This Web site or mobile application (referred to herein as the “Site” for ease of reference) is owned and operated by TIMELESS or a TIMELESS subsidiary or affiliate, collectively “we,” “us,” or “TIMELESS.” Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site.
We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms of Service, as modified.
(A) TIMELESS’s Limited License to You. This Site and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site.
(B) Your License to TIMELESS. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are 13 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.
(C) Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to Timeless, LLC, 9005 Overlook Blvd Brentwood, TN 37027, or by email to TimelessBrandProtection@staytimeless.com. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and, if available, e-mail address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
(D) Restrictions on Linking and Framing. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by TIMELESS. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Web site or other service any of our material or intellectual property without the written permission of TIMELESS.
This Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. We do not control the messages, information, or files that you or others may provide through the Site. We provide these features for the use of civil conversation and interaction between our community members. This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:
We shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with this Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Site. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Site.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site.
To access certain features of the Site, we may ask you to provide personally identifiable information such as your name, e-mail address, ZIP code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Site. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Site. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a username or e-mail address of another person with the intent to impersonate that person; (ii) use a username or e-mail address subject to the rights of any person without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.
The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.
Certain sections of the Site may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Web site and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)
IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TIMELESS is committed to maintaining your trust by respecting and protecting your privacy. This Privacy Policy describes why and how we collect, use, share, and protect personal data collected from and about members, volunteers, donors, program participants, job applicants, and others – both online and offline. It also explains your choices regarding how we share your personal data and communicate with you, how you can request access to and correction of your personal data, and other important considerations.
We collect and use personal data from or about you to help us support our non-profit mission and serve our membership. We collect such data in various ways, including data you provide to us, data we collect by automated means, and data we collect from other sources.
Except as described in this Privacy Policy, we do not share your personal data with unaffiliated entities without your consent. We do share personal data with a limited number of Licensed Service Providers, which are unaffiliated entities that make available TIMELESS-branded products or services and/or discounts to TIMELESS members. These Licensed Service Providers are required to use the personal data only to offer, provide, maintain, and analyze the contracted products, services, or discounts.
We also occasionally share personal data with select, unaffiliated non-profit organizations for use in their own social missions.
We share personal data with vendors and social media networks we hire to provide services or perform business functions on our behalf, but these vendors are contractually required to treat the personal data TIMELESS provides as confidential, and to use the personal data only to provide the services TIMELESS has requested they perform on our behalf.
Finally, we may share personal data pursuant to legal requirements, as necessary to protect ourselves, our members or others, or in connection with a direct or indirect reorganization process, such as a sale, merger, consolidation or bankruptcy.
We use administrative, technical, and physical security measures designed to protect personal data against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use.
We strive to provide you reasonable choices regarding our collection, use, and sharing of your personal data. We provide you access to review and correct your personal data, provide you options regarding how we share personal data with third-parties including TIMELESS Licensed Service Providers and unaffiliated non-profit organizations, and provide you control over how we communicate with you, among other choices.
You may contact us at any time regarding these choices as follows:
This Privacy Policy applies to personal data, which we define as data that identifies, relates to, describes, references, is reasonably capable of being associated with, or can reasonably be linked, directly or indirectly, to an individual or household. This includes data such as your name, address, email address, phone number, and data that is linked to such personal data, (such as demographic data, TIMELESS passwords, payment data, device and usage data, and location data). This Privacy Policy does not apply to data that is not personal data or is not linked to personal data, including anonymous, de-identified, or aggregate data, which cannot reasonably be used to identify you – even when such data has been derived from personal data – and publicly available information (i.e., information that is lawfully made available from federal, state, or local government records).
Except as described below, this Privacy Policy applies to all operations of TIMELESS and each of its subsidiaries and affiliates, such as the STAY TIMELESS Foundation and TIMELESS VIP CLUB. (together “TIMELESS”). This Privacy Policy applies when you communicate with us by mail, email, phone, social media, or in person, including at TIMELESS events. This Privacy Policy also applies when you use TIMELESS websites or applications designed for smartphones, tablets, computers, and other devices (“apps”), except where an TIMELESS website or app points to a different governing policy or where a non-TIMELESS policy explicitly applies. You can find the governing privacy policy in our websites’ footers or in our apps’ menus or settings.
The collection and use of personal data (along with other kinds of data) is critical to the successful operation of most modern organizations – including TIMELESS. We collect and use personal data from or about you to support our non-profit mission and serve our membership, including to:
We may disclose your personal data to a third-party for a business purpose or sell your personal data (subject to your right to opt-out of those sales if you are a California consumer; see below in Your California Privacy Rights. When we disclose personal data for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal data confidential and not use it for any purpose except performance of the contract.
Except as described below, we do not share your personal data with unaffiliated entities (entities that are not owned or controlled by TIMELESS) without your consent. We may, however, share anonymous, de-identified, or aggregate data, which cannot reasonably be used to identify you – even where it has been derived from personal data. Similarly, we may share personal data lists that we purchase or rent from unaffiliated sources after we apply our data models as previously described. You may limit certain sharing of your personal data as described below in Your Personal Data Choices. We share your personal data with the following categories of third-parties for the following purposes:
TIMELESS may also share your personal data with other third parties as follows:
We use commercially reasonable administrative, technical, and physical security measures designed to protect personal data against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. Despite our safeguards, however, no website, app, or information system can ever be completely secure so we cannot guarantee that the use of our systems, websites, or apps will be completely safe or secure. For additional information on privacy, identity theft, and online security, please visit the U.S. Federal Trade Commission’s website.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using our websites and/or apps, or otherwise providing personal data to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our websites and apps. We may post a notice via our websites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.