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Legal Information

Terms of Use for this Web Site

 

New Track Media, LLC (the "Company") owns and operates the web site pages residing under the name ShopFonsandPorter.com (the "Website").  Access and use of the Website is subject to the following terms and conditions ("Terms of Use").

By using the Website, you acknowledge that you have reviewed to your full satisfaction and understood these Terms of Use and the Company’s Privacy Policy, and you accept and are subject to these Terms of Use and the Company’s Privacy Policy.  If you do not agree to these Terms of Use or the Company’s Privacy Policy, please do not use the Website.  If you breach any of the Terms of Use, your authorization to use the Website automatically terminates, and you must immediately destroy any downloaded or printed materials. The Company reserves the right to change the Terms of Use by posting new Terms of Use here and by changing the "Effective Date" at the end of this page.  Your use of the Website is subject to the most current version of the Terms of Use posted here at the time of such use.

Copyright

The Company owns or licenses all materials available through the Website, including all text, downloadable files, HTML code, multimedia clips, images, graphics, icons, programming code, and the selection and arrangement of the contents of the Website (collectively, the "Materials").  Unless otherwise indicated, all Materials are copyrighted © 2010 New Track Media, LLC, and any unauthorized use of the Materials may violate copyright and other laws. 

The Company hereby grants to you a limited, non-transferable, non-exclusive right and license solely to:

  • display and reproduce unaltered Materials comprising the Website for personal, non-commercial use while seeking information regarding the Company and its business; and
  • if you are a news reporting organization, display, reproduce, modify and distribute limited portions of Materials comprising the Website, as reasonably necessary for  legitimate news reporting and commentary activities.

Except as expressly described in the limited license above, without the express written consent of the Company, you may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Materials or use the Materials for any purpose whatsoever. For consent to reuse any Materials hosted on the Website, other than as expressly provided by the limited license above, please contact the Company using our online Contact Information.  Except for the limited license expressly granted to you in these Terms of Use or otherwise in writing, the Company reserves for itself all other right, title and interest in and to the Materials.

To the extent reproduction of Materials is permitted, the following notice shall appear on all reproductions of such Material: "© 2010 New Track Media, LLC.  All Rights Reserved."  All authorized reproduction of multimedia clips, images, graphics, or icons comprising a part of the Material must be executed to assure that such Materials are not distorted, modified or altered in any way whatsoever.

Trademarks

The Company and its affiliates’ trade names, product names, and logos (collectively the "Trademarks") displayed on the Website are trademarks of the Company and their respective owners.  In addition, the names of other companies and products mentioned on the Website and/or third party trade names and logos displayed on the Website are owned by their respective owners.   Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or third party trademarks displayed on the Website without the written permission of the Company or such third party that may own other trademarks displayed on the Website. 

 

Acknowledgments/Disclaimers

INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on the Website may contain technical inaccuracies or typographical errors.  Information may be changed or updated without notice.  The Company may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

The Company does not want to receive confidential or proprietary information from you through the Website. Please note that any information or material sent to the Company will be deemed NOT to be confidential.  By sending the Company any information or material, you grant the Company or any of its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

The Company makes no representations whatsoever about any other web site which you may access through this one, including website of its affiliates.  When you access any web site under another domain, including web site operated by affiliates of the Company, please understand that it is operated independently from this web site, and that the Company may have no control over the content on that web site.  In addition, a link to a web site under another domain does not mean that the Company accepts any responsibility for the content, or the use, of such web site.  It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Compliance with Law

You shall not use and/or access the Website and/or the Materials in any manner that will violate any applicable local, state, national, international or foreign law, including, but not limited to any regulations having the force of law.   Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of the Website or the sending of any e-mail to an address listed on the Website. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, interfere with any other party's use and enjoyment of the Website or compromise the integrity of, or otherwise modify, the Information.

Indemnity

You agree to defend, indemnify and hold the Company, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or in connection with your use of the Website and/or the Materials. 

Severability and Waiver

If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect.  No waiver shall be deemed a continuing waiver or a waiver of any other term. 

Entire Agreement

Unless specifically provided herein, the Terms of Use constitute the entire agreement between you and the Company with respect to your use of the Website and the Materials. These Terms of Use shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of the Website. 

Termination

Your license to access and use the Website and/or the Materials shall automatically terminate if you are in breach of any of the Terms of Use.  The Company reserves the right, in its sole discretion, to terminate your access to the Website, and to terminate your use of the Materials, or any portion thereof, at any time without notice.  Further, the Company reserves the right to your access or use of any portion of the Website.

Choice of Law and Jurisdiction

The laws of the Commonwealth of Massachusetts and the laws of the United States of America applicable therein will govern as to the interpretation, validity and effect of these provisions, notwithstanding any principles of conflict of laws or your domicile, residence or physical location. You agree that any dispute arising from or relating in any way to this Website, the Materials or these Terms of Use will be brought exclusively in the Federal or State courts located in the Commonwealth of Massachusetts and you irrevocably agree to submit to the jurisdiction of such courts.

Effective as of May 11, 2010

 

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