Terms of Service

The following Terms of Service apply to your use of WarrentonFavorites.com

You are solely responsible for your conduct and your content on WarrentonFavorites.com and compliance with these terms.

By registering with us, adding your information to this website, or using or browsing WarrentonFavorites.com, you acknowledge that you have read, understood, and agree to be bound by these terms.

WarrentonFavorites.com is not directed to children younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through WarrentonFavorites.com represents that they are 13 years of age or older.

If you do not accept and abide by this Agreement, you may not use the service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. WarrentonFavorites.com and its companion mobile site, m.warrentonshops.com, are websites that provide directory service and optional hosting service (the “Service”). You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Publisher disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Publisher also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Publisher reserves the right to refuse service to anyone at any time without notice for any reason. To be included in the Warrenton Favorites Business Directory, you must submit a listing request through the WarrentonFavorites.com business listing request form. All business listings are published and maintained through Publisher’s sole discretion. Publisher is under no obligation to list any business whatsoever, or maintain listings for any specified period of time.

2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

Violation of any of the foregoing, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Publisher reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

Much of the content of including the contents of specific postings is provided by and is the responsibility of the person or people who made such postings. Publisher does not monitor the content of and takes no responsibility for such content. Instead, Publisher merely provides access to such content as a service to you.

It is possible that posts by others on WarrentonFavorites.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using WarrentonFavorites.com.

Publisher does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any postings via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

3. Privacy. As a condition of using the Service, you agree to the terms of the Publisher Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Publisher may access or disclose your personal information, including the content of your communications, if Publisher is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general Publisher Privacy Policy. Personal information collected by Publisher may be stored and processed in the United States or any other country in which Publisher Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

4. General Practices Regarding Use and Storage. You agree that Publisher has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Publisher retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service. Publisher takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Publisher have any obligation to monitor such third-party content. Publisher reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Publisher also reserves the right to access, , preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Publisher, its users and the public. Publisher will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

6. Intellectual Property Rights. Publisher’s Intellectual Property Rights. You acknowledge that Publisher owns all right, title and interest in and to the Service, including all intellectual property rights (the “Publisher Rights”). Publisher Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service in any form. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Publisher Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights. Publisher claims no ownership or control over any Content submitted, posted or displayed by you on or through Publisher services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Publisher services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Publisher services which are intended to be available to the members of the public, you grant Publisher a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Publisher services for the purpose of displaying and distributing Publisher services. Publisher furthermore reserves the right to refuse to accept post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

You may choose to submit, post, and display any materials on or through the service by manually marking your materials as such or using service tools to do so. For avoidance of doubt, Publisher is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Publisher may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.

7. No Resale of the Service. Unless expressly authorized in writing by Publisher, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

8. Publicity. Any use of Publisher’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”), including “Publisher” or “Warrenton Favorites Directory” must be in compliance with this Agreement.

9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Publisher to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

10. Termination; Suspension. Publisher may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. Sections 2, 3, 5 – 8, and 10 – 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

11. Indemnification. You agree to hold harmless and indemnify Publisher, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Publisher will provide you with written notice of such claim, suit or action.

12. Entire Agreement. This Agreement constitutes the entire agreement between you and Publisher and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Publisher services, affiliate services, third-party content or third-party software.

13. Waiver and Severability of Terms. The failure of Publisher to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Publisher services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Culpeper County, Virginia, and you consent to the jurisdiction of such courts.

Additional Terms of Service

You agree that you will not post, email or make available any content or use WarrentonFavorites.com in a manner that:

  • infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • may be construed in any way as spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
  • is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
  • is harmful to minors in any way; is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
  • impersonates any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to WarrentonFavorites.com without authorization;
  • interferes or attempts to interfere with the proper working of WarrentonFavorites.com or prevent others from using WarrentonFavorites.com, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to WarrentonFavorites.com, or that otherwise negatively affects other persons’ ability to use WarrentonFavorites.com;
  • uses any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy WarrentonFavorites.com or the content contained therein;
  • facilitates the unlawful distribution of copyrighted content;in a manner that includes personal or identifying information about another person without that person’s explicit consent;
  • employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through WarrentonFavorites.com or to users; andin a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

“Stalk” or otherwise harass anyone;

Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of WarrentonFavorites.com or to proxy authentication credentials for any member of WarrentonFavorites.com for the purposes of automating logins to WarrentonFavorites.com;

Post any content containing child pornography to WarrentonFavorites.com;

Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;

Post any content that constitutes pornography, contains nudity, or is adult in nature.

Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from WarrentonFavorites.com – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;

Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on WarrentonFavorites.com’s infrastructure;Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, WarrentonFavorites.com;

Use WarrentonFavorites.com as a generic file hosting service;

Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of WarrentonFavorites.com or for using it for purposes unrelated to WarrentonFavorites.com); andDevelop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of WarrentonFavorites.com.

You agree not to authorize or encourage any third party to use WarrentonFavorites.com to facilitate any of the foregoing prohibited conduct.

You also agree that these Terms of Service inure to the benefit of our service providers and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with theseTerms of Service.

Technology and hosting for aspects of WarrentonFavorites.com are provided by WarrentonFavorites.com’s hosting service provider. However, the creator of WarrentonFavorites.com controls the content, membership and policy of WarrentonFavorites.com, including those pages served by such service provider on behalf of WarrentonFavorites.com.

Notwithstanding anything to the contrary, by participating on WarrentonFavorites.com you agree to indemnify and hold harmless the owner, publisher and creator of WarrentonFavorites.com and such service provider on all matters related to your interaction with others using WarrentonFavorites.com and participation with WarrentonFavorites.com.

— July 29, 2014