AGREEMENT BETWEEN THE USER AND TWILIGHTLIVING.COM
TwilightLiving.com, Inc., doing business as Total Living Choices offers this web site to the user (the “User”) conditioned on acceptance by the User without modification of the terms, conditions, and notices contained herein. By accessing and using this web site, the User is deemed to have agreed to all such terms, conditions, and notices (the “Agreement”).
COPYRIGHT AND TRADEMARK NOTICES
All contents of this web site are: Copyright © 2000 TwilightLiving.com, Inc. and/or its suppliers. All rights reserved.
This web site is for the User’s personal, non-commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site.
TotalLivingChoices.com, TLChoices.com, TLChoices, and Total Living Choices are trademarks of Total Living Choices. Other product and company names mentioned herein may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOTAL LIVING CHOICES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
TOTAL LIVING CHOICES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TOTAL LIVING CHOICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TOTAL LIVING CHOICES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TOTAL LIVING CHOICES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS
To the extent that this web site contains bulletin boards, chat rooms, or other message or communication facilities ("forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
• Falsify the origin or source of software or other material contained in a file that is uploaded
• Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose
• Download any file that the User knows, or reasonably should know, cannot be legally distributed via this web site.
The User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this web site only as permitted by these terms and conditions, any additional policies or procedures published in this web site from time to time by Total Living Choices, and applicable law.
Total Living Choices reserves the right for any reason to remove without notice any contents of this web site received from users, including without limitation bulletin board postings. Total Living Choices reserves the right to deny in its sole discretion any user access to this web site or any portion thereof without notice. Total Living Choices reserves the right to edit any notices or postings for clarity and length.
The User acknowledges that chats, conferences, bulletin boards and any other such communications forums hosted by this web site are public and not private communications. Further, the User acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by Total Living Choices, and such communications shall not be considered reviewed, screened, or approved by Total Living Choices.
LINKS TO THIRD PARTIES’ WEB SITES
This web site may contain links and pointers to Internet sites maintained by third parties. Total Living Choices does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by Total Living Choices or its suppliers. The User assumes sole responsibility for use of third party links and pointers.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this web site ("Software") is the copyrighted work of Total Living Choices and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The User shall not install or use any Software that is accompanied by or includes a License Agreement, unless the User first agrees to the License Agreement terms.
For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: TwilightLiving.com, Inc. hereby grants to the User a personal, non-transferable license to use the Software for viewing and otherwise using this web site in accordance with these terms and conditions, and for no other purpose.
Please note that all Software, including without limitation all HTML, ASP code, VB (and scripting), JAVA (and scripting), C#, and Active X controls contained in this web site, is owned by Total Living Choices and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TOTAL LIVING CHOICES AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PRIVACY POLICY AND USE OF INFORMATION
Total Living Choices’ usage of information provided by the User is governed by Total Living Choices’ Privacy Policy.
INDEMNITY
As a condition of use of this web site, the User agrees to indemnify Total Living Choices and its suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from the User’s use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.
SERVICE CONTACT
Contact webmaster@TLChoices.com with questions or problems with this web site.
MODIFICATION OF THESE TERMS AND CONDITIONS
Total Living Choices reserves the right to change this Agreement at any time by revising the terms and conditions herein. The User is responsible for regularly reviewing these terms and conditions. Continued use of this web site following any such changes shall constitute the User’s acceptance of such changes.
GENERAL
Total Living Choices reserves the right to make any and all changes to this web site at its sole discretion without notice to the User. Total Living Choices reserves the right to deny access to this web site to anyone at anytime.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement is governed by the laws of the State of Washington, U.S.A. The User consents to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
The User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Total Living Choices as a result of this Agreement or use of this web site. The User agrees not to hold himself or herself out, as a representative, agent, or employee of Total Living Choices and Total Living Choices shall not be liable for any representation, act or omission of the User.
Total Living Choices’ performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Total Living Choices’ right to comply with law enforcement requests or requirements relating to the User’s use of this web site or information provided to or gathered by Total Living Choices with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and Total Living Choices with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Total Living Choices with respect to this web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved. |
