People helping people be successful

Terms of Use

AGREEMENT

The Bama Companies Inc. (“Bama”) website is comprised of various webpages operated by Bama. “Bama website” shall be defined herein to include bama.com and all other webpages operated exclusively by Bama (“Services”).

The Bama website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Bama website constitutes your agreement to all such terms, conditions and notices. Bama reserves the right to change the terms, conditions and notices under which the Bama website is offered. The materials provided on this Bama website are protected by law, including, but not limited to, United States copyright laws and international treaties.

OWNERSHIP OF INTELLECTUAL PROPERTY

Bama owns the copyright to all materials and the trademarks, service marks, and trade dress (collectively referred to a “Intellectual Property”) displayed on and from this Bama website, or has licensed the use of the Intellectual Property on the Bama website from third party owners thereof. Notwithstanding any other term or condition in this agreement, Bama and its licensors retain ownership to all Intellectual Property on this Bama website and all material on and from this site. Nothing on this Bama website should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property on the Bama website is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Bama or its licensors. All rights not expressly granted herein to you are reserved by Bama and its licensors.

LINKS TO THIRD PARTY WEBSITES

The Bama website may contain links to other websites (“Linked Sites”). Bama does not endorse any third party Linked Sites. The Linked Sites are not under the control of Bama and Bama is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Bama is not responsible for Webcasting or any other form of transmission received from any Linked Site. Bama is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bama of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Bama website, you warrant to Bama that you will not use the Bama website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Bama website in any manner that could damage, disable, overburden or impair the Bama website or interfere with any other party’s use and enjoyment of the Bama website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Bama website.

MATERIALS PROVIDED TO BAMA OR POSTED TO ANY BAMA WEBSITE

Bama does not claim ownership of the materials you provide to Bama (including feedback and suggestions) or post, upload, input, or submit to any Bama website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bama and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, but without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with Bama.

No compensation will be paid with respect to the use of your Submission, as provided herein. Bama is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bama’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY

The use of the Bama website or its contents is at your own risk. The contents of the Bama website could include technical inaccuracies or typographical errors. Bama may make changes or improvements at any time.

THE CONTENTS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAMA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BAMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BAMA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS BAMA, ITS AGENTS, AFFILIATES, PARENT AND SUBSIDIARY COMPANIES, PARTNERS, CONTRACTORS, UNAFFILIATED THIRD PARTIES, AND ALL OF ITS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS THAT RESULTS OR ARISES FROM ANY USE OR INABILITY TO USE THE SITE OR ITS CONTENTS, OR THAT RESULT OR ARISE FROM ANY ACT OR OMISSION BY THE RELEASEES IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

APPLICABLE LAWS

These Terms of Use are governed by the laws of the state of Oklahoma, without regard to any conflict of laws provisions. You and Bama hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Tulsa County, Oklahoma, for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, (1) the validity and enforceability of the remainder of these Terms of Use shall not be affected; (2) such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law; and (3) such provision shall be valid, enforceable and enforced in its modified form. Now waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

NOTICE AND TAKE DOWN PROCEDURES

If you believe any Submission accessible on or from the Bama website infringes your copyright, you may request removal of those materials (or access thereto) from this Bama website by contacting Bama (address below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g. URL) of an authorized version of the work.
  • Identification of the Submission that you believe to be infringing and its location. Please describe the Submission and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
  • Your name, address, telephone number, and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury” you are the copyright owner or authorized representative.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

For copyright issues relating to the Bama website, please contact us at:

The Bama Companies Inc.
2745 E. 11th Street
Tulsa, OK 74104
Attn: Bama Legal Department

TERMINATION

Your access to the Bama website may be terminated by Bama at any time and for any reason or for no reason. You shall have no recourse and Bama shall have no liability with respect to any such termination. All provisions of these Terms of Use relating to warranties, confidentiality obligations, proprietary rights, grant of rights to Submissions, limitation of liability and indemnification obligations shall survive the termination or expiration of your access or use of the Bama website or Services. Upon termination, you must destroy all materials obtained from the Bama website, along with related materials.

GENERAL LEGAL TERMS

The Terms constitute the whole legal agreement between you and Bama and govern your use of the Services (but excluding any services which Bama provide to you under a separate written agreement), and completely replace any prior agreements between you and Bama in relation to these Terms of Use.

You agree that if Bama does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Bama has the benefit of under any applicable law), this will not be taken as a formal waiver of Bama’s rights and that those rights or remedies will still be available to Bama.