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Hostess With The MostessĀ® and HWTM.com Terms of Use

July 9, 2011

By clicking that you accept these Terms and Conditions of Use of HWTM.com and Hostessblog.com which is incorporated into HWTM.com, you agree to a legally binding Agreement ("Agreement") between you, the user, and HWTM, LLC ("Company," "HWTM," "Hostess With The Mostess," "we," or "us"). HWTM, LLC owns and operates HWTM.com ("Site"), and other products and services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this Agreement. "User" includes all visitors to the Site, and those registered with the Site.

BY ACCESSING OUR SITE AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND THE PRIVACY POLICY INCORPORATED BY REFERENCE INTO THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITE, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH OUR SITE.

We reserve the right to change, modify, add, or remove portions of these Terms and Conditions ("Terms") at any time. You agree to check these Terms periodically for changes. The Terms can be found at the bottom of the Home Page of the Site. Your continued use of our Site following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. The Terms outline the legal obligations of Company and you, the user, and also outline what can and cannot do while accessing the Site and Services.

Please be sure to read our Privacy Policy, which outlines our policies to respect the privacy and enjoyment of users.

Usage in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

Registration and Membership. In order to fully participate in our Services, you will need to register for an account. We will ask for your name, birthdate, gender, address, and email address. If you do not register for an Account, you can still view our Site, but you cannot create a Profile and enjoy our other Services. You manage your settings by clicking on My Account If you experience a problem accessing your Account or Account Settings, please contact us at support@HWTM.com.

Minors. Our Site is directed at those who are 18 or older. However, you may use our Site if you are 13 or over, but only with the permission and under the supervision of a parent or legal guardian. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13.

Your Account. You manage your information by clicking on "My Account" at the top right side of the Site. Your account is personal to you, which means that you are not authorized to transfer, loan, give or sell your account membership. You agree to keep your contact and account information through "My Account" up dated and accurate. It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately if there is any actual or suspected unauthorized use of your account in any manner. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent, which may or may not be granted, at our sole discretion. If you experience a problem accessing your Account, please contact us at support@HWTM.com.

Professional Membership ("Pro"). HWTM offers paid memberships that allow businesses to promote their services and products through HWTM. A Pro must be an active business in the hospitality industry. For more details, please refer to our Pro page (link to the page that describes this service), which outlines details, including benefits, pricing, and refund information. Membership pricing is subject to change with such notice provided at any time by posting the changes to the Site.

Pro Membership Pricing, and Refunds. Our premium paid membership for Pros allows Pros to access additional Services on our Site. Please click here for additional information about the Pro Membership. Each membership is month to month, and will automatically renew at the end of the month period, with your fee charged to your Paypal account for the amount due at the beginning of each new period. Should you choose to change or cancel your Pro membership, please make the changes through your Profile Settings, as we are unable to accept emails or phone calls for changes and cancellations. You will receive a confirmation of your membership plan change or cancellation within 2 days. You may cancel or suspend your Pro membership at anytime; however, cancellation or suspension will take place at the end of the current billing cycle. We must receive your change or cancellation notice 3 days prior to the end of the period, or the change or cancellation will be effective at the end of the following period. Our Pro membership fees are subject to change upon 30 days notice with such notice provided at any time by posting the changes to the Site and by email. You acknowledge that you have legal authority to enter into this Agreement, and that you are either the account holder of the Paypal account to be used, or you have received authorization from the Paypal account holder to charge the account for the indicated amount of for these Services, to be delivered to the HWTM Account. If you experience a problem accessing your Account or Account Settings, please contact us at support@HWTM.com. Unless you notify us within 72 hours of your purchase, no refunds will be provided.

Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. Upon registration and acceptance of our Terms, HWTM grants you a limited license to make personal use of our Site and Services in accordance with this Agreement as outlined herein, and to view the webpages and participate in our Services. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services or other Site and services. You further agree that you will not use the Site or Services to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising or solicitation for products or services of any kind, unless expressly authorized to do so by us. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability. If your account registration has been terminated for any reason, you may not re-register without our prior written consent.

Security. We take great care in maintaining the security of your information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. We recognize the importance of your privacy and employ SSL during credit card transactions. Please refer to our Privacy Policy for additional information.

Limited License To Access and View Content. Upon registration and acceptance of our Terms, HWTM grants you a limited license to make personal use of our Site and Services in accordance with this Agreement as outlined herein. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted. We enforce intellectual property laws, including copyrights and trademarks. This means you must own or have the licensed rights to publish, submit, post or transmit information such as photos, music, videos, text, terms, comments, descriptive terms or trademarks ("Content") on or through our Site. This includes Content submitted by you or through your Account in any format or via any media device ("Submissions"). A user's use of another's copyrights, trademarks and other intellectual property is against our policies. With respect to Content and Submissions, including but not limited to music and videos, you may not: (i) resell, redistribute, retransmit, republish, license, transfer, or copy any Content for any purpose; (ii) re-engineer, modify, or create any derivative work; (iii) remove or obscure any intellectual property notices; or (iv) hold yourself out as the owner or creator of the Content unless you are the owner or licensee of such Content. In addition, you shall follow our Community Guidelines.

Submissions to Site. Any information submitted to HWTM ("Submissions") will be deemed NOT CONFIDENTIAL if posted in a public area, if provided to us as a Submission, or if available for viewing by other users. This includes all information uploaded to your Profile for display. (Please refer to our Privacy Policy for additional information.) You decide how much information you want to share but please don't include your telephone number, street address, last name or any other Personal Information. By participating in our Site and Services, and in the event you upload, share, post, transmit or display any text, photos, videos, music or other Content, you warrant and represent that you own or otherwise control all of the legal rights to the Content, as described herein including without limitation, all the rights necessary for you to provide, share, post, upload, transmit, input or submit this Content ( a Submission). You should not reference any person by a real name, or provide any other Personal Information about any person or entity unless you have been given written permission. You should not upload photos or videos that include other people unless those people consent to the posting of the photo or video. If someone in your photo or video is under 18, you must receive permission from that person's parent or legal guardian. We do not guarantee that we will edit or delete Submissions. We do not actively monitor Content, and are not responsible for the Content or views expressed therein. Submissions express the views of the author of the Submission, not the views of HWTM. Any user who feels that a user-posted Submission is objectionable, is encouraged to contact us immediately by email at support@HWTM.com or through the Red Flag Abuse button.

Unless otherwise specified, we do not claim ownership of your Content. However, by posting, uploading, inputting, providing, emailing, or submitting your Content, also known as Submissions, you are granting us permission to use your Content in connection with the operation of our businesses. You grant HWTM an unrestricted, irrevocable, perpetual, royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish via our Site or Services any information you submit to or send us for the purposes outlined within the context of the Submission or herein. You also grant us an irrevocable, perpetual royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish your Content and your name and likeness to promote and advertise our Site and Services for marketing, publicity, and promotional purposes, online and offline, with appropriate copyright notices given where applicable. Unless you are an approved advertiser, and limited to our Agreement, our Site is not intended, and shall not be used, to promote products or services not previously approved by us. It is in our sole discretion to determine what is acceptable Content and Submissions, and we may remove Content, Submissions, links or text at any time, although HWTM is in no way acting as a moderator or editor of Content.

Blogs. HWTM provides a Blog in which we feature articles about party ideas and entertaining. Many times our Blog includes articles, photos, and other Content submitted by users ("Blog Submissions"). While we do not edit Submissions from users, we may at times edit Blog Submissions so that this Content can be included into our Blog in an appealing way. This means that we may add to, revise, or delete text or photos that you submit to us through our Blog Submission page. We will only edit to the extent that it is necessary. Other than this exception, all other terms outlined herein regarding Submissions and your Content apply to Blog Submissions. Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent.

Digital Millennium Copyright Act.

Written notification of claimed copyright infringement must be submitted to our DMCA Agent at copyright@HWTM.com or at the address below under Notice (link to Notice section toward end of this document).

To be effective, the notification must include the following:
  1. An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
  2. A description of the copyrighted work claimed to have been infringed;
  3. A description of the location of the infringing material and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including your address, telephone number, and email address;
  5. A statement by you 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
  6. A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner. (This means that you are the owner, or you have written authorization from the copyright owner.)
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing content and we may choose to publish Claimant information in place of disabled Content. If you believe that someone has copied your work, either in part or whole, please follow our procedures. Click here if you would like to file a Counter Notice.

Counter Notice Under the DMCA. When we receive a notification of alleged copyright infringement, we remove the Submission or Content that is the subject of the notification. If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. You must send the Counter Notice to our designated agent for receiving notices of infringement, whose name and contact information is under the DMCA notice above.

A counter-notification must include the following specific elements:
  1. Identification of the specific URLs of material that our Site has removed or to which our Site has disabled access.
  2. Your full name, address, telephone number, and email address, and the username of your Account.
  3. The statement: "I consent to the jurisdiction of the Federal District Court in which the address is located, or if the user's address is outside of the United States, for any judicial district in which Company is located, and will accept service of process from the claimant."
  4. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Signature. A scanned physical signature or a valid electronic signature will be accepted.
  6. Submission. We can only accept a counter-notification directly from the user from whose account the material has been disabled. For verification, we require that Counter Notice be submitted from the email address associated with the account.
Process: What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.]

Intellectual Property and Copyright Notice. Our Site is controlled and operated by HWTM, LLC. Our software, applications, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, photos, logos, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us, or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site and Service's Intellectual Property may not be used without the express written permission of HWTM, LLC. You shall not (i) remove or obscure any intellectual property notices; (ii) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Intellectual Property for any purpose (iii) re-engineer, modify, or create any derivative work of any Intellectual Property; (iv) hold yourself out as the owner or creator of any Intellectual Property on the Site and Services unless you are the owner or licensee of such (including but not limited to text, photos, and recipes). You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site or Services, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the intellectual property, including copyrights, on our Site, please email us at copyright@HWTM.com. We reserve all rights other than those expressly granted herein.

Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your registration and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.

Comments, Ratings, Feedback. While we want you to enjoy our Site, you should not include your telephone number, street address, last name or any other Personally Identifiable information on any area of our Site that is accessible by the public. You should not reference another person by a real name, or provide any other Personally Identifiable information about any person or entity. You should not upload a photo of someone unless you have received permission from that person to upload a picture of him or her. You decide how much information you want to share. We do not actively monitor postings or comments, and are not responsible for any messages, comments, or communications. Messages express the views of the author of the message, not the views of HWTM. Any user who feels that user-posted content, including comments or photos, are objectionable is encouraged to report this concern by flagging it through the Flag button. Unless you are an approved advertiser, and limited to our Agreement, our Site is not intended, and shall not be used, to promote products or services not previously approved by HWTM.

Surveys, Promotions, and Contests. HWTM may offer surveys, promotions, and contests from time to time. Please refer to the Terms for each individual contest, survey, and promotion. No aspect of a promotion or contest is conditioned upon the purchase of a product or payment of any kind. Contests are open to legal residents of the 50 states within the U.S. and the District of Columbia, excluding U.S. territories, who are 18 and older as of the date of the opening of the promotion or contest. Contests are void where prohibited or restricted by law. Employees, contractors, and their immediate families are not eligible to enter our contests.

Retired Account. If your Account is inactive or minimally active for a 6-month period, as determined by us, we may retire your Account and archive it or delete it, at our sole discretion.

Abuse, Red Flag. Since our goal is to create an entertaining and safe community, we encourage users to report cases of abuse, which include but are not limited to, activities and conduct by users prohibited or restricted by our Terms, and Community Guidelines. We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior. HWTM has the sole discretion to terminate an Account for any reason.

Links To Sites. Links in the Site allow you to leave the Site. We provide links throughout the Site, including but not limited to links within our Blogs. We also provide featured products throughout our Site, linking to third party websites. These linked websites are not under our control and we are not responsible for the content or material available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. The inclusion of a link on the Site (for example, within our Blog) does not imply a recommendation or endorsement by HWTM of the linked website or products. Links are offered for informational purposes only. Please refer to the terms of use and privacy policy for each site visited.

Mobile Access. Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.

DISCLAIMER OF WARRANTIES. THE MATERIALS, INFORMATION/CONTENT, AND GOODS OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOSTESS WITH THE MOSTESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. HWTM DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT HWTM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, HWTM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY HWTM, THIRD PARTIES, ADVERTISERS, USERS (INCLUDING PROS), OR AFFILIATES ON THE SITE. AS A SERVICE TO YOU, HOSTESS WITH THE MOSTESS MAY PROVIDE ACCESS TO THIRD PARTIES AND ADVERTISERS AND ASKS THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICY. YOU AGREE THAT NEITHER HOSTESS WITH THE MOSTESS, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, NOR ADVERTISERS ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY GOOD, SERVICE, INFORMATION, CONTENT OR OPINIONS PROVIDED ON AND THROUGH THE SITE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING GOODS SOLD HEREIN. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOSTESS WITH THE MOSTESS, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, AND ADVERTISERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY GOODS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE ENTIRE LIABILITY OF HOSTESS WITH THE MOSTESS, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, THIRD PARTY PROVIDERS, AFFILIATES AND ADVERTISERS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

HWTM reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with HWTM in the defense of any such claim, action, settlement or compromise negotiations, as requested by HWTM.

GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR LIABILITY OCCURS THAT INVOLVES AN HWTM OR OTHER SUBMISSION, OR RELATES TO ANY OFFLINE ACTIVITY SUCH AS AN EVENT HIGHLIGHTED ON HWTM, YOU RELEASE HWTM, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND ADVERTISERS FROM CLAIMS. WE PROVIDE A COMMUNITY SETTING TO SHARE INFORMATION ABOUT ENTERTAINING, AND ARE NOT RESPONSIBLE FOR ANY ACTIVITY OR BEHAVIOR OF ANY PARTY, INCLUDING OFFLINE ACTIVITY, THE SERVING OF ALCOHOLIC BEVERAGES AT A VENUE, ANY ACCIDENTS AT, OR TO AND FROM A VENUE HIGHLIGHTED HEREIN. IT IS THE USER'S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SITE AND SERVICES. YOU, NOT HWTM, BEAR FULL AND SOLE RESPONSIBILITY FOR YOUR ACTIVITY.

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of California without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in San Diego, CA and the District Court of the Southern District of California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Entire Agreement. These Terms of Use, incorporating by reference the Privacy Policy, constitutes the entire Agreement between you and Company. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of Company. Any provision which must survive in order to allow Company to enforce its meaning shall survive the termination of this Agreement.

Assignment and Succession. Notwithstanding any other provision of these Terms, Company, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign or transfer your rights and responsibilities under this Agreement. This Agreement is personal to you, the Account holder.

Termination. You may cancel your membership at any time by emailing us at support@HWTM.com. We will retain your Personal Information for the purposes outlined herein and within our Privacy Policy, and such information may remain in our archives, particularly if required to be stored for legal purposes. Upon cancellation or termination your Submissions will remain active and viewable by the public, unless we receive a written request from you, through an email registered associated with your Account, to remove all Content from public viewing. The Terms will remain in effect and legally binding, without limitation. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that if your Account is terminated for any reason, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated, you shall indemnify and hold HWTM harmless for any and all liability that we may incur.

Notice. Unless otherwise indicated, please direct notices to HWTM, LLC .address, and email us at notice@HWTM.com. Legal notices to users shall be directed to the account email address on file. Please be sure to keep your email address updated.

No Commercial Use. You understand and agree that unless you are a pre-approved commercial user (Pro) or advertiser, you are not to use the Site or Services for commercial purposes of any sort, without previous written approval by us. If you are the owner of a good or service and would like to highlight your good or service, or if you have questions about advertising on our Site, please email us at advertising@HWTM.com.

Compliance With ADA. It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our services and products.

These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. However, in the event of a substantial change, we will notify you by email. It is your responsibility to review these Terms, and the Privacy Policy, both of which are available at the bottom of HWTM.com site.

Copyright 2011 HWTM.com and HWTM, LLC All Rights Reserved.