TERMS OF USE (Effective Date: Nov 5, 2017)

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You” or “User” or with “Your”) AND THE PALTOWN DEVELOPMENT FOUNDATION (referenced herein as “PALTOWN”) THAT APPLIES EACH TIME YOU USE OR ACCESS ANY PALTOWN WEBSITE (INCLUDING ANY MOBILE VERSION(S) OR PALTOWN CONTROLLED SOCIAL MEDIA PAGE(S))  (referenced collectively herein as the “Sites”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE SITE.

  1. License Grant. This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Sites conditioned on Your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Sites solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
  2. Restrictions. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy (in any way, including scraping), distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Sites.
  3. User Obligations. You represent that You are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide lawful and accurate information. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Sites. You also acknowledge and agree that use of the Internet and access to the Sites is solely at Your own risk. While PALTOWN has endeavored to create secure and reliable Sites, You should understand that the confidentiality of any communication or material transmitted to/from the Sites over the Internet or other form of global communication network cannot be guaranteed. If You wish to communicate with PALTOWN through other means, please contact PalTown at 969 Diggs Rd., Crownsville, MD 21032, or 410-849-9660.
  4. Other Terms and Conditions. Additional notices, terms, and conditions may apply to blog submissions, donations, training, or participation (in a particular program or event). If there is a conflict between this TOU and other notices, terms, and conditions posted to the Sites, PALTOWN shall resolve any conflict in good faith in its sole discretion, but this TOU shall control your use of the Sites and the latter terms shall generally control with respect to such submissions, donations, training, or participation.
  5. Member Profiles. PALTOWN may make available through the Sites member profiles (the “Profiles”). In addition to any other terms and conditions set forth in this TOU, You acknowledge and agree that the Profiles shall be used only for personal and non-promotional purposes and that any information of the Profiles shall not be further published, displayed, or made accessible. Accordingly, unless PALTOWN has provided its prior written consent, You acknowledge and agree that the contents of the Profiles may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this TOU. You also acknowledge that a person or entity’s Profile represents only that such person registered with and submitted such information to a PALTOWN online community. PALTOWN makes no further representations or warranties regarding any such person or entity (or the related information) listed in the Profile, including, without information, its accuracy, and any information made available through a Profile is provided on an “AS-IS” and “AS-AVAILABLE” basis without warranty of any kind.
  6. User Name Handling Policy. You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another user’s user name and password. You will immediately notify PALTOWN if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password.
  7. Privacy Policy. You understand, acknowledge, and agree that the operation of certain areas of the Sites may require or involve the submission, use, and dissemination of various personally identifiable information. Please see PALTOWN’s Privacy Policy for a summary of PALTOWN’s personally identifying information collection and use practices.
  8. Links to Other Websites. PALTOWN may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and/or services and to provide access to the social media network groups with which PALTOWN participates. These sites, and especially any social media network group, are maintained by third parties over which PALTOWN exercises no control. Accordingly, PALTOWN expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
  9. Mobile Services. The Sites may offer you various tools that are available to You via your mobile phone or other mobile computing device (collectively, “Mobile Services”).  Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for Your mobile devices; what restrictions, if any, may be applicable to Your use of the Mobile Services; and how much such use will cost You.  Nevertheless, all use of the Site and its related Mobile Services shall be strictly in accordance with this TOU.
  10. Postings. The Sites may contain blogs, forums, message boards, and other interactive features and functionality where users can share and post information and/or content. To the extent that the Site contains such communication forums (referenced collectively herein as “Community(ies)”), You agree that by using the Site You will not upload, post, display, or transmit any of the following:
    • anything, which constitutes promotion of one’s self or another individual, group, website, or blog (e.g., “buy my book”);
    • anything, which interferes with or disrupts any Community;
    • anything, which is contrary to the interests of PALTOWN or a Community’s topic/conversation guidelines;
    • anything, which makes false claims about PALTOWN or may damage, lessen, or harm the goodwill or reputation of PALTOWN and its membership, programs, products, or services;
    • anything, which threatens violence, is intended to be inflammatory, disruptive or malicious,  defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others;
    • anything, which constitutes plagiarism, violates any law, or encourages illegal behavior;
    • anything, which involves the impersonation of any other person or entity;
    • except where it specifically pertains to the craft of writing, anything, which discusses religious beliefs, politics, terrorism, race, ethnicity, or “hot button” moral issues;
    • anything, which is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Community; or
    • anything, which constitutes junk mail, spam, or unauthorized advertising.

    PALTOWN reserves the right to deny Your access to and participation in any Community and establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting (as defined below).  Please review the Communities for such additional guidelines, including the obligation to maintain a courteous atmosphere.  Further, PALTOWN shall not have any obligation to incorporate or utilize any Posting that does not correspond to or meet PALTOWN’s technical or usage practices, parameters, and limits, e.g., images or videos.  The harvesting of email or other addresses or personal information from the Community(ies) for promotional or other purposes is strictly forbidden.  Further, You may not forward, quote, screenshot, or otherwise copy a Posting(s) with the intent of sharing such Posting(s) with those who are not a part of the Community(ies) unless you have the explicit permission of the person whose words you are copying.

  11. Permission to Use Postings. Communities are the resources and property of PALTOWN and/or its licensors and You will not have any proprietary interest in any Community. Moreover, by submitting content, information, or a work of authorship of any type (“Posting”) to a Community or other portion of the Sites or by otherwise using the Sites to transmit or display a Posting, You automatically grant PALTOWN a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into 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 or information.  You represent that You have all necessary rights to make the Posting available to PALTOWN and any Community, and You also acknowledge that such Postings are non-confidential for all purposes and that PALTOWN has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting Your information, content, and materials to appear on the Sites, PALTOWN has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, PALTOWN recommends that You do not post, display, or transmit any confidential or sensitive information.
  12. No Pre-Screening of Postings. PALTOWN is not responsible for screening, policing, editing, or monitoring Your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to PALTOWN’s right and ability to delete or remove a Posting (or any part thereof), PALTOWN does not endorse, oppose, or edit any opinion or information provided by You or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other user. Nevertheless, PALTOWN reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to Postings (or parts thereof) that PALTOWN reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of PALTOWN, its users, or the public, or (vi) that PALTOWN believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to PALTOWN, its services, or goodwill.  If PALTOWN identifies a thread within the Community(ies) that appears to be a personal attack, or may turn into a personal attack, PALTOWN may suspend use of the Community(ies).
  13. No Medical Advice. You should always seek the advice of a qualified healthcare professional regarding the diagnosis and treatment of medical conditions or other health care advice or information.  While PALTOWN connects users with information, resources, and other participants, the Sites are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Community members leading and participating in the Sites do not represent PALTOWN, and can only speak about their own experiences. Your experience may differ.
  14. Proprietary Rights. This TOU provides only a limited license to access and use the Sites. Accordingly, You expressly acknowledge and agree that PALTOWN transfers no ownership or intellectual property interest or title in and to the Sites to You or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, 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 Sites, unless otherwise indicated, are owned, controlled, and licensed by PALTOWN (and its successors and assigns) and/or licensors 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, PALTOWN does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, Your unauthorized use of the Sites may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site and its contents are Copyright © 2017 PALTOWN Development Foundation and/or its licensors. All rights reserved. PALTOWN also owns a copyright in the contents of the Sites as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Sites. “PALTOWN” and all other names, designs, logos, and icons identifying PALTOWN and its programs, events, solutions, or services are proprietary trademarks of PALTOWN, and any use of such marks, including, without limitation, as domain names, without the express written permission of PALTOWN is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
  15. Feedback. PALTOWN welcomes Your feedback and suggestions about PALTOWN’s programs or services or with respect to how to improve the Sites. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to PALTOWN, You represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to PALTOWN and enable PALTOWN to use such Feedback. In addition, any Feedback received through the Sites will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for PALTOWN to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
  16. Third-Party Products/Services. PALTOWN, in its sole discretion, may feature and/or post on the Sites materials, programs, products, and services provided by third parties.  PALTOWN makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access.  Your correspondence or any other dealings with third parties found on the Sites are solely between You and such third party.  Accordingly, PALTOWN expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site, and You agree that PALTOWN shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site.
  17. Disclaimer. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PALTOWN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  PALTOWN ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS.  THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE SITES.
  18. Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASE PALTOWN FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PALTOWN’S CONTROL INCLUDING, BUT NOT LIMITED TO, RELIANCE ON POSTINGS FROM OTHER USERS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PALTOWN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES, WITH THE DELAY OR INABILITY TO USE THESE SITES, LOSS OF DATA OR THE FAILURE TO STORE ANY INFORMATION OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THESE SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PALTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF PALTOWN FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PALTOWN IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $500 (US), WHICHEVER IS LESS.
  19. Governing Law. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Maryland as applied to agreements entered into and completely performed in the State of Maryland. You access the Sites on Your own volition and are responsible for compliance with all applicable laws with respect to Your access and use of the Sites.
  20. Enforcing Security on the Site. PALTOWN wishes to keep the Sites as  safe and productive resources. You therefore may not use the Sites or any of PALTOWN’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using PALTOWN data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a PALTOWN system or network, circumventing any PALTOWN security or authentication measures, monitoring PALTOWN data or traffic, interfering with any PALTOWN services, collecting or using from the SiteS email addresses, screen names, or other identifiers, collecting or using from the SiteS information, including any Posting without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Sites to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against PALTOWN or its data, systems, or network.  In order to maintain security, You have no reasonable expectation of privacy while using the Sites because PALTOWN reserves the right to view, monitor, and/or record activity on the Sites, including, without limitation, by archiving notices or communications sent by You through the Sites.  PALTOWN also reserves the right at any time when warranted to suspend or terminate operation of or access to the Sites or any portion of the Sites. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Sites as well as to disclosures required by or under applicable law or related government agency actions. PALTOWN will also comply with all court orders or subpoenas involving requests for such information.
  21. Injunctive Relief. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of PALTOWN proprietary assets, will cause irreparable injury to PALTOWN, such injury would not be quantifiable in monetary damages, and PALTOWN would not have an adequate remedy at law. You therefore agree that PALTOWN shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that PALTOWN post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PALTWON to enforce any provision of this TOU.
  22. Term & Termination. This TOU will take effect (or re-take effect) at the moment You check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the Sites, register, respond through the Sites to a request for information, and/or begin downloading, accessing, or using the Sites, whichever is earliest. PALTOWN reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny Your access to the Sites or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Sites, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Sites will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Sites in Your possession. The provisions concerning PALTOWN proprietary rights, feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
  23. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
  24. Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and PALTOWN as a result of this TOU or Your utilization of the Sites. This TOU represents the entire agreement between You and PALTOWN with respect to use of the Sites, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and PALTOWN with respect to the Sites. You may not assign or transfer any rights under this TOU without the prior written consent of PALTOWN. Please note that PALTOWN reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, PALTOWN may add, modify, or delete any aspect, program, or feature of the Sites, but PALTOWN is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Sites following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.