Effective Date: June 1, 2023
AUTOMATICALLY RENEWING SUBSCRIPTIONS
PLEASE SEE SECTION 7 OF THESE TERMS FOR TERMS RELATING TO AUTOMATICALLY RENEWING SUBSCRIPTIONS.
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND YANKEE PUBLISHING MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST YANKEE PUBLISHING TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 15 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH YANKEE PUBLISHING.
Please review THESE TERMS carefully. By using THE Site, you acknowledge that you accept the TERMS set forth herein. If you do not accept such TERMS, you may not access the Site.
1. Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
3. Intellectual Property
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
Yankee Publishing grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Yankee Publishing.
5. Links to External Websites and Online Services
All products offered for purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice. Any Yankee Publishing publication concerning our products may include inaccuracies or typographical errors. Yankee Publishing shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Yankee Publishing may make improvements and/or changes in the products described in these publications at any time without notice.
Yankee Publishing may reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Yankee Publishing, payment must be received by Yankee Publishing prior to acceptance of an order. Notwithstanding the foregoing, Yankee Publishing may in our sole discretion choose not to charge your credit card until your order has been shipped. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.
You understand that Yankee Publishing may change prices at any time, at our sole discretion and Yankee Publishing reserves the right to change such prices at any time to correct errors or to comply with applicable laws.
You understand that products purchased by you and shipped to your designated location in the U.S. may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as a separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products.
Payment will be processed by Yankee Publishing’s independent third-party payment processor, using the payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.
Certain features of the Site, including placing orders, may require you to pay fees to Yankee Publishing or our third-party vendors, including, but not limited to, service fees and surge fees. Yankee Publishing may change the fees at any time as we deem necessary or appropriate for our business. You acknowledge and accept that a fee will be charged and you agree to pay such a fee.
7. Automatic Renewals
If your purchase is subject to an automatic renewal (“Auto-Renewing Subscription”), you will be notified during the order process. Auto-Renewing Subscriptions will continue and automatically renew at the end of the initial term, and you will be charged the Auto-Renewing Subscription fee (the renewal rate then in effect) on an automatically recurring basis, depending on your chosen Auto-Renewing Subscription, until you cancel or the account is otherwise suspended pursuant to these Terms. You must have Internet access and provide us with one or more payment methods. You acknowledge that the Auto-Renewing Subscription fee billed may vary due to promotional offers, changes in your Auto-Renewing Subscription, and changes in applicable Taxes, and you authorize us to charge your payment method for the corresponding amounts. If Yankee Publishing changes the Auto-Renewing Subscription fee or other charges for your Auto-Renewing Subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable Taxes.
The length of the automatic renewal term is dependent on your chosen Auto-Renewing Subscription and will be set forth on the order page. Before the end of the initial term and before your Auto-Renewing Subscription renews, you will receive a renewal reminder notice.
You may cancel at any time through your account settings. To cancel your Auto-Renewing Subscription on: The Old Farmer’s Store, please click here to log in; Family Tree Shop, please click here to log in.
You must cancel your Auto-Renewing Subscription at least seven (7) days in advance before the renewal charge date in order to avoid billing of the Auto-Renewing Subscription fees for the next billing period to your payment method. If you cancel your Auto-Renewing Subscription, cancellation will be effective at the end of the current automatic renewal period. This means that you will have continued access to your Auto-Renewing Subscription for the remainder of that period, but you will not receive a refund.
8. User Accounts
You may register an account on the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Yankee Publishing has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Yankee Publishing has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. Yankee Publishing will not be liable for losses, damages, liability, expenses, and fees incurred by Yankee Publishing or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
9. Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
- Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site; or
- Otherwise attempt to interfere with the proper working of the Site.
10. User Submissions
11. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Yankee Publishing a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Yankee Publishing to locate the material on the Site;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Yankee Publishing a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to the contact address set forth at the end of these Terms.
12. Additional Terms for California Residents
Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at email@example.com.
General Waiver under Section 1542 of the California Civil Code
You expressly acknowledge that there may exist claims or facts in addition to or different from those which are now known or believed by them to exist. Nonetheless, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. Section 1542 of the California Civil Code provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
13. Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY YANKEE PUBLISHING ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YANKEE PUBLISHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL YANKEE PUBLISHING OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.
Any claims arising in connection with your use of the Site or any products purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
- Class Action Waiver. We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.
- Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.
These Terms shall be governed by the laws of New Hampshire, and you agree to submit to the exclusive jurisdiction of the courts of Cheshire County, New Hampshire in respect of any disputes arising under or in connection with these Terms.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.
If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
17. How to Contact Us
If you have any questions, comments or notices regarding these Terms, please contact us at firstname.lastname@example.org