The essence of government is power, and power, lodged as it is in human hands, will ever be liable to abuse. — James Madison

Heritage History Website and Subscription Terms of Use

 

Heritage History ('Heritage History') owns and operates the Heritage History Website ('Website') located at http://www.heritage-history.com/ Use of the Website is governed by these Website and Subscription Site Terms of Use ('Terms of Use'), which bind all persons using either the public or subscription-only portions of the Website. For purposes of these Terms of Use, any person accessing or using the Website is a 'User,' whether or not the User is a subscriber ('Subscriber'), creates a personal account, posts information on, or purchases content from Heritage History or the Website. Users agree to be bound by each and all of the following Terms of Use, provided that any Terms of Use which state expressly that they apply to Subscribers only will apply only to Users who are also Subscribers:

 

1.             Users. Any person accessing or using any portion of the Website is a 'User' for purposes of the Terms of Use. Users who also subscribe to subscription-only portions of the Website are 'Subscribers' as well as Users. All Subscribers are also Users, but Users are Subscribers only if they pay for and have active, continuing access to subscription-only portions of the Website.

 

2.             General Disclaimer. The Website may, but need not, contain information, images, facts, published works, articles, message boards, information, opinions, statements, recommendations, advertisements, promotions, offers to purchase goods and services, and other content, as well as links to external websites not owned or controlled by Heritage History (individually and collectively, 'Website Content'). Heritage History makes no warranties or representations as to the accuracy, safety, or value of Website Content or Heritage History publications, including without limitation links to third-party websites not owned by Heritage History, and assumes no liability or responsibility for errors or omissions in Website Content or the manner in which Users utilize Website Content. Heritage History accepts no responsibility for the actions of any User or third party or for Website Content created, provided, uploaded, linked or posted by any User or third party, including without limitation the content of message boards, and/or User comments, if any. Website Content does not necessarily reflect the views, opinions, or recommendations of Heritage History. Use of or reliance upon Website Content is undertaken at the User's sole risk.

 

3.             Acceptance of Terms of Use. Use of the Website indicates the User's complete acceptance of and agreement to be bound by these Terms of Use and all other Heritage History policies, practices and procedures. The Website is owned and operated by Heritage History and provided for use by Users pursuant to these Terms of Use and other policies, rules, procedures, and practices established, modified, and posted on the Website by Heritage History from time to time.

 

4.             User Responsibility. Users understand and agree that Heritage History does not control all Website Content and that each User is completely responsible for the User's use of the Website and Website Content. If and to the extent Users are permitted to produce and/or post 'User Material,' meaning information, text, messages, ideas, works of authorship, graphics and artistic works, photographic works, videos, concepts, designs, and other content created, provided, uploaded, linked or posted by a User, each User is individually responsible for that User's User Material. Heritage History may, but has no obligation, to permit User Material on the Website and disclaims all liability and responsibility for User Material and Website Content created, provided, uploaded, linked or posted by any User or third party, whether or not permitted or covered by these Terms of Use.

 

5.             Description of Service. The Website provides Users with access to various goods and services, and may provide Subscribers with access to additional goods and services not available to non-subscribing Users. Goods and services available to Users and/or Subscribers may (but need not) include the ability and/or opportunity: (a) to subscribe to paid-access services and Website Content available for Subscribers only, (b) to register for and maintain a personal account with the Website, (c) to comment on blogs, message boards, or other publicly modifiable portions of the Website, if such areas are available on or added to the Website at any time, (d) to interact with Heritage History, the Website, and/or other Users, Subscribers, and third parties, (e) to access Website Content, and/or (f) to purchase goods and services offered through or advertised on the Website, if any. Heritage History will post notices on the Website describing applicable fees, terms, conditions, and requirements of use and relevant subscription offers. Only Users who pay for a subscription, create a personal account with the Website, and click 'I AGREE TO THE TERMS OF USE' are permitted to become Subscribers and to access subscription-only portions of the Website and Website Content. Each User is responsible for obtaining, providing and maintaining the User's own access to the Internet, including without limitation payment of connection and service fees associated with Internet access and obtaining and maintaining all equipment (e.g., functional computer and modem or other Internet access) required to access and use the Website and the Internet. Heritage History accepts no responsibility or liability for the ability or inability of any User or Subscriber to access and/or use the Website. Heritage History accepts no responsibility for the actions of Users or third parties or for any Website Content provided, uploaded, linked or posted by Users or third parties.

 

6.             Personal Use Only. The Website and related services are made available to Users for personal, non-commercial use only. Users may create, upload, link, or post User Material in and on permitted portions of the Website only, and only to the limited extent permitted by Website and Heritage History, if at all. Users may not edit, alter, overwrite, block or delete Website Content. Users may not frame or otherwise alter the appearance or functionality of the Website. Users may not use the Website or any personal account, blog, comment, or User Material to sell or advertise a business, product, or service, including without limitation other Internet websites, without the advance written consent of Heritage History, which consent may be withheld, conditioned or delayed at Heritage History's sole discretion and on a case by case basis. Heritage History reserves the sole, discretionary right to determine what constitutes 'selling' and 'advertising' on the Website. Users may not take, appropriate, publish, reproduce, or use all or any part of the Website or Website Content, with the sole exception of User Material created by the relevant User, for any purpose without the advance written consent of Heritage History, which consent may be withheld, conditioned or denied at Heritage History's sole discretion.

 

7.             No Mirroring. 'Mirroring' the Website and/or using of the Website to 'mirror' another website or to point, direct, redirect, refer, or channel Users from the Website to another website is expressly forbidden by these Terms of Use and is grounds for immediate termination of any Subscriptions or personal accounts belonging to the violating User, in addition to any other remedies available to Heritage History at law or in equity. Users may not create or use personal accounts, Subscriptions, or Website Content for purposes of advertising, promoting, or directing Users to third party websites without Heritage History's advance written consent, which consent may be withheld, conditioned or denied at Heritage History's sole discretion. This paragraph is intended primarily to prevent Users from using the Website and/or creating Website Content for the primary purpose of promoting or directing traffic to the relevant User's businesses and independent websites, and will not prevent Users from responding to genuine requests for information and/or recommendations for suggested products and services, unless Heritage History determines that the relevant User's repeated recommendations of the same products and services constitute a breach of the letter and/or spirit of these Terms of Use. Such determinations may be made at Heritage History's sole discretion and are not subject to User dispute.

 

8.             Changes to Terms of Use. Heritage History may change these Terms of Use from time to time and will notify Users of significant changes to the Terms of Use by posting a notice on the Website. Users are responsible for reviewing the Terms of Use regularly and for complying with the Terms of Use at all times. Use of the Website indicates User's full and complete agreement to each and every one of the Terms of Use as if the User had signed a written document containing and consenting to the Terms of Use and any changes thereto.

 

9.             Modification of Service, Lost Information. Heritage History reserves the sole, discretionary right to change, suspend or terminate the Website, some or all Website Content, and all related offers and services at any time and from time to time with or without prior notice or cause. Heritage History has and will have no liability to any User, Subscriber, or third party for changes to, or suspension or termination of, the Website, Website Content, or related offers and services. Heritage History disclaims all responsibility and liability for deletion of or failure to store Website Content, User Material and any other information of any kind. Heritage History retains the sole, discretionary right to create, implement and enforce limitations and restrictions on Website Content, User and Subscriber access, and User Material at any time, with or without cause or prior notice.

 

10.          Right to Terminate Service. Heritage History reserves the right: (a) to suspend or terminate all or any part of any User or Subscriber's access and/or personal account at any time and with or without notice or cause, at Heritage History's sole discretion, (b) to suspend, delete, block, and/or eliminate some or all Website Content, including without limitation User Material or the ability of Users to create or post User Material, at any time and with or without notice or cause, at Heritage History's sole discretion. Suspension, termination, deletion, blocking and similar actions may be temporary or permanent at Heritage History's sole discretion. Users understand and agree that the suspension and termination rights referenced in these Terms of Use may be exercised at any time with or without prior notice, cause, and/or an opportunity to cure any breach or default, and may include, without limitation, suspension and/or termination of Subscriptions and Subscriber access and/or deactivation or deletion of User Material and Website Content. Heritage History has no responsibility to provide any User or Subscriber with copies of Website Content or User Material, including without limitation Website Content and/or User Material which is suspended, deleted, blocked, terminated or eliminated by Heritage History.

 

11.          Privacy Policy. These Terms of Use include and incorporate The Heritage History Privacy Policy ('Privacy Policy') which is incorporated herein by this reference as if fully set forth herein. The Privacy Policy can be found online on our Privacy Policy page.

 

12.          Passwords and Security. Subscribers and Users who register for personal accounts with the Website (which may or may not include access to subscription-based content) will receive a password and other account information, some of which may be selected or provided by the relevant User. Each User is responsible for all activities occurring under or arising out of Subscriptions and/or personal accounts registered to, for, or by the relevant User, with no exceptions. Each User will notify Heritage History immediately of any unauthorized use of the User's Subscription, personal account, or any other known breach of the Terms of Use. Each User is responsible for maintaining the confidentiality and security of passwords and account or Subscription information. Users may change the password assigned to the User's individual account pursuant to instructions posted on the Website. Users may terminate Subscriptions and/or personal accounts and set up new Subscriptions and/or personal accounts at will, subject to these Terms of Use and the availability of Subscription and account-based services, provided that a User may not close an existing personal account and/or open a new personal account: (a) for any reason or purpose which would violate or circumvent the Terms of Use or any posted policy, rule, procedure or practice of Heritage History, (b) to commit any illegal act or to misrepresent the identity of the User or any third party, or (c) to re-establish accounts or access to the Website or Subscription-based content by or on behalf of any individual whose use Subscription, account, privileges, and/or access have been suspended or terminated by Heritage History, regardless of the reason for such suspension or termination.

 

13.          Advertising and Promotions. Website Content may include and/or feature content, advertisements, and promotions created by or on behalf of Heritage History and/or third parties not owned or operated by Heritage History. Users understand that Website Content may, but need not, include certain advertisements and promotions selected by Heritage History. Users will not and may not block, interfere or attempt to block or interfere with any Website Content, including without limitation advertisements and promotional materials. Users agree that Users have no editorial control, and will receive no compensation or consideration of any kind, for, relating to, or arising out of Website Content, regardless of the nature of such content. Users may contact, communicate, contract with or participate in promotions offered by advertisers and other third party providers of Website Content at the User's sole risk and discretion. USERS HEREBY RELEASE HERITAGE HISTORY FROM ANY AND ALL LIABILITY AND CLAIMS RELATING TO OR ARISING OUT OF CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN USERS AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED BY HERITAGE HISTORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING FROM GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH SUCH ADVERTISERS OR OTHER THIRD PARTIES. Heritage History assumes no responsibility, obligation or liability for contacts, communications, contracts, promotions or relationships between Users and any advertiser or other third party, and specifically disclaims any and all liability and obligations relating thereto, to the maximum extent permitted by applicable law.

 

14.          Profanity Filter. Heritage History may, but need not, employ an automated 'profanity filter' or similar software to prevent the use of profane and obscene language on the Website. Users understand that use of the profanity filter may result in: (a) deletion or elimination of profane and obscene language, (b) failure to delete or eliminate profane or obscene language, and (c) unintentional or erroneous deletion or elimination of language which is neither profane or obscene. Users will hold Heritage History harmless from and against all responsibility, liability and claims resulting from or arising out of the proper or improper functioning of profanity filters and similar software and programs.

 

15.          User Conduct. Use of the Website by all Users and Subscribers is subject to these Terms of Use and all other posted Website policies, rules, procedures and practices, as well as applicable laws. Users have no right to produce, upload, or post User Material unless Heritage History decides, at its sole discretion, to grant some or all Users the ability to produce, upload, or post User Material, and then the privilege of posting User Material will be strictly limited to the terms and conditions imposed by Heritage History from time to time. Heritage History has no obligation to permit User Material on the Website. Users are responsible for User Material created, provided, uploaded, linked or posted by the relevant User and/or by any other person using a Subscription or personal account registered to or on behalf of the User. Use of the Website constitutes the User's agreement:

 

(a) to comply with these Terms of Use and all posted Website policies, rules, procedures, and practices;

 

(b) to comply with all applicable laws, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media;

 

(c) not to disrupt, interfere with, or access without permission ('hack') the Website or the Website's networks, servers, systems, hosts, or any computer hardware or software used to operate the Website or connected to the Website;

 

(d) not to use the Website or the names of Heritage History or the Website for or in connection with chain letters, junk mail or spamming, and not to contact any other User without that User's advance written consent;

 

(e) not to create, provide, upload, link, post or transmit any unlawful, harassing, defamatory, libelous, abusive, offensive, inappropriate, sexually explicit, threatening or harmful User Material or other information on, to, or through the Website, including without limitation offensive, profane, obscene, racist or sexually explicit content and/or language which substitutes asterisks or other alternative characters for part or all of a term which would otherwise violate the Terms of Use or applicable laws;

 

(f) not to create, provide, upload, link, post or transmit any User Material or information on, to, or through the Website which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or which violates applicable law;

 

(g) not to knowingly create, re-create, provide, upload, link, post, re-post or comment on deleted or banned Website Content, Website Content which violates these Terms of Use or applicable law, and/or letters, sanctions, or private communications from Heritage History, the Website, or their legal counsel; and

 

(h) not to intentionally interfere with operation of the Website or the use and enjoyment of the Website by other Users or third parties.

 

Heritage History reserves the right to delete any Website Content, including without limitation User Material, and/or to terminate the access, use privileges, Subscription, and account of any User whose conduct fails to conform to the Terms of Use, at Heritage History's sole discretion. Heritage History and reserves the sole, discretionary right to determine whether conduct conforms to or violates these Terms of Use, and to evaluate and deal with each occurrence on a case by case basis.

 

16.          User Representations and Warranties. Each User represents and warrants to Heritage History that:

 

(a) The User voluntarily agrees to these Terms of Use without reservation, accepts all risk of using the Website, and attests that no person or entity, including without limitation Heritage History, has made any promises, threats or representations of any kind in order to encourage, induce or force the User to agree to these Terms of Use, to create a User account or become a Subscriber, or to access or use the Website;

 

(b) The User is over the age of eighteen (18) and has the capacity and authority to agree to the Terms of Use, or, if under the age of eighteen (18), is using the Website with the consent and active supervision of the User's parent or guardian;

 

(c) Compliance with the Terms of Use will not, now or in the future, violate the terms of any other contract or agreement to which or by which the User is bound or legally obligated;

 

(d) The User will not deliberately create, publish, provide, post, display, upload or distribute User Material or other information to the Website which is illegal, dishonest, plagiarized, inaccurate, and/or not expressly permitted by Heritage History and the Website Terms of Use;

 

(e) User Material created, published, provided, posted, displayed, uploaded and distributed by the User, if any, does not and will not infringe, violate or conflict with applicable laws or with the intellectual property or other rights of any person or entity, including without limitation rights of patent, copyright, trademark, trade secret and rights to proprietary works;

 

(f) The User will not create, publish, provide, post, display, upload or distribute Website Content or other information which is tortious, abusive, defamatory, libelous, obscene, illegal, and/or an incitement to an illegal act, which illegally infringes upon the privacy or contract rights of any person or entity, or which violates the laws of any state or of the United States of America.

 

(g) The User will not engage in any conduct or create, publish, provide, post, display, upload or distribute User Material in, on, or through the Website in which the User: (1) impersonates any person or entity, including without limitation an employee or officer of Heritage History or an administrator of any website, (2) falsely states or misrepresents the User's identity or affiliation with any person or entity, or (3) contains or results in the generation or transmission of computer viruses or computer code, files, or programs designed to interrupt, destroy or negatively alter the nature, use or function of any computer hardware, software, server, system, network or telecommunications equipment.

 

(h) The User will properly cite and identify the sources of all User Material and information created, published, provided, posted, displayed, uploaded or distributed in, on, through the Website, will retain copies of all sources cited or referenced and will support or verify User's rights to use copyrighted or other protected material at the request of Heritage History or the Website.

 

(i)  The User has not and will not solicit, receive or accept payment, compensation or anything of value from any third party in exchange for inserting, using or recommending a name, product or other content in User Material or Website Content, except as disclosed and approved in advance by Heritage History.

 

17.          Acknowledgement of Potentially Offensive Content. Use of the Website and products and services available through the Website may expose the User to content and information which the User finds offensive or objectionable. Users agree to hold Heritage History harmless from and against any responsibility or liability for offensive or objectionable content and conduct, whether viewed by Users personally or by minor children or other third parties using Users' computers and Internet connections, whether or not such use was consented to in advance by the relevant User.

 

18.          Indemnity. Users agree to indemnify Heritage History from and against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorney fees, resulting from or arising out the User's use of the Website, Website Content, and materials obtained through the Website, and for breach of these Terms of Use by the relevant User or by any third party using a personal account, Subscription, or computer owned by or registered to the relevant User.

 

19.          Retention of Intellectual Property Rights. Heritage History reserves and retains all rights to Website Content created and/or owned by Heritage History to the maximum extent permitted by applicable law. Users may not claim ownership of Website Content belonging to Heritage History or to any third party, whether or not wrongfully used, appropriated or infringed by the relevant User(s).

 

20.          User Suggestions. Heritage History does not accept or consider unsolicited ideas, suggestions or proposals (individually and collectively 'Ideas') relating to the operations, organization, publications or other property of Heritage History and/or the Website. Users understand and agree that: (a) Ideas sent to Heritage History or posted on the Website are considered and will be deemed non-proprietary, non-confidential, and fully released for use by Heritage History free of charge and with no compensation or consideration due to the suggesting User, (b) Heritage History has no obligation or liability to Users or third parties relating to or arising out of the use, nonuse, disclosure, publication or receipt of Ideas, and (c) Heritage History may, but need not, use any and all Ideas for any purpose, including without limitation commercial and profitable uses, free of charge and without liability, restriction or compensation to submitting Users.

 

21.          Proprietary Content. Users understand and agree that Website Content not specifically created, uploaded or posted by the relevant User belongs to Heritage History or to other third parties and may be protected by copyright, trademark, or other applicable laws, and that Users are permitted to use and reproduce Website Content only pursuant to the provisions of the Terms of Use or as specifically authorized in writing by the owner of the relevant content. Heritage History will not act as an intermediary between Users and third parties for purposes of obtaining or facilitating permissions for use of third party Website Content, will not mediate or resolve disputes between Users and third party owners of Website Content, and specifically disclaims any and all responsibility or liability for wrongful use of Website Content by any User or third party.

 

22.          Grant of License. Users hereby grant Heritage History the permanent, non-exclusive right to publish and distribute User Material (if any) and Website Content created, provided, uploaded, linked and posted by the relevant User pursuant to these Terms of Use. This grant of rights includes the rights to: (a) publish, post, archive and distribute User Material on the Website and any affiliated or successor the Websites owned and operated by Heritage History, (b) electronically publish and distribute User Material on and through the Internet, the Website, affiliated websites, RSS feeds or similar services, and by e-mail, (c) share User Material and User information with vendors as reasonably necessary to fulfill User orders placed through the Website (if any), and (d) use reasonable portions of User Material in connection with advertising and promotional activities relating to the Website and Heritage History.

 

23.          Acceptance of Risk. User Material (if any) and other the Website Content downloaded, obtained or accessed from or through the use of the Website is downloaded, obtained and accessed at the sole discretion, risk and responsibility of the relevant User. Users accept sole responsibility and liability for damage to Users' computers, hardware, operating systems, software, networks, servers, and Internet service, including without limitation destruction, loss or corruption of data files, resulting from using, downloading, obtaining or accessing the Website and Website Content.

 

24.          DMCA Compliance. These Terms of Use include and incorporate The Heritage History DMCA Compliance Notice found at: ('DMCA Notice'), which is incorporated into these Terms of Use by this reference as if fully set forth herein. Heritage History supports the Digital Millenium Copyright Act ('DMCA') and the protection of intellectual property rights pursuant to the laws of the United States, individual states, and the Berne Convention for the Protection of Literary and Artistic Works ('Berne Convention').

 

25.          Right to Terminate User Accounts and Subscriptions. Users may terminate personal accounts and Subscriptions registered to, by, or on behalf of the relevant User at any time. If Users object to any of these Terms of Use or to any other Website policies, rules, procedures, and practices, as established, amended, or modified by Heritage History from time to time, the User's only remedy or recourse is to cancel all personal accounts and/or Subscriptions registered to, by or on behalf of the relevant User and to discontinue use of the Website immediately and permanently. Users' access to and privileges to use subscription-only portions of the Website terminate immediately upon cancellation or termination of the relevant Subscription. Users have no right, and Heritage History has no obligation, to refund any portion of Subscription fees following termination of a Subscriber's account, whether terminated by the User or by Heritage History, provided that Heritage History will not maliciously delete or terminate Subscriber accounts.

 

26.          Rights to Delete or Terminate Website and Website Content. Heritage History reserves the sole, discretionary right to terminate, delete, modify, and/or restrict access to Subscriptions, User Accounts and any and all Website Content, including without limitation User Material, from time to time and at any time, with or without cause or prior notice. User of the Website constitutes the User's agreement to this paragraph and all other Terms of Use without reservation. Users understand and agree that Heritage History's right to terminate, delete, modify, and restrict access to Subscriptions, User Accounts, and Website Content, and to terminate the Website and related services at any time, with or without cause or prior notice, is a vital, non-negotiable part of these Terms of Service.

 

27.          DISCLAIMER OF WARRANTIES. USE OF THE WEBSITE IS UNDERTAKEN AT EACH USER'S SOLE RISK AND RESPONSIBILITY. ACCESS TO THE WEBSITE, SUBSCRIPTIONS, AND PRODUCTS, AND SERVICES OFFERED THROUGH THE WEBSITE IS PROVIDED ON AN 'AS-IS', 'AS-AVAILABLE' BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HERITAGE HISTORY SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND MAKES NO WARRANTY OR REPRESENTATION THAT THE WEBSITE, SUBSCRIPTIONS, AND RELATED WEBSITES, PRODUCTS, AND SERVICES: (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USERS OR WILL BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USERS TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED, OR FUNCTION WITHOUT ERROR, MISTAKE, OR OMISSION. HERITAGE HISTORY MAKES NO WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR WEBSITE CONTENT OR FOR ANY MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR RESULTING FROM OR ARISING OUT OF THE WEBSITE CONTENT. THIS DISCLAIMER OF WARRANTIES MAY BE AMENDED OR MODIFIED ONLY BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF HERITAGE HISTORY WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION, OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM HERITAGE HISTORY OR WEBSITE PERSONNEL. EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.

 

28.          LIMITATION OF LIABILITY. HERITAGE HISTORY DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY, AND/OR CONTENT OF ANY AND ALL WEBSITE CONTENT. HERITAGE HISTORY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO USERS OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING, OR USING THE WEBSITE AND WEBSITE CONTENT. HERITAGE HISTORY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY, OR UNAVAILABILITY OF THE WEBSITE AND WEBSITE CONTENT. HERITAGE HISTORY IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE OR LACK OF USE OF THE WEBSITE OR WEBSITE CONTENT, (B) MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF THE WEBSITE OR WEBSITE CONTENT, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED ACCESS TO THE WEBSITE OR A PERSONAL ACCOUNT OR SUBSCRIPTION REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND WEBSITE CONTENT CREATED, PROVIDED , UPLOADED, DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES, AND/OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HERITAGE HISTORY OR THE ADMINSTRATORS OF THE WEBSITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.

 

29.          Additional Terms. These Terms of Use represent the only, final, complete and exclusive understanding between Users, Subscribers, and Heritage History, and supersede any prior or contemporaneous oral or written agreements between them. Users have no relationship, agreement or rights relating to Heritage History and/or the Website except as expressly stated in these Terms of Use. These Terms of Use do not create any business arrangement, joint venture, or other legal relationship between Heritage History and any User, Subscriber, or third party, except as expressly stated herein or as mandated by applicable law. These Terms of Use may be modified only by a written instrument approved in writing or executed by an authorized representative of Heritage History which specifically states that it modifies the Terms of Use. Users, Heritage History, and the Website understand and agree that the Terms of Use were written in and will be construed and enforced in accordance with the laws of the United States and that Users' acceptance of the Terms of Use is taking place, and will be deemed to have taken place, within the United States. Nothing contained in the Terms of Use will be interpreted to create, accomplish, or require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Terms of Use and applicable law, the law will prevail, the relevant provisions of the Terms of Use will be deleted or modified to the limited extent necessary to comply with the relevant law, and all other provisions of these Terms of Use will remain in full force and effect. Notices required by these Terms of Use must be made in writing. Heritage History may provide valid, effective notice to Users by posting or broadcasting notices on the Website or related websites owned and operated by Heritage History. Notices posted by Heritage History on the Website are deemed given to all Users when and as posted. Failure to enforce any provision of the Terms of Use does not and will not constitute a waiver of the right to enforce the same or any other provision against the same or any other User or third party in any subsequent situation. Any provisions of these Terms of Use which are reasonably required in order to interpret and/or to fully enforce the Terms of Use will survive termination of Users' personal accounts or Subscriptions and/or access to the Website.

 

30.          Acceptance. Use of the Website indicates the User's full and complete agreement to each and every one of these Terms of Use as if the User had signed a written document containing and consenting to the same.