The Website is offered and available to users who are eighteen years of age or older and reside in the United States. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company in the state you reside, regardless of your age, and you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website and any service or content we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the Website or portions of it using your user name, password or other security information. If you provide someone else with your password, they will be able to view any personal information you included in your registration, make changes to your account, and post User Contributions under your user name. You agree to notify us at jaustin[email protected] immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Charges for Services
We may charge for access to portions of the Website or the entire Website, and we reserve the right at any time to change the amount we charge for such access or subscription that includes authorization to access content on the Website. Your access to some of the content on the Website may be limited depending on whether you purchased a subscription. You shall pay all applicable taxes relating to your subscription.
Termination of Subscription Services
our subscription will renew automatically unless it is cancelled according to the terms of this section. For annual subscriptions, we will notify you at the address you used during registration, or an updated address if you have provided one, of the pending renewal of your annual subscription at least thirty (30) days prior to the automatic renewal occurring, unless otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid automatically charging your credit or debit card the subscription fee for the renewal term.
The content on the Website may include articles or other information on a range of topics, including medical, health, legal, tax, or financial issues. Some of the content on the Website is not moderated, screened or edited, and may be offensive, harmful, or wrong. You should not rely on the Website for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone bear the sole responsibility for evaluating the merits and/or risks associated with use of the content obtained on or through the Website before making any decisions based on such content. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user, or anyone informed by the content on the Website. All content provided by users expresses solely the opinions of the author.
THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH, OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL.
Intellectual Property Rights
he Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, graphics, artwork, metadata and other data, advertising, and the design, organization, look and feel, selection and arrangement thereof, as well as all copyrights, trademarks, service marks, trade names, trade dress, or patent rights), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, sale, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features. You must not:
modify copies of any materials from this site;
use or distribute any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, the terms “The Record Delta,” The Record Delta , the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates, subsidiaries, parent company or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
to transmit, or procure the sending of, any advertising, promotional, or bulk material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitations.
to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, screen names or user names associated with any of the foregoing).
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
to create derivative works based on the content found on the Website.
to repeatedly post the same User Contribution multiple times a week.
for any commercial product or service, without our express written consent
to create apps, blogs, or other products or services that use the content on the Website or may serve as a substitute for a subscription without our permission.
to stalk other users through the Website.
Additionally, you agree not to:
use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
use any manual process to monitor or copy any of the material on the Website, including without limitation the framing, scraping of or in-line linking to the Website or any of its contents, or for any other unauthorized purpose without our prior written consent.
use any device, software or routine that interferes with the proper working of the Website.
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
access and/or use anyone else’s registration information or user name.
authorize or permit anyone else to access and/or use your registration information or user name.
falsely state, represent, or imply any affiliation, association or connection between any person or entity, including without limitation, you, your company, your website, application or blog with the Company, the Website, or any of our affiliates, subsidiaries, vendors, or parent company.
otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, comment boards, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on public or subscription-only areas of the Website, or to be transmitted to other users of the Website or third parties.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates, subsidiaries, parent company and service providers, and each of their and our respective licensees, successors and assigns the perpetual, non-exclusive, transferable, fully paid-up, royalty-free, irrevocable right and license to use, copy, reproduce, modify, perform, display, distribute, translate, adapt, reproduce, create derivative works, excerpt, publish, host, sell, transfer, modify and otherwise disclose or transmit to third parties any such material, in any and all media or technology, now known or later developed, in whole or in part, with or without attribution, for any purpose. You are responsible for making a copy or back-up of any and all User Contributions you post or submit to be posted to the Website that you wish to retain. We have no obligation to retain, store or provide you with any User Contribution you may have posted.
By providing any User Contribution on the Website, you represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, subsidiaries, parent company and service providers, and each of their and our respective licensees, successors and assigns.
You are not violating any law or the rights of any person, including by plagiarizing.
You consent to the public display and publication of your User Contributions.
You waive all rights to refuse to have the content altered or changed in a manner not agreeable to you.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. We do not endorse any opinion, comment, or recommendation made by any user. User Contributions may be misleading, deceptive or in error.
Monitoring and Enforcement; Termination
We have the right to:
monitor, remove or refuse to post any User Contribution for any or no reason in our sole discretion. We take no responsibility to post, take down, remove or edit any of your User Contributions.
modify or alter your User Contributions without your permission.
authorize the use of your User Contributions, in whole or in part, by other users or third parties, including the right to feature your User Contributions on the Website.
disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, subsidiaries, parent company, AND THEIR RESPECTIVE LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Further, please remember that the User Contributions made on the Website may be opinionated, offensive and/or inappropriate. Please refrain from using the Website to lodge complaints against other users to facilitate a personal dispute. If you have reason to believe that another user is acting in a manner that is harmful to you (e.g., to impersonate or imitate you, to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities or appropriate state or federal agencies. If you believe you have been the victim of an online crime, you may contact the Internet Crime Complaint Center (IC3) at https://www.ic3.gov/.
Third Party Services
Your use of any third party website, content, data, information, application, good, service or material does not create any obligation, responsibility or liability on our part or for our affiliates, parent company or subsidiaries. We do not endorse, verify, or have any responsibility for the services provided by a third party or the business practices of a third party. The terms and conditions and privacy policies of the third party will apply when you use their services.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
contain any material which is defamatory, obscene, crude, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, libelous or otherwise objectionable;
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender or age;
include hate speech or bullying of any kind;
share information that you are bound not to disclose by agreement, contract, fiduciary duty, employment relationship or otherwise, such as insider information, confidential information or trade secrets;
infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;
be likely to deceive any person;
provide professional advice;
promote any illegal activity, or advocate, promote or assist any unlawful act;
impersonate any person or entity, or misrepresent your identity or affiliation with any person, entity or organization;
involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to us.
The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Our designated agent to receive copyright infringement notifications is listed below on the Notice of Infringement form. Please mail a separate Notice of Infringement each time you would like to report an alleged act of infringement.
We reserve the right to terminate, suspend or restrict the account of any user found to have violated copyright laws in the use of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Additional Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
link from your own or certain third-party websites to certain content on the Website.
share or send e-mails or other communications with certain content, or links to certain content, on the Website.
cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
establish a link from any website that is not owned by you.
cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Illinois in the United States. We provide the Website for use only by persons or entities located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or entities or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The website is operated by The Record Delta ,
2B Clarksburg Rd
Buckhannon, WV 26201
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]