Terms of Use

Last Updated: 26th Day of August, 2016

In human speak

We (the folks at TCH Enterprises), run multiple websites and would love for you to access them! Access to majority of the content and services on the websites we run are free, but we also offer paid access to enhanced services provided through the sites we run. For those individuals and business’s who utilize the information and services on these sites, you and you alone are responsible for how you utilize it. Below you will find a detailed and overly wordy version of the conditions in which you agree to, known as Terms of Use, by access any of our sites.

Terms of Use

The following terms and condition govern all use of websites operated by TCH Enterprises, including but not limited to all content, services, and products. Our sites and services are offered subject to your acceptance without modification of all the terms and conditions presented in this document without modification any information presented herein and all the operating rules, policies (including without limitation the, TCH Enterprises Privacy Policy and procedures that may be published from time to time by TCH Enterprises (collectively, the “Agreement”). Regardless of the location you live in your agreement for use of this site is with TCH Enterprises Inc.

Please read this agreement carefully before access or using any portion of any of the sites bound by this agreement. By accessing or using any part of our sites or services provided through the sites, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use any portion of any associated website or service.

Translation

This agreement was originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Terms and Phrases

The terms “you,” “your,” and “yours” refer to you, the visitor to the site. The terms “TCH Enterprises,” “The Chipka House,” “me,” “we,” “us,” and “our” refers to TCH Enterprises Inc and Avery Z Chipka.

License to Use The Site

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use this site for your personal use and not for resale or further distribution. Except for your pre-existing rights and this license granted to you, we retain all right, title, and interest in and to the site, including all related intellectual property rights. The site is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in this agreementor as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the site; (b) rent, lease, or sublicense access to the site; nor (c) circumvent or disable any security or technological features or measures of the site.

Restrictions

Sites managed by TCH Enterprises are not designed for or authorized to be used by minors or any individual under the age of 21. If you are under the age of 21 years old, please do not register for, access, or utilize any content on this site. Any person who access, registers for use, or utilizes any service or information located on sites managed by TCH Enterprises represents that they are 21 years of ago or older.

Access to our sites are intended for personal use only, individuals or organizations utilizing our site for any purpose beyond personal use including commercial research, investigation, law enforcement, or similar are required to submit a request for use request via email to [email protected] prior to utilizing any site or service managed by TCH Enterprises. Requests for use must include at minimum the organization you are associated with, your name and contact information, the content you intend to access, the purpose of your access, and how you intend on utilizing the content or services you access. Permission to use or access is withheld until such time permission is provided in writing from an executive member of the TCH Enterprises staff.

When access the content of our sites you must comply with all applicable laws of your community, city, county, state, and country.

Adult Content

Some sections of our sites are designed for ADULTS only and may include pictures and materials that some viewers may find offensive. If you are under the age of 21, if such material offends you or if it is illegal to view such material in your community you are advised to not access this site. In accordance with federal law all content on any and all of our sites that could be considered to be adult content utilizes individuals who are 18 years of age or older. Copies of all required documentation including proof of age and consent for publication can be obtained by submitting a request via email to [email protected]. All requests must contain the agency you represent, your direct contact information, the purpose & reason of your request, proof of your affiliation with the stated agency, documentation supporting your right to request the documentation, and a link to the raw content of the content you are requesting documentation for. To obtain the URL for the individual content control click on the item in question and select open in new window. The URL you must provide is the one for the individual item. TCH Enterprises will not process requests for content not hosted on our servers. All requests must be specific, and not include vague phrasing such as all content, or all content at this URL. Individual requests must be made for each individual item being requested.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and TCH Enterprises reserve the right to terminate accounts or access of those in the event of a breach of this condition.

Privacy Policy

We collect registration and other information about you through our site. Our collection and use of this information is governed by our Privacy Statement available at http://averyzchipka.com/legal/privacy-policy/.

Links & Third Party Content

This site may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Accuracy of Content

TCH Enterprises, or its board members, directors, officers, or employees, or authors of content found on this site will not be liable for any errors or omissions in the information posted or the availability of this information. Information found on our site should not be assumed to be factual in nature, unless you have personally verified the information through other sources.

Submissions

This site allows you and other third parties to post reviews or comments. All reviews and comments posted to the site must be topical. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the site are those of the respective authors or producers and not of TCH Enterprises, or its board members, directors, officers, or employees. We may review and delete any content, in whole or in part, that in the sole judgment of TCH Enterprises that violates this agreement or which might be offensive, illegal, or that might violate the rights of or harm any third parties. We do not control the content posted by third parties via the site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using this site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will TCH Enterprises, its board members, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through this site. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that TCH Enterprises is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings to the Blog without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving this site or other sites we manage and our products and services. Furthermore, by posting any Submission on the site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by TCH Enterprises will not infringe on or violate the rights of any third party.

General Use Policies

We ask that you respect our online community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using the site, you agree not to:

  • Post or transmit any material that is unrelated to site subject matter;
  • Use TCH Enterprises facilities, services or resources (including this site) in a manner which violates any applicable laws or regulations;
  • Post or transmit any material (i) that you don’t have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements.
  • Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member’s password or other account information; or harvest user names, email addresses or other personal information for any purpose;
  • Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • Post Submissions that contain nudity, violence, or offensive subject matter;
  • Post photographs of another person without such person’s written consent;
  • Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”;
  • Sell or otherwise transfer your profile or account on the site; or
  • Use TCH Enterprises’ facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the site, such as scripts to or harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.

TCH Enterprises reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or Submissions, and terminating your access to the site.

Feedback

We may provide you with a mechanism to provide feedback, suggestions and ideas, if you chose, about the site (“Feedback”). You agree that TCH Enterprises may, in its sole discretion, use the Feedback you provide to TCH Enterprises in any way, including in future modifications to the site. You hereby grant TCH Enterprises a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner any for any purpose.

Domain Names

We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register a domain name through our site, or when you renew or transfer an existing domain name on our site, you become bound by the relevant registrar’s terms and conditions, in addition to these Terms. Which registrar terms apply depends on the TLD you choose, and in some cases, the date you register your domain. These registrar terms are incorporated by reference into these Terms.

Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). A summary of your rights and responsibilities as a domain name registrant is available from ICAAN (Internet Corporation for Assigned Names and Numbers). You can learn more about domain name registration generally here.

Advertisement

TCH Enterprises reserves the right to display advertisements on this site unless you have purchased a VIP Service account. Advertisements may be in the form of native advertisements or may be in the form of sponsored content. Sponsored content may appear in may forms including posts where the writer received a form a compensation for producing the work. TCH Enterprises is under no obligation to provide any notice to users that our content includes works that we have been paid to produce.

Intellectual Property

This Agreement does not transfer from TCH Enterprises to you any TCH Enterprises or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TCH Enterprises. TCH Enterprises, logo, and all other trademarks, service marks, graphics and logos used in connection with this is site or our Services, are trademarks or registered trademarks of TCH Enterprises or TCH Enterprises licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any TCH Enterprises or third-party trademarks.

Creative Commons License

Sections of the site located in the “blog” section of the site are licensed through Creative Commons Attribution – NonCommercial – NoDirivatives. Additional information on this license and the rights it provides to visitors can be found by clicking here. This license only applies to content found at a URL beginning with http://averyzchipka.com/personal-blog/******, all content including pictures used in posts are not covered under Creative Commons, and remain under the terms and conditions presented in this agreement.

Copyright Infringement

We respect the intellectual property rights of others, and ask you to do the same. It is the policy of TCH Enterprises to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the site in a way that constitutes copyright infringement, please contact TCH Enterprises by emailing [email protected] and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties

Your use of the site and its content is at your sole risk. The site and site content are provided on an “as is” and “as available” basis. TCH Enterprises expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the site and site content, and you rely on the site and blog content at your own risk. Any material obtained through the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the site. No advice or information, whether oral or written, obtained by you from TCH Enterprises or through or from the site will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

Limitation of Liability

TCH Enterprises will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if applied materials has been advised of the possibility of these damages), resulting from your use of the site and site content. Under no circumstances will TCH Enterprises’s total liability of all kinds arising out of or related to your use of the site or site content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the one hundred dollars ($100). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnity

You will indemnify and hold TCH Enterprises, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the site or site Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the site or site Content.

Termination

TCH Enterprises may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Updates to this Site and Use Agreement

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the site without notice, including services provided through the site. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or services provided from it. We may occasionally update the description of and Terms of Use for this Blog, and when we do, we will revise the “last updated” date. You should check this site and these Terms of Use frequently to see recent changes. This version of these Terms of Use shall supersede all earlier versions.

Legal Notices

Enforcement of this agreement will be governed by Vermont law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the site will lie in the State and Federal courts located in the State of Vermont, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of TCH Enterprises to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by TCH Enterprises in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. You agree that your continued use of the site after such changes have been published to the site shall constitute your acceptance of such revised Terms of Use.

This site uses "tracking cookies" on your computer to deliver the best experience possible. To learn how these cookies are used please review our Privacy Policies by clicking here. Your continued use of this site indicates you have read and agree to our Terms of Use and Privacy Policies, collectively known as "the agreement". If you do not agree to this agreement or are not authorized to utilize the site because of the conditions of the agreement. Please close your browser now. This notice will be provided once every seven calendar days.
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