TTTom Talks.com (heretofore referred to as TTTom Talks.com) appreciates your visiting our Web Sites. We respect your privacy and believe our web sites offer you, your friends and family an opportunity to learn more about us. We have established the following terms and conditions to help make your visit a pleasant one.
Terms and Conditions of Use
TTTom Talks.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.
Changes to Terms and Conditions
TTTom Talks.com reserves the right, at its sole discretion, to change, modify, and/or remove any portion of these terms and conditions of use, in whole or in part, at any time. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Ownership; Restrictions
TTTom Talks.com owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation to text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content").
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way, exploit the Site or any portion thereof for any public or commercial use without the express written permission ofTTTom Talks.com. You may download one copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including, without limitation to, trademarks and service marks of TTTom Talks.com and its affiliates. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copy, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
Acceptable Use Policy
As a condition of your use of this Site, you warrant TTTom Talks.com that you:
Indemnification
You shall indemnify, defend and hold harmless TTTom Talks.com (U.S.), Inc., its parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. TTTom Talks.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of TTTom Talks.com.
Links to Other Web sites
The Site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, does not constitute an endorsement by TTTom Talks.com or any of its parent companies, subsidiaries and affiliates of any third party resources or their contents. Links do not imply that TTTom Talks.com or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of TTTom Talks.com or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster. TTTom Talks.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. TTTom Talks.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Disclaimer of Warranties and Damages; Limitation of Liability
The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither TTTom Talks.com nor its content providers warrant that the functions, features or content contained in the site will be uninterrupted or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the site, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. TTTom Talks.com and its parent companies, subsidiaries and affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to TTTom Talks.com' negligence. If you are dissatisfied with the site or any materials on the site, your sole remedy is to discontinue using the site.
Under no circumstances shall TTTom Talks.com, its parent companies, subsidiaries, affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorized representative thereof have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of TTTom Talks.com, its parent companies, subsidiaries and affiliates to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions of use or your use of the site exceed, in the aggregate, $100.
Non-United States Residents
TTTom Talks.com makes no representation that materials in the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Maine, without regard to conflict of law provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Augusta in the State of Maine and you hereby irrevocably consent to the jurisdiction of such courts. If, for any reason, a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and TTTom Talks.com with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or TTTom Talks.com 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. "TTTom Talks.com" as used herein shall mean TTTom Talks.com (U.S.), Inc.