Last modified: November 27, 2012
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS SITE. BY USING THIS SITE, YOU AGREE THAT THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS SITE. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These Terms and Conditions of Use (these "Terms") apply to this website, www.HolidayTouch.com, and all websites, social media sites, mobile applications, and other services that expressly reference and/or incorporate these Terms (collectively, the "Site"). The Site is owned, operated, licensed or controlled by Harvest Facility Holdings LP, dba Holiday Retirement® ("Company").
1. Agreement to Terms and Conditions. By accessing, visiting, using and/or posting comments to the Site, you, the user: (a) acknowledge that you have read and understand these Terms; and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site. Company may change these Terms at any time by posting the change to the Site. Please check these Terms periodically for changes. Your access or use of the Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the end of these Terms. The information contained in this Site is solely for use by residents of the United States, its territories, possessions and protectorates.
2. Intellectual Property Infringement Claims. Company will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively, "Copyright Law"). If you own the copyright of any works displayed on the Site, or are the agent of the copyright owner, and believe the Site violates your intellectual property rights, please provide the Company's copyright agent with a notice (a "Copyright Notice") that includes, without limitation, the following information: (a) a description of the copyrighted work that you believe has been infringed and enough information that will allow Company to locate that work (e.g., the URL where that work is posted or the author and name of the book in which that work was originally published); (b) the location on the Site of the work that you believe infringes the copyright owner's work and that you are asking Company to remove from the Site; (c) enough information to contact you such as your name, address, telephone number and email address, and if different, the name, address, telephone number and email address of the copyright owner; (d) a statement that you have a good faith belief that Company's use of the copyrighted work in the described manner is not authorized by the copyright owner, its agent or applicable law; (e) a statement that, under penalty of perjury, all information in your Copyright Notice is accurate and that you are the copyright owner or authorized agent of the copyright owner; and (f) your signature (either electronic or physical). Upon receipt of a Copyright Notice that contains the information described in the foregoing (a) through (f), Company will act to promptly evaluate your claim of infringements and will take whatever action is required by the applicable Copyright Law, which may include, without limitation, removing or disabling access to any infringing works. Send Copyright Notices to Company's copyright agent at:
c/o Tonkon Torp LLP
888 S.W. Fifth Avenue, Suite 1600
Portland, Oregon 97204
Attention: Christopher Erickson
Fax: (503) 972-3877
Phone: (503) 221-1440
Please include the word "copyright" in the subject line for each Copyright Notice sent via email or regular mail. Only Copyright Notices should be sent to Company's copyright agent. Send all other questions and comments to email@example.com.
3. Security Rules. You agree not to violate or attempt to violate the security of the Site, including without limitation: (a) accessing data that is not intended for your use; (b) using any other person's username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
4. Restriction on Use of Materials. The materials that are included in or displayed on the Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for the Site, and other materials (collectively, the "Materials"), include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by Company. Without Company's prior written permission, you may not: (a) use the Materials on any other website or in any advertising or publicity or for any other commercial purpose; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. Trademarks and Service Marks. Holiday® and Holiday Retirement® are service marks of Company or its affiliates. All other marks and logos that appear throughout the Site belong to Company or to others and are protected by United States and international copyright and trademark laws. Any use of any marks appearing in the Site, without the express written permission of Company, is strictly prohibited.
6. Your Participation in and Postings on Forums.
6.1. Discussion Groups and Social Networking Services. "Forum" means a discussion group, chat area, social networking service or any other bulletin board, blog, or email function provided by the Company or the Site in which visitors post or otherwise contribute, share, or express information or opinion, including without limitation the Company's official pages and accounts on Facebook®, Twitter®, Google® and Pinterest®. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this Section 6, as well as any terms and conditions binding on users of applicable third party websites.
6.2. Registration Information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or choose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.
(a) The Transmission does not: (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other similar material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility, company, organization, or product; (iv) invade the privacy of any person, infringe the copyright, trademark, trade secret right or other proprietary rights of any person, or constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; or (vii) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law;
(b) You will not: (i) use the Site for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to the Site to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; or (v) post a link to any website that contains or does any of the prohibited actions described in subsection 6.3(a) above or this subsection 6.3(b); and
(c) You will not impersonate another person.
6.4. Member Profiles. Do not give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.
6.5. Monitoring. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. Company does not represent or warrant the reliability, accuracy or truthfulness of that content, including without limitation Transmissions. Although Company is not obligated to do so, it may monitor, edit and/or remove Transmissions posted on the Forums. Because Company does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at firstname.lastname@example.org.
7. Nature of Information Provided by Company. The information contained on the Site has been collected and/or prepared by Company as a service to its visitors. While Company has used reasonable efforts to verify that the information on the Site is useful to its visitors, Company does not warrant or guaranty its accuracy or timeliness. You agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any communications Company sends you concerning your participation in any Forum or any related matters.
8. Disclaimer of Professional Advice. None of the content on the Site (including without limitation Transmissions) is intended to constitute medical advice or any other advice of a professional nature. The content of the Site should not be used as a substitute for professional advice. Nothing in the Site is intended to be used for medical diagnosis, treatment or any other medical service and should not be relied upon to guide or influence the medical therapy of any person. You should always consult your own doctor, health care professional, or other applicable professional for advice before making important personal decisions. Your reliance on the content of the Site is solely at your own risk.
9. General Disclaimers of Warranties. All information and other Material, whether included in a Forum, in a directory, or in any page of the Site, is provided "AS IS" and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. COMPANY DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY MATERIALS, OR ANY SERVER(S) USED BY COMPANY ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, CORRECTNESS, ACCURACY, RELIABILITY OR TRUTHFULNESS OF THE SITE, ANY MATERIALS OR ANY WEBSITES LINKED TO OR FROM THE SITE.
10. Ads, Directory and Linking Disclaimers and Warning. Company may sell advertising space to third parties that provide goods and/or services ("Advertisers"), and the Site may include links to websites owned and operated by others ("Third Party Websites"). The directory listings, ads, and Third Party Websites are generally created and owned by Advertisers or other parties, and are the responsibility of those persons and not of Company. Consequently, Company cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any ads, directory listings or Third Party Websites. Although Company may periodically attempt to verify the accuracy of ads, directory listings and Third Party Websites, Company will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the ads, the directory listings or the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in the Site and in any Third Party Websites. You bear all risk associated with the information in the Site, including without limitation all ads, directory listings, and Third Party Websites, and your use of any such information is subject in all respects to these Terms. Company reserves the right to terminate any links to other websites without notice.
11. Limitation of Liability; Release and Indemnity. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, CAUSED BY OR ARISING OUT OF USE OF OR RELIANCE ON THE SITE, THE MATERIALS, FORUMS OR THE TRANSMISSIONS, OR FOR ANY INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, LOSS OF USE, OR LOSS OF DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS RESULTS IN THE NEED FOR SERVICE, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COST RELATED TO THAT SERVICE, REPAIR AND CORRECTION. YOU RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST COMPANY ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS. YOU ALSO AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING WITHOUT LIMITATION COSTS AND ATTORNEY FEES PRIOR TO AND AT ANY TRIAL OR ARBITRATION PROCEEDING, AND IN ANY POST JUDGMENT PROCEEDINGS, ARISING FROM YOUR IN CONNECTION WITH YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE TRANSMISSIONS, OR FAILURE TO ABIDE BY THESE TERMS OR APPLICABLE LAW.
Company will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
12. No License. Except as expressly provided otherwise in these Terms, nothing in the Site, including without limitation these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials or Transmissions without the prior written permission of the owner of the Materials or Transmissions.
13. United States Government Restricted Rights. The Materials on the Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of Company's proprietary rights in them.
15. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Site will be governed by the internal laws of the State of Oregon, USA, without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or the Site be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods.
16. Jurisdiction. The Site is controlled and operated from Company's offices within the State of Oregon. You agree that the exclusive jurisdiction for all claims, disputes or controversies relating to the Site, including without limitation these Terms, will be the state and federal courts located in Portland, Oregon, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.
17. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
18. Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
19. Entire Agreement. This is the entire agreement between you and Company relating to the subject matter of these Terms. Except as expressly provided in Section 1, these Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Company.
20. Other Terms and Conditions. These Terms apply to all uses of the Site unless you and Company have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
21. Notices, Questions, Communications. If you wish to contact Company, please direct all inquiries (except for claims of copyright infringement): (a) by email to email@example.com; or (b) by telephone at (800) 322-0999. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.