MomConnection Privacy Policy

Privacy Policy The Parenting Group, Inc.

This website ("Company Website") is operated by The Parenting Group, Inc., a division of Bonnier Corporation ("Company") and this policy applies to all websites owned, operated, controlled and otherwise made available by the Company, its affiliates and supported organizations (including, but not limited to, mirrored, co-branded, sub domains, micro sites, and successor sites). This policy does not cover information collected on sites linked to or from the Company's Websites.

We reserve the right to change or modify our privacy practices that are described herein from time to time simply by posting a revised Privacy Policy on this Company Website. Any such change shall be effective immediately upon posting of the revised Privacy Policy on this Company Website. We reserve the right to make the revised or changed Privacy Policy effective for information we already have about you, as well as any information we receive in the future. We encourage you check back often to determine any changes to this Privacy Policy so that you understand our current privacy practices. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Privacy Policy.

PLEASE NOTE THAT THIS PRIVACY POLICY APPLIES ONLY TO THE COMPANY'S WEBSITES AND USE OF INFORMATION AND DOES NOT APPLY TO ANY INFORMATION THAT YOU MAY PROVIDE TO US BY OTHER MEANS, SUCH AS VIA MAIL OR TELEPHONE.

The Company's address is:
 
Time Customer Service
Attention: Consumer Affairs
3000 University Center Drive
Tampa, Florida 33612-6408

PARENTS AND CHILDREN UNDER THE AGE OF 13:

THIS SITE IS NOT MEANT FOR CHILDREN UNDER THE AGE OF 13. CHILDREN SHOULD GET THEIR PARENTS PERMISSION BEFORE VISITING THE SITE AND SHOULD NOT PROVIDE THE PARENTING GROUP, INC. / BONNIER CORPORATION ANY PERSONALLY IDENTIFIABLE INFORMATION. SINCE THE PARENTING GROUP, INC. / BONNIER CORPORATION DOES NOT DETERMINE THE AGE OF A WEB SITE VISITOR WITHOUT PROVIDING PERSONALLY IDENTIFIABLE INFORMATION, IT IS THE RESPONSIBILITY OF THE CHILD AND PARENTS TO MAKE SURE THE CHILD IS NOT VIEWING THE WEB SITE WITHOUT PERMISSION OF THE PARENT. ANY PERSONALLY IDENTIFIABLE INFORMATION ENTERED SHOULD ALWAYS BE DONE BY PERSONS OVER THE AGE OF 18.

SHOULD YOU BE MADE AWARE OF ANY INFORMATION BEING SENT BY THE PARENTING GROUP, INC. / BONNIER CORPORATION TO A MINOR, PLEASE CONTACT THE COMPANY TO HAVE THIS INFORMATION REMOVED.

Introduction

It is the goal of our Websites to provide information around individual interests, at the same time protecting your privacy. The following privacy policy describes the information we collect, how we use it and what rights you have to it. By using this Company Website, you acknowledge and agree to the terms and conditions of this Website Privacy Policy Statement ("Privacy Policy"). If you do not agree to these terms and conditions, please do not use this Company Website.

Information We Collect

The Company collects personal information from you at on the Company's Websites when you voluntarily submit it to us. The Company requests personal information from you (which may include your name, address, telephone number, email address, gender, year of birth, home address, work address, landline phone number, cell phone number, credit card number, and other personal preferences such as preferred brands, wish list, other products and services purchased, income and education level, interests, and instant messenger information). Following are identifiers that permit the physical or online contacting of a specific individual when you:

  • Subscribe to receive email newsletters or other correspondence;
  • Subscribe to receive print or digital versions of one of the Company's magazines;
  • Complete a request, registration, survey, application or other form;
  • Request information on a product or service from us or from one of our vendors, suppliers or other agents;
  • Submit any content or materials to this Website;
  • Participate in a contest, sweepstakes, or any form of promotional activity sponsored by the Company, affiliate or third party.
  • Request materials from the Company or one of it's affiliates; and/or
  • Request e-mail, fax, mail or telephone support or services.

You will be asked for your credit card information if you subscribe to one or more of the Company's magazines or buy any other product from this Site. Your credit card information, along with the personal identifying information you submit, is transferred to and used by third party fulfillment and financial institutions to verify the credit card numbers, to authorize the processing of the transaction, and fulfill the subscription or product orders. Be sure to review all privacy policies published by our third party service providers and contact them directly if you have questions as they may have privacy terms that differ from The Company's Privacy Policy.

The Company's Websites sometimes may offer contests, sweepstakes, or promotions that are sponsored by or co-sponsored by one or more third parties. By virtue of a third party sponsorship, these organizations may obtain personally identifiable information that you voluntarily submit. The Company has no control over the third-party sponsors' use of this information. Be sure to review all privacy policies published by these third parties and contact them directly if you have questions as they may have privacy terms that differ from The Company's Privacy Policy.

The Company also collects non-personally-identifiable information from your Web browser to determine aggregated trends and usage statistics (including, but not limited to, number of visitors, time spent on the Website, browser type and version, pages requested, and pages visited), for purposes of site administration and to compile aggregate information about usage of the Website. The non-personally-identifiable information that is collected will not permit individual identification, meaning you will remain anonymous. Personally identifiable information is obtained if you elect to provide us with this information during your visit to a Company Website or during an earlier visit or subsequent visit and we are able to link your IP address between your current visit and one of these other visits.

The Company will also work with service providers that provide tracking and data collection technologies in order to:

  • Serve ads across the Company's Websites,
  • Deliver and track email communications;
  • Process purchase orders through e-commerce transactions;
  • Fulfill print and digital subscription orders; and
  • Provide marketing leads to third party organizations.

These companies may collect personal information about your visits to the Company's Websites and your interaction with the Website, including advertising.

You may choose not to provide us with any personal information. In such event, you can still access and use many portions of the Company's Websites; however, you will not be able to access and use those portions of this Company Website or the services available on or through this Company Website that require your personal information.

Using Information

We may use the information we collect to:

  • Enhance the online customer experience, provide more relevant content and information, customize and/or personalize communications, improve page load time, deliver more relevant advertising and promotional offers, develop new products and Websites, and improve the overall site navigation and usability;
  • Send you Company related promotional, marketing, sales, and public relations efforts;
  • Provide marketing leads to third party organizations.
  • Respond to customer service inquiries;
  • Communicate about your subscription and account information or other customer service needs;
  • Communicate with you about our Company services, events, products, and other promotional purposes;
  • Improve our service;
  • Track your visits to the site and usage of the site;
  • Administer contests, promotions, surveys or other website features;
  • Provide technical support to you; and
  • Perform any other lawful acts except for those acts expressly prohibited by the terms and conditions set forth herein.

Sharing Information

Unless you opt out, we may use your registration information to send you promotional materials from the Company or a third party via email or postal mail. If you provide the Company with your email and/or postal address, we may include that address in email and/or postal address lists that the Company either sells, trades, or rents to third parties. If you prefer not to receive traditional mail or other off-line promotions from this property or any companies not owned by the Company, please click here.

If a Company site discloses personally identifiable information to companies not owned by the Company who want to market products or services to you, it will provide you with an opportunity to opt out or block such uses. If you prefer not to receive online marketing information from companies not owned by the Company, please click here.

The Company may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. If you prefer not to receive online marketing information, please click here.

If your request is sent my traditional mail, please include in your request the list you would like to be removed from the date of your request, your postal mailing address, and contact information in case we need to personally contact you in an effort to handle your request. For example, you may want to be removed from receiving information from third party organizations, but still want to receive information from the Company and its various brands. You also may not want to receive any information at all. If the Company receives such a letter from you, we will remove your postal address from future postal address lists that we rent to third parties.

We may use and/or transfer your personally identifiable information to other Company affiliates for internal management and administrative purposes. Your personal data will be transferred to other Company affiliates where necessary for the performance or conclusion of our contractual obligations to you or for your benefit. Transfers of personally identifiable information may also be made where necessary for the establishment, exercise, or defense of legal claims.

The Company will disclose your personal information to third parties in specific circumstances that include, but are not limited to, the sale of Company or any portion thereof; during the due diligence in connection with a potential sale of Company or any portion thereof; during any bankruptcy, insolvency or liquidation of Company; or in other similar circumstances.

As stated earlier, for the purpose of providing you with certain services and products and to process your requests, purchases, and payments, the Company may disclose your personal information to one or more of our affiliates, service providers or other third parties who are assisting Company in performing such services. Without limiting the foregoing, these third parties may provide Company with payment processing, shipping, data management, email distribution, live text chat, email response, market research, information analysis, and promotions management services. We provide such parties with the personal information they need to perform their respective services and we use commercially reasonable measures in an effort to require them to safeguard your personal information and limit their use of it.

The Company also may disclose personal information about you upon request by the government; in response to a court order; when required by law or when we believe in good faith that disclosure is required by law; to enforce our Privacy Policy, terms and conditions or other agreements and polices on the Company's Websites; upon your request; or to contact, identify or bring legal action against someone who may be causing injury to or interference with our or others' rights or property including, but not limited to, claims for infringement of intellectual property, trespass upon any of the Company's Web sites, invasions of privacy or situations involving threats or alleged threats to the physical safety of a person's property. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing purposes.

The Company may also use, transfer, sell, and share aggregated, anonymous data about our users as a group for any legal purposes whatsoever, such as analyzing usage trends and seeking compatible advertisers and partners.

Protecting Your Information

We use commercially reasonable measures in an effort to safeguard and secure your personal information while stored on our computer systems. We use a variety of security measures, including encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information that is stored by the Company is done so behind firewalls and is only accessible by a limited number of persons who are authorized to access such systems, and are required to keep the information confidential. Regardless of these efforts by us, no system connected to the Internet can be guaranteed to be 100% secure.

We use commercially reasonable measures in an effort to safeguard and secure the transmission of your personal information from your computer to the Company's computers. When you access your personal information or place orders, we offer the use of a secure server. To the extent you select the secure server method or your browser supports such functionality, all credit account information you supply is transmitted via Secure Socket Layer (SSL) technology. Regardless of these efforts by us, no data transmission over the public Internet can be guaranteed to be 100% secure.

Cookies and Pixel Tags

The Company's Websites use cookies. A cookie is a small, removable data file that is stored by your Web browser on your computer. Cookies allow you to place an order on this Company Website and allow us to enhance, facilitate and personalize your online surfing and user experience. For example, we use cookies to:

  • Recognize you when you return to this Company Website;
  • Present relevant content to you when you visit this Company Website;
  • Analyze visitor behavior; and
  • Facilitate other similar types of activities.

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your Web browser settings. If you turn cookies off, you won't have access to many features that make your visits to the Company's Websites more efficient and enjoyable, and in some cases, some of our services will not function or will function with limited capability.

The Company also uses pixel tags - tiny graphic images - to help us analyze your online behavior and information about visitors to this Company Website and our customers. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.

Tell a Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. The Company collects the email address of your friend for the sole purpose of automatically sending the friend an email inviting them to visit, but does not use this information for any other purpose.

Children's Online Privacy

This Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this site.

If your children disclose information about themselves in publicly accessible areas of the Website, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.

If you want to notify us of our receipt of personal information belonging to a child under the age of 13, please do so at:
 
Time Customer Service
Attention: Consumer Affairs
3000 University Center Drive
Tampa, Florida 33612-6408

Chat Rooms, Blogs, Forums, and Consumer Generated Media

This Company Website may now or in the future include web logs (i.e., blogs), chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. The Company may also syndicate this content using RSS or other technologies that permit the display of such content on other unaffiliated third party Websites. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive, among other things, unsolicited emails or "spam" from others. Company cannot safeguard the privacy of personal information that is disclosed online in this manner. If you elect to submit content that includes personally or non-personally identifiable information, you must assume that the content submitted to a Company Website can and may be displayed on any Website on the Internet.

Other Websites

As stated previously, when browsing the Company's Website, you may be directed to other Websites that are beyond the control of the Company. These other Websites may use cookies and pixel tags, collect data, or solicit personal information. Even though Company may be affiliated with these Websites, we have no control over them or how they collect, distribute or otherwise use your personal information or how they safeguard and secure your personal information. Company is not responsible or liable for the conduct, policies or actions of the owners of such Websites or the content displayed on these websites. You acknowledge that accessing any Website that is linked to the Company's Websites is done at your own risk.

Privacy Options

If you prefer not to receive traditional mail or other off-line promotions from this or any other Company property or any companies not owned by the Company, please click here.

If a Company site discloses personally identifiable information to companies not owned by the Company who want to market products or services to you, it will provide you with an opportunity to opt out or block such uses. If you prefer not to receive online marketing information from companies not owned by the Company, please click here.

The Company may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. If you prefer not to receive online marketing information from the Company, please click here.

The Company's sites will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.

How to Contact Us

If you have any questions or concerns about the Company's Privacy Policy or its implementation please contact us via email by clicking here or at the following address:
 
Time Customer Service
Attention: Consumer Affairs
3000 University Center Drive
Tampa, Florida 33612-6408

If your request is sent by traditional mail, please include in your request the list you would like to be removed from the date of your request, your postal mailing address, and contact information in case we need to personally contact you in an effort to handle your request. For example, you may want to be removed from receiving information from third party organizations, but still want to receive information from the Company and its various brands. You also may not want to receive any information at all. If the Company receives such a letter from you, we will remove your information as requested from future mailings.

In some limited circumstances, such as to resolve disputes, troubleshoot problems and enforce our policies, the Company may retain in our files the information you have requested to remove. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests.

We reserve the right to send you certain communications related to this Company Website that are considered part of your account, such as technical alerts, without offering you the opportunity to opt out of receiving them.

Questions and Feedback

We welcome your questions, comments, and concerns about this Privacy Policy and our privacy practices. Please send us feedback pertaining to these matters or any other issue you may have with Company or this Company Website to:
 
Time Customer Service
Attention: Consumer Affairs
3000 University Center Drive
Tampa, Florida 33612-6408

Last Updated: March 2, 2007

Revised Time Inc. Terms of Service

Subscriber and Member Agreement

This Agreement sets forth the terms and conditions which apply to the use by you of the The Parenting Group, Inc. / Bonnier Corporation Sites (as defined below) and any other subscription product or service offered for sale by The Parenting Group, Inc. / Bonnier Corporation and/or its affiliates (collectively, "the Company"). The right to use any product or service offered by the Company is personal to you and is not transferable to any other person or entity.

1. Definitions.

The "Company Sites" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by the Company on the World Wide Web. The Company Sites consist of information services and content provided by the Company, affiliates of the Company and third parties. The term "Community Areas" means the bulletin boards, chat rooms and other user participatory areas on the Company Sites.

2. General.

The Company shall have the right at any time to change or discontinue any aspect or feature of the Company sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

3. Use of the Company Sites and the Community Areas.

A. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in the Company's judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with the Company's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by the Company.

B. The Company Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Company Sites are copyrighted as a collective work under the United States copyright laws. The Company is the owner of the copyright in all the Company Sites. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Company Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Company Sites without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Company Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Company Sites owned by the Associated Press ("AP") shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. This website includes material which is copyright 2002 Reuters. All rights reserved. Reuters content is the intellectual property of Reuters or its licensors. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors in content or for any actions taken in reliance thereon. Reuters and the Reuters sphere logo are trademarks and registered trademarks of the Reuters Group of Companies around the world. For additional information on Reuters photographic services, please visit the web site at http://www.pictures.reuters.com.

C. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

D. You hereby grant to the Company, and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to the Company (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

E. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.

F. You shall provide the Company with accurate, complete and updated information provided by you at the time of registration.

G. The Company Sites contain links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.

H. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Company Sites and Community Areas and all charges related thereto.

I. The foregoing provisions of this Section 3 are for the benefit of the Company, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

J. The Company has carefully designed the Company Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Company Sites in any way that interferes with that purpose. In particular, the Company prohibits any party from displaying the content on the Company. Sites in any format where third party advertising or other materials that the Company did not authorize is viewed or viewable together with the Company's proprietary content.

4. Monitoring.

The Company shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by the Company. from time to time. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, the Company shall have the right, but not the obligation, to remove any material that the Company., in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of the Company, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Company nor any of its affiliates shall assume or have any liability for any action or inaction by the Company with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.

5. Disclaimer of Warranty; Limitation of Liability

A. YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE COMPANY SITES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE COMPANY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.

B. THE COMPANY SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

D. IN NO EVENT WILL THE COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE COMPANY SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMPANY SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE COMPANY SITES AND/OR THE COMMUNITY AREAS. THE COMPANY'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY.

E. THE COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE COMPANY SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED THE COMPANY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE COMPANY SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE COMPANY SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

F. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE COMPANY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE COMPANY MAKES PRODUCTS OR SERVICES AVAILABLE ON THE COMPANY SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

G. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE COMPANY SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. THE COMPANY IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.

6. Indemnification.

You agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Company Sites and/or the Community Areas.

7. Termination.

The Company shall have the right to immediately terminate this Agreement with respect to any user which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this Agreement.

8. Trademarks.

All trademarks appearing on the Company Sites are the property of their respective owners, including, in some instances, the Company.

9. Subscription Services; Products.

(a) Subscription Services. the Company makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by the Company on the Company Sites (the "Subscription"):

A. Subscription Terms. The Subscription will continue until the Company receives notification of termination from you as described in subsection C below. You authorize the Company to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by going to the Subscription Summary accessible from the Smart Statement and following the directions listed. If you subscribed for a term of one (1) year or more, you will be notified by the Company before the account designated by you is charged after the first term. Current fees may be obtained by going to the Smart Statement. You are responsible for any charges associated to connecting to the Company Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide the Company with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.

B. Changed Terms. The Company shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Company Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.

C. Termination. Either you or the Company may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of the Company in operating the Company Sites and/or the Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to Time Customer Service, Attention: Consumer Affairs, 3000 University Center Drive Tampa, Florida 33612-6408. Notice of termination will be effective upon receipt by the Company. Without limiting the foregoing, the Company. shall have the right to immediately terminate this Agreement with respect to any user which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by the Company for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection C of this Agreement in which you identify the termination as resulting from changed terms, the Company shall make a pro rata refund to you.

(b) Products and Other Services. With respect to products and services offered for sale by the Company and third parties or through the Company Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.

10. Miscellaneous.

This Agreement and any operating rules for the Company Sites and the Community Areas established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

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