Terms of Use

TERMS OF USE

 

This agreement governs your use of the Aisle Files Podcast website. If you create an account, whether free or paid, additional Terms of Service will also apply.

This website is owned and operated by 48 Fields LLC. Access and use of this website is provided by the Aisle Files Podcast to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use, you should not access or use this website.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as THE SERVICES PROVIDED ON THE WEBSITE ARE NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.

The Aisle Files Podcast may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of or otherwise abuse this website or any system resources, services, or networks connected to or accessible through this website. You may only use this website for lawful purposes.

Intellectual Property
All materials (including the organization and presentation of such material) on this website (the “Materials”) are the property of the Aisle Files Podcast and its licensors and are protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with the Aisle Files Podcast, any other use of these Materials without the Aisle Files Podcast written permission is prohibited. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the Aisle Files Podcast’s prior written permission.

The Materials may only be used and copied for your own personal, non-commercial, or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted, and provided further that the Materials are not republished in any way, including without limitation the republishing of Materials on other websites, blogs, or social media. You may not create derivative works from or otherwise exploit the Materials in any way.

Privacy
The Aisle Files Podcast is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use, and disclose the personal information of those individuals who visit our website.

The Aisle Files Podcast may disclose information to trusted affiliates, independent contractors, and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, we may transfer information collected from users in connection with a sale or restructuring of the Aisle Files Podcast.

Linked Websites
This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that the Aisle Files Podcast monitors or endorses these websites. The Aisle Files Podcast does not accept any responsibility for such websites. The Aisle Files Podcast shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods, or services available on or through any third-party websites or linked resources.

If a third-party links to this website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with the Aisle Files Podcast. In many cases, The Aisle Files Podcast may not even be aware that a third party has linked to this website. A website that links to this website: (i) may link to, but not replicate, the Aisle Files Podcast’s content; (ii) may not imply that the Aisle Files Podcast is endorsing it or its products; (iii) may not misrepresent its relationship with the Aisle Files Podcast or present false or misleading information about the Aisle Files Podcast’s website or services; and (iv) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

Internet Software or Computer Viruses
Due to technical difficulties with the Internet, software, or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

The Aisle Files Podcast shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. The Aisle Files Podcast recommends that you install appropriate anti-virus or other protective software.

Prohibited Activities
You shall not, nor cause any third party to, use the website to perform any illegal or immoral activities, including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy of others, or any of the following types of activities, without limitation:

  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable material;
  • Transmitting information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Impersonating anyone or any entity, falsely stating, or otherwise misrepresenting your affiliation with a person or entity;
  • Posting or disseminating advertising or commercial content;
  • Interfering with or disrupting the website;
  • Disrupting the activities or enjoyment of the website for other users; or
  • Collecting or storing personal data about other users.

You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password if any), including without limitation any content created or submitted by you.

User Comments and Feedback
We welcome your comments regarding the website. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, “Comments”) shall be and remain the exclusive property of the Aisle Files Podcast. Your submission of any such Comments shall constitute an assignment to the Aisle Files Podcast of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. The Aisle Files Podcast will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.

Website and Materials Provided “As Is”
This website and its content are provided “as is” without representation, warranty, or condition of any kind, either expressed or implied, including but not limited to implied representations, warranties, or conditions of merchantability, non-infringement, suitability, or fitness for a particular purpose. The Aisle Files Podcast does not represent or warrant that this website or the materials will meet your requirements or that their use will be uninterrupted or error free.

Release/Indemnification
You agree to release the Aisle Files Podcast, its parents, and affiliates together with their respective members, managers, officers, employees, agents, directors, and shareholders from any and all liability and obligations whatsoever in connection with or arising from your use of the website. If at any time you are not happy with the website or object to any material within the website, your sole remedy is to cease using them.

You agree to defend, indemnify, and hold the Aisle Files Podcast, its members, managers, officers, employees, agents, directors, and shareholders harmless from and against any and all claims, damages, costs, and expenses, including attorneys and fees, arising from or related to your use of the website or any services or products offered by the Aisle Files Podcast.

Limitation of Liability
Although we try to ensure that the information contained on this site is as accurate as possible, we give no warranty of any kind regarding the site and/or any materials provided on the site. Further, the Aisle Files Podcast does not warrant the accuracy, completeness, currency, or reliability of any of the content found on the site, that the results obtained from the use of any information found on the site will be accurate or reliable, or that the quality of any products, services, information or, other material obtained through the site will meet your expectations. The Aisle Files Podcast expressly disclaims all warranties, representations, conditions, undertakings, or other obligations including any implied warranties of merchantability, suitability, noninfringement, fitness for a particular purpose, or any warranty that the website, content, or any software will be error-free or that such errors will be corrected, all of which are hereby excluded to the fullest extent permitted by law. If the Aisle Files Podcast is informed of any inaccuracies on the site, we will attempt to correct the inaccuracies as soon as we reasonably can. If you obtain a product or service from the Aisle Files Podcast from the website that is provided without an agreement, that product or service is provided on an “as is” basis.

Further, note that no advice or information obtained by you through this website shall create any warranty not expressly provided for in there Terms of Use.

You assume all responsibility and risk for the use of this website and the materials including without limitation any of the information contained therein.

In no event shall the Aisle Files Podcast or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever, including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss, in connection with any claim, loss, damage, action, suit, or other proceeding arising under or out of these Terms of Use, including without limitation your use of, reliance upon, access to, or exploitation of this website, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility that such damage, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights, or otherwise.

In any event, the total maximum aggregate liability under these Terms of Use or the use or exploitation of any or all part of this website or the materials in any manner whatsoever shall be limited to $5 U.S. Dollars.

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Email
Feel free to email the Aisle Files Podcast at kelly@aislefilespodcast.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted, or altered. The Aisle Files Podcast is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via email that:

  • The Aisle Files Podcast has no obligation concerning such information
  • The information is non-confidential
  • The Aisle Files Podcast may use, disclose, distribute, or copy the information and may use any ideas, concepts, or know-how contained in the information for any purpose without compensation
  • The information is truthful and disclosure of the information does not violate the legal rights of others

Applicable Law
This website is controlled, operated, and administered by the Aisle Files Podcast from within the United States. This website can be accessed from states in the USA, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the United States, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the Commonwealth of Virginia or, if federal law is determined to apply, the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the United States, in Loudoun County, in the Commonwealth of Virginia and acknowledge that you do so voluntarily. The prevailing party in any dispute under these Terms of Use shall be entitled to recover its attorney fees and costs, together with any other relief awarded by a court of competent jurisdiction.

General
The Aisle Files Podcast’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact
If you have concerns relating to this web site or these Terms of Use, please contact the Aisle Files Podcast at kelly@aislefilespodcast.com.