Effective: September 21, 2020
Thanks for visiting CommonTom. We want everyone thrive, and we think we can play a little part in helping people get a little bit better, every day.
These Terms and Conditions (“Terms”, “Terms and Conditions”) apply to your access and use of the CommonTom website (“Service”) operated by CommonTom (“Us”, “We”, or “Our”). Your access and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Our Privacy Policy explains how we collect and use your information while our Rules outline your responsibilities when using our Service. By accessing the Service you’re agreeing to be bound by these Terms and our Rules. Please see our Privacy Policy for information about how we collect, use,share and otherwise process information about you.
If you disagree with any part of the Terms then you may not access the Service.
If you have any questions about these Terms and Conditions or our Services, please contact us at CommonTom@Outlook.com
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of CommonTom and its licensors. The Service is protected by copyright, trademark and other laws of both Australia and foreign countries. Our trademarks and trade dress may not beused in connection with any product or service without the prior written consent of CommonTom. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by CommonTom. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that CommonTom shall not be responsible or liable for, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external web sites do not imply our endorsements of those websites. You acknowledge and agree that when you access other web sites on the internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
Termination
You are free to stop using our Service at any time. We reserve the right to suspend or terminate your access to the Service with or without notice.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Rules. Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, inducing, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection to a termination or suspension. If applicable law requires us to provide notice of termination or suspension, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
We may stop providing the Services or any of its features within our sole discretion.
Indemnification
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including by not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless CommonTom, and our officers, directors, agents, partners and employees (individually and collectively, the “CommonTom Parties”) from and against any losses, liability, claims, demands, damages, expenses or costs (“Claims”) arising out of or in relation to your violation, misappropriate or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of CommonTom in providing the Services.
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event will we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibly of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
CommonTom and its subsidiaries, affiliates, and it’s licensors do not warrant that:
(a) the Service will function uninterrupted, secure or available at any particular time or location;
(b) any errors or defects will be corrected;
(c) the Service is free of viruses or other harmful components; or
(d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk, We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for the consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements that we might have between us regarding the Service. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation”.
Other Terms and Policies that May Apply to You
CommonTom Community Rules
Privacy Policy
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will endeavour to provide at least 30 days notice prior to any new terms taking effect. Ot os your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to the Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Disclaimer
The information contained on the CommonTom website (the “Service”) is for general purposes only. CommonTom assumes no responsibility for errors or omissions in the contents on the Service.
In no event shall CommonTom be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether ion an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the content of the Service. CommonTom reserves the right to make additions, deletions, or modifications to the Service at any time without prior notice.
Finance disclaimer
CommonTom is a community blog post and is designed for entertainment purposes only. The information contained on this site is general in nature and does not take into account your personal financial situation. It does not constitute formal financial advice. You should always seek personal financial advice that is tailored to your specific needs.
Affiliate Disclaimer
CommonTom may, from time to time, post promotional links and affiliated products from which the owner of CommonTom may receive compensation. Should you click on an affiliate link and/or purchase a product or service that was recommended by CommonTom, it is understood that some form of compensation might be made to the owner of CommonTom.
Some of the links are “affiliate links”, a link with a special tracking code. This means if you click on an affiliate link and purchase the item, we may receive an affiliate commission. The price of the item is the same whether it is an affiliate link or not. Regardless, we only recommend products or services we believe will add value to our readers.
By using affiliate links, you are helping support the Service, and we genuinely appreciate your support.
Fitness Disclaimer
The Service offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you hae any concerns or questions about your health, you should always consult with a physician or other health-care professional.
Do not disregard, avoid or delay obtaining medical or heath related advice from your health-care professional because of something you may have read on the Service. The use of any information provided on the Service is solely at your own risk.
External links Disclaimer
CommonTom may contain links to external websites that are not provided or maintained by or in any way affiliated with CommonTom.
Please note that CommonTom does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Contact Us
If you have any questions about these Terms, please email us at CommonTom@outlook.com
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