Terms Of Use

 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

1. General
. This site is owned and operated by Time-Post.com, Inc. Time-Post.com, Inc. has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.

2. 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 all charges related thereto.

3. Restrictions on Use
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1. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Time-Post.com, Inc.'s express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in Time-Post.com, Inc.'s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
2. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download one copy of any copyrighted material for your personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Time-Post.com, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted Time-Post.com, Inc. the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant Time-Post.com, Inc. the right to edit, copy, display, publish and distribute any material made available on the site by you.
4. The foregoing provisions of Section 3 are for the benefit of Time-Post.com, Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty; Limitation of Liability
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1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Time-Post.com, Inc., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
2. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Time-Post.com, Inc. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
4. IN NO EVENT WILL Time-Post.com, Inc., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Time-Post.com, Inc.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
5. Monitoring
. Time-Post.com, Inc. shall have the right, but not the obligation, to monitor the content of the site [including chat rooms and forums], to determine compliance with these conditions of use and any operating rules established by Time-Post.com, Inc. and to satisfy any law, regulation or authorized government request. Time-Post.com, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Time-Post.com, Inc. shall have the right to remove any material that Time-Post.com, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. Indemnification
. You agree to defend, indemnify and hold harmless Time-Post.com, Inc. and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.

7. Trademarks
. Time-Post.com, Inc. and its logos are trademarks of Time-Post.com, Inc. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.

8. Third Party Content
. Time-Post.com, Inc. is a distributor (and not a publisher) of content supplied by third parties and users of the site. Accordingly, Time-Post.com, Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Time-Post.com, Inc.. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Time-Post.com, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Time-Post.com, Inc. employee spokespersons while acting in their official capacities.

9. Viruses
. Time-Post.com, Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

10. Export Control
. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Time-Post.com, Inc. does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

11. Business Associates
. The business associates of Time-Post.com, Inc. identified on this Site are independent contractors of Time-Post.com, Inc.. The business associates are not joint venturers or partners of Time-Post.com, Inc.. No employee or representative of the business associates is under the control of Time-Post.com, Inc.

12. Changed Terms
. Time-Post.com, Inc. has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

13. Miscellaneous
. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Colorado, acknowledge that venue is proper in any state or Federal court in the State of Colorado, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Colorado, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. 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. The section headings used herein are for convenience only and shall not be given any legal import.

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Privacy Statement

Overview
Time-Post.com, Inc. collects personally identifiable information (name, e-mail address, etc.) and/or demographic data (zip code, gender, interests, etc.) that you submit when you: 1) register for our services, 2) complete a survey, 3) register for a promotion, contest, or sweepstakes, 4) make a purchase from our online store, or 5) send us an email. We and/or our 3rd party partners may use this information to process and maintain your account, compile demographic statistics about our users, and display to you information and advertisements that match your interests and profile.

Credit card information will be provided to third parties only to provide products and services that you order. We may use the contact information you provide to contact you about your account and/or to send you necessary information directly related to the product(s) or service(s) for which you have registered. With your permission, we may use your contact information to inform you of new features and special offers from Time-Post.com, Inc. We will not provide your contact information to unaffiliated third parties without your express permission. As part of your account, you have the option to inform us that you do not wish to receive information about other special offers and promotions.

Cookies
Time-Post.com, Inc. uses cookies (small text files transferred from our Web site to your hard drive) to recognize repeat users and facilitate your access to and use of our site. Cookies do not damage files or allow anyone to access your personally identifiable information - they simply allow us to tailor information and advertisements to make your visits more enjoyable and meaningful (and enable us to provide you with personalized reservation information).

Security and Links
The security of the information you provide to Time-Post.com, Inc. is important to us. We use encryption software and other security measures to protect the loss, misuse, and alteration of sensitive information under our control. However, the Time-Post.com, Inc's site includes links to other sites, and when you choose to visit those sites, we are not responsible for their privacy policies or how they treat user information. In addition, we may permit third parties to offer registration-based services through our site. We are not responsible for the actions and policies of these third parties, and you should review the privacy policies of these parties when supplying personally identifiable information to them.

Additional Information
Time-Post.com, Inc. reserves the right to alter our Privacy Policy as business needs require. Any changes will be posted to our web site in a timely manner. This statement and the policies outlined here are not intended to and do not give you any contractual or other legal rights.

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