AGREEMENT BETWEEN USER AND Christmastreetown.COM WEBSITE
These terms of use are an agreement between Christmastreetown.com,
(a subsidiary of Minalt Media, L.L.C.) and its communities; i.e. Christmastreetown,
(herein referred to as the “Website”) and users of its Website (herein
referred to as "you" or "user"). This agreement (herein
referred to as the "Agreement") also governs your use of the products
and services made available to you through our Website. By clicking on the button
below marked "I Accept" or using the Website, you acknowledge that
you have reviewed and agree to all of the provisions, disclosures and disclaimers
in this Agreement and agree to be bound by them in connection with your use
of the Website. Christmastreetown.com reserves the right to modify or supplement
any or all of the terms of this Agreement from time to time without notice to
you. Christmastreetown.com reserves the right, in its sole discretion, to restrict,
suspend or terminate access to all or any part of the Website(s) or to change,
suspend or discontinue all or any aspect of the Website(s), including the availability
of any feature, database, information or content, at any time and without prior
notice or liability.
As you use the Website, you will encounter windows and hyperlinks that take
you to web pages or websites of other companies with which we contract, either
to make their products and services available to you or to enable you to communicate
directly with those companies. Your use of such web pages or websites, while
subject to the terms of this Agreement, is also subject to and governed by the
terms and guidelines, if any, contained within such web page or website. Where
such web page or website contains terms, conditions, policies, notices or disclaimers
prepared by Christmastreetown.com related to the use of our Website or other
web pages, or websites accessed through our Website, such terms, conditions,
policies, notices or disclaimers are incorporated by reference into this Agreement
whether or not any such term, condition, policy, notice, or disclaimer is referenced
below. You acknowledge that you are aware of and accept the terms and conditions
of the Website’s Privacy Policy.
RESTRICTED TO ADULTS AND CHRISTMAS TREE PROFESSIONALS
You must be at least 18 years of age to use Christmastreetown.com
and its Communities. You agree to be solely responsible for (i) maintaining
such controls over the use and/or access to the Website by minors in your family
or (ii) having access to your computer or login limited to the extent necessary
to restrict use to adults. Use of portions of the Website that require an account
and you to log in are intended for and restricted to dental and medical professionals.
OUR STAFF
The Website does not evaluate or perform credentialing of the
Professional participants. Our communities are restricted to Christmas tree
producers, wholesalers, retailers and ancillary professionals only and consumers
are restricted from creating an account on our Website.
When we receive an e-mail, we make reasonable efforts to respond in as timely
a manner as possible but Christmastreetown.com does not guarantee that it will
respond to all inquiries. We reserve the right to ignore or delete any information
including, without limitation, information that is fraudulent, abusive, defamatory,
and obscene or in violation of a copyright, trademark or other intellectual
property or ownership right of any other person. You should be aware of the
general risks of transmitting information over the Internet. While we attempt
to prevent unauthorized persons from accessing our files or tampering with our
site, we cannot guarantee that these efforts will always be successful or that
information will be transmitted without interruption or error and Towniecentral.com
specifically disclaims any liability with respect thereto.
OUR SPONSORS
Christmastreetown.com and its Communities is one way for you
to gather information and to make contact with growers, wholesalers, retailers,
suppliers, nurseries, agrichemical suppilers or other contracting sponsors in
your area who have arranged to post advertisements on, and make other information
available through, our Website (the "Sponsors"). Our relationships
with a Sponsor in a particular area are based on factors we establish, which
may include offering exclusivity in a particular region. Sponsor information
may be displayed based on the zip code where you reside. All information regarding
a specific Sponsor has been provided by that Sponsor.
We contract with Sponsors for a fee and such fee is not based on the volume
or value of any services Sponsors may or may not provide to our users. We do
not endorse, credential or accredit the services our Sponsors advertise and
make no representations or warranties about the type of services, quality of
care, source of payment or billing practices of our Sponsors. We do not verify
or update the licenses, accreditations, certifications or other permits and
approvals of any Sponsor. You are responsible for all activities between you
and a Sponsor.
If you indicate that you wish information about or from a Sponsor, or to be
contacted by a Sponsor, this information is passed along to the Sponsor. We
also provide to our Sponsors general information about the users who contact
our Website.
CONTACTS WITH OTHERS WEBSITES
Our Website may include or provide links to other web sites on
the Internet, which may include information, opinions or recommendations of
various individuals, organizations or companies. In providing such links, we
do not represent to you that it has investigated the content of such information,
opinions or recommendations, and thus you understand and agree that our Website
does not warrant or guarantee the accuracy of such information or necessarily
endorse, credential or accredit any such opinions, recommendations, websites,
individuals, organizations or companies. You acknowledge and agree that Christmastreetown.com
has no control over such sites and is not responsible for the availability of
such external sites. You also acknowledge and agree that we do not endorse and
are not responsible or liable for any content, advertising, products or other
materials on or available from such sites. You should contact the site administrator
or Webmaster for other websites if you have any concerns regarding such links
or the content located on such other websites.
OUR INFORMATION
Christmastreetown.com strives to be a valuable resource of timely
information for our users. We cannot ensure that information we provide is accurate,
exhaustive or complete on every subject or that it will necessarily include
all of the most recent information available on a particular topic.
YOUR INFORMATION
Christmastreetown.com may gather and share customer and client
information with its Sponsors about the areas, topics and communities of interest,
zip codes, and products and services identified, purchased or used by you and
our other users of the Website. Such information may be aggregate or individual.
Information we gather about the use of our website may be used, for example,
in providing information to our Sponsors, advertisers or vendors of products
and services with which we have a relationship. The manner in which we collect
and use personally identifying information voluntarily provided by you is described
in our Privacy Policy. Such information may also be used by Christmastreetown.com
to enforce this Agreement. You agree that all information submitted by you is
accurate and complete. You further agree that you will not access the portions
of the Website requiring a login unless you are a Christmas tree professional.
Christmastreetown.com may restrict or terminate your access to the Website if
it has reason to believe you have provided false or inaccurate information.
COPYRIGHT AND TRADEMARK
All text and images Copyright© by Christmastreetown.com.
The names on our Websites and associated logos are proprietary trademarks and
service marks of Minalt Media, L.L.C.
The Website contains information, software, text, photographs, graphics and
other material that are protected by copyright, trademark or other proprietary
rights of Minalt Media, L.L.C. All content on the Website is copyrighted as
a collective work pursuant to applicable copyright law. You are granted a limited
nonexclusive license to use the information for your personal and noncommercial
use. Otherwise, you may not copy, store in an electronic form, modify, print,
transmit, sell or transfer, create derivative works from, distribute, perform,
frame in another web page, display, or in any way exploit any of the content,
in whole or in part. Permission to reprint or electronically reproduce any materials
is expressly prohibited without prior written consent from Minalt Media, L.L.C..
You may hyperlink to the Website provided that the link is to the “home”
page of the Website.
The Website includes an interactive portion that allows users to submit information
and materials. Users shall not provide copyrighted or other proprietary information
without permission from the owner of such material or rights and shall be solely
responsible for any damages resulting from such disclosures. Users shall be
solely responsible for obtaining such permission and agree to indemnify Christmastreetown.com
and Minalt Media, L.L.C. for any claim that information or materials submitted
by you infringe any third-party intellectual property right. You grant Christmastreetown.com
a nonexclusive license to use, copy, edit, modify, transmit, distribute and
to create a derivative work of any information or material submitted by you
through the Website, including but not limited to distribution in Minalt Media’s
electronic and print newsletters.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide us along with the copyright agent the following
information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the dispute use
is not authorized by the copyright owner, its agent, or the law;
6. 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 owners behalf.
MinaltMedia’s Copyright Agent for Notice of claims of copyright infringement
can be reached at: 630-671-0700 by telephone; or by email: webmaster@christmastreetown.com
YOUR CONDUCT
We may adopt and revise policies from time to time governing
the conduct of our users, including, without limitation, when they exchange
messages or information, participate in chat sites or community forums, which
policies are incorporated by reference into this Agreement as noted above. We
have the right, but not the obligation, to review, modify, block or delete any
postings or messages we consider to be potentially defamatory, obscene, harassing,
abusive, threatening or otherwise intended to or having the effect of interfering
with or disrupting the exchange of information or operation of the Website.
You agree not to use the Website or information from other users to send unsolicited
commercial messages, or to initiate unsolicited commercial transactions, either
individually or in a mass mailing or message distribution. If you post information,
or other materials on the Website, you agree and represent and warrant that
you have all rights under applicable law, including without limitation, copyright,
trademark, trade secret, or other intellectual property laws, that permit you
to provide this information on the Website and that we and all users have the
right to download and use that information, software or other materials. You
warrant to Christmastreetown.com, and its Website that you will not use them
for any purpose that is unlawful or prohibited by this Agreement of use in any
manner.
USE OF MESSAGE BOARDS
The Website includes many community message boards. To access
the message boards, and certain areas of each community, you will be required
to create an account on our Website. You will need to select a user name and
password; the username that you select is the name that appears when you post
on the message board. It can be any name that you select, as long as someone
else has not selected that name before you. Your password, like your username,
is only for logging into the communities.
Considering the real-time nature of the message board(s), Christmastreetown.com
cannot review messages or confirm the validity of information posted. We do
not actively monitor the contents of posted messages, are not responsible for
any messages posted, do not vouch for or warrant the accuracy, completeness
or usefulness of any message, and are not responsible for the contents of any
message. The messages express the views of the author of the message, not necessarily
the views of the Administrators or any entity or individual associated with
Christmastreetown.com or Minalt Media, L.L.C. Any user who feels that a posted
message is objectionable is encouraged to contact the Administrators immediately
by email. The Website Administrators may in its discretion remove such material,
but neither the removal nor the failure to do so shall result in liability to
anyone. Because removal is a manual process, removal or editing particular messages
may not occur immediately.
You shall not upload, post or email any content or information that (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains
viruses or other contaminating or destructive features, (c) violates the rights
of others, such as content that infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity, (d) offends the
community standards of users of the Website (e) interferes with or disrupts
the Website, (f) harass another user or (g) otherwise violates any applicable
law. Our Terms of Use Guidelines that include the above rules are posted within
the Message Boards for members to view at any time. The Guidelines are found
by clicking on the News & Information category within any message board
community and are pinned as the first forum within this category. Although the
Administrators do not and cannot review the messages posted and are not responsible
for the content of any of these messages, they reserve the right to delete any
message for any reason whatsoever. You remain solely responsible for the content
of your messages, and you agree to indemnify and hold the Website harmless with
respect to any claim based upon transmission of your message(s). Christmastreetown.com
reserves the right to reveal your identity (or whatever information we know
about you) in the event of a formal subpoena arising from any message posted
by you. We reserve the right to use any messages or information posted by you
for any purpose, including but not limited to reproduction in its electronic
or printed publications and you grant Minalt Media, L.L.C., a nonexclusive license
to use, copy, edit, modify, transmit, distribute and to create a derivative
work of any such message or information in it’s electronic and printed
publications.
USE OF CLASSIFIED ADS
Christmastreetown.com includes a community Classified Ad section.
In order to post an ad in this section you will be required to select a user
name and password. In order to edit or delete your ad the user must be logged
in with the same account information as when the original ad was posted.
Considering the real-time nature and volume of traffic on this website, the
administration cannot review ads or confirm the validity of information posted.
The administration does not actively monitor the contents of ads posted, is
not responsible for any ads posted, does not vouch for or warrant the accuracy,
completeness or usefulness of any message or content of ad, and is not responsible
for the contents of any ad. Buyer Beware and due diligence is recommended before
purchases are made from any classified ad. Any user who feels that any posted
ad is objectionable is encouraged to contact the website’s administrator
immediately by email. We may in our discretion remove such material, but neither
the removal nor the failure to do so shall result in liability to anyone. Because
removal is a manual process, removal or editing particular ads may not occur
immediately.
You shall not upload, post or email any content or information that (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains
viruses or other contaminating or destructive features, (c) violates the rights
of others, such as content that infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity, (d) offends the
community standards of users of the Website (e) interferes with or disrupts
the Website, (f) harass another user or (g) otherwise violates any applicable
law. You remain solely responsible for the transactions of Classified Ads, and
you agree to indemnify and hold Minalt Media, L.L.C. harmless with respect to
any claim based upon transactions of goods sold through Christmastreetown.com
and its website. We reserve the right to reveal your identity (or whatever information
we know about you) in the event of a formal subpoena arising from any fraudulent
act committed by you with regard to a classified ad.
LIMITATION OF WARRANTY
INFORMATION SUPPLIED BY OUR WEBSITE IS PROVIDED "AS IS,
AS AVAILABLE" AND NEITHER CHRISTMASTREETOWN.COM, . NOR ANY OF THE PROFESSIONAL
PARTICIPANTS, INCLUDING WITHOUT LIMITATION OUR USERS AND SPONSORS, MAKE ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THE WEBSITE OR INFORMATION
FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR
USE, APPLICATION OR PURPOSE. YOU HEREBY ALSO AGREE THAT CHRISTMASTREETOWN.COM,
, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT
BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT
OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF
YOUR USE OF THIS WEBSITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION
WITH TOWNIECENTRAL.COM OR ITS SUBSIDIARIES. IN DOING SO, YOU AGREE THAT YOU
ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF CHRISTMASTREETOWN.COM
OR ITS SUBSIDIARIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES,
THESE PROVISIONS MAY NOT APPLY TO YOU.
CHRISTMASTREETOWN.COM, MINALT MEDIA, L.L.C. CANNOT AND DOES NOT MAKE ANY REPRESENTATION
OR WARRANTY CONCERNING ERRORS, OMISSIONS, DELAYS OR OTHER DEFECTS IN THE INFORMATION
SUPPLIED TO OTHERS, OR THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES
OR OTHER CODE THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS.
THE FOREGOING IS IN ADDITION TO ANY OTHER LIMITATIONS AND DISCLAIMERS SET FORTH
ELSEWHERE IN THIS AGREEMENT.
INDEMNIFICATION
IN ADDITION TO ANY OTHER INDEMNIFICATIONS BY YOU SET FORTH ELSEWHERE
IN THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CHRISTMASTREETOWN.COM,
ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY CLAIM, DEMAND, OR CAUSE OF ACTION, INCLUDING ANY (INCLUDING
ATTORNEYS FEES) ARISING OUT OF CLAIMS BASED ON ANY ASPECT OF YOUR USE OF THE
WEBSITE, INCLUDING WITHOUT LIMITATION, (I) CLAIMS BASED ON DEFAMATION OR OTHER
CONDUCT BY YOU IN USING THE WEBSITE, OR (II) YOUR VIOLATION OF ANY INTELLECTUAL
PROPERTY LAWS INCLUDING WITHOUT LIMITATION THOSE RELATING TO COPYRIGHT, TRADEMARKS
OR TRADE SECRETS.
MISCELLANEOUS
If any clause or provision set forth herein is determined to
be illegal, invalid or unenforceable under present or future law, then, in that
event, you understand and agree that the clause or provision so determined to
be illegal, invalid or unenforceable shall be severable without affecting the
enforceability of all remaining clauses or provisions. The application of these
provisions, disclosures, terms, conditions and disclaimers and all other matters
arising from your use of this Website or of any information you obtain from
our Website shall be governed by the laws of the United States of America and
the State of Wisconsin. Any claims, disputes or other controversies relating
to or arising from these provisions, disclosures and disclaimers or from your
use of this Website or any information you receive from Minalt Media, L.L.C.
shall be brought exclusively in the United States District Court, Wisconsin
District, and you hereby expressly consent to the exercise of jurisdiction over
you by such courts. To the fullest extent permitted by applicable law, each
party to this Agreement waives its right to a jury trial with respect to any
action brought under or in connection with this Agreement. Any notice to Christmastreetown.com,
or Minalt Media, L.L.C. shall be given in writing and sent by certified and
registered mail to Minalt Media, L.L.C, One Tiffany Point Suite 209 Bloomingdale,
Il. 60108 Attn: President, John Minalt.
This Agreement constitutes your entire agreement with our website(s) and supersedes
all prior or contemporaneous communications, proposals or agreements, whether
oral or written, between us. You agree that this agreement takes effect on your
first use of the Website(s), and that it applies to all
persons accessing the Website(s) from your computer. You agree and are obligated
to regularly review this Agreement for changes and agree to those changes by
continuing to use the Website. Christmastreetown.com has the right to amend
this Agreement at any time without notice to you by making changes to this Agreement
as posted. If any inconsistency exists between the terms of this Agreement and
any additional terms and conditions posted on the Website, such terms will be
interpreted as to eliminate any inconsistency, if possible, and otherwise, the
additional terms and conditions will control.
The headings used in these terms of use are for convenience only and such headings
are not to be used in determining the meaning or interpretation of these terms
of use.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising from or out of use of the Website must be filed within
one (1) year after such claim or cause of arose.
You acknowledge that the provisions, disclosures and disclaimers set forth in
this Agreement are fair and reasonable and your agreement to follow and be bound
by them is not the result of fraud, duress or undue influence exercised upon
you by any person or entity. A printed version of this agreement will be admissible
in any proceeding relating to this Agreement to the same extent as other business
documents and records generated and maintained in printed, hard copy form. Notwithstanding
any provisions of this Agreement, Christmastreetown.com has available all remedies
at law or equity to enforce this Agreement. There are no representations, promises,
warranties or undertakings by Christmastreetown.com contrary to those set forth
above.
I HAVE READ THE FORGOING AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
