Elizabeth Boynton Harbert

The

Boynton-Harbert

Society

"A California nonprofit public benefit association"

W.S. Harbert

The Society's website user terms of use

Welcome to The Boynton-Harbert Society ("the Society") website. This site is maintained as a free service for our visitors. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please carefully review these terms and conditions prior to use. If you do not agree to them, you should not use this site.

1. Agreement.  This Agreement (the "Agreement") specifies the Terms and Conditions for access to, and use of, elizabeth-boynton-harbert.com (the "Site").  It describes the terms and conditions applicable to your access of and use of the Site.
2. Acceptance. By performing either of the following acts, you are accepting the Terms and Conditions:

a. Clicking on a button or link where the option is made available to you within the Site;
b. Actually utilizing the services provided by the Site.

3. Modification and Deletion.

a. This Agreement may be modified at any time by William Frederick (the "Site operator", "our", "us") upon posting of the modified agreement.  Any modifications shall be effective immediately upon posting.  You can review the most recent version of the Agreement at any time by clicking here and then refreshing or reloading the subsequent page.  Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
b. The Site operator reserves the right, without obligation or notice to you, to edit or delete any links, information, or other content appearing on the Site, including this Agreement.

4. Privacy.  Your visit to the Site is also covered by our Privacy Policy.  Please review our Privacy Policy by clicking here.
5. Ownership.

a. All content, text, HTML code and any other intellectual property included on the Site is and shall continue to be of the Site operator or its content suppliers and is protected by applicable copyrignt, patent, trademark, and other property rights.  Any copying, duplication, reprinting, re-engineering, hosting, translating, redistribution, use or publication by you of any such content text, HTML code and any other intellectual property or any part of the Site is prohibited, except as expressly permitted by this Agreement.  Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Site.
b. Many of the photographs, letters, and other documents made available on this web site are owned by members of the Society who have graciously authorized the Society to make them publicly accessible for non-commercial purposes through this web site. When these are used for non-commercial purposes it is only required that the user identify the Society and this web site as the source of the document; and, it is requested that the user provide the Society with a digitized or hard copy of the work in which the document has been used or cited. See the contact page for specifics on where to send such notification.
c. From time to time derivative works may appear on this site that may be subject to copyright protection in the United States or other countries, and we make no warranties, express or implied, and cannot offer guidance on whether any use (non-commercial or otherwise) of any of those works is allowed. Permission for any use of those documents must be sought from the author directly.
Whatever your use, remember that you are responsible for ensuring that what you are doing is legal.

6. Intended Audience.  The Site is intended for adults only.  The Site is not intended for use or viewing by any persons under the age of 13.
7. Trademarks.  Product and company names mentioned on the Site, or linked to it, may be trademarks or service marks of their respective owners.
8. Site Use.  Site operator grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use beyond the limitations specified in section 5 above.  You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law.  The use of the Site is at the sole discretion of the Site operator, who may terminate your use of the Site at any time.
9. Compliance with Laws.  You agree to comply with all applicable laws regarding your use of the Site.  You further agree that information provided by you is truthful and accurate to the best of your knowledge.
10. Indemnification.  You agree to indemnify, defend and hold the Site operator, their officers, principals, employees and affiliates, harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
11. Disclaimer.

(a.) THE INFORMATION ON THE SITE, AND ANY WEBSITE WITH WHICH IT IS LINKED, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS.  YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

(b.) THE INFORMATION AND SERVICES ON THE SITE, AND ANY WEBSITE WITH WHICH IT IS LINKED MAY CONTAIN BUGS, VIRUSES, MISTAKES, FUNCTIONAL ISSUES OR OTHER LIMITATIONS.  SITE OPERATOR SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SUCH INFORMATION OR SERVICE.

(c.) THE LISTINGS AND LINKS ON THE SITE ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND IN NO FASHION, EITHER EXPRESS OR IMPLIED, CAN BE CONSIDERED BY YOU TO BE PROFESSIONAL ADVICE.

12. Limitation of Liability.  UNDER NO CIRCUMSTANCES WILL THE SITE OPERATOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF THE SITE, OR THE SITE'S CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATIFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of impled warranties, or the exclusion or limitation of certain damages.  If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
13. Assumption of Risk Regarding Third-Party Websites/Services.

a. Access by you to third-party websites linked to the Site, including but not limited to those links within content that may be downloaded from the Site, is done at your own risk.  Site operator is not responsible for the content, accuracy or opinions expressed in such websites, and they are neither monitored nor checked for accuracy by Site operator.  All rules, terms and conditions, other policies (including without limitation privacy policies) and operating procedures of such sites will apply to you while accessing such sites.  The inclusion of any linked website(s) on the Site, or those links within content that may be downloaded from the Site, implies neither our approval nor endorsement of the linked website(s).
b. The Site and any third-party websites linked to it are independent entities, neither being the agent of the other, and neither has the authority to make any representations or commitments on behalf of the other.
c. You understand that while all linked websites have been reviewed for content prior to being placed on the Site, the Society does not review said linked sites once posted.  As such some linked sites may contain information, material, or content that is offensive in nature, or otherwise unsuitable for viewing by minors.  You agree to hold the Site operator and the Society harmless from any and all liability, loss, damages, claim (emotional or otherwise) and expense related to your accessing the website(s), whether said access was intentional or otherwise, and eventhough you understand that links to said types of sites is strictly prohibited by the Society's policy.
d. The Site provides a listing of third-party individuals/entities from whom you may purchase or otherwise obtain certain services.  You understand that the Site operator does not control the services offered by those individuals/entities and listing their types of service in no manner indicates that the Society affirms their ability to perform said types of service.  Those individuals/entities are solely responsible to you for all aspects of order processing, fullfillment, billing and customer service.  Transactions entered into between you and said individuals/entities are entered into at your sole risk.
e. Under no circumstances is Site operator or the Society to be liable for any damages of whatever kind or nature arising from information appearing on third-party linked websites or any other website linked to or from the Site.

14. Use of Information.  The Site operator reserves the right, and you authorize it, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
15. Copyrights and Copyright Agent.  If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright agent:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of where the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringed is located on the Site;
d. Your address, telephone number, and e-mail address;
e. 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
f. 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.

Our copyright Agent for Notice of claims of copyright infringement on the Site is William Frederick who can be reached as follows:

By Mail:
PO Box 4336
Manteca, CA
95337
By Phone: 760-672-1813
By e-mail: copyright@elizabeth-boynton-harbert.com

16. "Business Day" defined.  Whenever the term "business day" appears on the Site, it means Monday through Friday, 8am-5pm PST, excluding National Holidays.
17. Applicable Law and Venue.  You agree that the laws of the state of California, without regard to confilcts of law provisions will govern the Agreement and any dispute that may arise between you and the Site operator or their affiliates.  You further agree that all actions or proceedings arising directly or indirectly out of this Agreement, or your use of the Site or any services obtained by you through such use, shall be litigated in the Superior Court of San Diego County, California or the United States District Court for the Southern District of California.  You are expressly submitting and consenting in advance to such jurisdiction and venue for any action or proceeding, and are waiving any claim that San Diego, California or the Southern Distict of California is an inconvenient forum or an improper forum based on lack of venue or any other argument.
18. Severability.  If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.
19. Termination.  The Site operator may terminate this Agreement at any time, with or without notice, for any reason.

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