Updated October 5, 2023
- DESCRIPTION OF SERVICES AND ACCEPTANCE OF TERMS
- PAYMENTS AND CANCELLATIONS
- USING THE SERVICES
- COPYRIGHTS AND TRADEMARKS
- USER CONTENT AND CONDUCT
- UNSOLICITED EMAIL
- LINKS TO THIRD PARTY SITES; THIRD PARTY SERVICES
- AGE RESTRICTIONS
- DISCLAIMER OF WARRANTY
- LIMITATION OF LIABILITY
- STATUTE OF LIMITATIONS
- CHOICE OF LAW VENUE
- MANDATORY ARBITRATION AGREEMENT
- ENTIRE AGREEMENT
- HOW TO CONTACT US
- DESCRIPTION OF SERVICES AND ACCEPTANCE OF TERMS.
- Taunton provides high-quality, high-value information to special-interest enthusiasts through print and online publications and products (the “Services”). Some of the Services do not require payment, while others require payment before you can access them (“Fee-Based Services”). Our Fee-Based Services include online memberships and online premium learning courses, as well as print subscriptions and bundles. In connection with the Services, Taunton operates several websites, including but not limited to FineGardening.com, FineHomebuilding.com, FineWoodworking.com, Threadsmagazine.com, and GreenBuildingAdvisor.com (collectively referred to herein as the “Sites”).
- Registration may be required to use or access certain Services, and/or certain features offered on the Sites. When registering an account for the Services or the Sites (“Account”), you must create a screen name and a password and provide only true, accurate, current, and complete information requested by the registration form (the “Registration Data”), and promptly update the Registration Data thereafter as necessary. You can update your Registration Data by contacting Customer Service Monday – Friday 8:00 AM to 4:30 PM Central Time at the telephone numbers and email addresses provided in the “How to Contact Us” section at the end of this document, or by logging into your account and modifying your Registration Data.
- By registering an Account, you:
- Represent that you are not barred from using the Services or the Sites under any applicable law and that you will be responsible for all activities that occur under your Account.
- Agree to monitor your Account to restrict its use by unauthorized users and agree not to share your Account or password with anyone.
- Agree to immediately notify Taunton of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. In the event of a breach of security not caused by Taunton’s negligent or willful actions, Taunton will not be liable for any unauthorized use of your membership until you update your Registration Data.
- Agree to not create an Account or screen name using a false identity or alias, use a screen name in which someone else has rights without authorization, or use a screen name that Taunton deems offensive.
- Acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Taunton.
- Taunton reserves the right to remove or reclaim any screen names at any time and for any reason. Failure to comply with this provision may, at Taunton’s option, result in immediate suspension or termination of your Account or your right to use or access Fee-Based Services.
- PAYMENTS AND CANCELLATIONS.
- 3.1 Billing. You may purchase a Fee-Based Service by (1) paying a subscription or membership fee in advance, which is disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service for a specific time period (“Pre-Paid Period”). You agree that you are financially responsible for your Fee-Based Services, and to the extent applicable, you agree to pay all fees or charges for your Fee-Based Services in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide Taunton with valid payment information in connection with your Fee-Based Services. By providing Taunton with your payment information, you agree that (1) Taunton is authorized to charge you for all fees due and payable to Taunton under your Account, and (2) Taunton is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). You further agree to immediately notify Taunton of any change in your payment information. In the event Taunton cannot charge your payment method, we will give you notice that your payment method is expired or otherwise not accepting the charge and ask that you update your payment information. If you do not provide us with a valid payment method, we reserve the right to suspend or terminate your access to the Fee-Based Services.
- 3.2 Changes to Pricing. Taunton reserves the right at any time to change its prices and billing methods, with advance notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling the Fee-Based Services prior to the price change going into effect.
- 3.3 Automatic Renewal and Cancellation. If you purchased a Fee Based Service that is subject to automatic renewal (“Auto-Renewal Service”), your Auto-Renewal Service will automatically renew for the term length you originally chose, except that an Auto-Renewal Service for residents of Georgia and North Dakota will be auto-renewed for no longer than a one-year term. We will automatically bill your payment method before the start of each new term until you cancel your Auto-Renewal Service or until we terminate it. You must cancel your Auto-Renewal Service at least thirty-one (31) days in advance before it renews in order to avoid billing of the fee for the next billing period. You may cancel your Account (if you created one), your Fee-Based Service, and/or your Auto-Renewal Service by contacting Customer Service at the telephone numbers and email addresses provided in the “How to Contact Us” section at the end of this document, in your account settings, or by clicking here. If you cancel your Auto-Renewal Service that renews on an annual basis, Taunton will refund the remainder of your paid annual fee on a pro-rata basis, which will cover the unused months of your Auto-Renewal Service. If you cancel your Auto-Renewal Service that renews on a monthly basis, no new charges will be made after cancellation. Taunton does not refund for partial months.
- 3.4 Miscellaneous Charges.In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Sites, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment, and any service fees necessary to access the Fee-Based Services.
- USING THE SERVICES.
- The Services, the Sites, and their respective content, including without limitation text, images, audio and video clips, software, and databases (collectively, “Content”) are the property of Taunton. Taunton grants you limited, non-exclusive, non-transferable, revocable permission to make personal, non-commercial use of the Content and Discussions (defined and described in Sections 6.1 below), provided that you comply fully with this Agreement. Taunton retains all right, title, and interest in and to the Content. You promise and agree that you are using the Content and the Discussions for your own personal, non-commercial use and that you will not transmit, transfer, or otherwise distribute any of the Content or Discussions. You further agree to not post, transmit, or otherwise distribute to the Sites (including without limitation any Forum) any material containing any solicitation of funds, advertising, or solicitation for goods or services. We encourage you to report any apparent violation to us by email: email@example.com.
- You further agree to not interrupt, or attempt to interrupt, the operation of the Sites in any way.
- Taunton reserves the right to terminate or suspend your use of any of the Sites or Services with or without cause at any time.
- COPYRIGHT AND TRADEMARKS.
- The Content is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
- You are responsible for ensuring that any material you post on a discussion forum — including but not limited to text, photographs, and sound — does not violate the copyright or any other personal or proprietary rights of any third party or is not posted without the permission of the owner(s) of such rights. The Sites and Services contain copyrighted and other proprietary information. You may not in any way use the Content from the Sites or Services for commercial or other unauthorized purposes, nor may you re-publish, re-transmit, distribute, or otherwise use material obtained through the Sites and Services, except as permitted by Taunton, by the U.S. Copyright Act, or other law. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Sites, Content, Services, or any portion thereof for any public or commercial use without the prior written permission of Taunton.
- You agree to not use any trademarks, service marks, logos, or other identifiers of Taunton without Taunton’s prior written permission. In addition, you may not use our trademarks:
- (a) in, as, or as part of, your own trademarks or those of any third parties;
- (b) to identify products or services that are not those created, developed, or owned by or licensed to Taunton;
- (c) in a manner likely to cause confusion; or
- (d) in a manner that implies that Taunton sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
- The Taunton Press and other related marks used on these Sites and Services are federally registered trademarks of Taunton.
- USER CONTENT AND CONDUCT.
- The following terms apply to content submitted by users and user conduct on the Sites and Services.
- 6.1 Discussions. Taunton may make available to users of the Sites email notices, newsletters, forums, message boards, bulletin board services, customer review services, or other interactive communication facilities or content by means of the Sites (collectively referred to herein as the “Discussions”) in which users may post or upload user-generated content, including, but not limited to, comments, photos, messages, or other materials (collectively, “User Content”). You are responsible for all the activity of your Account, whether by you or by any third party you’ve authorized to use your Account, including User Content posted through your Account.
- 6.3 Prohibited Materials and Activities.By using the Sites or submitting any User Content or participating in an interactive area within or in connection with the Sites, you agree to abide by the following rules of conduct:
- You agree to not disrupt or interfere with the Sites, or to alter or tamper with any information or materials on or associated with the Sites.
- You agree to use the Sites only for lawful purposes.
- You agree to not upload, post, or otherwise transmit any User Content that:
- Is obscene, indecent, harassing, threatening, pornographic, profane, sexually explicit, libelous, abusive, bigoted, or hateful.
- Constitutes SPAM or unauthorized advertising.
- Invades anyone’s privacy.
- Encourages conduct that would constitute a criminal offense.
- Otherwise violates any local, state, national, or international law, rule, or regulation.
- Is for commercial purposes or otherwise advertises or solicits for the sale of goods or services.
- Constitutes or contains false or misleading indications of origin or statements of fact.
- Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party.
- Causes injury of any kind to any person or entity.
- Infringes or violates the intellectual property rights, contract rights, or any other rights of any third party.
- Contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Any conduct that in Taunton’s sole determination restricts or inhibits anyone else from using or enjoying the Sites will not be permitted. Taunton reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason.
- 6.4 Civility and Expression of Ideas. Taunton encourages forum dialogs that include a wide range of viewpoints — there’s a wealth of knowledge available from forum members. It’s just as important to consider that this is a community with many opinions and preferences, so if you do not agree with another user’s post, by all means debate, but do not attack. Personal attacks are prohibited and are justification for temporary suspension and/or termination of your Account.
- 6.5 Monitoring. Taunton has the right, but not the obligation, to monitor User Content posted or uploaded to the Sites. Although Taunton has no obligation to monitor, screen, edit, or remove any of the User Content posted or uploaded to the Sites, Taunton reserves the right, and has absolute discretion, to screen, edit, and refuse to post, or remove without notice any User Content posted or uploaded to the Sites at any time and for any reason. The decision by Taunton to monitor and/or modify User Content does not constitute and shall not be deemed to constitute any responsibility or liability in any manner on the part of Taunton in connection with or arising from use by you of the Discussions on the Sites.
- 6.6 User Content is not endorsed or verified by Taunton. Taunton does not necessarily endorse, support, sanction, verify, or agree with the comments, opinions, or statements posted in Discussions or otherwise contained in the Sites. Any information or materials placed on the Discussions or the Sites, including advice and opinions, are the views of those who post the statements, and do not necessarily represent the views of Taunton. Moreover, Taunton assumes no responsibility for the accuracy or contents of any material posted.
- 6.7 Public Communications.You acknowledge and agree that any User Content made to or by means of any portion of the Sites are public. You acknowledge that:
- (a) you have no expectation of privacy in any public communication; and
- (b) no confidential, fiduciary, contractually implied or other relationship is created between you and Taunton by reason of your transmitting a public communication to any area of the Sites.
- UNSOLICITED EMAIL.
- You agree to not use the Discussions or any other area of the Sites to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service, which in any way involves the use of the Sites or any equipment owned or operated by Taunton in connection with the Sites. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
- LINKS TO THIRD PARTY SITES; THIRD PARTY SERVICES.
- AGE RESTRICTIONS.
- In order to use or access the Services, the Sites, or the User Content, you must (1) be 18 years of age or older, or 13 years or older and have your parent or guardian’s consent to (a) the Terms and (b) your use of the Services, the Sites, the Content, or the User Content, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. If you do not meet these restrictions, you may not access or use the Services, the Sites, the Content or the User Content.
- You hereby agree to indemnify, defend, and hold harmless Taunton and its officers, shareholders, employees, agents, owners, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors (collectively, “Affiliates”) from and against any and all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Terms; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Sites or Services; and (4) your violation of any law or the rights of a third party in connection with your use of the Services, the Sites, the Content, or the User Content.
- DISCLAIMER OF WARRANTY.
- LIMITATION OF LIABILITY
- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TAUNTON OR ITS AFFILIATES, BE LIABLE TO YOU FOR: (1) ANY PERSONAL INJURY OR DEATH, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION; OR (2) ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE CONTENT OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE CONTENT, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, MATERIAL, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU ASSUME ANY AND ALL RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE INHERENT IN USING OR PARTICIPATING IN ANY OF TAUNTON’S SERVICES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TAUNTON AND ITS AFFILIATES FOR ANY CLAIMS RELATED TO THE SERVICES, SITES, CONTENT, AND/OR THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO ACTUAL DAMAGES RESULTING FROM TAUNTON’S INTENTIONAL OR NEGLIGENT CONDUCT.
- YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TAUNTON OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TAUNTON AND ITS AFFILIATES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
- TAUNTON DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITES, YOU ACKNOWLEDGE AND AGREE TO TAUNTON’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITES.
- LIMITATIONS PERIOD.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITES, CONTENT, THESE TERMS, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENT. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 15 (ARBITRATION AGREEMENT), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.
- CHOICE OF LAW AND VENUE.Governing Law/Jurisdiction.
- The Agreement (and any non-contractual disputes and/or claims arising out of or in connection with it) is subject to the laws of the state of Connecticut, United States of America, without regard to choice or conflicts of law principles. Further, you and Taunton agree to the jurisdiction of a state or federal court in the state of Connecticut to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes and/or claims relating to or arising in connection with it) and is not subject to mandatory arbitration under Section 15.
15.1 Any dispute, controversy, or claim between us arising out of or relating in any way to your digital/online membership or print subscription 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. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement. 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 30 days before beginning an arbitration proceeding, you must send an individualized letter, personally signed by you, identifying yourself by full name and contact information, your legal claims in sufficient detail, the requested relief and requesting arbitration to Legal Department, The Taunton Press, Inc., 63 South Main Street, Newtown, CT 06470 by certified mail, Federal Express, UPS or USPS express mail (signature required). 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 address. Either party may elect to engage in a video-conference with the other, with their attorneys if they so choose, within the 30-day pre-arbitration period to discuss informal resolution of the matter. Such election shall occur in writing, and the other party may not refuse such conference once elected. Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available at www.adr.org . You and we agree to delegate the issue of arbitrability to a court of law. Payment of administration and arbitrator fees will be governed by the AAA’s rules, except all of 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, Taunton may seek its attorney’s fees and costs if the arbitrator(s) finds your claims 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. This arbitration agreement will survive termination of the agreement. Notwithstanding anything in Section 19 below regarding Severability, if any part of this Arbitration provision is found to be void or unenforceable, then the entire arbitration provision shall be voided with no force or effect.
15.2 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, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; 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.
15.3 Enforceability. If this Arbitration Agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction and venue described in Section 14 shall govern any claim in court arising out of or related to the Agreement.
15.4 Jury Trial and Small Claims Court. 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.
In addition to any other rights of the parties set forth herein, either you or Taunton may terminate this Agreement at any time by cancelling your Account or Services, except that the Arbitration Agreement in Section 15 of this Agreement is severable from and shall survive termination. Taunton also reserves the right to restrict, suspend, or terminate your access to any of the Fee-Based Services in whole or in part, without notice, due to any breach or threatened breach by you of any portion of this Agreement.
17.1 To the Terms. Taunton may make changes to these Terms from time to time. You should look at these Terms regularly, which are posted on each of the Sites. If we make a material change to these Terms, we will notify you by email or by posting a notice on each of the Sites. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
17.2 To the Sites. Taunton has the right to modify, suspend, or discontinue the Services and the Sites or any portion thereof at any time, including the availability of any area of the Sites, including without limitation the Fee-Based Services. Taunton may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability.
Other than as stated in this section or as explicitly agreed upon in writing between you and Taunton, the Agreement constitutes all the terms and conditions agreed upon between you and Taunton and supersedes any prior agreements in relation to the subject matter of the Agreement, whether written or oral.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- If you have any questions concerning the Sites, the Services, or the Agreement, please contact Taunton Customer Service, as follows:
- For Taunton Press magazine subscriptions and online memberships:
PUBLICATION PHONE # Green Building
firstname.lastname@example.org USA and Canada customers: 800-943-0253
Fine Homebuilding email@example.com USA and Canada customers: 888-304-6044
Fine Woodworking firstname.lastname@example.org USA and Canada customers: 866-452-5141
Fine Gardening email@example.com USA and Canada customers: 866-288-4167
Threads firstname.lastname@example.org USA and Canada customers: 866-288-4241
For Customer Service FAQs:
For products purchased through the Taunton Store (www.tauntonstore.com):
The Taunton Press, Inc.
P.O. Box 37610
Boone, Iowa 50037-0610 USA
Attention: Customer Service
USA and Canada customers 1-866-325-2495
International customers +1 515-247-2990