Welcome to The Coxswain Café. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE COXSWAIN CAFÉ. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.

1. Agreement to Terms

By using this site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the guidelines, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or the guidelines at any time. Please check these Terms of Use and the guidelines periodically for changes. Your continued use of the site after the posting of changes will mean you agree to abide by those changes.

2. Ownership

This site is owned and operated by The Coxswain Café. The contents of this site are protected by United States copyright and trademark law, international conventions and other applicable laws. All materials contained in the site are the copyrighted property of The Coxswain Café or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to The Coxswain Café or its affiliates and/or third-party licensors. "The Coxswain Café", "Cox to Win" and all logos, characters, artwork, stories, information, names, and other elements associated thereto are the sole and exclusive property of The Coxswain Café. Any use of any of the materials on this site other than for private, non-commercial viewing purposes is strictly prohibited. The use of any of the materials on this site on any other Web site, without a prior written consent from The Coxswain Café, is expressly prohibited. You may not use the site in any manner that could damage, disable, overburden, or impair any site or interfere with any other party's use and enjoyment of any site. You may not attempt to gain unauthorized access to any site, other accounts, computer systems or networks connected to any site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the site.

3. Forums (Message Boards & Posted Comments)

a. You are welcome to post, transmit or submit messages to bulletin boards, chat rooms or other public areas within, or in connection with, this site. The Coxswain Café accepts no responsibility whatsoever in connection with or arising from such messages. The Coxswain Café does not endorse and has no control over the content of messages submitted by others to Forums and/or Stories. Messages submitted to Forums and/or Stories are not necessarily reviewed by The Coxswain Café prior to posting and do not necessarily reflect the opinions or policies of The Coxswain Café. The Coxswain Café makes no warranties, express or implied, as to the content of the messages in the Forums or the accuracy and reliability of any messages and other materials in the Forums. Nonetheless, The Coxswain Café reserves the right to prevent you from submitting materials to Forums and to edit, restrict or remove such messages for any reason at any time.

b. The Coxswain Café assumes no responsibility for actively monitoring Forums for inappropriate messages. If at any time The Coxswain Café chooses, in its sole discretion, to monitor the Forums, The Coxswain Café nonetheless assumes no responsibility for the content of the messages, no obligation to modify or remove any inappropriate messages, and no responsibility for the conduct of the user submitting any message. In submitting messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that The Coxswain Café accepts no liability whatsoever if it determines to prevent your messages from being submitted or if it edits, restricts or removes your messages. You also agree to permit any other user of this site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the site by any other person.

c. You agree that any message whatsoever submitted by you becomes the property of The Coxswain Café and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as The Coxswain Café sees fit.

4. Links

This site includes links to other Internet sites solely as a convenience to users. The Coxswain Café does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, The Coxswain Café makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.

5. Submissions

By making any submission, the sender automatically grants, or warrants that the owner of such material expressly grants, The Coxswain Café the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that The Coxswain Café chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all submissions. The sender further waives the right to make any claims against The Coxswain Café relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

6. Communications

You agree that your activities on the site (including without limitation submission of any messages to Forums and/or Stories) will not:

a. infringe The Coxswain Café or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting messages to Forums, you represent to The Coxswain Café that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);

b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for The Coxswain Café or cause The Coxswain Café to lose (in whole or in part) the services of our ISPs or other suppliers;

c. transmit content The Coxswain Café considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;

d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;

e. unless specifically authorized by us, are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including "spam" or any other form of solicitation or promotion;

f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Forums in any way; or

g. are libelous, or an invasion of privacy or publicity rights or any other third party rights.

7. Disclaimer of Warranties

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COXSWAIN CAFÉ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COXSWAIN CAFÉ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS 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. THE COXSWAIN CAFÉ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COXSWAIN CAFÉ BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH THE COXSWAIN CAFÉ, EVEN IF THE COXSWAIN CAFÉ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COXSWAIN CAFÉ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

9. Termination

You agree that The Coxswain Café, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the site and remove and discard all or any part of your account or any submissions, for any reason whatsoever in The Coxswain Café’s sole discretion. The Coxswain Café may also in its sole discretion and at any time discontinue providing access to the The Coxswain Café Site, or any part thereof, with or without notice. You agree that any termination of your access to the site or any account you may have or portion thereof may be effected without prior notice, and you agree that The Coxswain Café shall not be liable to you or any third-party for any such termination.

10. Miscellaneous

The failure of The Coxswain Café to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

11. International Matters

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting education, and providing information to persons in the United States and its territories, possessions, and protectorates. The Coxswain Café is controlled and operated from the United States. We make no representation that materials on the site are appropriate or available for use in any particular location. Those who choose to access the site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.