WE WANT TO PROTECT EVERYONE INCLUDING OURSELVES, PLEASE READ CAREFULLY.
1. YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your" "customer" or "consumer", and TLC ("TLC," "we," "our") referred herein as TLC, that governs any and all business interactions of any and all parent companies, subsidiaries, affiliates, officers, directors, agents, employees, contractors, customers and vendors for any and all services, products, decisions, actions and use of the TLC Web site ("Site" or "Web site") ." When you interact directly, indirectly, voluntarily, involuntarily, in person, over the phone or from any internet connecting device such as a laptop, smart phone, touch pad, personal computer, public computers, game consoles and/or any other device(s) directly, indirectly, voluntarily or involuntarily and using, surfing, searching, navigating, clicking, typing and/or any activity of sort access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms") which are fully and legally binding between each party.
2. CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site, after such revisions have been posted signifies your consent to the changes.
3. GENERAL RELEASE OF LIABILITY: By interacting directly, indirectly, voluntarily, involuntarily in person, over the phone, by contract and/or agreement or from any internet connecting device such as a laptop, smart phone, touch pad, personal computer, public computers, game consoles and/or any other device(s) directly, indirectly, voluntarily or involuntarily and using, surfing, searching, navigating, clicking, typing, and/or any activity of sort access and/or use the Site in any way "TLC" directly, indirectly, voluntarily, involuntarily, from any internet connecting device such as a laptop, smart phone, touch pad, personal computer, public computers, game consoles and/or any other device(s) directly, indirectly, voluntarily or involuntarily and using, surfing, searching, navigating, clicking, typing, and/or any activity of sort, you voluntarily release all rights and liability to TLC for any lawsuit, damages, claims, losses, costs or expenses of any kind, including but not limited to attorney’s fees which may incur as a result of any lawsuit and all loss or losses.
4. COVENANT NOT TO SUE: You hereby covenant not to sue TLC and agree to never initiate, or be a party to any lawsuit, claim, demand or prosecution, and hold TLC harmless from all damages, claims, losses, costs or expenses of any kind, including attorney’s fees which we may incur as a result of any lawsuit, relief, or compensation, which you may have by reason of loss, damage(s) or loss of any kind whatsoever relating to the negligence on the part of any or all of the releases arising out of your participation on TLC Web site.
5. HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, vectors, sound and video recordings, animation, action scripting, java scripting and other materials and effects on the TLC Web site. We provide the information, content or advertisements(which we collectively call the "Materials") on the TLC site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Accordingly, you may view, use, copy, and distribute the Materials found on TLC Web sites for internal, non commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the TLC Web site. You may not use the TLC Web sites to compile a collection of data, including a competing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by TLC, its subsidiaries, parent companies, and/or any third party owner of such rights.
6. HOW YOU MAY USE OUR MARKS: The TLC and TLC company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from TLC or its wholly-owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any TLC name or mark advertising, publicity or in any other commercial manner without the prior written consent of TLC. Requests authorization should be emailed to us direction.
7. HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep. Any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas, venture partnerships, or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
8. NO ENDORSEMENTS MADE BY TLC: We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any product(s) and/or service(s), deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the TLC Web sites. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the TLC Web sites (the "Products").
9. CONTENT DISCLAIMER: TLC communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. TLC has no control over the accuracy of such information on our pages, and material on the TLC Web site may include technical inaccuracies or typographical errors. We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage. All of the data on Products and Promotions including but not limited to, the prices and the availability of any product(s) and/or service(s) or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet. TLC reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Sites. Where appropriate, we will endeavor to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies. Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by TLC or its affiliates. TLC does not make any representations regarding the availability and performance of its Web site or any of the Web sites to which we provide links. When you click on advertiser banners, flash ads, sponsored links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by TLC. TLC and its affiliates are not responsible for the content, functionality, or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship. Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible copyright compliance, legality, or decency of material contained in any externally linked Web sites. We do not fully screen or investigate business listing Websites before or after including them in directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories. If your information is listed on TLC by any form including a person (s), advertiser (s), content partner (s), software developer (s), publisher (s), marketing agent (s), employee (s), user (s), reseller (s) and other third parties, TLC is not responsible for the content. If you feel your information should be removed, you may contact TLC directly at our contact page or you can mail a letter of request to remove content on TLC to TLC. TLC cannot be held legally responsible by any person (s), attorney (s), business (es), corporation (s), or any other type of organization for providing online end user (s) online content related to a person (s) name, business name (s), physical addresses, mailing address (es), local phone number (s), toll free phone number (s), cell phone number (s), fax number (s), email (s), website (s), link (s), map (s), online yellow page ad (s), discount (s), coupon (s) or any other related content to a person(s) or business (es) on TLC.
10. WARRANTY DISCLAIMER: Any use of the TLC Web site, reliance upon any materials, and any use of the Internet generally shall be at your sole risk. TLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the TLC results. THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TLC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. TLC DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TLC DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS TO YOU. THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11. LIMITATION OF LIABILITY: IN NO EVENT SHALL TLC BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT,SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF TLC ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), FROM ANY SITE. TLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE PERMITTED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into this Site. TLC may make improvements and/or changes in the products, services and/or programs described in these Sites and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to this Site. However, anyone using this Site agrees that TLC may monitor the Site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Site properly or to protect itself and its users. TLC reserves the right to modify, reject or eliminate any material residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable in violation of the law or these Terms and Conditions.
14. SITE ACCESS: TLC reserves the right to terminate, suspend or restrict your access to the Site, in whole or in part, without notice, in the event you violate any of these terms. In addition, you agree that, if asked to do so, you will not attempt to access the Site.
15. WEB BROWSER DISCLAIMER: TLC supports the majority of browser versions. If you experience problems while using our Site it may be due to the compatibility of your browser version. We recommend that you update your browser by clicking on one of the attached links.
Microsoft Internet Explorer
16. INDEMNIFICATION: You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
17. INTELLECTUAL PROPERTY COMPLAINTS: We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):
17.1 • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
17.2 • Identification of the copyrighted work claimed to have been infringed;
17.3 • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
17.4 • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
17.5 • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
17.6 • A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please e-mail this information through our contact page.
18. APPLICABLE LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts entered into and performed in California by residents thereof. Any action or proceeding brought by you under or relating to this Agreement shall be brought in a state or federal court located in the City of Sacramento, State of California, and you hereby irrevocably submit to the personal jurisdiction of and irrevocably consent to venue in such courts for purposes of any such action or proceeding. Any claim against us arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy by any other party.
19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, this Agreement may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any actions taken after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Web site.
20. SEVERANCE: If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect and remain fully enforceable.
21. LIMITED TIME TO CLAIM: You acknowledge and agree that that it is the intent of both you and TLC to limit the period of time a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to the Sites and Services must commence within six (6) months after the cause of action accrues, otherwise such cause of action is permanently barred.
22. MISCELLANEOUS: TLC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH TLC; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF TLC, SERVICES AND MATERIAL.
22.1 • You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which you access the Site or use the Services.
22.2 • These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law's provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Sacramento County, California and Santa Clara County, California. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.
22.3 • All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of resident in the United States, or, if you reside outside the United States, under the laws of the country in which the subject Sites are directed.22.4 • Any notices required to be given under these Terms shall be emailed through our contact page.
22.5 • Except as expressly stated herein, the Terms constitutes the entire agreement between you and TLC with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and TLC with respect to the Services and/or the subject matter of these Terms.
22.6 • Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
22.7 • To be removed from future TLC marketing e-mail campaigns, please e-mail us through our contact page.
These Terms were last modified and effective as of July 22, 2015.