLC shall not be liable for any damages whatsoever, and in particular Friends Drift Inn Enterprises, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use arising out of or related to this website or the information contained in it, whether such damages arises in contract, negligence, tort, under statue, in equity, at loan, or otherwise even if Friends Drift Inn Enterprises has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations are inapplicable.
Indemnification
Member agrees to indemnify and hold Friends Drift Inn Enterprises its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Friends Drift Inn Enterprises, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Friends Drift Inn Enterprises, LLC shall not be liable to Member or any third party should Friends Drift Inn Enterprises exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Friends Drift Inn Enterprises, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Friends Drift Inn Enterprises makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Friends Drift Inn Enterprises, LLC makes no warranties or representations whatsoever about any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts Kentucky
Our website is operated and provided in the State of Kentucky. As such, we are subject to the laws of the Commonwealth of Kentucky and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of Kentucky.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by Friends Drift Inn Enterprises, LLC with all rights reserved, or is the property of Friends Drift Inn Enterprises, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Friends Drift Inn Enterprises, LLC ] is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Friends Drift Inn Enterprises, LLC.
Friends Drift Inn Enterprises, LLC are proprietary marks of Friends Drift Inn Enterprises, LLC. Friends Drift Inn Enterprises, LLC trademarks and logos may not be used in connection with any product or service that is not provided by Friends Drift Inn Enterprises in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Friends Drift Inn Enterprises, LLC.
All other trademarks displayed on Friends Drift Inn Enterprises, LLC website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Friends Drift Inn Enterprises, LLC.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
Friends Drift Inn complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any web site containing Friends Drift Inn Enterprises, LLC FriendsDriftInn.com content, please contact the agent designated to respond to reports alleging copyright infringement.
Designated Agent:
The designated agent for Friends Drift Inn Enterprises, LLC to receive notification of claimed infringement under Title II of the DMCA is: Charlie Pinson at info@pinsoninsurance.com, Friends Drift Inn Enterprises, LLC 128 Caroline Ave, Suite 101, Pikeville, KY 41501 606.433.0031
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf; 2. A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Friends Drift Inn Enterprises, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Charles Pinson
128 Caroline Ave, Suite 100
Pikeville, KY 41501
Botnets
Friends Drift Inn Enterprises, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Friends Drift Inn Enterprises, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Friends Drift Inn Enterprises, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement if applicable.