Terms

Fredericksburg Today is a social networking service for the plant and garden growing community. Fredericksburg Today operates https://fredericksburg.today (the “Site”) and offers various products and services, including the online store and feedback forum, on or through the Site (collectively, the “Services”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES.

1. Acceptance of Terms

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT https://fredericksburg.today/terms AND AS INCORPORATING FREDERICKSBURG TODAY PRIVACY POLICY AVAILABLE AT https://fredericksburg.today/privacy-policy (“TERMS OF SERVICE”), ARE A LEGAL AGREEMENT BETWEEN FREDERICKSBURG TODAY (“Fredericksburg Today”) AND YOU (“You”).

YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY, BEFORE USING THE SITE AND/OR SERVICES CONTROLLED BY FREDERICKSBURG TODAY.  BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SITE AND/OR THE SERVICES.

You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified at any time.  All such modifications will be effective immediately upon posting.  If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Site and/or the Services, as described in Section 12 (Termination and Survivability) of these Terms of Service.  Your continued use of the Site and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.

2. Eligibility

YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SITE AND/OR THE SERVICES.  By using the Site and/or the Services, You represent and warrant that (a) You are 13 years of age or older; (b) all registration information You submit to Fredericksburg Today is truthful and accurate; (c) You will maintain the accuracy of such information; and (d) Your use of the Services or the Site does not violate any applicable law or regulation.

3. User Accounts

To use the Site and/or the Services, You may be required to create a user account (“Account”).  If You create an Account, You agree to provide Fredericksburg Today current, complete, true and accurate information, and to update this information should it change.  Fredericksburg Today may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.

Some Services may require payment of fees to Fredericksburg Today. If You purchase any goods or services that require payment of fees to Fredericksburg Today, You agree to provide Fredericksburg Today (or Fredericksburg Today’s payment agent) with current, complete, true and accurate billing information, such as Your credit card or other payment system number and expiration date.

If You create an Account, You may be asked to choose a password and a user name.  You agree, in the sole discretion of Fredericksburg Today, that Your user name will not: (i) substantially infringe the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark; (ii) be offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (iii) in any way infringe these Terms of Service; (iv) be otherwise inappropriate, regardless of Fredericksburg Today’s ability to disallow such user names; or (v) be a name that is associated with another person, including but not limited to a celebrity or other well-known person or a Fredericksburg Today representative.

You agree that You will not take any actions for the purpose of circumventing the foregoing restrictions. You understand and agree that Fredericksburg Today reserves the right to change, remove, alter or delete any user name at any time and for any reason in Fredericksburg Today’s sole discretion.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.  You agree to notify Fredericksburg Today immediately of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by Fredericksburg Today.  You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time.  You agree that Fredericksburg Today will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by Fredericksburg Today or another party due to someone else using Your Account or password.

Fredericksburg Today reserves the right to terminate or suspend Your ACCOUNT AND/OR access to the Site and/or the Services at any time, for any reason or no reason, with or without notice to you.  Fredericksburg Today also reserves the right to change or discontinue any service or feature provided by Fredericksburg Today, including, without limitation, the Site and the Services, at any time and without notice.  You agree that Fredericksburg Today shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change or discontinuance.

In the event that Your Account or a particular subscription is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account, Content or anything associated with it.

4. License and Access

Subject to your compliance with these Terms of Service and your payment of any applicable fees, Fredericksburg Today grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Services. This license does not include any resale of the Service or its contents, or any derivative use of any Service or its contents.  All rights not expressly granted to you in these Terms of Service are reserved and retained by Fredericksburg Today or its licensors, suppliers, publishers or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fredericksburg Today.

5. Ownership of Content

You acknowledge and agree that Fredericksburg Today owns all rights in and to the Service, including, but not limited to worldwide statutory and common law rights associated with (i) patents and patent applications; (ii) works of authorship, including copyrights, copyright applications, copyright registrations and “moral rights;” (iii) the protection of trade and industrial secrets and confidential information; (iv) trademarks; and (v) divisions, continuations, renewals, derivative works, and re-issuances of any of the foregoing, now existing or acquired in the future (“Fredericksburg Today Content”).

Feedback. If you provide Fredericksburg Today with any feedback or suggestions about the Service or any Fredericksburg Today products, Fredericksburg Today is free to use the feedback or suggestions however it chooses, without any obligation to account to you.

“User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any pictures and text. You hereby grant Fredericksburg Today a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, enter into computer memory, use, and practice such User Content as well as all modified and derivative works thereof. FOR AVOIDANCE OF DOUBT, YOU WILL ALWAYS RETAIN OWNERSHIP OF YOUR USER CONTET.

You agree that You may not upload or otherwise transmit on or through the Service content that is subject to any third-party rights unless any holder of such rights has given express authorization for distribution on the Site and/or the Services.

You agree that any content you submit does not create an obligation for Fredericksburg Today to provide you or any third party any payment or other remuneration. FREDERICKSBURG TODAY RESERVES THE RIGHT TO REMOVE ANY CONTENT POSTED ON THE SITES OR THROUGH THE SERVICES THAT IT DETERMINES IN ITS SOLE DISCRETION TO BE IN VIOLATION OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITES OR THROUGH THE SERVICES.

ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.

6. Limitations

Any use of the Services in violation of these terms of SERVICE will be regarded as an infringement of Fredericksburg Today’s copyright rights in and to the content.

You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Site or Services, or any information obtained from the Site or the Services, without the prior express written consent of Fredericksburg Today.

You may not, under any circumstances, exploit the Content or the Services for any purpose whatsoever.

You may not, under any circumstances, use the Content or the Services in any manner that is (i) unlawful; (ii) that could damage, disable, overburden, or impair any Fredericksburg Today server or the network(s) connected to any Fredericksburg Today server; (iii) that could interfere with any other party’s use and enjoyment of  the Services; (iv) that gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any Fredericksburg Today server, or to any of the Services, through hacking, password mining or any other means; (v) that collects or aggregates information regarding other users’ actions relating to the Services; or (vi) that reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Site.

7. Fredericksburg Today Copyright Policy

You will refrain from posting any information or items to the Site or through the Services which are copied, in whole or in part, from third party sources without authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web Site of the U.S. Copyright Office or U.S. Trademark Office.  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 materials hosted by Fredericksburg Today infringe your copyright, You (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

Please see the requirements and specific instructions for submitting a notice to Fredericksburg Today in Fredericksburg Today Copyright Policy https://fredericksburg.today/copyright. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send Fredericksburg Today a counter-notice.  Please refer to Fredericksburg Today’s Copyright Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.

Notices and counter-notices with respect to the Site, including the Services, should be sent to the Fredericksburg Today’s DMCA Agent for notice of claims of copyright infringement at: Tracy Blevins, 6904 Cloudy Way, Spotsylvania, VA 22551, Attn: DMCA Agent, by telephone: 540-850-9297, or by [email protected] (with the subject line “DMCA Communication”).

Fredericksburg Today’s DMCA Agent should be contacted only for the purposes set forth in this Section 7.  ALL OTHER INQUIRIES DIRECTED TO FREDERICKSBURG TODAY’S DMCA AGENT WILL NOT BE ANSWERED.

8. Rules Of Conduct

By way of examples and not as limitations, You agree that You may not access the Site and/or Services to:

(a)Publish, post, upload, transmit, distribute, disseminate or otherwise make available pictures and/or comments unrelated to plants, gardening, and similar activities.

(b)Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

(c)Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the rights of privacy and publicity.

(d)Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.

(e)Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material or information, including but not limited to images, photographs, sound files, text files, graphics files, and videos that infringe or misappropriate any copyright, trademark, patent, trade secret, or right of privacy or publicity, or other right of any party.

(f)Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Site and/or Services, other users’ access to the Site and/or Services and/or other users’ computers.

(g)Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.

(h)Restrict or inhibit any other user from using and enjoying the Services, including but not limited to by disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text).

(i)Violate any applicable laws or regulations, or promote or encourage any illegal activity.

(j)Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the Site, the Services, or the Content in any manner.

(k)Impersonate or create a false identity, including but not limited to identities falsely indicating that the user is a celebrity or a Fredericksburg Today representative.

(l)Collect in any manner information regarding users of the Site or Services, or other user or usage information or any portion thereof, or distribute such information to any third party.

(m)Attempt to obtain passwords, other Account information, or any other private information from any other user of the Site or the Services, including, without limitation, the collection personal information about others, including e-mail addresses.

(n)Make false reports to Fredericksburg Today administrators.

(o)Publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the Site and/or Services.

(p)Use the Services for fraudulent transactions.

(q)Use the Services to offer to transfer, buy, auction, rent, lease, loan or sell access to Your Account or to directly monetize your profile (e.g., you may not sell access to your Account or collect payment from endorsers).

(r)Frame or mirror any part of the Site and/or Services without Fredericksburg Today’s express prior written consent.

(s)Institute an attack upon any server used in connection with the Site or any portion thereof or otherwise attempt to disrupt such servers.

(t)Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Site or the Content.

(u)Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Site, Services and/or the Content. 

9. Resources

As part of our Service we offer users the ability to sell and buy products directly with one another.  Fredericksburg Today does not endorse any product offered for sale by any user or monitor such transactions.  Fredericksburg Today will not be a party in any transaction between you and another user.

If you are offering products for sale through your Account, you represent and warrant to Fredericksburg Today that you are in compliance with all regulations, laws, codes and permits related to plant material sales and movement. Further you agree to indemnify Fredericksburg Today against any third party claim that your sale of a product violates the law.

10. Charges and Billing

You agree to pay all fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable.  Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.  Fredericksburg Today may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.  You represent to Fredericksburg Today that You are an authorized user or an authorized user of the chosen method of payment used to pay all fees You incur plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.

11. Communications

By providing Your email address to Fredericksburg Today and subscribing to Fredericksburg Today communications, You understand You may receive periodic information regarding current and future services offered on the Site and/or the Services and/or related third party products.  You may unsubscribe at any time by terminating Your Account as described in Section 13 (Termination and Survivability).

12. Privacy/Security

You understand that any information provided by You or collected by Fredericksburg Today in connection with Your use of the Site and/or Services will be used in the manner described in these Terms of Service and in the terms and conditions of Fredericksburg Today’s https://fredericksburg.today/privacy-policy, such privacy policy being incorporated into and made a part of these Terms of Service by this reference.  If You do not agree to the terms of the Privacy Policy you may not use the Services.  Without limiting the terms of the Privacy Policy, You understand that Fredericksburg Today does not guarantee that Your use of the Site and/or the information provided by You will be private or secure, and Fredericksburg Today is not responsible or liable to You for any lack of privacy or security You may experience.  You are fully responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services.

13. Jurisdictional Issues and Export Control Laws

The Site and/or Services are controlled and operated by Fredericksburg Today from its offices within the United States.  Fredericksburg Today makes no representation that Content and other materials available through the Site and/or Services are appropriate or available for use in any other locations.  Those who choose to access the Site and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.

14. Termination and Survivability

These Terms of Service are effective until terminated.  Fredericksburg Today may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 3 (User Accounts).  You may terminate these Terms of Service and Your Account by sending an email stating Your intention to terminate these Terms of Service to Fredericksburg Today at: [email protected], Attn:  Privacy Department with the subject line “Account Termination”.  Such termination will not be effective until acknowledged by Fredericksburg Today but not more than twenty (20) business days after sending such termination email.

The provisions of Sections 4 (Ownership of Content), 6 (Limitations), 7 (Use of Copyrighted, Trademarked or Other Protected Material), 13 (Termination and Survivability), 15 (Disclaimer of Warranty; Limitation of Liability), 16 (Indemnity), 17 (Jurisdiction and Choice of Law), and 18 (Dispute Resolution and Arbitration) shall survive any termination of these Terms of Service.

15. Links to Third-Party Site

The Site may link to third party Site (“Linked Site”).  These Linked Site are not controlled by Fredericksburg Today.  Fredericksburg Today is not responsible for the information of the Linked Site, for the business practices or privacy policies of the Linked Site, or for the collection, use or disclosure of any information by the Linked Site.  Fredericksburg Today provides links to the Linked Site only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Fredericksburg Today of any Linked Site.

You acknowledge and agree that Fredericksburg Today does not endorse, and shall not be 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 such information, goods or services available on or through any Linked Site. You agree that Your use of the Linked Site, including without limitation Your use of any information, data, advertising, products, or other materials on or available through the Linked Site, is at Your own risk and is subject to the term and conditions or use applicable to the Linked Site.

Fredericksburg Today is not involved in any way in the actual transaction between the Linked Site and You. Fredericksburg Today acts solely as a passive conduit for the Linked Site’ sales, distribution and the communication of Your information with regards to transaction with Linked Site.

You assume any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with the Linked Site’ items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Your Account and password and other users acting under false identity.

You acknowledge that Fredericksburg Today is not a part to any possible future disputes between You and the Linked Site. Resolution of any dispute is the full and sole responsibility of the involved parties and Fredericksburg Today will not act as a mediator between them. You release Fredericksburg Today, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.

16. Disclaimer of Warranty; Limitation of Liability

“Fredericksburg Today Parties” means Fredericksburg Today and its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicenses, agents or subcontractors.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK.  THE SITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CONFIDANT SERVICES OR COMMUNICATION SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE FREDERICKSBURG TODAY PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE AND/OR SERVICES OR USE OF THE SITE AND/OR SERVICES.  YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FREDERICKSBURG TODAY IS TO STOP USING THE SITE AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT(S).  IN NO CASE SHALL THE LIABILITY OF THE FREDERICKSBURG TODAY PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO FREDERICKSBURG TODAY OR ITS DESIGNEES FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY.  IN NO CASE SHALL THE FREDERICKSBURG TODAY PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE, SERVICES, OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, SERVICES, OR THE CONTENT, OR INTERACTIONS WITH FREDERICKSBURG TODAY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF FREDERICKSBURG TODAY AND THE FREDERICKSBURG TODAY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  FREDERICKSBURG TODAY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND/OR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

17. Indemnity

You agree to defend, indemnify and hold harmless Fredericksburg Today and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of (a) Your use of, or activities in connection with the Site, including the Services; (b) any violation of these Terms of Service by You or through Your Account or using Your user name; or (c) any allegation that any information, messages, or materials that You make available or create through the Site and/or Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

18. Jurisdiction and Choice of Law

These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the Commonwealth of Virginia.  You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of Spotsylvania County, Virginia without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods.  Those who choose to access the Site and/or the Services from locations outside of Virginia do so on their own initiative contrary to the terms of these Terms of Service, and are responsible for compliance with local laws if and to the extent local laws are applicable.

19. Dispute Resolution and Arbitration

Any disputes between You and Fredericksburg Today relating to Your use of the Site and/or the Services that involve a claim of less than $10,000 shall be resolved exclusively through binding non-appearance-based arbitration.  A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA).  The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes.  In addition, You and Fredericksburg Today agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any disputes between You and Fredericksburg Today relating to Your use of the Site and/or Services that involve a claim of more than $10,000 shall be subject to the exclusive jurisdiction of the courts of Spotsylvania County, Virginia.

20. Assignment

Fredericksburg Today may assign these Terms of Service, in whole or in part, at any time.  You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without Fredericksburg Today’s express prior written consent.

21. Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

22. Headings

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

23. Notice

Notices to You may be made via posting to the Site, by email, or by regular mail, in Fredericksburg Today’s discretion. Fredericksburg Today may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on Fredericksburg Today’s Site. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

24. Severability

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

25. Complete Agreement

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and Fredericksburg Today with respect to its subject matter.  These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and Fredericksburg Today with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms of Service.

26. Questions

If you have any questions, comments or complaints regarding these Terms of Service or the Site or Services, feel free to contact us at: [email protected].

27. General Provisions

Fredericksburg Today’s performance of these Terms of Service are subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Fredericksburg Today’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Site and/or the Services or information provided to or gathered by Fredericksburg Today with respect to such use.

A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The parties agree that all correspondence relating to these Terms of Service and your use of the Services, shall be written in the English language.

Updated 2/18/2016

1/26/17: Edited links to reflect secure server change