|Terms of Service|
|1. ACCEPTANCE OF TERMS |
Welcome to White Mountain Living. White Mountain Living provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at: http://utgsolutions.net/terms.htm. In addition, when using
particular White Mountain Living services, you and White Mountain Living shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules (including but not limited
to our Spam Policy) are hereby incorporated by
reference into the TOS.
If you are a homesteader on White Mountain Living's Webmall
Service, please note that White Mountain Living provides a different Terms of
Service for you. White Mountain Living also may offer other services from time to
time that are governed by different
Terms of Services. These TOS do not apply to any other service that is offered
by White Mountain Living.
2. DESCRIPTION OF SERVICE
White Mountain Living currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for White Mountain Living to provide the Service. You also understand and agree that the service may include certain communications from White Mountain Living, such as service announcements, administrative messages and the White Mountain Living Newsletter, and that these communications are considered part of White Mountain Living membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new White Mountain Living properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that White Mountain Living assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that White Mountain Living will not allow ANY links or information that contain adult or mature content. NO EXCEPTIONS.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or White
Mountain Living has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, White Mountain Living has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). White Mountain Living is concerned about the safety and
privacy of all its users, particularly children. For this reason, parents
of children under the age of 13 who wish to allow their children access to
the Service must create a White Mountain Living Family Account. When you create a
White Mountain Living Family Account and add your child to the account, you certify that you are
at least 18 years old and that you are the legal guardian of the
child/children listed on the White Mountain Living Family Account. By adding a child to
your White Mountain Living Family Account, you also give your child permission to access
all of the Services including, email, message boards, clubs, instant
messages and chat (among others). Please remember that the Service is
designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the
Services and/or Content (as defined in Section 6 below) are appropriate
for your child.
Registration Data and certain other information about you is subject to
policy at http://utgsolutions.net/privacy.htm.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify White Mountain Living of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. White Mountain Living cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not White Mountain Living, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service.
White Mountain Living does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will White
Mountain Living be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that White Mountain Living does pre-screen Content that is
linked from White Mountain Living's website, and that White Mountain Living and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, White Mountain Living and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by White Mountain
submitted to White Mountain Living, including without limitation information in
White Mountain Living Message Boards, White Mountain Living Clubs, and in all other parts of the Service.
You acknowledge and agree that White Mountain Living may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of White Mountain Living, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
White Mountain Living does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant White Mountain Living the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the UTG Solutions/OnSite Systems network of properties that are intended by White Mountain Living to be available to the general public. By way of example, publicly accessible areas of the Service would include White Mountain Living Message Boards and portions of White Mountain Living Clubs and White Mountain Living Forums that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of White Mountain Living Clubs and White Mountain Living Forums that are limited to members, White Mountain Living services intended for private communication such as White Mountain Living Instant Messenger, or areas off of the UTG Solutions/OnSite Systems network of properties such as portions of World Wide Web sites that are accessible through White Mountain Living but are not hosted or served by White Mountain Living or UTG Solutions/OnSite Systems.
You agree to indemnify and hold White Mountain Living, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that White Mountain Living may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on White Mountain Living's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that White Mountain Living has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that White Mountain Living reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that White
Mountain Living reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
White Mountain Living reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that White Mountain Living shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
You agree that White Mountain Living may, under certain circumstances and without prior notice, immediately terminate your
White Mountain Living account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your
White Mountain Living account includes (a) removal of access to all offerings within the Service, including but not limited to
White Mountain Living, Forums, Chat, Domains, Personals, Auctions, Message Boards, Greetings,
and Alerts, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in
White Mountain Living's sole discretion and that White Mountain Living shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that White Mountain
Living shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because White Mountain Living has no control over such
sites and resources, you acknowledge and agree that White Mountain Living is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that White Mountain Living shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
16. WHITE MOUNTAIN LIVING'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by White Mountain Living or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
White Mountain Living grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by White Mountain Living for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHITE MOUNTAIN LIVING SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHITE MOUNTAIN LIVING HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 17 and 18 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor beware" is
apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. White Mountain Living and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available
via the Service, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
White Mountain Living, the White Mountain Living logo, My Portal,
trademarks and service
marks, and other White Mountain Living logos and product and service names are trademarks
of UTG Solutions/OnSite Systems Inc. (the "White Mountain Living Marks"). Without
UTG Solutions/OnSite Systems' prior permission, you
agree not to display or use in any manner, the White Mountain Living Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
White Mountain Living respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide White Mountain Living's Copyright Agent the following information:
White Mountain Living's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and UTG Solutions/OnSite
Systems Inc. and
govern your use of the Service, superceding any prior agreements between
you and UTG Solutions/OnSite Systems Inc. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and UTG
Solutions/OnSite Systems Inc. shall be governed by the laws of the State of
Arizona without regard to
its conflict of law provisions. You and UTG Solutions/OnSite Systems Inc. agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Maricopa, Arizona. The failure of UTG Solutions/OnSite Systems Inc. to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS 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 TOS 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
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
Please report any violations of the TOS to our Customer Care