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Terms of Service
By
visiting or shopping at this web site, you accept the following terms
and conditions. Please read them carefully.
1.
Acceptance of Terms of Service LivingFrontandCenter.com
The LivingFrontandCenter.com website ("Site") is provided to you by
Living Front and Center, ("LivingFrontandCenter.com ") under the terms
and conditions set forth herein ("Terms of Service" or "TOS"). These TOS
govern your use of Site and all services provided in connection with
Site. If you do not agree to the then current TOS, please do not access
or otherwise use the Site. These TOS may be updated by
LivingFrontandCenter.com at any time in its sole discretion; please
check http://www.LivingFrontandCenter.com for the most current version
of these TOS. Your continued use of Site will signify your acceptance of
any change in the terms and conditions set forth herein.
LivingFrontandCenter.com may modify or discontinue Site with or without
notice to you and without liability to you or any third party.
LivingFrontandCenter.com is not responsible for the validity of the
consumer complaints posted to the LivingFrontandCenter.com site.
LivingFrontandCenter.com in not responsible, in any way, for providing,
or helping to provide, businesses' responses to the consumer complaints
that are posted on the LivingFrontandCenter.com site, and/or forwarded
to businesses.
Many
complaints posted to LivingFrontandCenter.com are an historical
'snapshot' of an ongoing situation, as seen through the eyes and
perception of an individual consumer. Sometimes this may occur with
incomplete or inaccurate information at the consumer's disposal. The
point is, the consumer had a positive intent in writing their message;
in helping themselves, in helping other consumers, in helping the
subject business provide a better product or service. This positive
intent, as perceived by LivingFrontandCenter.com, is a requirement for a
consumer to post a message to LivingFrontandCenter.com’s forums &
product reviews.
2. Access to the
Services
Subject to these TOS, LivingFrontandCenter.com may offer to provide
certain services, as described more fully on the Site, and which are
selected by you through the process provided on the Site ("Services"),
solely for your own use, and not for the use or benefit of any third
party. Services shall include, but not be limited to, any services
LivingFrontandCenter.com performs for you, as well as the offering of
any content on the Site. LivingFrontandCenter.com may change, suspend or
discontinue the Services at any time, including the availability of any
feature, database, or content. LivingFrontandCenter.com may also impose
limits on certain features and services or restrict your access to parts
or all of the Services without notice or liability.
You
certify to LivingFrontandCenter.com that you are an individual at least
13 years of age or that you have provided Living Front and Center with
the appropriate valid COPPA authorizations forms if you are under 13
years of age. You also certify that you are legally permitted to use the
Services and access the Site, and take full responsibility for the
selection and use of the Services and access of the Site. These TOS are
void where prohibited by law, and the right to access the Site is
revoked in such jurisdictions. You also agree that you will comply with
any local laws or regulations that may apply to your use of Services,
including, without limitation, any laws requiring registration or
filings with local authorities, and the payment of any taxes. You shall
be responsible for obtaining and maintaining any equipment or ancillary
services needed to connect to, access the Site or otherwise use the
Services, including, without limitation, modems, hardware, software, and
long distance or local telephone service. You are responsible for
ensuring that such equipment or ancillary services are compatible with
the Services.
3.
Content of Opinions (including letters, forum posts, & product reviews)
While you alone are responsible for the content of your messages, and
the consequences of any such messages, you agree to abide by the
guidelines below. LivingFrontandCenter.com reserves the right to "remove
your posting" or "terminate your use" if it becomes aware and
determines, in its sole discretion, that you are violating any of the
following guidelines.
LivingFrontandCenter.com requires that any information posted by you
regarding a company is truthful, factual, and represents an actual
incident. Companies are protected by law from false claims against them.
Your complaint could be construed as a claim about a company and may be
subject to libel laws. Please verify that all information submitted is
accurate and factual.
As a
user of the Site, you acknowledge that LivingFrontandCenter.com does not
pre-screen or edit user authored content but that
LivingFrontandCenter.com and its designees shall have the right, (but
not the obligation) in their sole discretion, to edit or move any
content that is available via the Site. Without limiting the foregoing,
LivingFrontandCenter.com and its designees shall have the right to
remove any content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate and bear all risks associated with the
use of any content, including any reliance on the accuracy and
completeness of such content.
You
acknowledge that LivingFrontandCenter.com may preserve your content and
may also disclose content, if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonable
necessary to: (a) comply with a legal process, (b) enforce the TOS, or
(c) respond to any claims that the content violates the rights of third
parties.
In the
event that you post or make accessible communications or other materials
that infringe the copyrights of a third party, LivingFrontandCenter.com
shall take the actions described in copyright infringement policy
pursuant to the Digital Millennium Copyright Act.
Any use
by you of any other user's information, personal or otherwise, for any
commercial purpose or to obtain direct financial gain (e.g. mass
marketing) is prohibited. Any such use shall be deemed to be a violation
of these Terms of Service. Site is to be used by you for your personal
use only. Commercial uses of Site are strictly prohibited unless prior
written consent from TreelifePublishing.com has been granted. You agree
that you will not use Site for chain letters, junk mail, 'spamming,'
solicitations (commercial or non-commercial) or bulk communications of
any kind including but not limited to distribution lists to any person
who has not given specific permission to be included in such a list.
You
further agree not to use Site to send or post on message boards or any
place on Site, any message, material or user name that is unlawful,
harassing, libelous, defamatory, threatening, harmful, vulgar, obscene,
profane, sexually oriented, threatening, racially offensive, or
inaccurate material of any kind or nature or that encourages conduct
that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or
international law or regulation, or encourage the use of controlled
substances. LivingFrontandCenter.com reserves the right to delete any
such material from Site. LivingFrontandCenter.com will cooperate fully
with any law enforcement officials and/or agencies in the investigation
of any person or persons who violate the Terms of Service contained in
this Section 3.
You
agree not to impersonate any other person or entity, whether actual or
fictitious, including impersonating an employee or consultant of
LivingFrontandCenter.com.
You
agree not to post or use Site to distribute or send any illegal material
of any kind, including but not limited to, illegal material in the form
of text, graphics, video, programs or audio. Posting content or
participating in any form of discussion with the intention to commit any
illegal activity is strictly prohibited.
4.
Ownership of Content
The Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions,
and other copyright laws. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce (except as permitted
in this Agreement for the use of Services), create derivative works
based on, distribute, perform, display, or in any way exploit, any of
the content located on the Site ("Content"), materials, or Services in
whole or in part. You may download or copy the Content, and other items
displayed on the Site for download, for personal use only, provided that
you maintain all copyright and other notices contained in such Content.
You will not store any significant portion of any Content in any form.
Copying or storing of any Content for other than personal, noncommercial
use is expressly prohibited without prior written permission from
LivingFrontandCenter.com, or from the copyright holder identified in
such Content's copyright notice. By submitting content, which shall
include your member name, to any "public area" of Site, including
message boards, forums, contests and chat rooms or by submitting content
for transmission to a third party, you grant LivingFrontandCenter.com,
its affiliates, and the parties to whom such content is addressed a
royalty-free, perpetual, irrevocable, non-exclusive right (including any
moral rights) and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the
public, perform and display the content and any copyright rights,
trademark rights, and other intellectual property rights contained
therein (collectively, the "Rights") (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any Rights
that may exist in such content. You also warrant that the holder of any
Rights, including moral rights in such content, has completely and
effectively waived all such Rights and validly and irrevocably granted
to you the right to grant the license stated above. You also permit any
user to access, display, view, store and reproduce such content for
personal use. Subject to the foregoing, the owner of such content placed
on Site retains any and all Rights that may exist in such content.
5.
Registration and Password
You are responsible for maintaining the confidentiality of your
password. You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify
LivingFrontandCenter.com of any unauthorized use of your registration or
password.
6.
Disclaimer of Warranties
LivingFrontandCenter.com makes no representations or warranties about
the use, applicability, or performance of the Services or Content made
available on the Site. LivingFrontandCenter.com has no special
relationship with or fiduciary duty to you. You acknowledge that
LivingFrontandCenter.com has no control over, and no duty to take any
action regarding: which users gain access to the Site; what Content you
access via the Site; what effects the Content may have on you; how you
may interpret or use the Content; or what actions you may take as a
result of having been exposed to the Content. You release
LivingFrontandCenter.com from all liability for your having acquired or
not acquired Content through the Site. The Site may contain, or direct
you to sites containing, information that some people may find offensive
or inappropriate. LivingFrontandCenter.com makes no representations
concerning any content contained in or accessed through the Site, and
LivingFrontandCenter.com will not be responsible or liable for the
accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site. YOU ACKNOWLEDGE THAT THE
SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LivingFrontandCenter.com
MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
LivingFrontandCenter.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE OR THE SERVICES PROVIDED BY
LivingFrontandCenter.com. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE
(18 USC 2701-2711): LivingFrontandCenter.com MAKES NO GUARANTY OF
CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION
TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
LivingFrontandCenter.com will not be liable for the privacy of e-mail
addresses, registration and identification information, disk space,
communications, confidential or trade-secret information, or any other
content stored on equipment, transmitted over networks accessed by the
Site, or otherwise connected with your use of the Services.
LivingFrontandCenter.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE
INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE SITE. As a
convenience to our members, we may provide links to resources which are
beyond our control. We make no representations as to the quality,
suitability, functionality or legality of any sites to which we may
provide links, and you hereby waive any claim you might have against
LivingFrontandCenter.com with respect to such sites.
7.
Limitation of Liability
LivingFrontandCenter.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE OR
SERVICES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF LivingFrontandCenter.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
8.
Indemnification
You agree to indemnify and hold each of LivingFrontandCenter.com, its
parent companies, subsidiaries, affiliates, officers, directors and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of Site or Services, the violation of these Terms of Service by you,
or the infringement by you, or any other user of your member name, of
any intellectual property or other right of any person or entity.
9.
Applicable Law
These Terms of Service shall be governed by and construed in accordance
with the laws of the State of Ohio, without giving effect to its
conflict of laws provisions.
10.
Remedies for Breach of these Terms by You
In the event that LivingFrontandCenter.com determines, at its sole
discretion, that you have breached any portion of these Terms of
Service, or have otherwise demonstrated conduct inappropriate for the
community of Site, LivingFrontandCenter.com reserves the right to (i)
warn you via e-mail that you have violated these Terms of Service, (ii)
delete any content provided by you or your agent(s) to Site, (iii)
delete all content provided by you to Site, (iv) discontinue your
registration with Site and/or any other LivingFrontandCenter.com
community, (v) notify and/or send content to and/or fully cooperate with
the proper law enforcement authorities for further action, and/or (vi)
take any other action which LivingFrontandCenter.com deems to be
appropriate.
11.
Termination
LivingFrontandCenter.com reserves the right, at its sole discretion, to
immediately, without notice to suspend or terminate (i) these Terms of
Service or (ii) your registration with or ability to access Site and/or
any other service provided to you by LivingFrontandCenter.com upon any
breach by you of the Terms of Service.
12.
Miscellaneous
In the event that any provision of the Terms of Service conflicts with
the law under which the Terms of Service are to be construed or if any
such provisions are held invalid by a court with jurisdiction over the
parties to the Terms of Service, such provision will be deemed to be
restated to reflect as nearly as possible the original intentions of the
parties in accordance with applicable law, and the remainder of these
Terms of Service will remain in full force and effect.
The
failure of either party to insist upon or enforce strict performance by
the other party of any provision of the Terms of Service or to exercise
any right under the Terms of Service will not be construed as a waiver
or relinquishment to any extent of such party's right to assert or rely
upon any such provision or right in that or any other instance, rather,
the same will be and remain in full force and effect.
LivingFrontandCenter.com may assign its rights and obligations under
these Terms of Service and upon such assignment LivingFrontandCenter.com
may be relieved of any further obligation hereunder.
These
Terms of Service and any additional terms (as such terms shall be
identified when posted on Site by LivingFrontandCenter.com constitute
the entire understanding between the parties as to subject matter
hereof, and supersede all prior agreements and understandings.
LivingFrontandCenter.com reserves the right to charge fees, surcharges
and/or membership fees at any time.
BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY
THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Service govern your use of Site and all services provided
in connection with Site, including but not limited to any e-mail
accounts provided to you by LivingFrontandCenter.com.
LivingFrontandCenter.com shall not be liable to you for any breach of
these Terms of Service. If you do not agree to these Terms of Service,
please do not register for, use or enter Site. |