By joining or using SuttonMass you're agreeing to abide by the Terms of Service below. We've created these rules and guidelines to protect you and to ensure that SuttonMass is safe and fun for everybody. This way, should someone use bad language, make a harassing statement or otherwise make a pain of herself, we are able to do something about it. If you encounter another member who isn't abiding by these rules, please write to us at SuttonMass Webmaster. By agreeing to these terms, you're taking responsibility for your own actions.
From time to time SuttonMass.org may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on SuttonMass to be viewed in connection with the specific content 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 SuttonMass, you will be required to provide SuttonMass.org with the following information: your name, e-mail address, zip code, gender, age, member name and password. In addition, you may choose to provide SuttonMass with additional information.
SuttonMass.org reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by SuttonMass.org.
SuttonMass.org reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access SuttonMass and/or any other service provided to you by SuttonMass.org including any e-mail account obtained through SuttonMass.org upon any breach by you of the Terms of Service or if SuttonMass learns that you have provided SuttonMass.org with false or misleading registration information.
4. Modifications of these Terms of Service
SuttonMass.org may modify these Terms of Service from time to time in its sole discretion. Each time you log on to SuttonMass, you will be deemed to have accepted any such changes.
5. Modifications of the SuttonMass Women's Network
SuttonMass.org may modify or discontinue SuttonMass with or without notice to you and without liability to you or any third party.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. SuttonMass.org reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. SuttonMass is to be used by you for your personal use only. Commercial uses of SuttonMass are strictly prohibited unless prior written consent from SuttonMass.org has been granted. You agree that you will not use SuttonMass for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use SuttonMass to send or post on message boards or any place on SuttonMass, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. SuttonMass.org reserves the right to delete any such material from SuttonMass. SuttonMass.org will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of SuttonMass.org. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use SuttonMass to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) SuttonMass.org permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to SuttonMass, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on SuttonMass is not protected by Rights rests with you. You acknowledge that SuttonMass.org may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of SuttonMass, including message boards, forums, contests and chat rooms, you grant SuttonMass.org and its affiliates a royalty-free, perpetual, irrevocable, non- exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on SuttonMass retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON SuttonMass, YOU HEREBY EXPRESSLY PERMIT SuttonMass TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY SuttonMass IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
7. Third Party Services
SuttonMass.org provides members with access to a Message Board service ("UBB"). UBB is provided by a third party (www.infopop.com) and SuttonMass is not liable for any loss or problems caused by the use of the InfoPop chat or message board product.
You may order services or merchandise through SuttonMass from other persons not affiliated with SuttonMass.org ("Seller"). All sales of service or merchandise associated with SuttonMass.org are owned and operated by Sellers. All matters concerning the merchandise and services desired from Seller, including but not limited to return policies, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. SuttonMass.org makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider SuttonMass.org nor will SuttonMass.org be construed as a party to such transactions, whether or not SuttonMass.org 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.
SuttonMass.org may include special routing icons which may be located within SuttonMass, the activation of which will allow you to access and learn more about SuttonMass.org and other services provided by SuttonMass.org or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
8. Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify SuttonMass.org of any unauthorized use of your registration or password.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF SuttonMass IS AT YOUR SOLE RISK. SuttonMass IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SuttonMass.org 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.
SuttonMass.org MAKES NO WARRANTY THAT SuttonMass WILL MEET YOUR REQUIREMENTS, OR THAT SuttonMass WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SuttonMass.org MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SuttonMass. SuttonMass.org WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF SuttonMass.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SuttonMass 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 SuttonMass.org DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH SuttonMass. SuttonMass.org IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SuttonMass.org NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN SuttonMass, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SuttonMass.org ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
SuttonMass.org 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 THIS SERVICE AREA. YOUR PARTICIPATION IN SuttonMass IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SuttonMass.org OR THROUGH SuttonMass SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SuttonMass.org MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH SuttonMass OR ANY TRANSACTIONS ENTERED INTO THROUGH SuttonMass.
SuttonMass.org IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE SuttonMass.org's SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against SuttonMass.org with respect to such sites.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, SuttonMass.org 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. SuttonMass.org specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on SuttonMass, you are promising that the content of your advertisement is true and that you will indemnify SuttonMass.org against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on SuttonMass, you waive any claims against SuttonMass.org for damages arising from such advertisement or your reliance upon statements in such advertisement.
10. Limitation of Liability
SuttonMass.org SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE SuttonMass OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH SuttonMass 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 INTANGIBLE, EVEN IF SuttonMass.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. E-Mail Message Storage
SuttonMass.org assumes no responsibility for the deletion of or failure to store e-mail messages.
12. Promotional Messages
SuttonMass.org and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. SuttonMass.org makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither SuttonMass.org nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of SuttonMass.org, their parents, subsidiaries, affiliates, officers 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 SuttonMass, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
14. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions.
15. Remedies for Breach of these Terms by You
In the event that SuttonMass.org determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of SuttonMass, SuttonMass.org reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to SuttonMass, (iii) delete all content provided by you to SuttonMass, (iv) discontinue your registration with SuttonMass and/or any other SuttonMass.org community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which SuttonMass.org deems to be appropriate.
16. Notification of Claims of Infringement
SuttonMass.org is supplied content by volunteer editors. Each volunteer editor has signed a contract ensuring that every article they post to their given site area is written by them and is not in infringement of any known copyright or trademark. If you feel that an editor has infringed on your copyright or trademark, contact the SuttonMass Webmaster. All such notices will be acted on as quickly as possible, in accordance with terms of the Digital Millennium Copyright Act (DMCA) and the Online Copyright Infringement Liability Limitation Act (OCILLA). SuttonMass is registered with the US Copyright Office.
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.
SuttonMass.org may assign its rights and obligations under these Terms of Service and upon such assignment SuttonMass.org may be relieved of any further obligation hereunder.
You represent to SuttonMass.org that you have the authority to register with SuttonMass according to these Terms of Service.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on SuttonMass by SuttonMass.org) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of SuttonMass.org, 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.
SuttonMass.org reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.
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