Flora m. TennanT

TERMS AND CONDITIONS OF USE

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This page describes the terms and conditions (the “Terms of Use”) that govern your use of the floratennant.com website (the “Website”). 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE, AS THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS.

 

Any questions or concerns regarding these Terms of Use, or the Website, may be directed to: floratennant@aol.com.

 

GENERAL RULES AND DEFINITIONS.

 

1. By choosing to access this Website, you agree to abide by these Terms of Use. 
2. ​Flora M. Tennant (“Owner”), as well as any individual or group of individuals authorized by her or on her behalf (collectively, the “Authorized Parties”) may change, add or remove portions of these Terms of Use at any time.  Such changes shall become effective immediately upon posting.  Those accessing the Website (“Users”) may refer to the date listed after “Last Updated On” above to determine whether any such changes have been made.  It is the Users responsibility to review these Terms of Use prior to each use of the Website.
3. ​IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE WEBSITE.  YOUR CONTINUED USE OF THE WEBSITE NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF USE, WILL INDICATE ACCPETANCE BY YOU OF SUCH TERMS OF USE, CHANGES, OR MODIFICATIONS.
4. ​The Authorized Parties may change, suspend or discontinue the Website, including the availability of any Content (defined below) displayed thereon, at any time.  The Authorized Parties may also impose limits on certain features and/or services of the Website without notice or liability. 

 

2. CONTENT.

 

1. ​​​Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Website (and all past, present and future versions of the Website), including without limitation: graphics; layout; text; photographs; images; illustrations; audio; videos; designs; artwork; illustrations; information; data; metadata; compilations; logos; domain names; trademarks and service marks; copyrightable materials (including source and object code); the “look and feel” of the Website, the compilation, assembly and arrangement of the Website, and all other materials related to the Website (collectively, the “Content”) are owned, controlled or licensed by Owner and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties.  Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Owner, no rights with respect to the Content (either by implication, estoppel or otherwise) are granted to you.  All such rights to the Content that are not otherwise granted, are hereby reserved for owner.  Nothing contained in these Terms of Use will affect, impair, or limit in any way Owner’s rights to exploit fully any or all of the Content. 
2. ​​​​You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Content, or take any action whatsoever in derogation of Owner’s rights thereto.  You acknowledge and agree that you will not acquire or claim any rights in the Content, or aid and abet anyone else in doing so.
3. ​​​​The Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of Owner, unless and except as is expressly provided in these Terms of Use.  Any other use of the Content without the prior written authorization of Owner is strictly prohibited.
4. ​​​​To request written authorization of Owner for reproduction of the Content, please contact floratennant@aol.com.

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2. YOUR LICENSE TO ACCESS CONTENT AVAILABLE ON THE WEBSITE.

 

1. ​​​You may visit the Website without further permission from Owner and Owner grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to use, download, view and play the Content.  This license is subject to your full compliance with these Terms of Use.  When you download or otherwise consume the Content, you agree to and you must: (i) keep intact all copyright and other proprietary notices; (ii) make no modifications to the Content; and (iii) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Website or reverse engineer, modify or attempt to discover any code associated with the Website.  You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage or as expressly authorized by Owner).
2. ​​​​Except as expressly set forth elsewhere in these Terms of Use, nothing in these Terms of Use will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Content or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Content.  You agree that you will not charge any person or entity to view, listen, play or otherwise access any Content, or disseminate any Content in any manner to the public (for free or for a fee).

 

3. PROHIBITED USE OF THE SERVICES.

 

1. ​​​You may not access or use, or attempt to access or use, the Website to take any action that could harm Owner or any third party.  You may not use the Website in violation of applicable laws or in violation of Owner’s intellectual property rights or other proprietary or legal rights.  You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any Content available thereon, or make any unauthorized use thereof.  Without Owner’s prior written consent, you shall not:
2. ​​​​​access any part of the Website, Content, data or information you do not have permission or authorization to access;
3. ​​​​​use robots, spiders, scripts, services, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Website, or otherwise access or collect the Content, data or information from the Website using automated means;
4. ​​​​​use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Website in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Website;
5. ​​​​​cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
6. ​​​​​take action that imposes an unreasonable or disproportionately large load on the Website’s network or infrastructure; and
7. ​​​​​do anything that could disable, damage or change the functioning or appearance of the Website or Content.
8. ​​​​Engaging in a prohibited use of the Website or Content may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.

 

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4. YOUR WARRANTIES.

 

1. ​​​You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and to comply with these Terms of Use or, if you are a minor, your parent or legal guardian has approved your access to this Website and has read and agreed to these Terms of Use on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use.
2. ​​​​You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website.  You also agree to comply with all rules, laws and regulations that are applicable to your use of the Website.

 

 

5. DISCLAIMER OF WARRANTIES.

 

1. ​​​THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  OWNER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE WEBSITE; (II) THE CONTENT AVAILABLE THROUGH THE WEBSITE; AND/OR (III) SECURITY ASSOCIATED WITH THE WEBSITE.  IN ADDITION, OWNER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
2. ​​​​OWNER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE.  YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
3. ​​​OWNER DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND OWNER SPECIFICALLY DISCLAIMS SUCH WARRANTIES.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.  BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.

 

6. DISCLAIMERS/LIMITATION OF LIABILITY.

 

1. ​​​UNDER NO CIRCUMSTANCES WILL OWNER BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (I) THE WEBSITE; (II) THE CONTENT; (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (IV) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION; OR (V) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF OWNER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).  IN NO EVENT WILL OWNER BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  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 WILL THE OWNER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
2. ​​​​YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OWNERS’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEBSITE, CONTENT, OR OTHER MATERIALS OWNED OR CONTROLLED BY OWNER, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE, CONTENT, OR ANY OTHER MATERIALS OWNED OR CONTROLLED BY OWNER.
3. ​​​​BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

7. INDEMNIFICATION.  You agree to indemnify, defend (if requested by Owner) and hold Owner harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (i) your use of the Website; (ii) your breach or anticipatory breach of these Terms of Use; or (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.  You will cooperate as required by Owner in the defense of any claim described above.  Owner reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Owner.

 

8. INVESTIGATION.  Owner reserves the right to investigate suspected violations of these Terms.  Any violation of these Terms may be referred to law enforcement authorities.

 

9. LOCATION OF SITE AND TERRITORIAL RESTRICTIONS.

 

1. ​​​The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Owner to any registration requirement within such jurisdiction or country. 
2. ​​​​Owner controls and operates the Website from offices located in the United States and makes no representations or warranties that the Content made available on the Website is appropriate for use or access in other locations.  Anyone using or accessing the Website from a location outside of the United States does so on their own initiative and is responsible for compliance with all applicable laws of the United States, including local laws governing acceptable content, if and to the extent such local laws are applicable.  Owner reserves the right to limit the availability of the Website, Content, or any portion of the Website or Content to any person, geographic area, or jurisdiction, at any time and in Owner’s sole discretion.

 

10. GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS.  THESE TERMS OF USE AND THE INTERPRETATION OF THESE TERMS OF USE WILL BE GOVERNED BY AND CONSTRUED UNDER THE INTERNAL LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF CALIFORNIA GOVERNING CONTRACTS ENTERED INTO AND TO BE FULLY PERFORMED IN THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES.  YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT, THE USE OR ACCESS THEREOF, OR THESE TERMS OF USE MUST BE IN THE STATE OR FEDERAL COURTS OF LOS ANGELES COUNTY, CALIFORNIA (“DETERMINED VENUE”).  YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN THE DETERMINED VENUE FOR ANY SUCH LEGAL PROCEEDING AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

 

11. MISCELLANEOUS.  The failure of Owner to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Owner’s rights with respect to such breach or any subsequent breaches.  No waiver by Owner of any of these Terms of Use will be of any force or effect unless made in writing and signed by Owner.  Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use.  Owner may assign its rights and duties under these Terms of Use to any party at any time without any notice to you.  These Terms of Use may not be assigned by you without Owner’s prior written consent.  If any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.  The Section titles are inserted only as a matter of convenience and have no legal or contractual effect.

 

12. ENTIRE AGREEMENT.  These Terms of Use, as amended from time to time, constitute the entire agreement that governs your use of the Website and supersedes any prior agreements between you and Owner with respect to the subject matter of these Terms of Use.