Patricia Chadwick, owner of FamilyTymes.org (referred to herein as “FamilyTymes.org,”
“We,” “Us”, “Website” or collectively, as “Company”)
This page states the “Terms & Conditions” of FamilyTymes.org under which
You, (the “User”), may use FamilyTymes.org, (the “Website”) and any good,
service or information available on the Website. The Terms & Conditions are a
legally binding contract.
By using this Website, You are indicating Your acceptance to be bound by the
terms of these Terms & Conditions and are indicating that You are at least
eighteen (18) years old.
FamilyTymes.org, a division of PC Publications, (the “Company”) may revise
these Terms & Conditions at any time by updating this page. It is advised that
the User periodically review the Terms & Conditions, because they are binding
on the User. If at any time You find the Agreement unacceptable, You should no
longer use the Website. The terms “You” and “User” as used herein refer to all
individuals and/or the entities they represent (jointly and severally) accessing
this Website for any reason and include, but are not limited to, “Seniors” (person(s)
or entity that is accessing the Website to obtain information about starting or
operating a FamilyTymes.org's website). These Terms & Conditions are
effective as of May 1, 2018.
Use of Material.
The Company authorizes You to view the Material (defined below) on the Website
and in emails from the Company solely for the purpose of enhancing your
knowledge and skills.
The compilation (meaning the collection, arrangement and assembly) of all
content on this Website is the exclusive property of the Company and protected
by copyright laws. Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright, trademark, service
mark and other proprietary notices contained in the original Material on any
copy You make of the Material. You may not sell or modify the Material or
reproduce, display, publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose not expressly authorized in
through any other URL or in conjunction with another company name or trademark.
You shall not copy the HTML code that the Company creates to generate its Web
The Website is intended for individuals looking for ways to better themselves
and/or their skills. You may use this Website only for lawful purposes within
the stated context of the Website’s intended and acceptable use.
FamilyTymes.org is the sole interpreter of the Website’s intended and
acceptable use. As a FamilyTymes.org visitor, this authorizes You to view the
material on the Website and in emails from the Company solely for your personal
shop use. Your use of the Website is a privilege. FamilyTymes.org reserves the
right to suspend or terminate that privilege for any reason at any time, in its
Intellectual Property Rights.
The Website and all owner-created content are the right, title and interest in
and to the Website is the sole property of FamilyTymes.org, a division of PC
Publications or its licensors, and is protected by U.S. copyright and
international treaties. Except for the limited licenses expressly granted to you
in these Terms & Conditions, FamilyTymes.org reserves for itself and its
licensors all other right, title and interest. Without limitation on the
foregoing, you may not reproduce, modify, display, sell, or distribute the
Content, or use it in any other way for public or commercial purpose. This
includes copying or adapting the HTML code used to generate Web pages on the
Website, the Website’s design logo and certain other names or logos which are
service marks or trademarks of FamilyTymes.org, and all related product and
service names, design marks and slogans which are the service marks or
trademarks of FamilyTymes.org. In addition, the “look” and “feel” of the
Website (including color combinations, button shapes, layout, design and all
other graphical elements) are also protected by FamilyTymes.org trademarks,
service marks and copyrights. All other product and service marks contained on
the Website are the trademarks of their respective owners.
Registration & User Information.
The Company may require that You register and provide the Company with certain
information including, name, mailing address and a valid e-mail address (Your
“User Information”). The Company will not ever disclose to any third party
(other than agents and subcontractors of Company) Your name, mailing address,
e-mail address or telephone number without Your prior consent except as provided
applicable laws or in legal proceedings where such information is relevant. The
Company may offer third party services and products to You based on the
preferences that You provide in Your registration and at any time thereafter;
such offers may be made by the Company or by third parties.
The Company may elect to, in its sole discretion, investigate and take action
(however, the Company is not required to do so). The Company need not verify or
assess the accuracy of any User Content or User Information.
Nothing on the Website shall be considered an endorsement, representation or
warranty with respect to any User or third party, whether in regards to its web
Website, products, services, experience, or otherwise.
The Material may contain inaccuracies or typographical errors.
FamilyTymes.org makes no representations about the accuracy, reliability,
completeness, or timeliness of the Website or the Material. The use of the
Website and the Material is at your own risk. Changes are periodically made to
the Website and may be made at any time. You acknowledge and agree that you are
solely responsible for the form, content and accuracy of any material contained
therein placed by you on the Website.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT
THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR
ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE.
(b) IN NO EVENT SHALL FamilyTymes.org (OR ANY OF
ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR
ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS
INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR
ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY DOCUMENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT FamilyTymes.org IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO
YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN
FamilyTymes.org'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES
SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL FamilyTymes.org (OR ANY OF
ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR
ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US
(e) Due to the nature of this Agreement, in
addition to money damages, you agree that FamilyTymes.org will be entitled to
equitable relief upon a breach of this agreement by you.
Promise Not to Sue & Indemnity.
You promise not to sue the Company and hereby waive any and all claims against
the Company from any liability arising out of or related to the acts or
omissions of other users. You agree to defend, indemnify, and hold harmless the
Company, its officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable legal and
or use of the Material or User Content. The Company shall provide notice to You
promptly of any such claim, suit, or proceeding and shall assist You, at Your
expense, in defending any such claim, suit or proceeding.
The Website may contain links to third party Websites as a convenience. The
Company is not responsible for the content of linked third party Websites and
does not make any representations regarding the content or accuracy of materials
on such third party Websites. If You decide to access linked third party
Websites, You do so at Your own risk. You acknowledge and agree that such links
are provided for your convenience and do not reflect any endorsement by
FamilyTymes.org with respect to the provider of such linked Website or the
quality, reliability or any other characteristic or feature of such linked
Website and FamilyTymes.org is not responsible in any manner (including
without limitation with respect to any loss or injury you suffer) for any matter
associated with the linked Website, including without limitation, the content
provided on or through any such linked Website or your reliance thereon.
FamilyTymes.org MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY
LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. In
addition, you should be aware that your use of any linked Website is subject to
the Terms & Conditions applicable to that Website.
No Resale or Unauthorized Use.
You agree not to resell or assign Your rights or obligations under these Term
& Conditions. You also agree not to make any unauthorized use of the Website.
The Company reserves the right, at its sole discretion, to terminate Your use of
the Website at any time for any reason, in which case, You would receive a
refund for any amounts paid for services not yet rendered if You were in
compliance with these Terms & Conditions when Company denied Your right of
continued use of the Material or Website. To the maximum extent allowed by law,
the Company may deny any company or person the right to use the Material or
Amendments to this Agreement and Changes to Website.
FamilyTymes.org may revise this document at any time by updating this page.
Changes will be binding on you on the date they are posted on the Website (or as
otherwise stated in the any notice of such changes). Any use of the Website will
be considered acceptance by you of the then-current Terms & Conditions. If at
any time you find the Terms & Conditions unacceptable, you may not use the
Website any longer. Any new or different terms supplied by you are specifically
rejected by FamilyTymes.org unless FamilyTymes.org agrees to them in a
signed writing specifically including those new or different terms.
FamilyTymes.org may change the Website at any time.
Questions and Notices.
Questions concerning the use of the Website should be directed to us using the “Contact
Us” page. Notices shall be sent, for FamilyTymes.org, to the address
listed on the Website, and, for you, to the email address submitted by you or
such other address as FamilyTymes.org reasonably determines is an appropriate
address for you.
FamilyTymes.org makes no claims that the Content is appropriate or may be
downloaded outside of the United States. Access to the Content may not be legal
by certain persons or in certain countries, and such persons have no right to
access or use the Website. If you access FamilyTymes.org from outside of the
United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. The Terms & Conditions and your Service
Agreement, if you have one, are governed by the internal substantive laws of the
State of New York, without respect to its conflict of laws principles. Jurisdiction
for any claims arising under the Terms & Conditions or your Service Agreement
shall lie exclusively with the state or federal courts in the State of New York.
The sole relationship between You and FamilyTymes.org is that of independent
contractors. If any provision of the Terms & Conditions is found to be invalid
by any court having competent jurisdiction, the invalidity of all or part of a
provision shall not affect the validity of the remaining parts and provisions of
the Terms & Conditions, which shall remain in full force and effect. All
provisions of the Terms & Conditions shall survive termination except those
granting access or use to the Website, and you shall cease all your use and
access thereof immediately. You may not assign or transfer your obligations
under the Terms & Conditions. No waiver of any term of the Terms & Conditions shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided by FamilyTymes.org in a particular
“Legal Notice,” or software license or material on particular Web pages of the
Website, the Terms & Conditions and your Service Agreement where applicable,
constitute the entire agreement between you and FamilyTymes.org.
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