Terms of Service

Terms of Service for The Trophy Club Journal

Last Updated September 4, 2020

These Terms of Service (this “TOS” or “Agreement”) concern the digital and print properties, products, and services, including the websites, newsletters, newspapers, magazines, mobile versions thereof, and downloadable mobile applications (collectively the “Services”) of Trophy Club Media, its affiliated companies including the Trophy Club Journal (collectively “TCM”, “TCJ”, “we”, “us”, or “our”) described further below. This Agreement constitutes a legally binding contract between you — together with any person helping you — visiting, accessing, registering with or using the Services, (“you” or “your”) on the one side, and TCM on the other side (with you and TCM sometimes referred to herein each as a “Party” and together as the “Parties”).

1. YOUR ACCEPTANCE

BY USING, ACCESSING, REGISTERING WITH, OR SUBSCRIBING TO THE SERVICES, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE TOS AND PRIVACY POLICY; AND YOUR CONTINUED USE, ACCESS, REGISTRATION WITH, OR SUBSCRIPTION TO, ANY OF THE FOREGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE. WE RESERVE THE RIGHT TO CHANGE THE TOS AND PRIVACY POLICY AT ANY TIME. WE WILL POST THE REVISED TOS OR PRIVACY POLICY ON OUR SERVICES AND UPDATE THE “LAST UPDATED” DATE TO REFLECT THE EFFECTIVE DATE OF THE CHANGES. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TOS AND PRIVACY POLICY.

2. REGISTRATION, PRIVACY, AND SECURITY

A. The Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted these TOS. By visiting, accessing, registering with, subscribing to or using the Services, you represent, and warrant to TCM that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with, subscribing to and using the Services, and for purchasing and using any products or services on or through the Services, and you may only use the Services for lawful purposes.

B. A large majority of the Services and content offered to you on the Services and do not require you to establish or maintain an account or user profile. As explained further herein, to secure the right to access and use certain Services, you may need to register with and create a personal user account with Us through the Services (a “User Account“), as well as reaffirm your acceptance of and agreement to these TOS and those additional terms, conditions and policies referenced herein, as We may require from time-to-time.

Unless otherwise permitted by us in writing, you may only have one (1) non-transferable user account. You are responsible for all activity that occurs under your user account and you are prohibited from authorizing or allowing any third party to access or use your user account. Accordingly, you should take all steps necessary to protect and keep secret your user account details and access information (including your login name and password) and that absent such notice from you, you agree that we may assume that any communications we receive from, through or in reference to your user account (including Posts (defined herein) are made by you.

You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) and your failure to do so may result in your inability to access, use or receive all or any part of the Services and/or our termination of these TOS. If you become aware of any unauthorized use of your username, password, or account, or any other breach of security, you agree to notify us immediately by sending an email to Customer Care at services@trophyclubjournal.com.

We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time or allow others to use your account. For the sake of security, you must immediately notify Us if you suspect that a third-party has gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, TCM has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors and vendors to access and use, the information in your User Account to facilitate the exercise and performance of our rights and obligations under these TOS, the operation of the Site, the provision and performance of the Services and/or any other rights, obligations, operations and services related to the subject matter of these TOS (including, without limitation, payments, and communications).

You agree that you will not: (i) register under the name of another person; (ii) use the login credentials of another person; or (iii) use a username that we deem offensive. If we believe the information you provide is incomplete or inaccurate, we reserve the right to terminate your account and prohibit you from using the Services.

C. Our use of any information you provide us is governed by the terms of our Privacy Policy. By using the Services, you agree to our Privacy Policy and any amendments thereto, which you should carefully review each time you visit, access, register with, or use the Services.

D. You acknowledge that public computers are not considered secure and that using your user account on a public computer may adversely impact the confidentiality and security of your account and personal data. We are not liable for any such breaches of security.

E. Certain portions of the Services may be configured for, and we may offer the Services through, computers, tablets, smartphones and/or other electronic devices (“Device(s)“), and this Agreement shall apply with equal force and measure to your visit, access, registration with and use of the Services through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Services. We do not guarantee that the Services or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you visit, access, register with or use the Services through a particular Device, then you hereby acknowledge and agree that information about your use of the Services through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to TCM and/or certain third parties. All or any part of the voice, message, and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access, registration with and/or use of the Services. TCM is not responsible for, and you further accept full responsibility for, all Device, carrier and network fees, rates, charges and taxes which may apply, if any.

3. OUR CONTENT AND INTELLECTUAL PROPERTY RIGHTS

A. Content via the Services. All materials published via the Services including, but not limited to, news articles, photographs, images, illustrations, audio clips, video clips, trademarks, logos, html codes, source, codes, object codes, and other materials (collectively, “Content”) are our property or the property of our affiliates, licensors, or their respective owners, and are protected by U.S. copyright law, U.S. trademark law, international treaty provisions, and other intellectual property laws. Do not remove or modify any proprietary notices of TCM or of any other respective owner. All rights are reserved. To obtain use of our content, please e-mail services@trophyclubjournal.com.

B. Personal and Non-Commercial Use Limitation. You may use the Services for your personal and non-commercial use only. You may not modify, distribute, display, perform, reproduce, archive, license, copy, publish, upload, post, transmit, create derivative works from, or sell any information, content, software, products, or services obtained from the Services in any manner without our written authorization.

By registering as a user, you further represent and warrant that you are not an attorney or agent of an attorney conducting an investigation for a potential claim related to TCM or any of its affiliates.

C. Not Authorized Spokespersons. Any content published via the Services is considered the view of the author or owner and is not necessarily the view of TCM, its employees, agents, or affiliates. Any statements by TCM, its employees, agents, or affiliates are provided for informational purposes.

D. ASSOCIATED PRESS MATERIALS NOTICE. All visitors (including persons and representatives of legal entities, including, without limitation, digital engines of a kind that crawl, index, scrape, copy, store, or transmit digital content) agree that:

By accessing the Services, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio, and/or video material (collectively, “AP Material”) shall not be published, broadcast, modified for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No AP Material nor any portion thereof may be stored on a computer except for personal, non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in AP Material or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP Material or any portion thereof at any time.

E. Submissions. TCM accepts materials and ideas for publication under the same terms as outlined below in the User Content Section of this document, and you acknowledge and agree that TCM nor any of TCM’s content providers are responsible or liable for the materials submitted by independent authors and that the assertions, claims, background history and any and all content are the sole opinion of the party submitting the content.

Submissions will be reviewed and may be edited for editorial, grammatical and esthetic presentation on the website but TCM makes no claims to accuracy or completeness of the content submitted by others. The author of each publication shall be clearly identifiable and shall be considered the sole party responsible for its content. TCM does not endorse or support any position taken by the submission of content by independent authors.

TCM reserves the right to include advertising, including text based affiliate linking, within the content of any submission and to reject any advertising included or linking provided by the author of the submission.

4. USER CONTENT

A. User Content: Representations and Warranties. The Services may allow you to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages or material, including your name or likeness to us (collectively, “User Content”). Absent further notice and your agreement, We do not claim ownership of any User Content you or any other user submits to us. By submitting User Content, you represent and warrant: (a) you own, have been granted permission, or otherwise control or have all necessary rights to post, upload, input, provide, or otherwise submit the User Content as required by the TOS; (b) the User Content does not infringe or misappropriate any copyright, trademark, service mark, trade secret, patent, or other intellectual property or proprietary rights of any third party, including, but not limited to, rights of privacy, publicity, or likeness; and (c) the User Content will not violate any applicable law or regulation, including, but not limited to, any applicable advertising or fair housing laws or regulations, or cause injury to any person or damage to any property. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the Services that specifically ask for unique, fictitious names).

B. User Content: License. You grant us a perpetual, nonexclusive, irrevocable, worldwide, royalty-free, sub-licensable license to any User Content submitted by you to the Services, which includes, without limitation, the right for us or any third party we designate, to use, copy, translate, edit, reproduce, transmit, excerpt, publish, distribute, publicly display or publicly perform, create derivative works from, host, archive, index, cache, tag, encode, modify and adapt (including, without limitation, the right to adapt the User Content for streaming, downloading, broadcasting, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. As such, we reserve the right to use any User Content in our RSS feeds, application program interfaces (“APIs”), and various other TCC services. You recognize and agree that if you do not want to license your User Content, you should not submit it. You further agree that we are neither liable nor responsible for the proliferation of your User Content, we do not provide nor do we owe compensation or attribution for the use of your User Content, and we are unable to terminate any license to User Content that you unwittingly extend.

C. User Content: Screening and Removal. You acknowledge that we may or may not pre-screen User Content and have the right (but not the obligation) to remove, block, edit, or refuse any User Content for any reason or no reason, in our sole discretion.

D. User Content: Assumption of the Risk. You acknowledge that we cannot and do not monitor, regularly review, or manage submitted User Content. As such, we cannot guarantee the privacy of User Content submitted to the services. To protect your safety, please use your best judgment when submitting any personal information. We discourage divulging phone numbers, addresses, or any personal-identifying information. We cannot guarantee the security of any information you disclose; all disclosure is AT YOUR OWN RISK. You further understand that we may publish your user name in connection with any User Content you submit. If you use your legal name as your user name, your legal name may be published.

E. No Compensation. No compensation of any kind will be owed or paid with respect to any User Content submitted or used.

5. NO UNLAWFUL, PROHIBITED, OR IMPROPER USE

You agree that in using the Services, you will not:

a. Restrict or inhibit any other user from using and enjoying the Services;

b. Use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c. Interfere with, damage, disable, overburden, impair, or disrupt any servers or affiliated networks used to provide the Services or its features,

d. Disobey any requirements, procedures, policies or regulations of the networks we use to provide the Services;

e. Use the Services to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

f. Gain unauthorized access to the Services, any account, computer system, or network connected to the Services, by means such as hacking, password mining, or other illicit means;

g. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;

h. Use the Services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, illegal, infringing, tortious, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;

i. Use the Services to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, that is protected by copyright, trademark or other proprietary right, or that are derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

j. Use the Services to post or transmit any information, software, or other material that contains a virus or other harmful component;

k. Use the Services to exploit any information, software, or other material for commercial or advertising purposes (e.g., pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages);

l. Use the Services to advertise or solicit anyone without our express, written approval (e.g., buy or sell products or Services, make donations of any kind);

m. Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users on the Services;

n. Contact anyone who has asked not to be contacted;

o. Attack personally, harass, threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;

p. Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

q. Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Services (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users ability to use the Services or their features;

r. Use automated means, including spiders, robots, crawlers, data mining tools, scraping tools, or the like, to download data from the Services, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our TOS;

s. Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such a manner;

t. Download any file posted by another user that you know, or reasonably should know, contains a harmful component; and

u. Facilitate or encourage the violation of our TOS or Privacy Policy.

We reserve the right, but disclaim any obligation or responsibility, to: (i) remove any User Content from the Services, including any TCM websites that violates the TOS (including, without limitation, this prohibited conduct provision), and (ii) comply with any subpoena, order, or otherwise cooperate with any law enforcement officials regarding the identification of any user alleged to be using the Services, including TCM websites in violation of the law, or alleged to have any information related to an ongoing investigation. We reserve the right to preserve a record of User Content and transfer all such records to law enforcement officials upon request.

6. LIMITATIONS ON INLINE LINKING AND FRAMING

a. Website operators may include a hyperlink to our Services as long as the hyperlink does not falsely imply or state that we sponsor, endorse, or are otherwise affiliated with your site or services. You further agree to remove the hyperlink if requested.

b. You may not, however, frame, inline link, scrape, or otherwise incorporate Content or User Content into your website or any other service without our express, written approval.

Links to our Services, and the existence of such links do not constitute an endorsement by Us of the linked services or the content thereof from which/who the link sends a user.

7. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe your copyrighted material has been infringed upon, please send written notice to:

The Trophy Club Journal
2827 Exeter Drive
Trophy Club, TX 76262
Services@TrophyClubJournal.com

Pursuant to the Digital Millennium Copyright Act, you must include the following information in your written notice for it to be effective:

1. A detailed description of the copyrighted work you believe is being infringed upon;
2. A description (such as the subdomain link) of the location on the Services where the allegedly infringing content appears;
3. Your contact information, including your name, address, telephone number, and, if available, email address;
4. A statement that you have a good-faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
5. A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
6. An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

8. THIRD PARTIES

a. Third-Party Web Sites. The Services may include links and pointers to other websites maintained by third parties. A link from the Services to another website does not imply an endorsement or sponsorship of the site, information, product, or service offered on or through the site. We do not control nor are we responsible for any content, advertising, products, services or materials offered on or available from third-party sites. A third-party site may have privacy policies or terms of service that differ from ours. As such, we have no liability or responsibility for any interaction you may have with or from those sites. If you have any questions or concerns regarding another website, please contact that website.

b. Purchase of Products or Services from Third-Party Vendors.

• The Services may allow you to purchase products or Services from third-party vendors (“Vendor”).
• When you interact with a Vendor, you are subject to the Vendor’s terms, conditions, or policies. Any interaction with a Vendor IS AT YOUR OWN RISK. We do not endorse or sponsor any Vendor.
• We are never a party to any transaction between you and a Vendor. We do not review any transactions between you and the Vendor.
• Please contact a Vendor directly regarding any inquiries about its products, Services, policies, or any other applicable terms and conditions.
• We are NOT responsible for any damages that you may incur or claims arising out your purchase, use, dealings, reliance on, interactions with, or general contracting with a Vendor.

c. Classified Advertising

• The Services may now or in the future allow you to place classified or other forms of advertisements (“Classified Ad”).
• In publishing a Classified Ad, we will only accept standard abbreviations and proper punctuation. We do not accept any liability for any errors or omissions by the seller in the description of goods used in the Classified Ad.
• We are not obligated to publish any Classified Ad. We reserve the right to edit, re-classify, revise, reject, or cancel any Classified Ad at any time, at our sole discretion.
• Any publication of a Classified Ad does not constitute an agreement for continued publication. Publication does not constitute an endorsement or sponsorship of the seller.
• Any use of a Classified Ad is AT YOUR OWN RISK. We are never a party to any transaction between buyers and sellers. We do not review any Classified Ad and are not liable for any transactions between buyers and sellers.
• We do not knowingly accept any Classified Ad that discriminates or intends to discriminate based on race, color, religion, gender, national origin, handicap, or familial status. We do not knowingly accept any Classified Ad regarding employment that are not for bonafide job opportunities nor do we knowingly accept any that are for tobacco, gentlemen’s clubs, adult-oriented materials, offshore services, or Internet gambling.

9. DISCLAIMERS AND RELEASES

YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF THE SERVICES AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON, THROUGH OR IN RELATION TO THE SERVICES IN ANY WAY IS DONE AT YOUR OWN RISK. EACH SITE, PRODUCT AND SERVICE WE OFFER, THE SUCCESS OR PERFORMANCE OF THE SITE OR SUCH PRODUCTS AND SERVICES, AND ALL INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE, NOR HAVE WE MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE SERVICES ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY AND SAFETY. WE DO NOT MAKE, NOR HAVE WE MADE, ANY AFFIRMATION OF FACT, PROMISE OR WARRANTY (EXPRESS, IMPLIED OR OTHERWISE) RELATING TO ANY SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY THAT EXTENDS BEYOND THE FACE OF THESE TOS OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.

YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS THE SERVICES. YOU FURTHER ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO AS WELL AS ALL NECESSARY MAINTENANCE FOR (REPAIR OR CORRECTION OF) THAT HARDWARE AND/OR SOFTWARE. THE SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTMENT PURPOSES, OR FOR COMMERCIAL USE. STOCK AND MUTUAL FUND QUOTES AS WELL AS RELATED FINANCIAL STORIES MAY BE DELAYED AT LEAST 20 MINUTES, AS MAY BE REQUIRED BY THE STOCK EXCHANGES AND/OR THE FINANCIAL INFORMATION SERVICES. THE SERVICES SHOULD NOT BE USED IN ANY HIGH-RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES, OR BUSINESSES MAY RESULT IF ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.

YOU HEREBY RELEASE AND HOLD HARMLESS TCM AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SERVICES, THE PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES OR MARKETING OF THE FOREGOING). FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, ENJOIN TCM, ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES OR ANY EXERCISE OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE USER MATERIALS).

10. LIMITATION OF LIABILITY

NEITHER WE, NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS, OR SUBLICENSEES (“OUR RELATED AFFILIATES”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, COST OF REPLACEMENT OF GOODS OR SERVICES, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA OR INTERRUPTION OR LOSS OF USE OF SERVICE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, RELATED SERVICES, CONTENT, USER CONTENT, OR ANY THIRD-PARTY FEATURES, RELATED CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR DISCLOSURE OF YOUR PERSONAL INFORMATION, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR OUR RELATED AFFILIATES’ (AS DEFINED HEREIN) AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SERVICES, THE CONTENT, THE USER CONTENT OR ANY THIRD-PARTY FEATURES, RELATED CONTENT, MATERIAL, PRODUCTS, OR RELATED SERVICES MADE AVAILABLE THROUGH THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50), WHICHEVER IS LESS.

IF WE BREACH OR OTHERWISE VIOLATE THESE TOS, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SERVICES AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AS A RESULT OF SUCH BREACH OR OTHER VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THESE TOS).

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED UNDER SUCH STATE LAW. WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONDUCT OF ANY USER. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

11. INDEMNITY

You agree to defend, indemnify, and hold us and our parent, subsidiaries, affiliates, officers, directors, employees, contractors, agents, shareholders, information providers, licensors, and sublicensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you of the TOS or Privacy Policy or claims arising from or relating to your use of or reliance on the Services, Content, or User Content, (ii) your User Content, (iii) your infringement or violation of any intellectual property right or other right of any person or entity, or (iv) any willful misconduct by you.

12. COMMUNICATIONS

a. Express Consent. YOU HEREBY EXPRESSLY CONSENT TO TCM AND ITS AFFILIATED COMPANIES SENDING OR OTHERWISE COMMUNICATING WITH YOU FOR ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, FOR ADVERTISING, TELEMARKETING, OR OTHER MARKETING OR PROMOTIONAL PURPOSES, OR FOR SENDING OR NOTIFYING YOU ABOUT SPECIAL OFFERS, UPDATES, NEWSLETTERS OR OTHER INFORMATIONAL PURPOSES) VIA ANY ELECTRONIC MEANS OR FORMS AS TCM DEEMS APPROPRIATE IN ITS SOLE DISCRETION, WHETHER THROUGH THE SERVICES, THROUGH YOUR USER ACCOUNT, BY PERSONAL COMMUNICATION, BY EMAIL, BY AUTOMATIC TELEPHONE DIALING SYSTEM, BY ARTIFICIAL OR PRERECORDED VOICE, BY ONLINE SOCIAL MEDIA, BY TEXT MESSAGE (E.G., SHORT MESSAGE SERVICE A/K/A SMS, AND MULTIMEDIA MESSAGING SERVICE A/K/A MMS) OR BY OTHER ELECTRONIC MEDIA MEANS OR FORMS. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH COMMUNICATION SHALL VIOLATE THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, OR ANY OTHER APPLICABLE LAWS, RULES, OR REGULATIONS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME. YOU ARE NOT REQUIRED TO GRANT THE FOREGOING CONSENT AS A CONDITION FOR PURCHASE OR LICENSE OF ANY OTHER PRODUCTS OR SERVICES.

b. Email Opt-Out. You may opt-out of receiving any emails by following the opt-out instructions in any such emails you have received. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Services, your User Account, our products or services, and/or your ability to receive certain messages and/or notifications from us.

c. Text Message Opt-Out. You may opt-out of receiving any text messages (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) as described above at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Services, your User Account, our products or services, and/or your ability to receive certain messages and/or notifications from us.

d. Other Opt-Outs. You may opt-out of receiving certain communications by providing us with an email to services@trophyclubjournal.com, with a subject line of “Opt-Out of Communications,” a list in the body of the email that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the email that identifies the telephone number(s) or email address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you which are the subject of your opt-out request. Further, for certain telephone communications (e.g., communications by automatic dialing system), you may opt-out by using any other reasonable method delivered to the appropriate department. You acknowledge that opting out of receiving any of those communications may impact your receipt, the success, and/or the performance of all or any part of the Services, your User Account, our products or services, and/or your ability to receive certain messages and/or notifications from us.

13. SEVERAL NOTES ABOUT THIS AGREEMENT AND APPLE

The following addresses certain matters with respect to Apple Inc. (“Apple“) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) as of the effective date hereof (“Apple’s Usage Rules“):

a. Acknowledgement. The Parties hereby acknowledge that:

1. this Agreement is between the Parties only and not with Apple;
2. Apple is not responsible for the Services or the content thereof;
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
4. Apple is not responsible for addressing any claims you or any third party have or may have relating to the app or your possession and/or use of the app, including, without limitation, (i) product liability claims, (ii) any claim that such app fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;
5. this Agreement’s usage rules for the Services are not intended to be less restrictive than Apple’s Usage Rules;
6. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement; and
7. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.

b. Amended Scope of Limited License. If you download, access or use our Services through an app from or through Apple’s App Store, then the limited license(s) granted to you hereunder with respect to such app is/are hereby amended to add the following restriction: you may not use the app on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control or in any manner that is contrary to Apple’s Usage Rules.

14. GOVERNING LAW

This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Privacy Policy), your visit, access, registration with or use of the Services, any transactions made on or through the Services, the Parties’ relationship, and all disputes, controversies, and claims arising from, relating to or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require the application of the laws of another jurisdiction. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

15. DISPUTE RESOLUTION

a. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions, or policies referenced in this Agreement, your visit, access, registration with or use of the Services, any transactions made on or through the Services, and/or the Parties’ relationship*(whether grounded in contract, tort, statute, law or equity) (collectively, the “_Dispute(s)_”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“_JAMS_”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential.*Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.

b. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules“), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

c. Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Dallas, Texas, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.

d. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.

e. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.

f. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of Texas in Dallas County, Texas, United States of America and the United States federal courts in the Northern District of Texas, Dallas Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.

g. Waiver of Jury Trial and Class Action. Regardless of whether a particular dispute is subject to arbitration or litigation, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding or to name unnamed members in any purported class action or other proceedings.

h. Statute of *Limitations*. You agree to bring any Dispute within TWO (2) years after it accrues or within the applicable limitations period, whichever is LESS; otherwise, such claim will be permanently barred.

16. MISCELLANEOUS

a. Termination. We may, in our sole discretion, terminate or suspend your access to all or part of the Services for any reason, including breach of the TOS or Privacy Policy. If we terminate your access or account, you agree that the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted us, the Payment Terms, and all other provisions for which survival is equitable or appropriate, including indemnity and limitation of liability.

b. Entire Agreement. The TOS and Privacy Policy constitute the entire agreement between you and us and supersedes all prior and contemporaneous agreements or other communications (written or oral) between you and us. In entering into these agreements, all parties represent and warrant that they did not rely upon any prior representations, discussions, agreements, or negotiations not otherwise contained in the TOS and Privacy Policy and that the TOS and Privacy Policy constitutes the entire agreement between the parties. We may amend our policies at any time. If you do not accept the TOS, Privacy Policy, or any amendments thereto at any time, you agree to discontinue your use of our Services.

c. Severability; No Waiver. If any provision of the TOS is found to be unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the TOS will continue in full force and effect. Any failure of ours to enforce or exercise any provision of the TOS or related right will not constitute a waiver of that right or provision.

d. International Law. We control, operate, and administer the Services from the United States. We make no representation that Content, User Content, or any material on the Services is appropriate or available for use outside of the United States. Illegal access to the Services from territories where their content is illegal is prohibited. You may not use the Services or export them in violation of U.S. export laws, rules, and regulations. If you access the Services from a location outside the United States, you are responsible for compliance with all applicable laws. We do not presently offer the Services to citizens or residents of the European Union.

e. Reporting Abuse. We provide a monitored and active email address for you to report abuse. If you believe any content on the Services is against our TOS, please contact us.

f. Notices. Any notices or communications from you to us must be in writing, in English, and sent to the address below:

The Trophy Club Journal
2827 Exeter Drive
Trophy Club, TX 76262

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17. TERMS OF PURCHASE 

The following terms govern your purchase of the Services, to the extent such purchase is required. As used herein, “payment method” means the credit card, debit card or bank account information you provide to us from time to time in connection with a subscription or purchase. Please print or save to your device a copy of this page.

A. Continuous Subscription Terms and Right To Cancel

By providing your payment method information and submitting your order as your electronic signature, you accept a CONTINUOUS SUBSCRIPTION, which means your initial subscription will automatically renew until canceled. You have the right to cancel at any time by visiting our contact us page and following the instructions for your state of residence. We do not accept written correspondence sent by U.S. mail.

The relevant and specific payment terms and offer are provided when you subscribe (the “Order Page”). The introductory rate, if any, is valid for the period of time specified in the Order Page. That amount will be the initial charge made to your payment method. After the introductory offer, your payment method will automatically be charged the amount specified on the Order Page until you notify Us to cancel.

B. Automatic Payment Authorization; Digital Subscriptions, Print Subscriptions, Print Delivery + Unlimited Digital Access and Other Properties

By providing your payment method information and submitting an order as your electronic signature, you authorize us to initiate charges/debits to your payment method automatically to pay each of your periodic payment amounts when due. Initial prices and your billing periods are set forth on the Order Page. Charges will be made to your payment method as of the due date of each payment or the next business day and in the amount of the payment due. This authorization will remain in effect until it is cancelled by you or Us. You may cancel this authorization at any time by calling us at the appropriate number provided in “Contact Us” below and your cancellation will take effect after we have had a reasonable opportunity to act on it. We may cancel automatic payments at any time if any payment is returned by your financial institution unpaid. If you or we cancel this authorization without you cancelling your subscription, you will still be required to make your payments by check or other means. Our inability to collect your payments automatically does not result in a cancellation of your continuous subscription.

For digital subscriptions, if your credit card expires or your payment method is otherwise invalid, your subscription or product will be terminated. You may update your billing and payment information by calling customer service.

You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, and insufficient funds and over the credit limit fees. You agree to pay a $25.00 service charge (plus applicable taxes) for all rejected payments, whether by credit card, debit card, check or auto-debit. Any amounts payable by you to us will bear interest at a rate equal to the lower of (i) 16% per annum or (ii) the maximum rate permitted by applicable law.

C. Terms of Service and Privacy Policy

By providing your payment method information and submitting an order as your electronic signature, you confirm that you have read, understand, and agree to the TOS and our Privacy Policy.

D. Eligibility for special or promotional offers

Any special or promotional subscription offers are only available to new subscribers and households that have not subscribed to the print or digital edition of The Trophy Club Journal in the past 30 days (previous account must be in good standing) and cannot be used in conjunction with any other offer. Home delivery offers are only available in our home delivery area and limited to one offer per household. See specific special or offer for all details and terms.

E. Other Terms for subscriptions

• Payment amounts and timing were described in the offer that you accepted online;
• A Digital tax of 8.25% will apply to subscriptions and purchases.
• Temporary Stops: Do not extend your pay through date.
• Billing Disputes: All disputes must be received by phone or in writing within 120 days of the statement date. Disputes received after this timeframe will not be eligible for review.
• Print Refund Policy: If your subscription is terminated and you have a credit balance of more than $3.00 with us, a refund will either be credited to the credit or debit card on file if the card account is open or a check will be mailed to the postal address we have on record approximately sixty (60) days following termination.
• Digital refund policy: All digital subscriptions are non-refundable.
• Digital subscription usage and sharing accounts: One user per account. One concurrent session. If a user is found to be in violation of this rule, the account may be terminated without eligibility for a refund.
• Complimentary subscriptions: We reserve the right to revoke access to complimentary subscription accounts for any reason or no reason, in our sole discretion.

F. Gift Cards and Premiums included with Subscription Offers

Eligibility for gift cards or premiums is contingent upon agreement to participate in automatic renewal billing. Subscriber must enroll in the auto renewal program and maintain a current, paid-in-full account (with no outstanding balance) for no less than 13 weeks (or as specified on promotional offer) to be eligible for gift card (including electronic gift cards) or premium. Non-compliance will result in a charge to customer for amount of gift card or premium. Gift card and premium values vary based on our product(s) or services by the subscriber. These gift cards are issued by third parties and are subject to any applicable terms and conditions promulgated by the relevant third party. You agree and acknowledge that We are not liable or responsible for any issues or problems you may have with your gift card.

If applicable, digital-only subscriptions with bundled Amazon Alexa-enabled devices require a prepaid one-year commitment. You can cancel your Alexa-bundled digital-only subscription at any time by contacting us, below, but you will not receive a prorated refund for the initial annual subscription – your digital-only access subscription will continue for the remainder of your one-year subscription and we will not charge your account the following billing cycle. We are not responsible for the functioning of your Alexa-enabled device.

G. Non-Subscription Purchases

When you purchase a standalone product (not a subscription), your payment method will be charged or debited at the moment of purchase.

H. Payments

All credit card, debit card and other monetary transactions made on or through the Services occur through a payment processing application that is provided by a third-party vendor(s). Our relationship with its third-party vendors, if any, is merely contractual in nature, as they are nothing more than independent contractors and are in no way subject to our direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.

If you provide us with your payment information, then you authorize us to do the following as we deem necessary, although we have no obligation to do so: (a) share your payment information with our third-party payment processing vendor(s); (b) obtain your updated payment information from your payment issuer, our third-party payment processing vendor(s) and/or applicable third-party providers; and (c) use your payment information to charge payments that accrue under your account(s) with us in accordance with this Agreement.

You agree that you are responsible for the payment of all amounts that accrue under your account(s) with us, our third-party payment processing vendor(s), and/or any other third-party providers on, through or in relation to the Services (including, without limitation, all shipping and handling charges associated with the delivery of any products that you may purchase. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on, through or in relation to the Services, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

To the fullest extent permitted by law, you agree to waive all claims against TCM related to any unauthorized payments made on, through or in relation to your account(s) with us, our third-party payment processing vendor(s), any other third-party providers and/or any other person or entity, regardless of whether they are authorized or unauthorized.

You represent and warrant to us that any payment information you provide on or through the Services is current, complete and accurate; and that you will promptly notify us if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

I. Service issues

To report any service issues, please call the appropriate number provided in the Contact Us section below.

J. Contact Us 

To contact us, please use the following:
Customer Service:
Email: services@trophyclubjournal.com