Terms of Use

JoshuaTrent.com — Terms of Use

Last Updated June 26, 2011

The terms and conditions set forth in this terms of use notice (the “Terms of Use”) shall govern your visit to and use of the Web sites provided by JoshuaTrent.com (“JT,” “us,” “our,” or “we”), including but not limited to http://joshautrent.com as well as to all subdomains and any interactive, discussion, community share and/or public forum pages of such Web sites, and to all services related to such Web sites (such Web sites and services, collectively, the “Site”). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

General
We reserve the right to change the terms and conditions of these Terms of Use. We will announce any such changes by posting a revised draft of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which are hereby incorporated herein by this reference. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to admin@joshuatrent.com.

Member Sign In
In order to better use the Site, we encourage you to become a member of the Site (a “Member”). If and when you decide to become a Member, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms of Use. You may review, correct, change, or update your membership information by visiting the Your Account section of the Site, or by e-mailing our customer support at admin@joshuatrent.com. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site.

As part of the membership process, you will be asked to select a username and password. You may not choose a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any username in our sole discretion. Your username and password are for your personal use only, and may not be used by any other person. You agree not to transfer or resell your use of or access to the Site (including your username and password) or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, username or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information, and immediately notify us by emailing us at admin@joshuatrent.com. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases) that are conducted through your account.

Community/Share
We welcome you to visit and participate in the “Community” or “Share” section of the Site (“Community/Share”). Community/Share may include elements such as a User Profile, Save Option, Comment Service, Rating Service, Personalized URLs, Bulletin Board service (such as message boards on the Site), Q&A Hours, and other interactive services we may offer from time to time. We value your participation in Community/Share and ask you to please help us to maintain a friendly, safe and informative environment by abiding by these Term of use as well as any Community/Share rules and guidelines posted on those sections of the Site. Information provided in Community/Share may be provided by our staff, special guest experts, or by contributors and users not connected with us, some of whom may use anonymous screen names. The opinions expressed in the Community/Share are not necessarily those of JT. All statements, advice, opinions expressed, and content provided, by Members in Community/Share are those of such Members only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings. We are not responsible for information or materials made available in Community/Share (including errors or omissions in Community/Share postings, content or links and images embedded in Community/Share postings and/or content) or results obtained by using such information or materials. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings in Community/Share and/or the Site.

Information, including “Personally Identifiable Information” (any information which can be used to identify a specific individual, such as a name, postal address, telephone number, or email address), which is posted in Community/Share will be accessible to other Members participating in Community/Share, including people you may not know and whose actions we may not control. Making this information available on the Site may result in a Member receiving “spam” or unsolicited e-mail. Members are encouraged to use discretion when communicating with others and/or disclosing Personally Identifiable Information online. In addition, JT has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through Community/Share or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN COMMUNITY/SHARE, YOU DO SO AT YOUR OWN RISK.

Interactions with Site Users
You are solely responsible and liable for (and JT shall not be responsible or liable for) your interactions with other Site users. JT is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise (“Communications”), between you and any other Site user, or any disputes arising therefrom. You agree to release JT, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other Site user.

Submissions
Please note that we do not accept unsolicited materials or ideas for use in our publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against JT or our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.

IF we do solicit or accept your content or idea and decide to use it on our site we will give full credit to the proper party.  An agreement as to the terms of this credit will be made before the content is posted.

Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions and games on the Site. Each of these activities may be governed by specific rules accessible from the pages of the Site offering the promotion, which are separate from these Terms of Use. By participating in any such activities, you will become subject to those rules. JT urges you to read any applicable rules, which will be linked from the particular activity, and to review our Security and Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules shall control.

Site Conduct
The Site is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Site. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. Decisions as to whether such content violates our standards may be made in our sole discretion, after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on the Site. Without limitation, your use of the Site is conditioned on your compliance with the guidelines set forth in this section, as well as any rules and guidelines that may be posted on particular sections of the Site, and any failure to comply with such guidelines may result in termination of your access to the Site pursuant to the “Termination” section below.

You may not post or transmit any material or content on or through the Site:

  • that violates or infringes in any way upon the rights of others;
  • that solicits, encourages, or promotes the use of illegal substances or activities;
  • which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
  • that is protected by copyright, trademark, trade secret or any other proprietary right;
  • that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
  • that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

You may not post or transmit on or through the Site:

  • advertising or commercial solicitations;
  • promotional materials relating to other Web site or online services which are competitive with us and/or the Site;
  • software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
  • political campaign materials; chain letters; mass mailings; spam mail;
  • any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or
  • any material, non-public information about a company without the proper authorization to do so.

In connection with your use of the Site, you may not:

  • engage in, or encourage or provide instructional materials relating to, any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
  • harvest or collect information about Site visitors or Members without their express consent;
  • use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • create a database by systematically downloading and storing Site content;
  • frame or mirror any part of the Site without our prior written consent;
  • interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
  • impersonate any person or entity, including any representative of JT;
  • falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  • remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Copyright
Copyright 2008-2011 JoshuaTrent.com, TheCountryCooks.com. All rights reserved.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. JT and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. Subject to your compliance with these Terms of Use, you may download or copy one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.  You may, however, redistribute our content on your website provided that your provide a link back to the original content on our site (backlink).

Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.

To send a notice or a counter-notice, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the allegedly infringing material and of where the allegedly infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

Name: Legal Department

Address: JoshuaTrent.com

RR 1 Box 15

Fay, OK 73664

We suggest that you consult your legal advisor before filing a notice or counter-notice.

License
Please note that, because we host Community/Share and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Site (collectively, the “Material”), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.

Third Party Services and Content
The Site contains services and content supplied by parties other than JT (such services and content, collectively, “Third Party Services,” and such third parties, “Third Party Providers”), including Third Party Services that connect Site users with third party vendors (“Third Party Vendors”).
Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any Third Party Provider or Third Party Vendor, including through any Third Party Service, are those of the respective author(s) or distributor(s) and not of JT. We are not responsible for such information or materials, including errors or omissions in such information or materials or results obtained by using such information or materials, and shall not be liable for any loss or damage caused by your reliance on such information or materials. JT does not guarantee the accuracy, completeness, or usefulness of any Third Party Services or such information or materials, nor their merchantability or fitness for any particular purpose.
You are solely responsible and liable for (and JT shall not be responsible or liable for) your Communications with Third Party Providers and Third Party Vendors. JT is not involved in, a party to, or responsible for any Communications between you and any Third Party Provider or Third Party Vendor or any disputes arising therefrom. Any such Communications and disputes are specifically and solely between you and the applicable Third Party Provider or Third Party Vendor. Any warranties or representations made with regard to any Third Party Provider, any Third Party Vendor, the conduct of any Third Party Provider’s or Third Party Vendor’s business, or any products or services featured on any Third Party Service, are made by the applicable Third Party Provider or Third Party Vendor, and not by JT. You agree to release JT, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any Third Party Provider or Third Party Vendor. We do not endorse any Third Party Provider or Third Party Vendor, nor do we guarantee the quality of their goods or services, the information that they provide through the Site, or the conduct of their respective businesses. We encourage you to conduct your own research and due diligence into the Third Party Providers and Third Party Vendors.
Certain Third Party Services may require you to provide additional information in order to use them and/or may collect additional information from you while you are using them (for example, by engaging in Communications with Third Party Providers or Third Party Vendors in connection with such Third Party Services). The collection and use of such additional information may be governed by the privacy policies of the applicable Third Party Provider, and JT urges you to review any such privacy policies.
YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.

Third Party Sites Linked to and From the Site
We may, for your convenience, provide you with links to other Web sites from the Site (each, a “Linked Site”). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on any Linked Site.

Other Web sites may provide links to the Site with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. JT shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.

Purchases and Product Descriptions
The following terms and conditions apply to your purchase of any product through the Site (please note that to the extent that your purchase is carried out on a Linked Site, your purchase will be subject to the terms and conditions of use applicable to such Linked Site):

If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Any such information provided through the Site will be treated by JT in accordance with our Security and Privacy Policy. By submitting such information, you grant JT the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchases.

We do not guarantee that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases through the Site. Your sole remedy for the purchase of any product from JT through the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.

Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (,-OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW),ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT JT, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE SITE AT THE INVITATION OF MSO, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE SITE OR THE INFORMATION SET FORTH THEREIN, (B) THE BREACH OF ANY WARRANTY OR, CONTRACT, AND (C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF JT OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JT NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.

THE SITE CONTENT, AS THAT TERM IS DEFINED ABOVE, INCLUDING WITHOUT LIMITATION TEXT AND GRAPHICS, AND ANY INFORMATION OBTAINED FROM OR PROVIDED BY THIRD PARTIES, AND OTHER MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE RELYING ON THE SITE CONTENT. NEVER AVOID SEEKING PROFESSIONAL MEDICAL ADVICE, OR DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE SITE. RELIANCE ON ANY INFORMATION PUBLISHED ON THE SITE, WHETHER PROVIDED BY MSO, BY OTHERS APPEARING ON THE SITE AT THE INVITATION OF JT, OR BY PUBLIC VISITORS TO THE SITE, IS SOLELY AT YOUR OWN RISK.

 

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we cannot guarantee its absolute security, completeness or correctness, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, please contact us at admin@joshuatrent.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

Monitoring; Removal of Content
We have the right, but not the obligation, to monitor the content and use of the Site, including Community/Share, to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose.
We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of these Terms of Use or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.

Indemnification
You agree to defend, indemnify, and hold harmless JT, its affiliates and its third party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with the Site or any services related to the Site (including Third Party Services); and/or (c) Communications and disputes between you and any other Site user or third party (including any Third Party Provider or Third Party Vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination
Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. The following sections will survive any termination of these Terms of Use: “Interactions with Site Users,” “Submissions,” “Copyright,” “Trademark,” “License,” ” Third Party Services and Content,” ” Third Party Sites Linked to and From the Site,” “Disclaimer of Warranty; Limitation of Liability,” “Indemnification,” “Termination” and “Miscellaneous.”

Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.

Privacy
See the JoshuaTrent.com Security and Privacy Policy.

Miscellaneous
These Terms of Use, our Security and Privacy Policy and any operating rules for the Site established by us constitute the entire understanding between you and us with respect to the use of the Site. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use this Site are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in Oklahoma County, Oklahoma State, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Notices to you may be made via posting to the Site (including by posting such notices or providing links to such notices), by e-mail, or by regular mail, in our discretion. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. JT will not be responsible for failures to fulfill any obligations due to causes beyond its control. The section headings used herein are for convenience only and shall not be given any legal import. As used herein the term “including” means “including,” and the term “include(s)” means “include(s), without limitation.” You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Our Address
JoshuaTrent.com
RR 1 Box 15
Fay, OK 73664
http://www.joshuatrent.com

Permissions
If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to the above address or to admin@joshuatrent.com.

Linking To Our Site
Feel free to link to our site from your site as long as it is promoting JoshuaTrent.com.  We reserve the right to contact you to remove the link at anytime if we feel it is not highlighting us in a favorable way.

Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following Web sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). JT does not endorse any of the products or services listed at such sites.

Martha Stewart Internet — Terms of Use

Last Updated May 3, 2010

The terms and conditions set forth in this terms of use notice (the “Terms of Use”) shall govern your visit to and use of the Web sites provided by Martha Stewart Living Omnimedia, Inc. (“MSO,” “us,” “our,” or “we”), including but not limited to http://www.marthastewart.com, http://www.marthastewartweddings.com, http://www.drweilselfhealing.com, http://www.wholeliving.com as well as to all subdomains and any interactive, discussion, community share and/or public forum pages of such Web sites (including http://tools.marthastewart.com, http://community.wholeliving.com, etc), and to all services related to such Web sites (such Web sites and services, collectively, the “Site”). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

General
We reserve the right to change the terms and conditions of these Terms of Use. We will announce any such changes by posting a revised draft of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which are hereby incorporated herein by this reference. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to members@marthastewart.com.

Member Sign In
In order to better use the Site, we encourage you to become a member of the Site (a “Member”). If and when you decide to become a Member, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms of Use. You may review, correct, change, or update your membership information by visiting the Your Account section of the Site, or by e-mailing our customer support at members@marthastewart.com. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site.

As part of the membership process, you will be asked to select a username and password. You may not choose a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any username in our sole discretion. Your username and password are for your personal use only, and may not be used by any other person. You agree not to transfer or resell your use of or access to the Site (including your username and password) or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, username or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information, and immediately notify us by emailing us at members@marthastewart.com. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases) that are conducted through your account.

Community/Share
We welcome you to visit and participate in the “Community” or “Share” section of the Site (“Community/Share”). Community/Share may include elements such as a User Profile, Save Option, Comment Service, Rating Service, Personalized URLs, Bulletin Board service (such as message boards on the Site), Q&A Hours, and other interactive services we may offer from time to time. We value your participation in Community/Share and ask you to please help us to maintain a friendly, safe and informative environment by abiding by these Term of use as well as any Community/Share rules and guidelines posted on those sections of the Site. Information provided in Community/Share may be provided by our staff, special guest experts, or by contributors and users not connected with us, some of whom may use anonymous screen names. The opinions expressed in the Community/Share are not necessarily those of MSO. All statements, advice, opinions expressed, and content provided, by Members in Community/Share are those of such Members only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings. We are not responsible for information or materials made available in Community/Share (including errors or omissions in Community/Share postings, content or links and images embedded in Community/Share postings and/or content) or results obtained by using such information or materials. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings in Community/Share and/or the Site.

Information, including “Personally Identifiable Information” (any information which can be used to identify a specific individual, such as a name, postal address, telephone number, or email address), which is posted in Community/Share will be accessible to other Members participating in Community/Share, including people you may not know and whose actions we may not control. Making this information available on the Site may result in a Member receiving “spam” or unsolicited e-mail. Members are encouraged to use discretion when communicating with others and/or disclosing Personally Identifiable Information online. In addition, MSO has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through Community/Share or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN COMMUNITY/SHARE, YOU DO SO AT YOUR OWN RISK.

Interactions with Site Users
You are solely responsible and liable for (and MSO shall not be responsible or liable for) your interactions with other Site users. MSO is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise (“Communications”), between you and any other Site user, or any disputes arising therefrom. You agree to release MSO, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other Site user.

Submissions
Please note that we do not accept unsolicited materials or ideas for use in our publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against MSO or our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.

Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions and games on the Site. Each of these activities may be governed by specific rules accessible from the pages of the Site offering the promotion, which are separate from these Terms of Use. By participating in any such activities, you will become subject to those rules. MSO urges you to read any applicable rules, which will be linked from the particular activity, and to review our Security and Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules shall control. (Specific rules regarding sweepstakes and contests offered by Martha Stewart Living Radio may be found here.)

Site Conduct
The Site is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Site. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. Decisions as to whether such content violates our standards may be made in our sole discretion, after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on the Site. Without limitation, your use of the Site is conditioned on your compliance with the guidelines set forth in this section, as well as any rules and guidelines that may be posted on particular sections of the Site, and any failure to comply with such guidelines may result in termination of your access to the Site pursuant to the “Termination” section below.

You may not post or transmit any material or content on or through the Site:

  • that violates or infringes in any way upon the rights of others;
  • that solicits, encourages, or promotes the use of illegal substances or activities;
  • which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
  • that is protected by copyright, trademark, trade secret or any other proprietary right;
  • that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
  • that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

You may not post or transmit on or through the Site:

  • advertising or commercial solicitations;
  • promotional materials relating to other Web site or online services which are competitive with us and/or the Site;
  • software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
  • political campaign materials; chain letters; mass mailings; spam mail;
  • any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or
  • any material, non-public information about a company without the proper authorization to do so.

In connection with your use of the Site, you may not:

  • engage in, or encourage or provide instructional materials relating to, any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
  • harvest or collect information about Site visitors or Members without their express consent;
  • use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • create a database by systematically downloading and storing Site content;
  • frame or mirror any part of the Site without our prior written consent;
  • interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
  • impersonate any person or entity, including any representative of MSO;
  • falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  • remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Copyright
Copyright 2001-2010 Martha Stewart Living Omnimedia, Inc. All rights reserved.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. MSO and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. Subject to your compliance with these Terms of Use, you may download or copy one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

Trademarks
“Martha,” “Martha Stewart,” “Martha Stewart Living,” “Martha Stewart Weddings,” “marthastewart.com,” “Martha Stewart Show,” “Martha Stewart Radio,” “Martha Stewart Everyday,” “Martha Stewart Collection,” “Martha Stewart Pets,” “Whatever, Martha!,” “Dinner Tonight,” “Good Things,” “AskMartha,” “Dr. Weil’s Self Healing Newsletter,” “Blueprint,” “Everyday Food,” “Body + Soul,” “Whole Living,” “wholeliving.com,” “Emeril” “Emeril’s” and “BAM!” are trademarks and/or service marks of MSO and/or its subsidiaries. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of MSO. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of MSO’s trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.

Patent Notice
Certain processes operable on this website and/or functionalities of this website may be covered by one or more of U.S. Patent Nos. 5,937,402; 5,522,077; and 6,101,502.

Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.

To send a notice or a counter-notice, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the allegedly infringing material and of where the allegedly infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

Name: Christian T. Palmieri, Esq.

Address: Martha Stewart Living Omnimedia, Inc.
601 West 26th Street, 10th Floor -Legal Department
New York, NY 10001
Phone: (212) 827-8000
Fax: (212) 827-8188
e-mail: CPalmieri@marthastewart.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.

License
Please note that, because we host Community/Share and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Site (collectively, the “Material”), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.

Third Party Services and Content
The Site contains services and content supplied by parties other than MSO (such services and content, collectively, “Third Party Services,” and such third parties, “Third Party Providers”), including Third Party Services that connect Site users with third party vendors (“Third Party Vendors”).
Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any Third Party Provider or Third Party Vendor, including through any Third Party Service, are those of the respective author(s) or distributor(s) and not of MSO. We are not responsible for such information or materials, including errors or omissions in such information or materials or results obtained by using such information or materials, and shall not be liable for any loss or damage caused by your reliance on such information or materials. MSO does not guarantee the accuracy, completeness, or usefulness of any Third Party Services or such information or materials, nor their merchantability or fitness for any particular purpose.
You are solely responsible and liable for (and MSO shall not be responsible or liable for) your Communications with Third Party Providers and Third Party Vendors. MSO is not involved in, a party to, or responsible for any Communications between you and any Third Party Provider or Third Party Vendor or any disputes arising therefrom. Any such Communications and disputes are specifically and solely between you and the applicable Third Party Provider or Third Party Vendor. Any warranties or representations made with regard to any Third Party Provider, any Third Party Vendor, the conduct of any Third Party Provider’s or Third Party Vendor’s business, or any products or services featured on any Third Party Service, are made by the applicable Third Party Provider or Third Party Vendor, and not by MSO. You agree to release MSO, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any Third Party Provider or Third Party Vendor. We do not endorse any Third Party Provider or Third Party Vendor, nor do we guarantee the quality of their goods or services, the information that they provide through the Site, or the conduct of their respective businesses. We encourage you to conduct your own research and due diligence into the Third Party Providers and Third Party Vendors.
Certain Third Party Services may require you to provide additional information in order to use them and/or may collect additional information from you while you are using them (for example, by engaging in Communications with Third Party Providers or Third Party Vendors in connection with such Third Party Services). The collection and use of such additional information may be governed by the privacy policies of the applicable Third Party Provider, and MSO urges you to review any such privacy policies.
YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.
Third Party Sites Linked to and From the Site
We may, for your convenience, provide you with links to other Web sites from the Site (each, a “Linked Site”). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on any Linked Site.

Other Web sites may provide links to the Site with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. MSO shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.

Purchases and Product Descriptions
The following terms and conditions apply to your purchase of any product through the Site (please note that to the extent that your purchase is carried out on a Linked Site, your purchase will be subject to the terms and conditions of use applicable to such Linked Site):

If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Any such information provided through the Site will be treated by MSO in accordance with our Security and Privacy Policy. By submitting such information, you grant MSO the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchases.

We do not guarantee that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases through the Site. Your sole remedy for the purchase of any product from MSO through the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.

Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (,-OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW),ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT MSO, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE SITE AT THE INVITATION OF MSO, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE SITE OR THE INFORMATION SET FORTH THEREIN, (B) THE BREACH OF ANY WARRANTY OR, CONTRACT, AND (C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF MSO OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MSO NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.

THE SITE CONTENT, AS THAT TERM IS DEFINED ABOVE, INCLUDING WITHOUT LIMITATION TEXT AND GRAPHICS, AND ANY INFORMATION OBTAINED FROM OR PROVIDED BY THIRD PARTIES, AND OTHER MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE RELYING ON THE SITE CONTENT. NEVER AVOID SEEKING PROFESSIONAL MEDICAL ADVICE, OR DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE SITE. RELIANCE ON ANY INFORMATION PUBLISHED ON THE SITE, WHETHER PROVIDED BY MSO, BY OTHERS APPEARING ON THE SITE AT THE INVITATION OF MSO, OR BY PUBLIC VISITORS TO THE SITE, IS SOLELY AT YOUR OWN RISK.

 

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we cannot guarantee its absolute security, completeness or correctness, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, please contact us at members@marthastewart.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

Monitoring; Removal of Content
We have the right, but not the obligation, to monitor the content and use of the Site, including Community/Share, to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose.
We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of these Terms of Use or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.

Indemnification
You agree to defend, indemnify, and hold harmless MSO, its affiliates and its third party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with the Site or any services related to the Site (including Third Party Services); and/or (c) Communications and disputes between you and any other Site user or third party (including any Third Party Provider or Third Party Vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination
Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. The following sections will survive any termination of these Terms of Use: “Interactions with Site Users,” “Submissions,” “Copyright,” “Trademark,” “License,” ” Third Party Services and Content,” ” Third Party Sites Linked to and From the Site,” “Disclaimer of Warranty; Limitation of Liability,” “Indemnification,” “Termination” and “Miscellaneous.”

Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.

Privacy
See the Marthastewart.com Security and Privacy Policy.

Miscellaneous
These Terms of Use, our Security and Privacy Policy and any operating rules for the Site established by us constitute the entire understanding between you and us with respect to the use of the Site. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use this Site are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in New York County, New York State, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Notices to you may be made via posting to the Site (including by posting such notices or providing links to such notices), by e-mail, or by regular mail, in our discretion. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. MSO will not be responsible for failures to fulfill any obligations due to causes beyond its control. The section headings used herein are for convenience only and shall not be given any legal import. As used herein the term “including” means “including,” and the term “include(s)” means “include(s), without limitation.” You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Our Address
Martha Stewart Living Omnimedia, Inc.
601 West 26th Street
New York, NY 10001
http://www.marthastewart.com

Permissions
If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to:

Martha Stewart Living Omnimedia, Inc.
601 West 26th Street
New York, NY 10001
Attn: Permissions Department
You may fax your request to: (212) 827-8180

Linking To Our Site
If you are interested in linking to the Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to affiliate@marthastewart.com.

Filtering
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