These Terms of Service ("Terms") govern your access to and use of bornwest.com (the "Site"), operated by Born West Inc. ("Born West," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
These Terms govern use of the Site only. They do not govern any client engagement. Services Born West provides to clients are governed by a separate written agreement (such as a Master Services Agreement and Statement of Work). If there is any conflict between these Terms and a signed client agreement, the signed agreement controls for that engagement.
You must be at least 18 years old and able to form a binding contract to use the Site. By using the Site, you represent that you meet these requirements.
You may use the Site for lawful purposes and in accordance with these Terms. You agree not to:
We may suspend or restrict access to the Site, in whole or in part, at any time and without notice.
The Site and its contents — including text, graphics, logos, images, video, design, layout, and code — are owned by Born West or its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not use, copy, modify, distribute, or create derivative works from Site content without our prior written consent.
Client names, logos, and trademarks displayed on the Site are the property of their respective owners and are used to identify the work referenced. Their display does not imply any endorsement beyond the relationship described.
If you send us ideas, suggestions, or feedback about the Site or our services ("Feedback"), you grant Born West a non-exclusive, royalty-free, perpetual, irrevocable license to use that Feedback for any purpose without obligation or compensation to you. Do not send us confidential information through the Site that you do not wish us to use on these terms; confidential information should be exchanged only under a separate written agreement.
Content on the Site is provided for general informational purposes only. It does not constitute professional, technical, legal, financial, or other advice, and you should not rely on it as a substitute for advice tailored to your circumstances.
The Site may contain links to or integrations with third-party websites and services (for example, our video player and scheduling tool). We do not control and are not responsible for the content, policies, or practices of those third parties. Your use of third-party services is governed by their terms and policies.
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that any information on the Site is accurate, complete, or current.
TO THE FULLEST EXTENT PERMITTED BY LAW, BORN WEST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify and hold harmless Born West and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Site or your violation of these Terms.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Born West regarding the Site.
Questions about these Terms:
Born West Inc.1800 Sutter St, Suite 500 PMB 8063
Concord, CA 94520-2587
hello@bornwest.com