LAST UPDATED AUGUST 14th, 2026
Welcome to (“Website”). This website is owned and operated by Nederlander Marketing, Inc., d/b/a “Broadway Direct (“us”, “we”, and “our”) on behalf of Paduah High LLC. The terms and conditions below (the “Terms”) govern the use of the Website.
By visiting the Website, you expressly agree to be legally bound by these Terms. In addition, our Privacy Policy , which is incorporated herein by reference, apply. These Terms are a legally binding agreement between you, the user (“you” or “your”) and us. You and we are each a “Party” and collectively we are the “Parties” to the agreement.
If you do not wish to be bound by these Terms, please do not use the Website.
- NOTICE OF FUTURE CHANGES
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. The “Last Updated” date at the top of this page will tell you when these Terms were last revised. By continuing to use the Website after that date, you agree to the changes.
- CONTENT
This Website, including all software, content, data, pages, print screens, images, artwork, photographs, audio and video clips, HTML code, source code or software that reside or are viewable or otherwise discoverable on the Website (collectively, the “Content”) are owned by us or our licensed to us by third parties. The Content is protected under copyright, trademark, patent and other intellectual property laws. We do not grant any express or implied right to you to use the materials or information made available to you through the Website and nothing in these Terms shall be construed as an assignment of any Intellectual Property Rights in or to such materials or information. All our rights are hereby expressly reserved.
- LICENSE
We grant you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to visit and use the Website and view our Content for your personal use only, conditioned on your compliance with these Terms. You may not download, copy or use or Content in any way.
- USE OF THE SITE
You agree that you will comply with all applicable laws, rules, and regulations in your use of the Website and that you will not:
- Restrict or inhibit any other person from using the Website.
- Use the Website in any improper or unlawful manner or in breach of any legislation or license that applies to you.
- Publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libelous, hateful, or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil cause of action.
- Interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device.
- Conceal your identity or impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company.
- Harvest or collect information about Website users.
- Use or allow others to use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, browser automation, or agent frameworks) to access, extract, “scrape,” monitor, or download data from us.
- Circumvent or interfere with any technical or policy controls intended to prevent automated access (including robots.txt, meta tags, headers, IP blocks, rate limits, and token gates), and consent or absence of disallow rules in robots.txt does not grant you any license or permission to access or use the Content.
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature or that may compromise the Website’s security.
- Remove any copyright, trademark or other proprietary rights notices contained on the Website.
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Website or the Content.
- Use the Website or the Content to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
- Commit a brute force attack against the Website.
- Circumvent any security measure, access control system, or other technological control and measures on the Website.
- Manipulate any identifiers or disguise the origin of any interaction with the Website.
- Deep link to the Website for any purpose, unless authorized by us.
- Use the Website for any commercial purpose, unless otherwise authorized by us.
These rules are not exhaustive, and we may modify them at any time. We have the right to take appropriate action to enforce these rules to protect the integrity of the Website.
Your license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Website or the Content by you that does not strictly comply with each and every provision of this section exceeds the license granted to you herein.
You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Website. You are responsible for ensuring that no one uses your equipment to access the Website without your permission. We will be entitled to assume that anyone who accesses the Website using your equipment has your permission to do so and you will be liable for any liabilities or damages that may be incurred by any such person.
We will not be liable to you if for any reason our Website is unavailable at any time or for any period nor shall we be liable for any resulting loss or damage to the fullest extent permissible in law.
- CHILDREN
While some of the Content on the Website may appeal to children, the Website is not targeted at children under the age of 18, and they are not permitted to use the Website. If you use the Website, you affirm you are at least 18 years old.
- LINKS
The Website contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
- DISCLAIMER OF WARRANTIES
WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- LIMITATION OF LIABILITY
These Terms limit our liabilities as allowed by applicable law; accordingly, some limitations may not apply to use. For example, these Terms do not limit liability for gross negligence or willful misconduct. But, to the extent allowed by applicable law, these Terms do limit our liabilities – and any liabilities of our offices, directors, employees and agents, as follows:
- WE ARE NOT LIABLE FOR ATTORNEY’S FEES OR FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE.
- YOU VOLUNATRILY ASSUME ALL RISKS IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED WITH THE SITE. YOU WAIVE ANY CLAIMS FOR PERSONAL INJURY OR DEATH AGAINST US. WE ARE NOT AND WILL NOT, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY.
- WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (c) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (d) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENTYOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
- INDEMNIFICATION
By your use of this Website, you agree to waive any claims you may have against us for any damages that you may incur as a result of your use or attempt to use this Website. You agree to defend, indemnify and hold us and our officers, directors, employees, and agents and Paduah High, LLC harmless from and against any and all claims, damages, losses, and expenses of any kind (including attorney’s fees and costs) arising from or related to (a) your use of the Website or Content, (b) your violation of the rights of any third party, (c) your negligence or wilful misconduct or (d) your violation of law or these Terms. We reserve the right to take exclusive control and defense of any claim, and you will cooperate with us in asserting any available defenses.
- DISPUTES
If a claim involves the conditional license granted to you as described in the License section above, either of us may file a lawsuit in a federal or state court located within New York County, New York, and we both consent to the jurisdiction of those courts for such purposes.
- DATA PRIVACY
We will only use any personal information that we may collect about you in accordance with our privacy policy (hyperlink).
- NO WAIVER
Any failure or delay by us to enforce any of our rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
- QUESTIONS?
If you have any questions, comments or complaints regarding these Terms or the Site, please contact Us at help@broadwaydirect.com.
