1. Introduction.

Welcome! This Site and the Mobile App is owned and operated by BB Land Holdings LLC and/or one of its divisions, affiliates, subsidiaries, or joint ventures (“Autry Park,” “Company,” “we,” “our” or “us”). Please read these terms carefully.  By accessing or viewing this Site or participating in or using any service offered on this Site or through the Mobile App (collectively, the “Services”), you agree to these Terms of Use (“Terms” or “Terms of Use”). 

All references to “you” or “your,” as applicable, mean the person that registers for, accesses, or uses the Services. If you use or access the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual.  You represent and warrant that you are at least 16 years of age or visiting the Site under the supervision of a parent or guardian. Our Site is not intended for those under the age of 16. These Terms form a contract between you and Autry Park. If you do not agree to the Terms, do not use the Site or the Services. From time to time, Autry Park may decide to modify, add, or delete portions of these Terms.  If Autry Park does so, your continued use of the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site.

2. Privacy Policy.

Please review our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Services.  Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms.  You understand that through your use of the Services, you consent to the collection and use of this information.

3. Changes to the Services.

We reserve the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided.  Any future release, update, or other additional to the Services shall be subject to these Terms, unless and until an updated set of Terms is posted. Additionally, we reserve the right to suspend or terminate the Services for any reason, without notice, at any time. 

4. Account Creation.

To access and use the Services, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete.   If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, Account and/or password.  We therefore urge you not to share your Account credentials with anyone.  Autry Park reserves the right to refuse Services, cancel orders, terminate accounts or remove or edit content, in its sole discretion.

5. General Information.

When you access this Site, you agree to comply with these Terms and any other policies or requirements posted on the Site.  You agree to abide by all applicable laws, rules, and regulations when registering for, accessing, or using the Services, and may not engage in fraud or misuse of the Services or any conduct that is harmful or harassing to anybody. 

Violating the security of the Services is prohibited and may result in criminal and/or civil liability.  We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected.  Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.  Without limiting the foregoing, you must not do (and agree not to do) any of the following:

• Violate any applicable law or legal requirement.
• Engage in fraud or misuse of the Services.
• Engage in conduct that is harmful or harassing to anybody.
• Post, upload, publish, submit, or transmit any content that:
  • Infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
  • Is fraudulent, false, misleading, or deceptive;
  • Is defamatory, obscene, pornographic, vulgar, or offensive;
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  • Is violent or threatening or promotes violence or actions that are threatening to any other person;
  • Promotes illegal or harmful activities or substances;
  • Constitutes spam, or competes with our business;
  • Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Services.
• Attempt to scrape or collect any personal or private information from the Services or from other users of the Services.
• Resell the Services, in whole or in part, or any content residing or displayed within or through the Services.
• Intercept, monitor, damage, or modify any communication not intended for you.
• Otherwise impersonate or misrepresent your affiliation with any person or entity.
• Alter the way that an aspect of an App or website we provide is displayed or delivered to other users.
• Access, tamper with, or use non-public areas of an App or website we provide, our computer systems, or the technical delivery systems of us or our providers.
• Attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Services.
• Access the Services if we have requested that you refrain from such access.
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
• Assist or permit anybody to violate these Terms.

We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason.

You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

6. Proprietary Rights.

You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral rights or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, Autry Park or its licensors own all Content on this Site, including, without limitation, all videos, articles, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such content. Subject to these Terms, Autry Park grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the Services solely for your personal, non-commercial purposes.  Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all copyright and trademark laws.  You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part.   You may print copies of the Content, provided these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the Contributor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices.  You may not store electronically any significant portion of any Content from this Site.  The use of the Content from this Site on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Autry Park’s prior written approval.

For permission to use Content from this Site or from marketing material authored or distributed by Autry Park, request written permission in advance, and provide full attribution. 

7. Submitted Materials. 

Unless specifically requested, Autry Park does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the Site). Accordingly, if you send Autry Park any information or creative works including, without limitation, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material (“Submitted Material”) reviews, concerning Autry Park or any of our Services, including by tagging our social media accounts or hashtagging with Autry Park identifiers, you grant Autry Park a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. You further represent and warrant that you have the right (including rights of privacy and rights of publicity) to submit the Submitted Material and authorize Autry Park to use Submitted Material as permitted by the license in this section, that the Submitted Material does not violate the rights of any other person or entity, and that your Submitted Material does not contain the confidential or proprietary information of any third party or parties. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment or other content.  You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content.  We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason. 

8. Third-Party Links and Services.

The Services and Site may contain links to third-party websites, offers, or other events and promotions outside of Autry Park.com and/or not owned or controlled by Autry Park (“Linked Sites”), such as retailer or restaurant promotions. We do not control, endorse, sponsor, recommend, other otherwise accept any responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites or the actions of such organizations.  When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those terms and policies.  If you access the Linked Sites, you do so at your own risk. Because Autry Park is not a party to the agreements or transactions made between you and any third-party, even where such agreements or transactions are facilitated through the Services, your remedy is limited to a claim against those third parties—not Autry Park.

9. Claims of Infringement (Digital Millennium Copyright Act Notice).

Autry Park respects the intellectual property of others and requires that you do the same.  In accordance with the Digital Millennium Copyright Act (the “DMCA”) , the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Autry Park will respond expeditiously to notices of alleged copyright infringement that are duly reporter to its Designated Copyright Agent identified below. Autry Park reserves the right to disable and/or remove access to the Site for users who are repeat infringers.  terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:

The Hanover Company

1780 S. Post Oak Lane

Houston, TX 77056

Phone: 713.267.2100

If you believe that content that you or a third party owns has been used via the Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the Services due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

10. Indemnification.

You agree to indemnify and hold harmless Autry Park and the members of its corporate family (i.e., all parents, subsidiaries and affiliates), as well as Autry Park investors and partners, and their respective agents, partners, employees and contractors from and against any claims, damages, loss, costs, fines, penalties, settlements, expenses, payments or other liabilities, including reasonable attorney’s fees and legal expenses, resulting from (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any law or third-party right, including any copyright, trademark, trade secret or privacy right Autry Park to your use of the Site. The members of Autry Park’s corporate family, and the respective agents, partners, employees, contractors, investors and partners of them and of Autry Park, are intended third-party beneficiaries of this paragraph.

11. Disclaimer of Representations and Warranties.

AUTRY PARK MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT AND INFORMATION FOUND ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY OR NON-INFRINGEMENT.  AUTRY PARK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE MAKE NO REPRESENTATIONS THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR THAT WE WILL ENFORCE THE TERMS AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY AUTRY PARK TO MODIFY THE SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN CASES WHERE SUCH LAWS APPLY, THE WARRANTIES WILL BE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. 

12. Limitation of Liability.

IN NO EVENT SHALL AUTRY PARK OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND AUTRY PARK PARTIES (COLLECTIVELY, WITH AUTRY PARK, THE “AUTRY PARK ENTITIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT, ANY BREACH OF SECURITY, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF THE AUTRY PARK ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ANY AUTRY PARK ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE AUTRY PARK ENTITIES’ AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, SITE, OR SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). ADDITIONAL DISCLAIMERS BY AUTRY PARK MAY APPEAR WITHIN THE SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result the contents of this section may not apply to you. In cases where such laws apply, liability of the Autry Park Entities shall be limited to the fullest extent permitted

13. Wi-Fi Services.

We may offer access to Wi-Fi services on physical properties that we own or manage.   When we do this, a separate agreement (and privacy policy) will apply, and we may require users to provide additional information in order to access those Wi-Fi services.

14. Governing Law.

The Terms and the relationship between you and Autry Park shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in New York County, New York. We both agree to submit to the personal jurisdiction of the federal and state courts located within New York County, New York for the purpose of litigating all such claims or disputes that are not subject to arbitration.

15. Statute of Limitations.

Any cause of action arising out of or Autry Park to the Terms, the Site, or the Services must begin within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. There may be jurisdictions in which this contractual limit on the statute of limitations does not apply.

16. Other.

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such topic.  Certain sections of these Terms shall survive any termination of your Account or any aspect of the Services, e.g., should we cease offering them, including but not limited to Sections 2 (Privacy Policy), 3 (Changes to Services), 4 (Account Creation), 5 (General Information), 6 (Proprietary Rights), 8 (Submitted Materials), 10 (Claims of Infringement), 11 (Indemnification), 12 (Disclaimer of Representations and Warranties), 13 (Limitation of Liability), and any other section which on its face was intended to survive the termination or the cancellation of these Terms. If we fail to enforce any part of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms by us must be made in writing and signed by us. If any provision of these Terms (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions — that invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as close to the intention of the parties as possible. All of our rights and obligations under these Terms including any license rights) are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law. Autry Park, its suppliers, licensors and service providers hereby reserve all rights not expressly granted to you.

17. Questions.

If you have questions regarding these Terms, please contact us at info@Autry Park.com.