1. Acceptance of Terms of Service
The Chronogram Media websites are provided free of charge to you (unless otherwise indicated), by Chronogram Media and its subsidiaries and affiliates that utilize these Terms of Service. The "Chronogram Media. websites" are defined as all English language United States based websites, web pages and channels owned controlled and/or operated by Chronogram Media where these Terms of Service are posted, including but not limited to all content, tools, surveys, digital products, events, courses and/or products appearing throughout Chronogram.com and HVHealthyLiving.com. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product, digital product, event or course govern your use of the Chronogram Media websites and all services, products, digital products, events, and courses provided in connection with the Chronogram Media websites, including but not limited to any course, service, product, digital product, or events provided to you by Chronogram Media. Chronogram Media shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for any services provided by or visit any websites belonging to Chronogram Media. The Terms of Service for your continued use of the Chronogram Media websites will be available throughout the Chronogram Media websites. Please check these areas before using the Chronogram Media websites to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with the Chronogram Media's services immediately by (i) notifying Chronogram Media of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of the Chronogram Media websites. Your continued use of the Chronogram Media websites will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Chronogram Media Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
From time to time Chronogram Media may supplement these Terms of Service with additional terms pertaining to specific content, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Chronogram Media websites to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
When you register for certain Chronogram Media website services, you will be required to provide Chronogram Media with your e-mail address.
Chronogram Media reserves the right to (i) terminate your membership and access to any specific content , services, digital products, products courses or events, and (ii) remove your personal Chronogram Media website, if Chronogram Media learns that you have provided Chronogram Media with false or misleading registration information.
Chronogram Media reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the Chronogram Media Network and/or any other service, specific content, digital products, products, courses or events, provided to you by Chronogram Media, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Chronogram Media may modify these Terms of Service from time to time in its sole discretion. Each time you log on to the Chronogram Media websites, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at Chronogram Media's discretion) to provide you notice of such changes to any e-mail address you have provided to Chronogram Media.
5.Modifications of the Chronogram Media Network
Chronogram Media may modify or discontinue the Chronogram Media Network, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Third Party Services
You may purchase services or merchandise through links to third party websites not affiliated with Chronogram Media. All matters concerning the merchandise and services you desire from any third party website, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the third party. Chronogram Media makes no warranties or representations whatsoever with regard to any goods or services provided by third party websites. You will not consider Chronogram Media nor will Chronogram Media be construed as a party to such transactions, whether or not Chronogram Media may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
7. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on the Chronogram Media websites may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Publisher, Chronogram Media, 314 Wall Street, Kingston, New York 12401, send a detailed e-mail message to [email protected] or call (845) 334-8600.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE Chronogram Media WEBSITES, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE Chronogram Media WEBSITES, IS AT YOUR SOLE RISK. THE Chronogram Media WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Chronogram Media EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Chronogram Media MAKES NO WARRANTY THAT THE Chronogram Media WEBSITES WILL MEET YOUR REQUIREMENTS, OR THAT THE Chronogram Media WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Chronogram Media MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Chronogram Media WEBSITES. Chronogram Media WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE Chronogram Media WEBSITES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Chronogram Media WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT Chronogram Media DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE Chronogram Media WEBSITES. Chronogram Media IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
Chronogram Media SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE Chronogram Media WEBSITES, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE Chronogram Media NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Chronogram Media OR THROUGH THE Chronogram Media WEBSITES, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Chronogram Media MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE Chronogram Media WEBSITES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE Chronogram Media WEBSITES.
Chronogram Media IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE Chronogram Media WEBSITES. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH Chronogram Media MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST Chronogram Media WITH RESPECT TO SUCH SITES.
BY PERMITTING ADVERTISING, Chronogram Media MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. Chronogram Media SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING AN ADVERTISEMENT ON THE Chronogram Media NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY Chronogram Media AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO AN ADVERTISEMENT ON THE Chronogram Media WEBSITES, YOU WAIVE ANY CLAIMS AGAINST Chronogram Media FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
9. Limitation of Liability
Chronogram Media SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE Chronogram Media WEBSITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE Chronogram Media WEBSITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF Chronogram Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of Chronogram Media, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Chronogram Media websites, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
11. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the Chronogram Media Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Ulster County, New York.
12. Remedies for Breach of these Terms by You
In the event that Chronogram Media determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Chronogram Media websites, Chronogram Media reserves the right to (i) warn you via email (to any email address you have provided to Chronogram Media) that you have violated these Terms of Service; (ii) discontinue your registration(s) with the Chronogram Media websites and/or any other Chronogram Media products; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Chronogram Media websites; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Chronogram Media deems to be appropriate.
If your registration(s) with or ability to access the Chronogram Media websites, any other Chronogram Media service, product, content, course, event, tool or digital product provided to you by Chronogram Media is discontinued by Chronogram Media due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the Chronogram Media websites, then you agree that you shall not attempt to re-register with or access the Chronogram Media websites, any other Chronogram Media digital product, course content or service provided by Chronogram Media, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Chronogram Media reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Chronogram Media may assign its rights and obligations under these Terms of Service and upon such assignment Chronogram Media may be relieved of any further obligation hereunder.
You represent to Chronogram Media that you have the authority to register with or visit the Chronogram Media websites according to these Terms of Service. Chronogram Media does not encourage, solicit, or permit visitors who are known to be under the age of 13 to visit the Chronogram Media websites.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on the Chronogram Media websites by Chronogram Media) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Chronogram Media, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Chronogram Media reserves the right to terminate free access to the Chronogram Media websites including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Chronogram Media reserves the right (at Chronogram Media's discretion) to provide you with notice of such change by prominently posting a notice on the Chronogram Media websites and/or sending written notice to you at any e-mail address you have provided to Chronogram Media Once free access is terminated, Chronogram Media may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Chronogram Media websites and/or any for-pay content, services, digital products, products, events, tools or products.