Terms of Use for CKTHOMASTON.COM Web Site and Associated Services

Please read these Terms of Use, (collectively the “Terms” or “Agreement”), before using the Services offered by CKTHOMASTON.COM, (the “Site”). This Agreement sets forth the legally binding terms and conditions for your use of the Service, and any other features, Content, or applications offered in connection with the Service.

By accessing the site, you, (the “User”), signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered member of CKTHOMASTON.COM. Your use of the Site constitutes your acceptance of the Terms of Use. It is your obligation to ensure that you have read, understand and agree to the most recent Terms available on the Website.

CKTHOMASTON.COM is owned and operated by Addiscent, (the “Company”). Addiscent establishes the Terms of Use of CKTHOMASTON.COM web site. Addiscent reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or Content) at any time. We may also impose limits on certain features and Services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use or Privacy Policy constitutes acceptance of those changes. If you do not agree to abide by these or any future Terms of Use, then do not continue to use or access the Service or the Site.

For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, blogs or forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Addiscent or its partners on or through the Service.

Use of Software and Service

Addiscent grants you the privilege to access and use the Service via the web Site with the particular user roles available to you according to your subscription type. This privilege is non-exclusive, non-transferable, and limited by and subject to this Agreement.

Restriction on Use By Minors Under The Age of Thirteen

Minors under the age of thirteen must have parental or a legal guardian’s supervision while using CKTHOMASTON.COM web site. If parents or guardians feel any content is unsuitable for their children, their sole recourse is to discontinue use of the web site.

Eligibility

Membership in the Service is void where prohibited by law. The Site is intended solely for users who are in good standing with the Administrators, (“admins” or “webmasters”), of the Site. This Site is not available to users who have been suspended or removed from the Service for any reason, or no reason at all.

Registration Data

In consideration of your use of the Service and the Site, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to CKTHOMASTON.COM, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your CKTHOMASTON.COM account.

As a condition to using certain aspects of the Service, you will be required to register and select a User Name (collectively “User Name”, “Name”, “User ID”, “ID”, “User Profile”, “Member Name”), a password, and one CKTHOMASTON.COM Profile Name. You shall not (i) select or use as a User Name, password, or CKTHOMASTON.COM Profile Name, the name or password of another person with the intent to impersonate that person; (ii) use as a User Name, password, or CKTHOMASTON.COM Profile Name, the name or password subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User Name, password, or CKTHOMASTON.COM Profile Name, the name or password that is otherwise offensive, vulgar or obscene.

CKTHOMASTON.COM reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your CKTHOMASTON.COM password. You shall never use another user’s account without such other user’s express permission. You will immediately notify CKTHOMASTON.COM in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Subscription

Addiscent reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site, in connection with such features. Addiscent reserves the right to change its pricing and to institute new charges at any time. Use of the Service by you following such changes constitutes your acceptance of any new charges.

By subscribing to CKTHOMASTON.COM, you are automatically enrolled in CKTHOMASTON.COM’s communication outreach services. These services include email communications, newsletter distribution and other services CKTHOMASTON.COM employs to disseminate information to members. You may unsubscribe at any time by clicking on the ‘unsubscribe’ link available in all distributed communication.

Termination

Addiscent may terminate your membership, delete your profile and any Content or information that you have posted on the Site or through any platform application and/or prohibit you from using or accessing the Service or the Site or any platform application (or any portion, aspect or feature of the Service or the Site or any platform application) which may result in the forfeiture and destruction of all information associated with your membership, for any reason, or no reason, at any time in its sole discretion, with or without notice, effective immediately.

You can close your member account at any time. If a membership fee has been paid, no refund of any part of this paid membership is made if the member chooses to cancel a subscription during any time period of the term for which it was originally subscribed.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Addiscent shall not be liable for any decisions made or action taken by you or others based upon information or materials obtained through use of the CKTHOMASTON.COM Site or Service.

Alerts or “Notifications”

You understand and agree that any Notifications provided to you through the Service may be delayed or prevented by a variety of factors. Addiscent does its best to provide Notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of any Notifications. You also agree that Addiscent shall not be liable for any delays in delivery or failure to deliver any Notifications; for any errors in the Content of any Notifications; or for any actions taken or not taken by you or any third party in reliance on Notifications.

Disclaimer of Warranties and Liability

Addiscent makes no representations concerning any Content contained in, provided by, or accessed through the Site, and Addiscent shall not be responsible or liable for the reliability, timeliness, quality, suitability, availability, accuracy, completeness, copyright compliance, legality or decency of any Content or material contained in or accessed through the Site. You should independently verify all Content and other information that you access through the Service.

By using the Service, you agree that Addiscent shall not be responsible for the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.

Any material or information accessed, downloaded, or otherwise obtained through the use the Service is provided “as is” and ‘as available” without any express or implied warranty of any kind, including warranties of prompt or proper delivery, retention of any user information or communications provided to or display by Service, merchantability, accuracy, fitness for a particular purpose, or non-infringement. In no event shall Addiscent be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site, any Content, or data generated by this Site, or any linked Site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if Addiscent is expressly advised of the possibility of such damages.

In no event does Addiscent warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability, existence, or fitness for any particular use any information or any products or Services featured on this Site.

Addiscent makes no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, nor that the results which may be obtained from use of the Services will be accurate or reliable. Addiscent also does not warrant that the quality of any products, Services, information, or other material generated by the Service, or purchased or obtained by you through the Service will meet your expectations, and any errors in the software or Service may not be corrected.

Downloading data or software from the Service is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from accessing or downloading of any material.

No advice or information, whether oral or written, obtained by your from us or through or from the Service shall create any warranty not expressly stated in these Terms of Use.

Copyright and Content Ownership; Limited License

All user content posted on the Service must comply with U.S. copyright law.

Addiscent claims no intellectual property rights over the material (“User Content”) that you provide to the Service. Your profile and content uploaded remain yours.

However, by setting your pages to be shared publicly and/or inviting others to view your account, you agree to allow others to view your User Content.

CKTHOMASTON.COM does not pre-screen User Content but has the right, (but not the obligation), at its sole discretion to refuse or remove any User Content that is available via the Service.

All non-User Content on the Site and available through the Service, including designs, text, graphics, pictures, video, data, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Addiscent, its users, or its licensors, with all rights reserved. Non-User Content may not be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written consent from the operators of CKTHOMASTON.COM.

You agree that the Service contains Content specifically provided by Addiscent or its partners and that such Content is protected by copyrights, trademarks, Service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, reverse engineer, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. Copying or storing of any Content is expressly prohibited without prior written permission from Addiscent, or from the copyright holder identified in such Content’s copyright notice.

The Site provides a blog and communication forums that are available to the public. By posting on the Site’s blog and forums you agree to be solely responsible for the Content of all information you contribute, link to, or otherwise upload to the Site, and you release Addiscent from any liability related to your use of the Site.

Addiscent reserves the right to remove any Content from the Site at any time, for any reason, or for no reason at all.

Trademarks

CKTHOMASTON.COM’s trademarks and trade dress may not be used in connection with any product or Service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Addiscent.

User Conduct

You understand and agree not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.

By way of example, and not as a limitation, you shall not, (and shall not permit any third party to), either (a) take any action or (b) post any Content on or through the Service, that:

  • Are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use CKTHOMASTON.COM for any illegal purpose, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present, including any employee or representative of Addiscent.
  • Upload, post, email, transmit or otherwise make available any Content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email, transmit or otherwise make available any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using the Service to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using the Service to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; c) Sending messages to distribution lists, newsgroup aliases, or group aliases not available on CKTHOMASTON.COM, and d) unauthorized commercial activities and/or sales without Addiscent’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through CKTHOMASTON.COM.
  • Post Content in fields that aren’t intended for that Content. Example: Putting an address in a name or title field.
  • Interfere with or disrupt the servers or networks connected to CKTHOMASTON.COM, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  • Infringe any intellectual property or other proprietary right of any other person or entity.
  • Post any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane.
  • Install or cause to be activated any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of CKTHOMASTON.COM or any third party.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Addiscent in its sole discretion) an unreasonable or disproportionately large load on Addiscent’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Addiscent may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder, or (iv) use or access the Service in order to build a competitive product or Service.

You shall abide by all applicable local, state, national and international laws and regulations when using the Service.

Third Party Sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Addiscent’s control, and you acknowledge that Addiscent shall not be responsible or liable for the Content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by CKTHOMASTON.COM or any association with its operators.

You further acknowledge and agree that Addiscent 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 the use of or reliance on any such Content, goods, or Services available on or through any such website or resource.

Addiscent makes no representations, warranties or endorsements with respect to any non-CKTHOMASTON.COM web Site which may be accessed from this Site.

When you access a non-CKTHOMASTON.COM web Site, please understand that CKTHOMASTON.COM has no control over the Content or information at that Site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

Linking Policy

You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray CKTHOMASTON.COM and/or its affiliates or any of their respective products and Services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web Site or products by Addiscent.

This limited linking right may be revoked at any time.

You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any CKTHOMASTON.COM Marks or Addiscent Marks; (ii) the Content of the Site; (iii) user data or access to any user information; nor (iv) any other intellectual property or proprietary rights of Addiscent.

Indemnification

You shall defend, indemnify, and hold harmless Addiscent, its affiliates, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content, or otherwise from any Content that you post to the Sites, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.

Addiscent reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Addiscent in asserting any available defenses.

Limitation of Liability

In no event shall Addiscent, nor its Directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (including, without limitation, any content) (I) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages or any kind whatsoever (however arising), (II) for any bugs, viruses, or the like (regardless of the source), (III) for your reliance on the service or (IV) for any direct damages in excess of (in the aggregate) Ten U.S. Dollars ($10.00).

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Oregon, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Addiscent or any of our affiliates.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Oregon, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Oregon.

Arbitration

You and Addiscent agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service (including your visit to or use of the site and/or the service (including your visit to or use of the site and/or the service) shall be final and binding arbitration, except that : (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be south; and (b) no disputes or claims relating to any transactions you enter into with a third party through Addiscent may be arbitrated.

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

You and Addiscent agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Polk Count, Oregon, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.

The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of Oregon.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability

These Terms of Use are the entire agreement between you and Addiscent with respect to the Service and use of the Sites, and supersede all prior communications (whether oral, written or electronic) between you and Addiscent with respect to the Sites.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Addiscent’s prior written consent.

Addiscent may assign, transfer or delegate any of its rights and obligations hereunder without consent.

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.