1. Acceptance of Terms
2. Modifications to this Agreement
TPW reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all postings, messages, text, files, images, photos, video, audio, or other materials (“Content”) posted on, transmitted through, or linked from the TPW and/or the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service, especially those related to the member directory service and classified ad service at TPW. You acknowledge that TPW does pre-screen or approve Content, and that TPW shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service, including the ones posted by you, which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person, if they are inconsistent with TPW stated values, or for any other reason. Although TPW has a strict policy of checking all Content made available at TPW and the Services, you understand that TPW is not responsible for any accuracy, authenticity, completeness, quality or availability of items of the Content posted by third parties, including you, at both member directory service and classified ad service. Furthermore, the Content available through the Service may contain links to other websites, which are completely independent of TPW. TPW makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will TPW be liable in any way for any Content posted by third parties, including you, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
4. Privacy and Information Disclosure
You are entirely responsible and liable for all information you post to TPW. You agree not to post, email, or otherwise make available Content that, intentionally or unintentionally: a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; c) includes personal or identifying information about another person without that person’s explicit consent; d) is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; f) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law; g) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: h) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; i) “stalk” or otherwise harass anyone; j) collect personal data about other users for commercial or unlawful purposes; k) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service.
6. Access to the Service
TPW grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TPW. A limited exception to such restriction is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. TPW permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of TPW so long as the link does not portray TPW or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access granted to you by TPW immediately terminates said permission or license.
7. Termination of Service
You agree that TPW, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if TPW believes that you have acted inconsistently with TPW stated values. Further, you agree that TPW shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 8 and 9 shall survive termination of the Terms.
8. Proprietary Rights
The Service and the Content are protected to the maximum extent permitted by copyright laws and international treaties and conventions. You agree that you will not upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Any reproduction, modification, creation of derivative works from or redistribution of the TPW or the collective work, and/or copying or reproducing TPW or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TPW. Although TPW does not claim ownership of Content that is posted by third parties, by posting Content to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TPW an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant TPW all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
9. Disclaimer of Warranties
You agree that use of the TPW and the Service is entirely at your own risk. TPW and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. No advice or information, whether oral or written obtained by you from TPW shall create a warranty not expressly made herein. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, TPW disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of TPW and the Service. To the fullest extent permitted by law, TPW disclaims any warranties for other services or goods accessed through any links on TPW. To the fullest extent permitted by law, TPW disclaims any warranties for viruses or other harmful components in connection with TPW or the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. Limitations of Liability
Under no circumstances shall TPW be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if TPW has been advised of the possibility of such damages), resulting from any aspect of your use of TPW or the Service, whether the damages arise from use or misuse of TPW or the Service, from inability to use the TPW or the Service, or the interruption, suspension, modification, alteration, or termination of TPW or the Service. In no case shall TPW be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and your side browser issues. Such limitation shall also apply with respect to damages incurred by reason of information or products made available through the Service, especially the member directory service and the classified ad service, or in connection with TPW or any links on TPW, as well as by reason of any information or advice received through or advertised in connection with TPW or the service or any links on TPW. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold TPW, its affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
12. General Information
The Terms constitute the entire agreement between you and TPW and govern your use of the Service, superceding any prior agreements between you and TPW. The Terms and the relationship between you and TPW shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and TPW agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ventura, California. The failure of TPW to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or the use of TPW or the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.