Welcome to LivingConcord.com (the “Service”), a service of Eggrock Marketing, LLC (“EM”). By indicating your acceptance of the following terms of service agreement (“Agreement”), you agree to be bound by and comply with its terms. Accordingly, you should review this Agreement thoroughly and contact us if you have any questions. If you do not agree to comply with the terms of this Agreement, you should not indicate your acceptance of it, and should not use the Service. In order to accept this Agreement and use the Service, you must be of legal age in your applicable state or other jurisdiction to form and perform binding legal contracts. In no case is anyone under eighteen (18) years old allowed use the Service.
We may revise and update this Agreement from time to time. If you are a registered user, we will attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information.
To register to use the Service, you will be required to provide information including your name, email address, and telephone number. By registering, you represent and warrant that you satisfy the eligibility requirements, and you have the right, authority and capacity to enter into and perform your obligations under this Agreement.
You are solely responsible for maintaining the security and confidentiality of the username and password you have selected during the registrations process, and for any and all activity on your account. In no event will EM, its officers, directors, employees, agents, or affiliates, have any liability for any activity which may occur under your account. You agree to notify EM immediately if you suspect any unauthorized use of or access to your account.
Current subscription fees are as set forth on the EM website. You may cancel your subscription or any advertisement at any time. Please note that subscription fees are billed annually in advance on a per-advertisement basis, and EM will not refund the unused portion of any subscription fee.
LICENSE TO USE
EM grants you a non-exclusive, limited, revocable license to use the Service in accordance with the terms of this Agreement. Any use, or attempt to use, the Service except for the purposes clearly set forth on the Service, is strictly and expressly prohibited.
You will not use the Service in any manner or for any purpose that violates any applicable law or regulation, or any term of this Agreement. You will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify the Service in any manner or form, (iii) copy, distribute, or create derivative works based on the EM Content (as defined below), (iv) impair the Service or any other person’s use or enjoyment of the Service, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey the Service, the EM Content, or any elements thereof.
ACCEPTABLE CONTENT POLICY
We may, but are not obligated to, review, revise, and remove any advertisement, or the content of any advertisement, at our discretion. In particular, we reserve the right to remove or revise any advertisement which includes User Content (as defined below) which we in our sole discretion deem unacceptable, including but not limited to User Content which (i) is obscene, offensive, illegal, or pornographic, (ii) is defamatory, (iii) violates the rights, including copyright rights, of any third party, or (iv) includes unauthorized email addresses, telephone numbers, or links to third party websites or services.
The Service and all elements thereof (the “EM Content”) are owned by EM, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. EM owns and retains all rights, including the worldwide copyright, in all elements of the Service solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.
LIVING CONCORD and the Living Concord logo are trademarks or registered trademarks of EM. All other trademarks or registered trademarks used on EM are the property of their respective holders. The use of company names, product names and logos or images on the Service does not necessarily constitute an endorsement of the named company or products by EM.
EM claims no ownership of any rights, including copyright rights, to any content posted to or through the Service, including but not limited to photographs, images, videos, and text (“User Content”). To the extent that you own the rights to User Content, you retain those rights. You represent and warrant that you own or otherwise control all of the rights, including copyrights, to such User Content, and that the use and display of the User Content on the Service by EM will not infringe upon or violate the rights, including copyright rights, of any third party.
By posting User Content to the Service, you grant EM and its affiliates a worldwide, royalty free, non-exclusive license to use, distribute, reproduce, modify, adapt, creative derivatives works from, publicly perform and/or display in any format or medium the User Content on and through the Service. This license includes the right of EM to sublicense the rights you grant to us to third parties, including but not limited to affiliates, whom we have contracted or engaged to market and promote the Service.
EM does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Service, please provide us with written notice that includes the following information:
1) Your name, address, telephone number, and email address.
2) A description of the copyrighted work that you claim has been infringed.
3) The URL(s) or a description of where on the Service the material you claim is infringing is located.
4) A written statement by you that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
5) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Send your notice to our agent for notices of claimed copyright infringement as follows:
Postal mail: Eggrock Marketing, 33 Bradford Street, Concord, MA 01742
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING ALL CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR ANY CONTENT OR INFORMATION MADE AVAIALBLE THROUGH THE SERVICE. EM EXPRESSLY DISCLAIMED ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
EM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
EM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EM DISCLAIMS ANY AND ALL SUCH WARRANTIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL EM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THIS AGREEMENT, ANY BREACH OF THE TERMS OF THIS AGREEMENT BY ANY THIRD PARTY, ANY USER CONTENT, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM ANY ACTUAL OR ATTEMPTED TRANSACTION BETWEEN PARTIES.
YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US FOR ANY DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SERVICE WITH RESPECT TO THESE TERMS OR THE SERVICE IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, EM’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO EM IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
You agree to indemnify, defend, and hold harmless EM, its officers, directors, employees, and agents from and against any and all claims, losses, costs, liabilities, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) in connection with any Claim that arises out of or relates to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, (ii) any transaction entered into by you, (iii) any actual or alleged infringement of any intellectual property or proprietary rights of any third party, or (iv) any inaccurate or untruthful information provided by you or made available through the Service. “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
EM may, in its sole discretion, terminate this Agreement, your Service subscription, or any property advertisement for any reason whatsoever and without notice. Your license of rights to EM, and the Disclaimer of Warranties, Limitation of Liability, Indemnification and General Conditions sections of this Agreement shall survive such termination.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and us, and governs your use of the Service, superseding any prior agreements. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflict of laws principles thereof. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
If you have any questions or concerns about this Agreement, EM, or the Service, please contact us, we’d love to hear from you.
Eggrock Marketing, LLC
33 Bradford Street
Concord, MA 01742
Effective Date: January 1, 2020