Ownership of Site & Terms of Use Agreement
PLEASE READ THESE POLICIES. YOUR USE OF AND/OR CONTRIBUTION TO THE ALL-WEATHER FRIEND WEBSITE (“SITE” OR “WEBSITE”) INDICATES YOUR ACCEPTANCE OF THE TERMS OF USE (“TERMS”), INCLUDING THE PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND PRIVACY POLICY, DO NOT USE THIS SITE. THE SITE IS RESTRICTED TO USE BY PERSONS OVER THE AGE OF 13. IF YOU USE THE SITE, YOU ARE VERIFYING THAT YOU ARE OVER AGE 13.
GENERAL INFORMATION.
All Weather Friend, LLC and or All-Weather Friend and or its affiliates, advisors, and owner/manager (hereafter “Company” or “the Company”) reserve the right to revise or remove any part of the Terms in its sole discretion at any time, and without prior notice, by updating this posting. This website (hereafter “Site”) is continually under development and may be revised at any time. Your use of the Site indicates your consent to the Terms and any subsequent changes to the Terms, which are effective immediately upon posting to the Site. This means: I will change the website around from time to time; the terms may change from time to time; if you use the website, you agree to the terms.✶
In using or transmitting information via this Site you agree to refrain from: sending any unlawful, harmful, harassing, defamatory, threatening, obscene, sexually explicit, hateful or otherwise objectionable material; misrepresenting your identity or affiliation or submitting a false email address, violating applicable laws or regulations, violating or attempting to violate the security of this Site, infringing on the intellectual property rights of others, and sending content which contains or consists of software viruses, commercial solicitations, chain letters or mass mailings, or any form of spam. This means: In using the website, please don't do anything wrong or that makes people mad.
USER-GENERATED CONTENT. You must exercise caution, good sense, discretion, and sound judgment in sending information to this Site, posting on the Site, or through any subsequent follow-up contact. You are responsible for any material you transmit to us through the Site and through email or other means of contact, such as phone number or mailing address. You agree, represent and warrant that any information you transmit to or through the Site or to us through email or through other means of contact, including your phone number, mailing address and other contact information you provide is truthful, accurate, not misleading and that you have the right to transmit such information. You further agree represent and warrant that the content you provide does not violate the Terms of Use of this Site, and that you will indemnify and hold harmless the Company for any and all claims and judgments arising out of the content you provide. User generated content (“content”) includes, but is not limited to, any works of authorship, creative works, graphics, images, photos, logos, text, comments, objects, and scripts. By providing content to or using the Site email and contact forms, you consent to being contacted by the Company via email and or any other means of contact you have provided. This means: If you send me information to post, you are responsible for it. If you contact me, I can contact you.
By submitting content to the Company or the Site, the contributor grants non-exclusive, worldwide, perpetual, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, display, perform, and prepare derivative works of the user generated content. The Company and or Site will maintain and use such content in connection with its web and publishing activities. This means: If you send me material to post, I am free to post and use it (for free).
COPYRIGHTS AND TRADEMARKS. The designs, images, text, graphics, slogans, tag lines, logos, button icons, images, audio clips, digital downloads, data compilations, and software used and contained in this Site are protected by U.S. and international law as copyrighted and/or trademarked materials, whether registered or unregistered. Anyone who uses the trademarks or claims, displays, distributes, reproduces or creates derivative works of the copyrighted or trademarked material on the Site for any purpose, whether commercial or noncommercial, without appropriate advance permission from the owner or creator of the trademarked or copyrighted material, will be in violation of the applicable laws and liable for infringement. You may request permission for use of Site materials or information by submitting an inquiry to mary@allweatherfriend.com. This means: The All-Weather Friend and related logos are trademarked, and the website is under copyright protection. You are, of course, free to share links to blogs and other material using the share links. It’s meant to help people, and the right kind of sharing is good.
THIRD PARTY CONTENT. This Site may contain content supplied by parties other than the Company. Any opinions, advice, statements, services, offers, or other information expressed or made available by any such third parties, including but not limited to information providers, users, or guest bloggers are those of the respective author(s) or distributor(s) and not of the Company. The Company cannot guarantee the accuracy, reliability, or usability of any such content. This means: I post information sent to me by other people. I believe it is correct and helpful, but I can’t guarantee it. You agree to use it at your own risk.
SITE MONITORING. The Company shall have the right in its sole discretion to edit, refrain from posting, or remove any material submitted to or posted on this Site. The Company shall have the right to remove any material found by the Company to be in violation of the Site’s Terms of Use or other policies or deemed objectionable for any reason. Notwithstanding this right of the Company, users are responsible for the content of their submissions to the Site. Each user agrees that the Company assumes no liability or responsibility for any user’s communication or posting on this Site. This means: I don’t have to post anything I don’t want to post, and I can edit material for accuracy, clarity, and readability before I post it.
THIRD PARTY COMPLAINTS. If you believe that a posting on this Site is a copy of your work in a manner that is not fair use but constitutes copyright infringement, or that your intellectual property rights have in some way been violated, provide notification to the Company using this email address: mary@allweatherfriend.com. This means: If you see something of yours that has been unfairly used, please notify me by email, and I will take it down.
DISCLAIMER OF WARRANTY. This Site is provided on an “as is” basis without warranties of any kind and is not guaranteed to be error-free or to provide information which can be substituted for professional medical or psychological advice. If you have a medical, psychological or emotional problem, you are urged to contact an appropriate professional service provider for assistance. The Company will be not liable for any loss or damage caused by a user’s reliance on information obtained through the content and or postings on this Site or caused by a user’s exposure to content and or postings on this Site. This means: I’m not liable for your use of the website. I’m trying to provide good information, but it’s not guaranteed to be of benefit. You need to take care of yourself by getting help from a professional if you need it.
It is the responsibility of each user to evaluate the accuracy and usefulness of any books, booklets, information or other content available through and from this Site. To the fullest extent permissible pursuant to applicable law, the Company disclaims all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This means: Use the books, blogs, and other material and information posted on or linked to this website at your own risk and with your own best judgement.
The Company does not warrant that this Site or the server that makes it available are free of viruses or other harmful components. The Company does not make any representations or warranties regarding the use or the results of the use of the materials in this Site. Each user agrees that use of this Site is at his or her sole risk. In the event that third party advertisements are posted on the Site, the Company does not endorse, warrant or guarantee any such product or service. This means, again: Use the website at your own risk.
LIMITATION OF LIABILITY. The disclaimers of liability contained herein apply to any claim or damages or injury for any reason resulting from use of this Site, or materials or information provided or promoted by the Site, or submission of information to the Company via the Site or any follow-up or other contact.
PRIVACY POLICY.
All information gathered on our Site is used only for the purposes of the Site, for All-Weather Friend and/or Mary Cail books, booklets and other materials, and for marketing.
SECURITY. The Company takes precautions to ensure that your information is maintained, managed and used according to the terms of our Privacy Policy. However, the user or provider acknowledges that the security of data transmitted over the Internet cannot be guaranteed. Any risk related to use of the Site is assumed solely by the user or contributor. The Site provides links to other websites and cannot be held responsible for the privacy practices of websites associated with these links. This means: I will do my best to safeguard your information, but the Internet is basically not all that safe. You accept the risk in what you transmit over the Internet and in your use of the Internet.
WHEN YOUR INFORMATION WILL BE SHARED OR DISCLOSED. We may provide your name, mailing address, and email address to third parties that manage and communicate with subscribers to our mailing lists. We may provide any information you have submitted via this Site to comply as required by law with any legal proceedings, to establish, exercise or defend our legal rights, or as a transfer of business assets should a merger, sale of company assets, insolvency, or other related transaction take place in the future. This means: If the website ever gets off the ground enough that a third party is managing the mailing lists, the third party will be permitted to do it, and that for business or legal reasons, your contact information may be appropriately shared.
CONTACT AND OTHER INFORMATION. Users understand that the Site blogs, discussion forums, podcasts, and other means of conveying information are intended to be open conversations with web visitors and that any information, contact information, and comments or posts submitted in connection with the blog or forums may be publicly displayed and the contributor of such content may be personally identifiable. Although the Company will try not to publish your name or web address if you have requested that we not do so, we cannot guarantee anonymity to a Site contributor who who (1) posts or comments or submits information on our blogs, contact forms or forums or (2) participates as a guest blogger or podcaster. This means: If you submit a blog, podcast, or comment, and it is published, it will be published with your name.
Information may be collected about Site users, such as name, email, mailing address and any additional information you provide, and tracking information as you navigate through the Site. We will use information to fulfill requests to be on our mailing lists and to allow participation on the Site. Contributions or the information provided by Site users may be used by the Company or its respective affiliates, employees, agents, and third-party-service providers, if any, as they may determine necessary, without compensation or consideration to the user. This means: If you contribute to the website, I can freely use what you’ve contributed.
User provided content and contributions to the Site and/or All-Weather Friend books, booklets, and other publications displayed on the Site will be used without compensation to the contributor or user and may or may not be used anonymously. If content is selected for use on the Site or for use in an upcoming publication or revision of an existing publication, the Company will make a reasonable effort to conceal personal identity by using first the name only, or changing the name and/or geographic location of the contributor or user, if requested by the contributor or user. At its discretion, the Company may change other identifying details. Despite these precautions, the Company cannot guarantee that a contributor or user will not be recognized in an All-Weather Friend publication, and the contributor assumes this risk. This means: The website is part of the All-Weather Friend. If you submit content to me by contributing blogs, podcasts, or by any other means, I have permission to use your contribution in the work of the All-Weather Friend, and it may be possible for others to identify you.
The contributor or user absolves the Company of any liability for damages for use of contributions made the Site or All-Weather Friend publications by any means, including but not limited to email contact, phone contact, and transmission of information via the Site. Contributors who provide phone contact information acknowledge that phone interviews or follow-up calls will be recorded, that we may keep any information you provide to us through any means of communication, including email or other correspondence or inquiry, for any of the purposes for which we use information collected on our Site. The contributor consents to being contacted by the Company by any means deemed appropriate by the Company. This means: I’m not liable for your use of website or any All-Weather Friend materials, and if you share information, I have your permission use it. I can contact you if you’ve given me your contact information. I can save the information you’ve given me.
CHANGES TO THIS POLICY. The Company may update this privacy policy. It is the user’s responsibility to periodically review the policy. Your use of the Site indicates that you are in agreement with and bound by all Site policies.
INDEMNITY.
The Company is not liable to you or to any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect, or special damages arising from use of the Site, the services, or the materials available on or through the Site. You hereby release the Company and hold the Company harmless from any and all claims, demands, losses, expenses, and damages of every kind and nature (including, without limitation, actual, special, incidental, and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your direct or indirect use of this Site or the services, materials, commercial products, information, or third party user generated content available on or through the Site. You hereby waive the provisions of any state or local law limiting or prohibiting a general release.
GOVERNING LAW. By choosing to visit our Site or otherwise provide information to the Site and or Company, you agree that any dispute over the Terms or privacy policy will be governed by the laws of the State of Virginia. You agree to mediate such disputes in the vicinity of Charlottesville, Virginia and to abide by any limitation on damages contained in our Terms of Use. Notwithstanding the other provisions of these Terms of Use, if the Company is found to be liable to you for any damage or loss which arises out of or is connected to your use of the Site, the aggregate liability of the Company shall not exceed One Hundred US dollars ($100.00). The Company understands that some legal jurisdictions prohibit limitations of liability.
If any provision of these Terms is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
If you have any concerns about these Terms or about the privacy policy please express these concerns by emailing mary@allweatherfriend.com.
✶ “This Means” comments are meant to help you understand the website terms in my plain, un-legal, layman’s language. (“I”, “I’m”, and “my” means “the Company” as described in line one under general information; “you” means website and/or All-Weather Friend user and/or contributor.) These comments do not disarm or water down the legal meaning of the statements they follow.