Last updated: August 30, 2020
Please read these terms and conditions carefully before using Bama Tracker. By using or visiting the Site, you are bound to these Terms & Conditions and you indicate your continued acceptance of these Terms & Conditions.
Magic & Wires LLC owns and operates the bamatracker.com website.
This is a binding contract between Magic & Wires LLC and you. By accessing the Site, you hereby accept this agreement. As a material condition of such use, you warrant that you have provided accurate and complete information in any communication with Magic & Wires LLC.
Please note that this Site is under constant development. This Agreement may therefore be modified and updated on an ongoing basis. Please check back to this page regularly.
Access to the Site is provided free of charge. Access does not create a professional services relationship or any other relationship with Magic & Wires LLC. The Site is provided solely for journalistic, research, academic and/or non-commercial use.
Magic & Wires LLC has worked to ensure the accuracy of the information it provides through its services, including through the Site. This information frequently relies on data obtained from many sources, however, and Magic & Wires LLC cannot guarantee the accuracy of the information provided or any analysis based thereon.
YOU EXPRESSLY AGREE THAT THE USE OF MAGIC & WIRES LLC’S SERVICES, INCLUDING THE SITE, IS AT YOUR SOLE RISK. SUCH SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND MAGIC & WIRES LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAGIC & WIRES LLC 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 MAGIC & WIRES LLC, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM MAGIC & WIRES LLC NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT AS OTHERWISE STATED, MAGIC & WIRES LLC MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEBSITE LINKED TO THE SITE. YOU AGREE THAT NEITHER MAGIC & WIRES LLC, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER MAGIC & WIRES LLC NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
MAGIC & WIRES LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES 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 MAGIC & WIRES LLC MONTHLY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, MAGIC & WIRES LLC’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
Magic & Wires LLC assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site or accessed through the Site. Magic & Wires LLC also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Site are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Site periodically, we do not have a duty to update information contained in our Site, and we will not be liable for any failure to update such information.
The Site make no representation that information content provided on Site is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
You agree to submit any and all disputes related to this site to binding Arbitration which Arbitration shall be held in Madison County, Alabama. In the event you should initiate litigation (as opposed to Arbitration), you must pay Magic & Wires, LLC any and all costs and expenses in connection with such litigation and site owner's enforcing Arbitration hereunder which costs and expenses shall include, but not be limited to, any and all Attorney’s fees incurred by site owner in connection with the same. Inasmuch, notwithstanding anything herein contained to the contrary, in the event of litigation or Arbitration arising out of the interpretation or enforcement of the rights or obligations under your use of this site, Magic & Wires, LLC shall be entitled to recover its costs and expenses in connection with such litigation or Arbitration including, but not limited to, any and all Attorney’s fees incurred by it.
You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND MAGIC & WIRES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You agree to indemnify, defend and hold Magic & Wires LLC, its affiliates, licensors, suppliers, advertisers and sponsors, 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 these Terms & Conditions; (b) any allegation that any User Submissions 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.
If you attempt to bring any legal action against Magic & Wires LLC based in any way on its products or services, including the Site, you agree that, in the event you do not prevail or Magic & Wires LLC does prevail, you will reimburse Magic & Wires LLC for any costs and attorneys fees associated with their defense of the action, including appellate attorney’s fees.
The use of the Site and any claim or dispute relating to the Site shall be governed by the laws of the Alabama, without regard to its conflicts of law principles. Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms & Conditions, including without limitation this paragraph.
If any provision or portion of these Terms & 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.
If you have any questions about these Terms and Conditions, You can contact us:
BamaTracker.com ©2020 Magic & Wires LLC