Effective as of October 2008
BY ACCESSING THE THETOTALTRANSFORMATION.COM WEB SITE (“SITE”), you acknowledge and agree to be bound by all of the terms and conditions (“Terms”) stated herein. these terms GOVERN YOUR ACCESS To and use of THE THETOTALTRANSFORMATION.COM web site.
This Site is made available by the Legacy Publishing Company (“Legacy Publishing”), and all references herein to “we” or “us” refer to Legacy Publishing. All references herein to “you” or “user” refer to any user of this Site.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms or any aspect of the Site at any time without further notice. We will post changes to these Terms on this web page and will indicate at the top of this page the date these Terms were last updated. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes.
1. LICENSE GRANT; RESTRICTIONS
Legacy Publishing provides you a personal, revocable, limited, non-exclusive royalty-free, nontransferable license to use this Site conditioned on your continued compliance with these Terms. Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any article or other content on this site. Without limiting the foregoing, you may print and download articles and other information from this Site solely for your personal use, provided that all hard copies contain all copyright and other such notices contained the such articles and information. You expressly acknowledge and agree that Legacy Publishing transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.
You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Legacy Publishing server, by hacking, password “mining,” or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Legacy Publishing’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to or through the Site, and (ix) use the Site in a manner that could damage, disparage, or otherwise negatively impact Legacy Publishing or any contributor to or other user of the Site.
2. USER OBLIGATIONS
This Site is not intended for use by children, especially children under age thirteen (13). By accessing or using this Site, you represent and warrant that you are at least eighteen (18) years of age or older, or that you have the express permission of a parent or legal guardian to access or use this Site, and your parent or legal guardian agrees to be bound by these Terms on your behalf. You acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While we have endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from this Site.
3. PROPRIETARY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, articles, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Legacy Publishing and its successors and assigns and are protected by law, including but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Legacy Publishing does not grant any express or implied right to you or any other person under any intellectual property or other proprietary rights laws or other laws, regulations, and statutes. Legacy Publishing enforces it intellectual property rights to the fullest extent of the law. This Site is Copyright © 2008 Legacy Publishing Company. All rights reserved. Legacy Publishing owns a copyright in the contents of the Site and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, articles or materials available through the Site and all copyrights, trade secrets, and know-how related thereto are owned by Legacy Publishing, unless otherwise indicated. All trademarks, logos, service marks and trade names (collectively, “Trademarks”) display on this Site or on the content available through this Site are registered and unregistered Trademarks of Legacy Publishing or their respective owners. Any use of such Trademarks, including without limitation, as domain names, without the express written permission of Legacy Publishing or the appropriate owner is strictly prohibited.
4. USER-SUBMITTED CONTENT (INCLUDING BLOGS AND FORUMS)
This Site contains provides tools that allow you to interact with other users of the Site by posting, viewing, commenting on, or participating in web logs (commonly referred to as “blogs”), discussion forums, chat rooms, and/or other such features (collectively, “Community Features” or “Community”). This section describes the terms and conditions that are applicable to any content (“Contributions”) that you submit to this Site using any Community Features.
Username and Password Registration
Contributions All comments or opinions expressed on the Community are those of their respective contributors and do not necessarily represent the views of Legacy Publishing, its management, or employees. Legacy Publishing is not responsible and expressly disclaims all liability for the content of any Contribution submitted by contributors to the Community. Without limiting the foregoing, Legacy Publishing will not be held liable for Contributions that may infringe a third party’s copyright, trademark, or other intellectual property right.
The nature of some Contributions may be offensive, harmful, or inaccurate, an din some cases may be mislabeled or deceptively labeled. You agree that you are fully responsible for any Contribution that you submit to the Community. Without limiting the foregoing, Legacy Publishing reserves the right, but is not obligated, to monitor all submissions and exercise editorial control over all such submissions, including without limitation the right to take down or remove any Contributions. Legacy Publishing is not responsible for any failure to monitor, review, and/or delete any Contributions submitted to the Site through any Community Feature.
All Contributions are deemed to be provided on a non-confidential basis. If you make a Contribution to a Community Feature, you understand and agree that we may publish your Contribution in its entirety, as an edited version, or not at all, in our sole discretion. We may remove, alter, or otherwise edit Contributions that we deem inappropriate for any reason, in our sole discretion. You bear all privacy and other risks associated with using the Community Features of this Site. Accordingly, you should avoid posting personal information such as home address or telephone number.
When you submit to the Community, you may have the option to remain anonymous or include your username or your real time with your posting. Unless you choose to have your submission remain anonymous, you understand and agree that your username and/or full name may be posted along with your comment. To that extent, you do not have the same degree of privacy or confidentiality as you may receive in other areas of the Site.
Rules of Conduct
You must abide by the following rules of conduct at all times while using the Community Features of the Site. Legacy Publishing may impose limits on certain aspects of a Community or restrict your access to part or all of a Community without notice or penalty, in our sole discretion and for any reason, including without limitation if we believe you are in breach of these rules of conduct, the Terms of this Site, or any applicable law.
- Contributions submitted by you must not contain content that is libelous, defamatory, obscene, abusive, violative of any third party’s privacy rights, and/or contains personal information of third parties such as telephone numbers, mail, or email addresses.
- Vulgar language and inappropriate material is prohibited. Abbreviations, self-censoring, and attempts to circumvent the censoring features of our Community software violates these rules of conduct. If your Contribution contains a word that is censored by the software, you must remove the word or the post. Any actions contradictory to maintaining a family-friendly atmosphere in the Community are strictly prohibited.
- The material you post must be original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and/or distribute the material to others. Do not post photos, video, software, comments, or other content that is violative of intellectual property rights of others (including, without limitation, copyright, trade secrets, and trademarks rights) or violative of any federal, state, local, or international laws or regulations, all of which are expressly prohibited.
- You must not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification. Legacy Publishing will not tolerate language intended to intimidate or incite violence.
- You must treat other users of the Site as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not post topics or opinions that are designed to provoke a negative response from one or more specific users (i.e., “trolling).
- Do not engage in disruptive activity including without limitation persistent off-topic contributions or comments, or statements designed to incite other users to violate these Terms and these rules of conduct.
- Do not post any instructions, software, or other materials that would harm other users’ computers or allow other users to harm third parties, including without limitation by uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
- Posting your Contribution in two or more locations (i.e., “cross-posting”) is not allowed and will result in the removal of one or more Contributions. When posting your Contribution, please try to post it in the most appropriate place within the Site’s Community Features.
- All Contributions must be written in English so that it can be properly monitored by Legacy Publishing and received by others.
- If your Contribution includes a link to an outside web site, you must ensure that the content of the link is appropriate for the Community. This rule applies to mentioning or referencing a web site, even if the mention is not hyperlinked from your post. If you post a link or reference a web site that is inappropriate, you must remove it immediately. Inappropriate links or web sites include, without limitation, links and web site that lead to earning cash, banner impressions, credits, points, and other incentives.
- Unless specifically agreed to in writing by Legacy Publishing, you may not use the Community for any commercial purpose. Legacy Publishing prohibits any actions to solicit funds, promote commercial entities or web sites, or otherwise engage in commercial activity through the Community.
Legacy Publishing does not claim ownership of any Contribution submitted by you or any other user. By submitting a Contribution to the Community, you grant to Legacy Publishing a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Contribution and derivative works. In addition, by submitting a Contribution to the Community, you grant to Legacy Publishing a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Contributions. You also grant Legacy Publishing and all other users of the Community the permission to use your Contribution for commercial and noncommercial uses.
In addition to, and without limiting, any other disclaimers stated in these Terms or elsewhere on the Site, Legacy Publishing makes no representations or warranties about any material posted on or made available through the Community, including without limitation warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such material. You are solely responsible for determining and confirming the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of all user-submitted content. The inclusion of any user-submitted content on this Site does not imply the endorsement or sponsorship of Legacy Publishing. You are solely responsible or any and all consequences of any activities, transactions, and relationships that you may conduct or form with other users of the Site.
5. LINKS TO OTHER SITES
6. PRIVACY OF USER INFORMATION
7. LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES
By using this Site, you agree that Legacy Publishing and its owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use Site, any failure or delay by Legacy Publishing in connection with Site, or the performance or non-performance of the Site’s features, even if Legacy Publishing has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.
Legacy Publishing makes no warranty of any kind regarding the Site, which is provided on an “as is” and “as available” basis. Legacy Publishing expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Legacy Publishing is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Site, including without limitation that the Site will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Site. Some states do not allow the limitation of liability and disclaimer of implied warranties, so the disclaimers and limitations above may not apply to you.
You agree to defend, indemnify, and hold harmless Legacy Publishing and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms.
9. GOVERNING LAW
The laws of the State of Maine, without regard to its conflict of law principles, will govern these Terms. Any action to enforce these Terms will be brought in federal or state courts presiding in the County of Cumberland, Maine, United States of America and all parties to these Terms expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Legacy Publishing from its offices in Westbrook, Maine. Legacy Publishing makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable laws.
10. ENTIRE AGREEMENT
These Terms make up the entire agreement between Legacy Publishing and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.