By viewing and/or using this website, you are agreeing to all
of the terms and conditions explained below.
1.General. This World Wide Web site with its home page in the domains "tenderlovingmercy" and "tenderlovingmercy.com" (the "website") is a complimentary information service offered by Tender Loving Mercy at no charge to you as a user of the World Wide Web, with the express condition that you agree to be bound by the terms and conditions set forth in this User Agreement. Tender Loving Mercy reserves the right to change these Terms and Conditions any time, and you must consult the most recent version of this User Agreement and Terms and Conditions (not an older cached version) each time you view the website. Do not use the website if you do not agree to all of the following terms and conditions. 2.Intellectual Property/Hyperlinks. You agree to be bound by the terms and conditions set forth under the Service Marks, Copyright and Hyperlinks sections of this User Agreement and Terms and Conditions. 3.Representations and Warranties. You acknowledge that the information on the website is provided "as is" for general information only. Tender Loving Mercy makes no representations or warranties of any kind regarding this website, including but not limited to any warranties of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and all such warranties are expressly disclaimed. 4.Indemnification. You agree that you will hold harmless Tender Loving Mercy and its officers, directors and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this website or the information contained in this website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights or the intellectual property rights of a third party. In no event will Tender Loving Mercy or the contributors of information to this website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. 5.Opinions/Recommendations. You acknowledge that opinions and recommendations contained in this website are not necessarily those of Tender Loving Mercy or endorsed by Tender Loving Mercy. 6.Linked Sites/Third-Party Content. These Terms and Conditions apply only to this website. Tender Loving Mercy may provide links on the website to other websites which are not under the control of Tender Loving Mercy. These links are provided for convenience of reference only and are not intended as an endorsement by Tender Loving Mercy of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. Under no circumstances will Tender Loving Mercy be held liable, directly or indirectly, or any loss or damage that is caused or alleged to have been caused to you in connection with your use of, reliance on, or any content, goods or services available on any other website to which this website links. You should direct any concerns to that website’s administrator. 7.Governing Law and Jurisdiction. This website (excluding linked sites) is controlled and operated by Tender Loving Mercy, which is headquartered in the State of California, United States of America. It can be accessed from all 50 states, as well as United States territories and other countries around the world. By accessing this website you agree that any action at law or equity arising or in any way relating to this website, shall be filed only under the statutes and laws of the State of California, without regard to conflicts of law principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the State of California in and for the County of San Diego, and the United States District Court for California with respect to such matters. Tender Loving Mercy makes no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so of their own initiative and are responsible for compliance with local laws.
All uses of Tender Loving Mercy federally registered and common law trademarks, service marks and trade names must be approved in writing by Tender Loving Mercy. Inquiries may be directed to our office.
The works of authorship contained in this website, including but not limited to all design, text and images (the “Materials”), are owned or licensed by Tender Loving Mercy and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use, or otherwise used in whole or in part in any manner without our prior written consent. Unless permitted otherwise in writing, you may only access the Materials located within the website for your personal use. This means you may download copies of Materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download Materials, you do not obtain any ownership rights to the Materials.
You may provide a hypertext link to the Tender Loving Mercy website on another website, provided that:
(a) the link must be an active, text-only link or approved banner or artwork provided by Tender Loving Mercy (you may NOT use our logo without prior written approval) clearly marked "Tender Loving Mercy";
(b) the link, when activated by a user, must display this website full-screen and not within a "frame" on the linked website;
(c) the appearance, position and other aspects of the link may not be such as to disparage the Tender Loving Mercy Foundation or its services, damage or dilute the goodwill associated with the Tender Loving Mercy name and service marks, or to create the false appearance that an entity other than Tender Loving Mercy is associated with, benefitting, or sponsored by Tender Loving Mercy;
(d) the link may not be associated with the sale of any products or services, or the promotion of any lottery, raffle, sweepstakes or other games of chance benefiting Tender Loving Mercy;
(e) the link will not appear on pages including content which Tender Loving Mercy, in its sole discretion, finds to be objectionable, or which includes obscene, pornographic, violent, intolerant, tasteless, denigrating or sexually-oriented content or materials; and
(f) Tender Loving Mercy reserves the right to revoke its consent to the link at any time in its sole discretion by amending these Terms and Conditions. You acknowledge and agree that you are responsible for keeping up with any such changes.
All other hypertext links to this website must be approved in writing by Tender Loving Mercy. Inquiries may be directed to our office.
Use of a hypertext link does not indicate or create any endorsement, approval, sponsorship or affiliation of or with your website by Tender Loving Mercy. This permission to link is provided without warranties of any kind, express or implied, including without limitation, warranties of title of non-infringement.
Tender Loving Mercy reserves the right to take action against any use of its federally registered service marks, trademarks and trade names, or any links to its website that do not conform to the conditions herein, or that infringe any intellectual property or other rights of Tender Loving Mercy.
Tender Loving Mercy
1907 Apple Street St. 8
Oceanside, CA 92054