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YANKEE PUBLISHING WEBSITE TERMS OF USE

Effective Date: May 1, 2024

These Terms of Use (these “Terms”) apply to all content and information available within our website available at https://ypi.com/ as well as any other websites and online services that are operated and controlled by us from which you are accessing these Terms, including but not limited to https://www.almanac.com/, https://familytreemagazine.com/, https://newengland.com/ and https://yankeecustommarketing.com/ (collectively, the “Site”). These Terms are a binding legal agreement between each user of the site (“You”) and Yankee Publishing, Inc. and our affiliates and subsidiaries (“Yankee Publishing,” “we,” “us,” and “our”).

AUTOMATICALLY RENEWING SUBSCRIPTIONS

PLEASE SEE SECTION 7 OF THESE TERMS FOR TERMS RELATING TO AUTOMATICALLY RENEWING SUBSCRIPTIONS.

BINDING ARBITRATION

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND YANKEE PUBLISHING MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CERTAIN CLAIMS YOU HAVE AGAINST YANKEE PUBLISHING TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 15 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE CERTAIN DISPUTES WITH YANKEE PUBLISHING ONLY ON AN INDIVIDUAL (AND NOT CLASS) BASIS.

Please review THESE TERMS carefully. By using THE Site, you acknowledge that you accept the TERMS set forth herein. If you do not accept such TERMS, you may not access the Site.

CLASS ACTION WAIVER

THESE TERMS ALSO CONTAIN A CLASS ACTION WAIVER THAT REQUIRES ANY CLAIMS NOT SUBJECT TO ARBITRATION AND BROUGHT IN COURT BE ONLY BROUGHT ON AN INDIVIDUAL AND NOT CLASS BASIS.

1. Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. Unless otherwise indicated, we may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We will provide notice of any material changes. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

2. Privacy

Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site.

3. Intellectual Property

The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

4. License

Yankee Publishing grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Yankee Publishing.

5. Links to External Websites and Online Services

Our Site may contain links to third-party websites and online services. Any access to and use of such third-party websites and online services is not governed by this Privacy Policy but is instead governed by the privacy policies of those third-party websites and online services, and we are not responsible for the information practices of such third-party websites and online services.

 

6. Purchases

All products offered for purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice. Any Yankee Publishing publication concerning our products may include inaccuracies or typographical errors. Yankee Publishing shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Yankee Publishing may make improvements and/or changes in the products described in these publications at any time without notice.

Yankee Publishing may reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Yankee Publishing, payment must be received by Yankee Publishing prior to acceptance of an order. Notwithstanding the foregoing, Yankee Publishing may in our sole discretion choose not to charge your credit card until your order has been shipped. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.

You understand that Yankee Publishing may change prices at any time, at our sole discretion and Yankee Publishing reserves the right to change such prices at any time to correct errors or to comply with applicable laws.

You understand that products purchased by you and shipped to your designated location in the U.S. may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as a separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products.

Payment will be processed by Yankee Publishing’s independent third-party payment processor, using the payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.

Certain features of the Site, including placing orders, may require you to pay fees to Yankee Publishing or our third-party vendors, including, but not limited to, service fees and surge fees. Yankee Publishing may change the fees at any time as we deem necessary or appropriate for our business. You acknowledge and accept that a fee will be charged and you agree to pay such a fee.

7. Automatic Renewals

If your purchase is subject to an automatic renewal (“Auto-Renewing Subscription”), you will be notified during the order process. Auto-Renewing Subscriptions will continue and automatically renew at the end of the initial term, and you will be charged the Auto-Renewing Subscription fee (the renewal rate then in effect) on an automatically recurring basis, depending on your chosen Auto-Renewing Subscription, until you cancel or the account is otherwise suspended pursuant to these Terms. You must have Internet access and provide us with one or more payment methods. You acknowledge that the Auto-Renewing Subscription fee billed may vary due to promotional offers, changes in your Auto-Renewing Subscription, and changes in applicable Taxes, and you authorize us to charge your payment method for the corresponding amounts. If Yankee Publishing changes the Auto-Renewing Subscription fee or other charges for your Auto-Renewing Subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable Taxes.

The length of the automatic renewal term is dependent on your chosen Auto-Renewing Subscription and will be set forth on the order page. Before the end of the initial term and before your Auto-Renewing Subscription renews, you will receive a renewal reminder notice.

You may cancel at any time through your account settings. To cancel your Auto-Renewing Subscription on: The Old Farmer’s Store, please click here to log in; Family Tree Shop, please click here to log in.

You must cancel your Auto-Renewing Subscription at least seven (7) days in advance before the renewal charge date in order to avoid billing of the Auto-Renewing Subscription fees for the next billing period to your payment method. If you cancel your Auto-Renewing Subscription, cancellation will be effective at the end of the current automatic renewal period. This means that you will have continued access to your Auto-Renewing Subscription for the remainder of that period, but you will not receive a refund.

8. User Accounts

You may register an account on the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Yankee Publishing has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Yankee Publishing has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. Yankee Publishing will not be liable for losses, damages, liability, expenses, and fees incurred by Yankee Publishing or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

9. Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
  • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site; or
  • Otherwise attempt to interfere with the proper working of the Site.
10. User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site including any ideas, comments, suggestions, feedback, data or the like (“Communications”) will be considered non-confidential and non-proprietary. Yankee Publishing will have no obligations with respect to the Communications. Furthermore, you hereby assign to Yankee Publishing all intellectual property rights, and waive any moral, publicity or similar rights you have in any Communication. By submitting the Communication to Yankee Publishing, you agree Yankee Publishing is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Yankee Publishing and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

11. Copyright Policy

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 in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Yankee Publishing a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
  3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Yankee Publishing to locate the material on the Site;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement 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 penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Yankee Publishing a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to the contact address set forth at the end of these Terms.

12. Additional Terms for California Residents

User Complaints
Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

13. Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY YANKEE PUBLISHING ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YANKEE PUBLISHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL YANKEE PUBLISHING OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY PRODUCTS PURCHASED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any products purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. 

14. Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

15. Disputes
  1. Any dispute, controversy, or claim between us arising out of or relating in any way to any transaction conducted with Yankee Publishing, such as making a purchase, including an Auto-Renewing Subscription, or creating an account, will be resolved by binding arbitration, rather than in court, except that you or we (1) may assert claims in small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. You and Yankee Publishing agree to waive your right to assert or participate in a class action lawsuit or class-wide arbitration and any trial by jury. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement. The arbitrator shall decide the substance of all claims in accordance with the laws of New Hampshire, without regard to any conflict-of-law rules.. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized, personally signed letter identifying yourself, your legal claims, the requested relief and requesting arbitration to Yankee Publishing Inc, Office of the President, 1121 Main Street, PO Box 520, Dublin NH 03444 by certified mail, Federal Express, UPS or USPS express mail (signature required). You must personally sign this Notice for it to be effective. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known email address. Except as otherwise stated herein, the arbitration will be conducted by the National Arbitration and Mediation (“NAM”)under its rules, including the NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement shall be for a court of competent jurisdiction to decide The NAM’s rules are available at www.namadr.com, emailing customerservice@namadr.com, or by calling 1-800-358-2550 . Payment of all filing, administration, and arbitrator fees will be governed by the NAM’s rules, except the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, Yankee Publishing may seek all of its fees associated with the arbitration that it paid or otherwise would be obligated to pay, including attorney’s fees and costs, from the other if the arbitration finds your claim(s) to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If the NAM is unable or unwilling to perform its duties, the parties shall mutually agree on an alternative administrator. This arbitration agreement will survive termination of the agreement.
  2. Class Action Waiver. We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, collective, joint, consolidated, or representative action. Therefore, you waive all rights to bring or participate in claims on behalf of a class of persons in arbitration or in court; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.
  3. Severability. This section 15 is not subject to severability. If any court or relevant authority decides that any part of this section 15 is void or unenforceable, then the entire section 15 shall be voided with no force or effect.
16. Jury Trial Waiver

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

17. Forum Selection and Choice of Law

These Terms shall be governed by the laws of New Hampshire without regard to its conflicts of law rules, and you irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Cheshire County, New Hampshire in respect of any disputes arising under or in connection with these Terms. Any dispute arising out of

or relating to the Terms shall be brought exclusively in state or federal court in Cheshire County, New Hampshire unless the parties mutually agree elects otherwise.

18. Limitations

Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

19. Severability

Unless otherwise stated, each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

20. Miscellaneous

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

21. How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at privacypolicy@yankeepublishing.com