TERMS OF SERVICE
CTR Clubhouse, CTR every day,
Enjoy The USA, and Fallon Fun
as of February 23, 2017
Table of Contents
We have taken every effort to design our Websites to be useful, informative, helpful, honest, and fun. Hopefully, we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over, because, by using our website, you automatically agree to them. Naturally, if you don’t agree, please do not use our website. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may have been made! Your continued use of our websites means that you accept those changes.
1. ACCEPTANCE OF TERMS: [top]
Our websites provide their services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using our services, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
2. DESCRIPTION OF SERVICE: [top]
Our website's purpose is to provide our users with a service to help promote their businesses and services as well as advertise their various classified ads and draw more attention to those products that they want the public to know about. This is the reason that all four of our websites interact with one another so that they may better serve and advertise the listings that our customers make on our the websites. We also help people understand the importantance of good morals and values, by keeping sexually explicit graphics, language and videos off of our websites in order to maintain family friendly safe websites to visit. These websites are intended to be family- oriented and enjoyed by all ages. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new properties, shall be subject to these TOS. You understand and agree that this service is provided "as-is" and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS: [top]
It is always FREE to register on all of our websites and take part in the various activities that we have to offer. Many of the services such as the Adopt a Pet, Articles, Classified Ads, Forums, Lost and Found Pets, Private Messaging, and Volunteer Guide, and many others are always free for the public to use. In consideration of your use of this service, you agree to: (a) provide true, accurate, current, and complete information about yourself and your company as prompted by the various forms; (b) maintain and promptly update the information forms to keep them true, accurate, current, and complete; and (c) submit all entries in the English language only to avoid any problems with language being converted into spam. If you provide any information that is untrue, inaccurate, not current, or incomplete, and upon investigation, we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this service (or any portion, thereof). Your account may also be terminated if you use profanity (or any form of profanity, such as a letter followed by symbols replacing letters) or display any pornographic images, videos, or promote anything that may do harm to others. Pornographic images uploaded to any location on our websites will NOT be tolerated. Our websites are open to all ages, so we strongly encourage all languge and images to be virtuous, lovely, uplifting, or of good report, and praiseworthy. Remember, we always want to set a good example for the next generation.
All information that you enter into your account area is NEVER shared with anybody else. We always keep that information completely private. Nobody is ever allowed into that area except the user of that account and the owner of this website.
5. SUBMITTING YOUR ONLINE MATERIAL TO US: [top]
That means when you upload your graphics for a slideshow or a photo contest or anywhere else, it is all meant for the public to see and we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
6. LIMITATION OF LIABILITY: [top]
These include (but are not limited to) damages or injury caused by any:
Use of (or inability to use) the website;
Use of (or inability to use) any website to which you hyperlink from our website;
Failure of our website to perform in the manner you expected or desired;
Error on our website;
Omission on our website;
Interruption of availability of our website;
Defect on our website (that we are not aware of);
Delay in an operation or transmission of our website; or
Computer virus or online failure
Please note that we are not liable for any damages, including:
Damages that intend to compensate someone directly for a loss or injury;
Damages reasonably expected to result from a loss or injury (known in legal terms as "consequential damages."); or
Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidental damages.")
We are not liable even if we've been negligent or if our authorized representative has been advised of the possibility of such damages or both.
EXCEPTION: [ top]
Certain state laws may not allow us to limit or exclude liability for these "incidental or consequential" damages. If you live in one of these states, the above limitation obviously would not apply, which would mean that you might have the right to recover these types of damages.
However, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they're claimed under any other legal theory) will not be greater than the amount you paid, if anything, to access our website, (which, as a general rule, is less than $100.00 (one hundred dollars) a month).
7. MEMBERSHIP: [top]
You can find the specific details regarding your membership with us at any time. Simply login to your User Control panel, go to the Invoices tab to see all of your purchases. Should you need to change your billing information, you may do so at the time you renew your listing.
A. BILLING and REFUNDS: [top]
By starting any of your listings, you are expressly agreeing that we are authorized to charge your listing fee associated with the type of package or service (monthly, quarterly, or yearly) that you chose to purchase,that being: Auto Sales, Banners, Business Directory, Coupons, Price List, Real Estate Listings, etc. You agree that we are authorized to charge you the fee at the then-current rate to the payment method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change without notice. As used in these Terms of Service, "billing" shall indicate either a charge or a debit, as applicable, against your Payment Method.
The software used for billing is NOT automatic. You will be notified via e-mail when it is time to renew your subscription. You will need to login to your account, click on your Business Directory, and then on Edit Listing, and there, you will see the "Listing Expires Date" to see the commencement date for your next renewal period. Payments are non-refundable and there are no refunds or credits for partially used periods. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information when your account is up for renewal.
B. HOLDS: [top]
If you do not renew, then your account will not be deleted/terminated, but will go into a disable mode retaining your information in case you do want to renew at a later date. This is a convenience for you so that you don't have to re-enter all of the information that you previously entered.
C. CANCELLATION: [top]
You may cancel your listings at any time, and cancellation will be effective immediately. Please go to the "Contact Us" on any one of our websites and just let us know that you want us to remove your listing. Don't forget to include the URL link to the location of the listing so we can remove the correct listing. We do not provide refunds or credits for any partially used membership periods.
8. MEMBER ACCOUNT, PASSWORD, AND SECURITY: [top]
You will have a password and account username upon completing registration process. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you log out from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
9. MEMBER CONDUCT: [top]
You understand that all information including, but not limited to data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks, and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not us, are entirely responsible for all content that you upload, post, e-mail, transmit, or otherwise make available via this service. We do not control the content posted via the service, and, as such, do not guarantee the accuracy, integrity or quality of such content, however, we do monitor what is being added to our websites. We always appreciate a "Neighborhood Watch or Website Watch Policy" on all content added to our websites and should you find someone posting material that is improper on any of our websites, please contact us. All members are STRONGLY encouraged to help protect the integrity of all our websites. It takes many eyes to make these websites the kind of websites that will be pleasing to all ages.
Spam, stalking other members, and harassing other membe,rs will NOT be tolerated and should be reported quickly. You understand that the technical processing and transmission of this service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices to prevent spam, stalking other members, and/or harassing of other members and, if absolutely necessary law enforcement will be involved. So please be respectful of others, so it doesn't become a problem!
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE: [top]
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. CHILDREN: [top]
We do not knowingly collect or solicit Personally Identifiable Information in any of our listings from or about children under 13 except as permitted by law. We have Amber Alerts on our websites to help them get back home. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe we have any information from or about anyone under 13 in listing on any of our websites, please contact us immediately.
12. INDEMNITY: [top]
You agree to indemnify and hold our websites, and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, or make available through this service, your use of this service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
13. NO RESALE OF SERVICE: [top]
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of these services on any of our websites of: CTR Clubhouse, CTR Every Day, Enjoy the USA and Fallon Fun.
14. MODIFICATIONS TO SERVICE: [top]
We reserve the right at any time, and, from time to time, to modify or temporarily discontinue the service (or any part. thereof) with or without notice, due to maintenance upkeep. You agree that we shall not be liable to you or to any third party for any modification, suspension, or temporary discontinuance of this service. In the event of permanent discontinuance of this service, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
15. TERMINATION: [top]
You agree that any one of our websites, in their sole discretion, may terminate your password, account (or any part thereof), or use of the service for any reason, including, without limitation, believe that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the service.
16. LINKS TO OTHER WEBSITES: [top]
This service provides a way to link to other internet websites or resources, because we have no control over other websites and resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to be caused by, or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
17. PROPRIETARY RIGHTS: [top]
You acknowledge and agree that this service and any necessary software used in connection with the service/software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through this service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights. and laws. Except as expressly authorized by our advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service or the software, in whole or in part.
We grant you a personal, non-transferable, and non-exclusive right and license to use this service for its intended purpose. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including without limitation for the purpose of obtaining unauthorized access to this service. You agree not to access this service by any means other than through the interface that is provided by our websites for use in accessing this service. Furthermore, you understand that the content is protected by copyright and other laws in both the United States and elsewhere.
18. DISCLAIMER OF WARRANTIES: [top]
You expressly understand and agree that:
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
No advice or information, whether oral or written, obtained by you from us or through or from this service shall create any warranty not expressly stated in the TOS.
19. GENERAL INFORMATION: [top]
These TOS constitute the entire agreement between you and govern your use of this service, superseding any prior agreements between you and our service. The failure of any one of these websites to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
To the extent you have in any manner violated or threatened to violate CTR Clubhouse, CTR Everyday, Enjoy the USA, Fallon Fun and/or its affiliates' intellectual property rights, our websites, and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Nevada, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Fallon, Nevada. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Fallon, Nevada, under the rules of the American Arbitration Association. Judgment upon the award rendered by the Arbitration may be entered in any court with jurisdiction to do so.
Please visit our Guestbook Submission No, Nos for important additional information regarding making listings on our websites.