These Membership Terms and Conditions apply where You choose to register as a Member of this Website (the “Site“). This Site and the related TONYVFORD Inc sites are offered to You (“Your“/”You“) by TONYVFORD, Inc. and its subsidiary companies (the “Company”). TONYVFORD, Inc is a registered corporation in the State of Illinois, USA.
Please read these Membership Terms and Conditions carefully before registering on the Site as a Member. If You do not agree to these Membership Terms and Conditions, then You SHOULD NOT register as a Member.
- Acceptance of Membership Terms and Conditions
1.1 By checking on the box “I agree to Membership Terms and Conditions” to register You will be deemed to have consented to these Membership Terms and Conditions.
1.2 The Company reserves the right to change or update these Membership Terms and Conditions from time to time (subject to Your cancellation right pursuant to paragraph 8). Any revisions to these Membership Terms and Conditions will be notified to You by email or the next time that You log on to the Site as a Member.
- Description of Membership and Subscription
2.1 As a Member, You can take advantage of many products or services on the Site available to members. However some products or services on the Site outside or Your membership may require additional payment. For a full description of the services offered on this Site to Members, please follow and consult the Benefits of Membership page.
2.2 Member subscription payments can be made in Dollars.
2.3 Please note that any Member subscription paid by You is subject to a minimum contractual period of one month.
- Age of Consent
3.1 You must be 18 years or over to register as a Member. If the Company discovers or has any reason to suspect that You are not over 18 years of age, then the Company reserves the right to suspend or terminate Your Membership to this Site immediately and without notice.
- Password Member Name and Security
4.1 Upon registration as a Member, You will select a Password and Member Name that You can use to access Your Member Account and Profile and to log on to the Members’ area of the Site.
4.2 Registration also requires a valid Email Address.
4.3 You are responsible for maintaining the confidentiality of Your Password and Member Name and are responsible for all activities that occur under them. The Company does not have the means to check the identity of the people using the Members’ area of the Site and will not be liable where Your Password or Member Name are used by someone else.
4.4 You agree to notify the Company immediately of any unauthorized use of Your Password or Member Name or any other breach of security of which You become aware.
- Your warranties
5.1 You warrant that:
5.1.1 You are over 18 years of age;
5.1.2 all information and details provided by You to the Company (including on registration as a Member) are true, accurate and up to date in all respects and at all times (see Our Privacy Policy for details on how to update Your personal data); and
5.1.3 You will comply with these Membership Terms and Conditions including, without limitation, the restrictions relating to acceptable use set out at section 6 below.
5.2 You agree to indemnify and hold the Company harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from Your use and Membership arising from any breach or suspected breach of these Membership Terms and Conditions by You or Your violation of any law or the rights of any third party.
- Acceptable Use of This Site
6.1 The Company advises that You seek professional advice before relying on any information on this Site. Under no circumstances will the Company be liable in any way for any information it provides on the Site or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
6.2 The Company supports the free flow of information and ideas over the Internet and do not actively monitor use of the Site, including the Members’ area under normal circumstances. The Company seeks to balance this aim with Our obligations to other Members and at law however. The Company does therefore review all profiles entered onto the Site by Members, check instant messages where certain keywords are triggered and log chat room exchanges in order to ensure compliance with these terms, and to comply with or investigate any enforcement agency or police request or complaints. The Company also therefore requires that You do not:
6.2.1 use this Site for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Site;
6.2.2 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
6.2.3 advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ mail;
6.2.4 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
6.2.5 make insulting remarks to or about other Members (“flaming”);
6.2.6 jump in and out of Site forum rooms (“frogging”);
6.2.7 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that cause or may cause harm to minors;
6.2.8 impersonate another person or Member;
6.2.9 transfer files that contain viruses, trojans or other harmful programs;
6.2.10 use the Site to conduct any fraudulent activity including any “pyramid scheme”; “ponzi scheme” or “chain letter”;
6.2.11 access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Site security measures;
6.2.12 have more than one Member Account at any time.
6.3 The Company may take any or all of the following action at Our discretion:
6.3.1 remove any Member profile (including photographs) or other material that, in Our sole discretion may be inappropriate or the Company suspect to be illegal, subject the Company to liability or which may violate these Membership Terms and Conditions or where required to do so by law;
6.3.2 issue Members with verbal or written warnings and may take such further action as the Company deem appropriate under this paragraph 6.2 if such warnings are not heeded;
6.3.3 suspend or terminate a Member’s access to the Members’ area of the Site or a Member’s Account without notice at any time;
6.3.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
6.3.5 bring legal action against a Member or other user of the Site in relation to any breach of these Membership Terms and Conditions or any illegal or suspected illegal activity. The Company will determine what action is appropriate to be taken against a Member on a case by case basis.
6.4 You acknowledge that the Company may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.
- Charges and Payments
7.1 Charges are linked to the membership package to which You subscribe. In the event of conflict with the terms of Your membership, these Terms and Conditions shall control. The terms of the membership to which You subscribe are incorporated herein by reference as if fully set forth herein.
7.2 You will be charged in advance of Your payment period until Your membership is terminated (for termination details see paragraph 8 below). Details of charges are shown within the sign-up process. Charges are expressed in US Dollars. Any reduction in the applicable membership price (for example, where You downgrade to a lower-priced package) will take effect in Your next membership payment period following notification. Any increase in the applicable membership price (for example, where You upgrade Your package) will take effect from the date of notification (so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period). Your membership period begins on the date on which You register for the Services and finishes on the day before that calendar date the following period.
7.3 Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any MasterCard, Visa, or American Express credit card; PayPal; or any other payment methods the company accepts. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, You will be asked to provide credit/debit card details. In the event that the Company is unable at any time to obtain payment of any charges the Companying such credit card details, the Company may freeze Your account until it has received settlement in full.
7.4 Your membership package may start with a free trial. The length and terms of our free trials are set out in Your membership subscription plan. The Company reserves the right, in its absolute discretion, to determine Your eligibility for a free trial, and to withdraw or to modify a free trial at any time without prior notice and with no liability. The Company requires You to provide Your payment details to start a free trial. At the end of Your free trial, the Company will automatically start to charge You for the membership package associated with Your free trial on the first day following the end of the free trial period, and continuing on a recurring monthly basis. By providing Your payment details in conjunction with the free trial registration, You agree to this charge. If You do not want this charge, You must cancel Your membership before the end of Your free-trial. See paragraph 8 for additional details of cancellation. You will not receive a notice from the Company that Your free trial period has ended or that the paying portion of Your membership has begun.
- Cancellation of Membership
8.1 Without prejudice to any remedy that the Company may have against You, the Company may cancel or suspend with immediate effect and without notice, Your access to and use of this Site and Your membership if:
8.1.1 It does not receive timely payment under Your subscription;
8.1.2 It reasonably believes that You have breached any of these Terms and Conditions;
8.1.3 It is unable to verify the accuracy or validity of any information provided by You;
8.1.4 Or it suspects fraudulent, abusive or illegal activity by You.
8.2 Subject to paragraph 8.3 below, You can cancel Your Membership at any time by canceling your reoccurring payments if made through your Paypal account or notifying the Company at support@tonyvford.com for assistance with canceling Your Membership.
8.3 Please note that any Member subscription paid by You is subject to the minimum contractual period of one month. This means that, where You choose to cancel Your Member subscription before the expiry of this period, You will not receive any refund in respect of this minimum contractual period.
8.4 No refunds will be paid by the Company where Your Membership is terminated by the Company as a consequence of Your breach of these Membership Terms and Conditions.
- Copyright and Other Intellectual Property Rights
9.1 Your use of the Site grants no rights to You in relation to copyright, trademarks or other of Our intellectual property rights or the intellectual property rights of third parties.
9.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site except for Your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
9.3 The Company does not claim ownership of any Content that You post on the Site or through the Services. Instead, You hereby grant to Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to the Company to the Content that You post on the Site or through the Services, subject to the Company’s Privacy Policy which can be found at https://www.tonyvford/privacy-policy.
- Limitation of Liability
10.1 The Company will use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to Our attention, the Company does not warrant that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions.
10.2 Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.
10.3 Save that nothing in this paragraph 10 shall restrict Your statutory rights (including Your right to receive a reasonable standard of service), all content and services on this Site are provided on an ‘as is’ and ‘as available’ basis. The Company does not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other Members. The Company cannot vet all Member profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by You on the basis of information provided on or via the Site is at Your sole discretion and risk.
10.4 Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or otherwise dependent on third parties, the Company does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.
10.5 The Company will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any the use by You or other Members of the Site that is in contravention of these Membership Terms and Conditions or is not directly attributable to Our negligence. Where the Company are liable for direct loss this will be limited to a maximum of the total price of the Member Subscription paid to The Company by You in the 6 months prior to the claim.
- Security and Privacy
11.1 Your security and those of all Our Members is very important to the Company. Please read Our Privacy Policy for important information regarding the use of Your personal data and Your rights in relation to this.
- General
12.1 The Company shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting the Company or Our suppliers.
12.2 If any of these Membership Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
12.3 These Membership Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Illinois. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the State of Illinois.
12.4 If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
- Complaints and Feedback
13.1 If You have any complaints about another Member or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact the Company by emailing: support@tonyvford or writing to the Company at the address set out at the top of these terms.
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