Terms of Use - Christmas True

Christmas True (“Christmas True ,” “we,” or “us”) owns and operates www.christmastrue.com and other sites linking to these Terms of Use (individually, the “Site”, or, collectively, the “Sites”). Through the Sites, Christmas True provides various service offerings, information, and resources related to holiday books and information about christmas (each a “Product” and collectively, the “Products”). References to the Sites herein include the Products.

Christmas True may change, suspend, modify, or discontinue all or any part of the Sites in its sole discretion with or without notice. Christmas True is not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. Christmas True reserves the right to block or deny access to any of the Sites to anyone at any time for any reason. Christmas True is not obligated to correct or update any information or content on the Sites.

TERMS AND CONDITIONS, CHANGES TO THE TERMS OF USE

These terms of use (together with any additional terms, as described below) (“Terms of Use”) are an agreement between you and Christmas True governing your access to and use of the Sites, their functionality, and their content. Subject to your full and ongoing compliance with these Terms of Use, Christmas True hereby grants you the limited and revocable right to access and use those portions of the Sites for which you registered or are otherwise granted access, solely for their intended purposes, and solely for your internal business purposes. If you use or access the Sites on behalf of a business or other entity, you must have authority to bind that business/entity. In such case, the term “you” includes the business/entity and any of its agents that use or access the Sites. By using or accessing the Sites, you represent and warrant that you are of legal age to accept these Terms of Use and form a binding contract with Christmas True .

We may now or in the future offer multiple platforms (the “Christmas True Platforms”) through our Sites. To use the platforms, you must adhere to additional terms and conditions based on the Christmas True Platforms, including additional terms and conditions that may be specific to each such Platform, as identified below and/or presented to you at the time you commence use of such Platforms. Certain offerings on the Sites may be free of charge or offered for a fee, and we reserve the right to change, on a going forward basis, what Products are offered free of charge or for a fee, or the fees charged for any given Product offering.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE SITES; CREATING AN ACCOUNT; USING ANY PRODUCTS MADE AVAILABLE THROUGH THE SITES; POSTING, SUBMITTING, TRANSMITTING, OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES; OR USING ANY PLATFORM, YOU EXPRESSLY AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES, AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES. DO NOT USE THE SITES IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND OTHER POLICIES.

As stated above, Christmas True reserves the right to update or modify the Terms of Use at any time on a going forward basis, with or without prior notice, and such changes will become effective as follows. Modifications to these Terms of Use will be effective upon the earlier of (i) your first use of the Sites or Product with actual notice of such change, or (ii) 30 days from the public posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms of Use in place at the time the dispute arose. We use reasonable efforts to ensure that the Terms of Use identify the last date of update. In the case of material changes to the Terms, Christmas True will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. We encourage you to review these Terms of Use frequently to stay informed of the latest modifications.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for personally identifiable information, defrauding them, or similar conduct;
to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards;
to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Sites;
to impersonate or attempt to impersonate Christmas True , an employee of Christmas True , another user, or any other person or entity;
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by Christmas True , may harm Christmas True or users of the Sites, expose them to liability, or threaten the security of their personally identifiable information;
to provide services, information, materials, resources, or advice to any third person, directly or indirectly, on a service bureau basis or otherwise.

Additionally, you agree not to:

use the Sites in any manner that could disable, overburden, damage, or impair the Sites;
use any manual process or robot, spider, or other automatic device, process, or means to access, monitor, or copy all or any part of the Sites for any purpose;
use any device, software, or routine that interferes with the proper working of the Sites, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Sites or any server, computer, software, or database connected to the Sites;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites;
attack the Sites via any denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Sites.

INTELLECTUAL PROPERTY RIGHTS

Christmas True and its licensors or other providers own the Sites, including all of their content, features, and functionality—including any information, software code, text, displays, images, video, and audio, and the design, selection and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Sites (“Site Content”). The Sites and all such Site Content are protected by US and international copyright, trademark, and other laws and treaties, and may not be used except as permitted in the Terms of Use. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by Christmas True . Any use of the Sites or Site Content not expressly permitted by the Terms of Use is a breach of them and may violate copyright, trademark, and other laws.

You may access and use Sites solely for their intended purpose. You must not delete or alter any copyright, trademark, or other proprietary rights notices from any Site Contents or other materials. You may not modify; reproduce; publicly display, perform, or distribute; or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites or any materials on the Sites, except as expressly permitted by these Terms of Use or other applicable policies.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must destroy any copies of the materials you have made.

You should notify Christmas True of any suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.

TRADEMARKS

As between you and Christmas True , Christmas True owns and retains all rights in its trademarks, trade names, and trade dress which may be used on the Sites, including company and Product names, logos, slogans, and designs, which are registered and/or common law trademarks of Christmas True and are protected by United States and international laws and treaties. No license to use such items is granted to you under these Terms of Use or by your use of the Sites. Christmas True will aggressively enforce its intellectual property rights to the fullest extent of the law.

All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.

RELIANCE ON POSTED INFORMATION

The Sites may include content provided by third parties. Other than content provided by Christmas True , all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. Christmas True is not responsible for the content or accuracy of any materials provided by any third parties. Christmas True does not warrant the accuracy, completeness, or reliability of any third-party information on the Sites. Information provided by Christmas True on the Sites is informational only. Christmas True does not guarantee the accuracy of information provided on the Sites.

INFORMATION GATHERED ABOUT YOUR VISITS TO THE SITES

Christmas True may automatically collect information about you and your use and navigation of the Sites. All such information is subject to the Privacy Policy. By using the Sites, you consent to all actions taken by Christmas True with respect to your information in compliance with the Privacy Policy and legal requirements.

LINKING TO THE SITES AND SOCIAL MEDIA FEATURES

You may link to Christmas True Sites, provided you do so in a way that is legal and does not damage or take advantage of the reputation of Christmas True . You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Christmas True without the express written consent of Christmas True .

Christmas True Sites may offer integration with social media websites or apps. The Sites may provide features that enable you to: (a) link from your own or certain third-party social media websites to particular content or types of content on the Sites; (b) send e-mails or other communications with certain content, or links to certain content, on the Sites; or (c) cause limited portions of content displayed on the Sites to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as Christmas True provides, and only with respect to the content that Christmas True makes available for this purpose. Such use must also be in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website or social media account that you do not own or control; (b) cause the Christmas True Sites or portions of it to be displayed, or appear to be displayed (by, for example, framing or in-line linking) on any other site; or (c) take any other action with respect to the material or content on the Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with Christmas True in causing any unauthorized framing or linking to cease immediately. Christmas True may withdraw linking permission without prior notice. Christmas True may disable any or all social media features and any links at any time without notice.

LINKS FROM THE SITES

Links to non-Christmas True sites and resources provided on the Christmas True Sites are provided for your convenience only. They do not signify that Christmas True endorses any such websites or companies, including any sponsor(s). Christmas True has no control over those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from use of them. You access third party websites linked to the Sites entirely at your own risk and subject to the terms and conditions of such sites. Third party websites have their own terms of use and policies and are not subject to these Terms of Use.

DISCLAIMER OF WARRANTIES

THE SITES AND ANY CONTENT AND SERVICES ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR OTHER APPLICABLE POLICIES. NEITHER Christmas True NOR ANY PERSON OR ENTITY AFFILIATED OR ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITES OR SITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER Christmas True NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE 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 EXPECTATIONS OR NEEDS.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, Christmas True 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 A PARTICULAR PURPOSE, INCLUDING ESTABLISHING, PERFECTING, OR MAINTAINING COMPLIANCE WITH ANY PARTICULAR LAW OR LEGAL REQUIREMENT.

THE FOREGOING APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND DO NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.

LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS

IN NO EVENT WILL Christmas True , ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, DIRECTORS, AFFILIATES OR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY SITE CONTENT OR OTHER CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM 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, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Christmas True 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 SITES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE’S MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

YOU UNDERSTAND AND ACKNOWLEDGE THAT Christmas True WOULD NOT BE ABLE TO PROVIDE THE SITES AND PRODUCTS ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Christmas True , its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Sites, including any violation of these Terms of Use or applicable law in connection therewith.

GOVERNING LAW AND JURISDICTION

You agree that all matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

You agree that the federal and state courts located in the State of Utah have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

DISPUTE RESOLUTION AND ARBITRATION

In the interest of resolving disputes between you and Christmas True in the most expedient and cost effective manner, and except as described below, you and Christmas True agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY using or accessing the Sites, YOU AND Christmas True ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and Christmas True will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

WAIVER AND SEVERABILITY

No waiver by Christmas True of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Christmas True to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, the Privacy Policy, and other policies provided on Christmas True ’s website constitute the sole and entire agreement between you and Christmas True with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites unless you have entered into a separate agreement, signed by both parties, that specifically preempts these Terms of Use.

YOUR COMMENTS AND CONCERNS

This website is operated by Christmas True.

All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: ransom.wydner@gmail.com.

Last Updated: September 04, 2023