Terms of Use

Welcome to MarloThomas.com, a web site on the AOL Network that was jointly developed by Marlo Thomas and AOL.

As this site is part of the AOL Network, your use of the site is governed by the AOL.COM Terms of Use. In addition, there are specific Terms of Use that apply to MarloThomas.com, which you will find below.

MarloThomas.com Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THIS SITE CAREFULLY. This Terms of Use ('Terms of Use') is a legal agreement between you (referred to herein as 'you' or 'your') and Open Road Web Biz LLC ('ORWB', 'we', 'our', or 'us') for access to and use of MarloThomas.com (the 'Site').

BY USING AND/OR VISITING THIS SITE, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SITE. PLEASE REVIEW THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM OR OTHERWISE CONTINUE USING THIS SITE.

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 Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

1. Privacy

For information about our data protection practices, please read our privacy policy available at http://privacy.aol.com. This policy explains how we treat your personal information, and protect your privacy, when you use the Site. You agree to the use of your data in accordance with our privacy policy.

2. Registration

In order to provide user Content (defined below) to the Site, you must register and create an account. Certain other features of the Site may also require you to register for an account. If registration is requested, and you choose to register for an account and provide information to us, you agree to provide only accurate and complete registration information, including your real name. You agree to register only once and may not maintain multiple accounts on the Site. You may not authorize any third party to use your account. You are solely responsible for any activity that occurs on your account and for preventing unauthorized use. ORWB will not be liable for loss caused by any unauthorized use of your account. You must notify us at admin@MarloThomas.com immediately of any breach of security or unauthorized use of your account.

3. Restrictions on Use of the Site

You agree that you will not:

use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Terms of Use and/or any and all applicable local, state and federal laws and regulations and international treaties;
use the Site for the distribution or publication of any abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that ORWB deems, in its sole discretion, to be objectionable whether or not such material is unlawful;
use the Site to export software or data in violation of applicable U.S. laws or regulations;
sell, rent, lease, loan, distribute, transfer, sublicense, or otherwise permit any third party to use or have access to the Site for any purpose (except as expressly permitted by ORWB in writing), whether by timesharing, service bureau, networking or any other means;
remove any copyright, trademark, patent or other proprietary notices from the Site or any portion thereof;
distribute, publish, exhibit, or otherwise use the Site, or any portion thereof, in any manner and for any purpose not expressly permitted under this Agreement;
exploit the Site or collect any data incorporated in the Site in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
collect personal data about other Site visitors for commercial or unlawful purposes;
post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site; or
post, email or make available content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.

4. Links

These Terms of Use apply only to the Site and not to the websites of any other companies or organizations, including those to which the Site may link. We are not responsible for the availability of any other website to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website's administrator or webmaster.

5. Content

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Site are the sole responsibility of the person from which such content originated. All such information is referred to as the "Content". Content also includes any ideas that you submit to the Site.
You acknowledge that Content presented to you as part of the Site, including but not limited to advertisements in the Site and sponsored Content within the Site may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to ORWB (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told in writing that you may do so by ORWB or by the owners of that Content.
ORWB reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.
You understand that by using the Site you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site at your own risk.
You agree that you are solely responsible for (and that ORWB has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which ORWB may suffer) by doing so.

6. Intellectual Property

You acknowledge and agree that ORWB (or ORWB's licensors) own all legal right, title and interest in and to the Site and all Content on the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
You acknowledge and agree that ORWB has no obligation to protect or enforce on your behalf any intellectual property rights you may have in Content.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.
You agree that in using the Site, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

7. Content License From You

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Site. By submitting, posting or displaying the Content you give ORWB a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, exhibit, publicly display, distribute and otherwise exploit any Content which you submit or post on or through the Site in any manner or media whatsoever, now known or hereafter developed.
In connection with Content you submit to the Site, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ORWB to use such Content in the manner contemplated by the Site and these Terms of Use. You further agree that you will not submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant ORWB all of the license rights granted herein.
You understand that ORWB, in performing the required technical steps to provide the Site to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit ORWB to take these actions.
You confirm and warrant to ORWB that you have all the rights, power and authority necessary to grant the above license.

8. Interactive Areas

An interactive area means any forum, message board, chat room, user review forum, comment wall, ratings, member submission or other interactive service appearing on the Site and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Site in order to contribute to any forum and comply with the terms hereof and all rules posted on the Site.

We are not responsible for material appearing in any interactive area on the Site, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable or that violate ORWB policies or these Terms of Use. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the Content they provide.

9. Registration

If you access the Site anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain aspects of the Site, you will be required to register. You will be allowed to use screen names, but you must be truthful as to your true identity. Screen names or IDs may not be offensive, deceptive or violate any other party's rights. Any access codes or passwords provided should be safeguarded at all times.

We may, at our discretion, suspend or terminate the registration of any user who violates any of these Terms of Use or any of the guidelines posted by us on the Site from time to time or for any other behavior that we, in our discretion, believe is inappropriate.

10. Disclaimers

THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SECURE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER DEVICE AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL FROM THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIAL ON THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. No Personal Advice

The information contained in or made available through the Site (including but not limited to information contained on message boards, in text files or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

13. Parental Supervision

Some of the information available on the Site concerns the topic of sex and may not be appropriate for children. Further, the Site is not directed to children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

14. Indemnity

You agree to defend, indemnify and hold us harmless, and our officers, members, managers, directors, employees, third party licensees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your Content and any other materials provided by you, (iii) your use or misuse or reliance upon the Site, including your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third-party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

15. Jurisdictional Issues

We control and operate this Site from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Digital Millennium Copyright Act ("DMCA") Notice

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 that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services;
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Any notification by a copyright owner or a person authorized to act on such copyright owner's behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon ORWB actual knowledge of facts or circumstances from which infringing material or acts are evident. ORWB's copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Roseann Henry c/o MarloThomas.Com
Address: 420 East 54th Street, 30F
New York, NY 10022
Telephone: 212-826-5988
Email: admin@marlothomas.com

We suggest that you consult your legal advisor before filing a notice with ORWB's copyright agent. You should note that there can be penalties for false claims under the DMCA.

17. Communications by ORWB

You agree that ORWB may communicate with you electronically. Such electronic communications may consist of email or other notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications ORWB sends to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Terms of Use.

18. Changes to Terms of Use

ORWB reserves the right to change, amend and/or modify these Terms of Use, in whole or in part, at any time with or without notice. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Site or as otherwise provided by ORWB. From time to time, ORWB may post on the Site or otherwise notify you of additional or different rules and policies relating to the Site. These rules and policies shall thereafter be part of this Agreement. If you use the Site after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.

19. Miscellaneous:

You agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over ORWB, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and ORWB that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use, together with the Privacy Policy and any other legal terms published by ORWB on the Site, shall constitute the entire agreement between you and ORWB concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ORWB's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ORWB without restriction.

20. Contact Information

Please contact Open Road Web Biz LLC with any questions or comment at admin@MarloThomas.com.