Sally Chaney, hereafter referred to as Webmaster operates this Site to provide online access to fun, sharing and information. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use, together with applicable additional terms and conditions set forth at any time by Webmaster, are referred to as this “Agreement.” Webmaster reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. Terms of Use include this paragraph and are set forth below.

1. Use of Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, non-public purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Webmaster reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site, except as expressly permitted by the Terms of Use and in writing by Webmaster.

2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws to the extent of said law. The copyrights in the Content may be owned by Webmaster and or other copyright owners who have authorized their use on the Site. You may not manipulate or alter in any way images or other Content on the Site without specific written permission from Webmaster or the copyright owner.

At no time will you be authorized to use any of the website content for anything other than personal, non-public, non commercial use, unless use permission is obtained prior to use, in writing from Webmaster and copyright holder.

3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Webmaster of the third party, the third-party web site, or the information contained therein. Webmaster is not responsible for the availability of any such web sites. Webmaster is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Webmaster affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Linking to this Site
Links to this site are allowed. Webmaster cannot reciprocate links back to other sites. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

6. Downloading Files
Webmaster cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Disclaimer of Warranties
WEBMASTER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. WEBMASTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WEBMASTER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WEBMASTER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

8. Limitation of Liability
IN NO EVENT WILL WEBMASTER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR SUBMISSIONS (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF WEBMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WEBMASTER LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $1.00.

9. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Webmaster, Sally Chaney and any affiliated companies, subsidiaries, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

10. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

You also agree that You will not use this website to send the following types of information: (i) personal information about children without their parent’s consent, (ii) pornography or nude pictures, (iii) tasteless images, (iv) violent material, (v) links to web sites containing the serial numbers for unlocking software illegally, (vi) pyramid schemes, (vii) chain letters, (viii) impersonations of another person, (ix) encouraging the use of a controlled substance, (x) selling or promoting products that are unlawful (xi) advocating, promoting, or encouraging violence against any person, organization, or the government, or (xii) links to web pages containing any of the aforementioned content.

By using this website, You warrant that the information You use, send to Webmaster and or the website, post or communicate in any form to and or on this website is true and accurate information and material.

You agree to comply with our No Spam Policy, as well as the Telephone Consumer Protection Act. You agree to give Webmaster permission to copy and/or store a log of articles, photographs, guestbook posts, blog posts and any and all items and communication received and sent to Webmaster and this website. Webmaster may but is not obligated to copy and/or store any of the above-mentioned information.

11. User Supplied Information
Webmaster does not want to receive confidential or proprietary information from you via the Site, Email or any form of communication. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, to the Webmaster or any representative of such, you give Webmaster the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

a. Use and Submission
If you post on, email to or in any form communicate to with or about this website, the Blog and or Guestbook, you agree to post non-threatening, polite, on topic posts only. Webmaster does not and will not allow any person submitting a post [hereafter referred to as 'Poster'] to post about another Poster. All posts must be free from curse words, insults and personal attack against Webmaster and all other users and Posters of this site. It is Webmaster's sole discretion as to whom and what constitutes any post to be on or off topic, curse words, insulting and personal attacks.
b. Display and Removal of Posts and any and all Submissions
Webmaster, employees of Webmaster, Blog Moderators may at their sole discretion display or remove any post, photograph, article or any submission of their choosing without prior or after the fact notice to Poster or anyone else.

12. Webmaster explicitly reserves the right and sole discretion to: (i) modify this website at any time without notice (ii) review Your use of this website for excessive time, space and bandwidth utilization, violations of this agreement (iii) establish limits and guidelines concerning the use of this website (iv) terminate your right to use this website (v) bring suit against you for Your failure to abide by this agreement in any way or form, particularly for but not limited to; unsolicited, commercial emails, posts, articles and links; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass Webmaster and or third parties; activities prohibited by the laws of the United States and/or foreign territories; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of Webmaster and or a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of Webmaster and or a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Webmaster determines to be harmful to its other subscribers, members, viewers, customers, Moderators, employees, volunteers, operations, or reputation.

13. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Webmaster of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Webmaster therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Webmaster does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, any other Webmaster web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.
d. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF CALIFORNIA. THE LAWS AND JUDICIAL DECISIONS OF SOLANO COUNTY, CALIFORNIA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF SOLANO COUNTY, CALIFORNIA. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.