Last updated: 3/14/2011.
1. This website is operated by Heritage Publishing & Communications, Ltd. (the “Provider”) as a public service to promote disaster preparedness and recovery. By using this website, you agree to be legally bound by these Terms of Use.
2. The Red Guide to Recovery, this website and all information posted on this website (collectively, the “Material”), except for information posted by third-parties in public forums, are owned by Provider or its licensors. All Material is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not use, copy, delete, modify or display any of the trademarks, service marks, names or logos appearing in the Material without the express written permission of the trademark owner. All rights not granted to you by these Terms of Use are expressly reserved by Provider.
3. You may view the read-only condensed version of The Red Guide to Recovery available on this website and you may print one (1) copy of the condensed version for personal, noncommercial use only, provided that you maintain all copyright and other notices and abide by the restrictions contained therein. Except for foregoing, nothing in these Terms of Use shall be deemed to grant you or any other user any rights to the Material including any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right contained in the Material. Provider reserves the right to revoke any license or other rights granted to you by these Terms of Use at any time, for any reason, without prior notice.
4. The Material contains opinions and advice for disaster preparedness and recovery, but these opinions and advice may not be accurate, current or appropriate for your particular circumstance. THE MATERIAL IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS” AND YOU HEREBY ASSUME ALL RISK AND LIABILITY ASSOCIATED WITH YOUR ACTS OR OMISSIONS IN RELIANCE ON THE OPINIONS AND ADVICE CONTAINED IN THE MATERIAL. PROVIDER, PROVIDER’S LICENSORS (INCLUDING SEAN SCOTT) AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND OTHER AFFILIATES (COLLECTIVELY, “AFFILIATES”) MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY MATERIAL. WITH RESPECT TO THE MATERIAL, PROVIDER AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL PROVIDER OR ANY OF ITS AFFILIATES HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF PROVIDER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, BASED ON, RELATING TO OR ARISING OUT OF THE MATERIAL, INCLUDING ACTS OR OMISSIONS BY YOU IN RELIANCE ON THE MATERIAL. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PROVIDER IS NOT LIABLE AND YOU HEREBY RELEASE PROVIDER WITH RESPECT TO AND COVENANT NOT TO SUE PROVIDER FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THE MATERIAL OR THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MATERIAL AND THE WEBSITE.
5. Public forums may be available on this website. These public forums may include information, advice and opinions posted by third party users of this website. Provider and its Affiliates are not responsible for this content and do not necessarily endorse the opinions and advice in the public forums. Your reliance on information in the public forums is at your own risk. Provider disclaims any obligation to monitor the public forums, but Provider reserves the right to edit and/or remove any comments or content from the website at any time, for any reason, without prior notice. Provider also reserves the right to disclose any information as necessary to satisfy any law, regulation or government request. By submitting or uploading information to this website, you hereby grant to Provider a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, delete and otherwise exploit such information in all media now known or hereafter developed. By uploading information to this website, you represent and warrant to Provider that (a) you own or otherwise have the right to use the information and (b) posting such information on this website and granting Provider the license set forth in this paragraph does not violate applicable law or infringe the rights of any third party. You shall indemnify, defend and hold Provider and its Affiliates free and harmless from and against any and all liability and costs (including attorneys’ fees and costs) sustained by any of them as a result of your breach of your representations, warranties and covenants in these Terms of Use, and/or in connection with any lawsuit or other proceeding brought against Provider that involves content you uploaded to this website.
6. This website is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, Provider’s liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. Provider is not responsible for content or any other information posted to this site by third parties. Provider neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor does Provider assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7. This website is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this website. All notices of claimed infringement should be addressed to the Provider at the contact information specified below in the paragraph titled “QUESTIONS OR ADDITIONAL INFORMATION.” You may contact Provider with complaints regarding allegedly infringing posted material and we will investigate those complaints. If Provider believes in good faith that the posted material violates any applicable law, Provider will remove or disable access to any such material, and will notify the posting party that the material has been blocked or removed.
In notifying Provider of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit Provider to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
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9. PROVIDER DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS IN THE MATERIAL OR ON THE WEBSITE WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THIS WEBSITE AND ITS SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE TO USE THIS WEBSITE AT YOUR OWN RISK.
10. California users are entitled to the following consumer rights information under California Civil Code § 1789.3: If this website charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this website. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to Heritage Publishing & Communications, Ltd. at the contact information provided below. The California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at 1-800-952-5210 or 1-916-445-1254.
11. These Terms of Use shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Material shall be subject to the exclusive jurisdiction of the state and federal courts located in California. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. Provider’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Provider in writing. Provider’s Affiliates are hereby made express third-party beneficiaries of this agreement.
12. Provider reserves the right to modify the Material and change these Terms of Use at any time, for any reason, without prior notice. Revised Terms of Use will be posted on this website and will be effective as of “Last Updated” date set forth above.
13. QUESTIONS OR ADDITIONAL INFORMATION: If you have questions regarding these Terms of Use or you wish to contact Provider for any other reason, please address your inquiry to:
The Red Guide to Recovery
P.O. Box 927498
San Diego, CA 92192-7498