Please read these terms and conditions of use carefully before using this site.
Terms and Conditions of Use Notice
Welcome, and thank you for your interest in Family Handyman Insider (the “Program”), which is operated by RDA Digital, LLC (“Company”, “we”, “our” or “us”) at the web site located at insider.familyhandyman.com and related mobile applications and services (the “Website” or “Site”). These Terms are a legal contract between you, an individual subscriber, customer, member, or user (“you”), and Company regarding your use of the Site, your subscription with Company (the “Subscription”), and any other services provided by us through the Site (collectively, our “Services”). Visitors and users of the Site are referred to individually as “User” and collectively as “Users”.
About the Program
Company has the right to modify the Program and any other Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Company in providing its Content or Services is to cancel your order or stop using our Services. Company reserves the right to discontinue the Site, the Program and any other Services at any time.
You may only register for a Family Handyman Insider account and purchase our products if you are at least 18 years old. When you register for an account, you represent and warrant that (1) you meet such age requirement, (2) all of the information you provide is accurate, current and complete, (3) you will be solely responsible for all transactions that take place using your account, (4) you will be solely responsible for maintaining the secrecy and security of your account and password and (5) you have the right, capacity and authority to be bound by these Terms. We reserve the right to refuse service, terminate your account, or cancel your orders in our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
Your Account, Billing and Automatically Renewing Services
Purchasing our products or Services. Please refer to the applicable offer for a description of our current Subscription plans and pricing. Any terms and conditions of any offer disclosed to you when accepting an offer are deemed part of these Terms.
Registration. By registering and becoming a Subscriber, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Subscription and refuse any and all current or future use of the Site and the Program (or any portion thereof). Registration is currently available only to U.S residents.
Contact Information. Please keep your contact information up to date as you are solely responsible for any contact information you provide to us. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes either a purchase or inquiry and establishes a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law.
Subscription Charges; Recurring Billing. You will be charged for your Subscription using the billing information you provide at the time of enrollment (your “Billing Account”). By enrolling in the Program, you authorize your Billing Account to be charged the fees then in effect for the Program on a recurring basis without any further authorization from you. The term of your Subscription is continuous. Your non-termination or continued use of the Program constitutes your authorization for your Billing Account to be charged in accordance with and at the frequency (e.g., weekly, bi-weekly, monthly, quarterly, yearly) identified at the time of enrollment. We reserve the right to correct any errors or mistakes contained in your Billing Account information and to update your Billing Account information from available third-party sources. The terms of your payment may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen payment method (your “Payment Method Provider”). If Company does not receive payment from your Payment Method Provider, or we are advised of insufficient funds in your account or credit to cover your payment we may re-present such un-cleared or rejected payment, or the amount due in partial increments, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. In the event we cannot charge the payment method you provide, we reserve the right to suspend or cancel your Subscription and invoice you for any unpaid amounts.
Current Billing Information Required. You must promptly notify Company if your payment method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the payment method you provided.
Free Trial or Introductory Promotional Offer. If you enrolled for Subscription under a special introductory offer (e.g. , a discounted or free trial), you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular fee for the Services you selected will be posted to your payment method after the introductory offer or trial period is completed. We reserve the right to limit any introductory or trial offer to one per person/household.
Cancelation. To adjust your Subscription preferences, please email one of our Customer Service representatives at [email protected] Your Subscription can be canceled at any time via the Site by clicking on “ACCOUNT”. From there, you can see the details of your subscription and cancel at any time. You may also cancel or adjust your subscription through telephone by calling 800-508-4270. To use the toll-free telephone option, you will need to have your Subscription number. This may be found in the “ACCOUNT” section on the website or in many of the email correspondence you have received or will receive from us. Unless canceled, your Subscription will be automatically extended as described above. If you cancel an annual Subscription, you may continue to access your Subscription products or benefits until the end of your current term, and you will not receive a refund. Your Subscription will not be renewed after your then-current term expires. If your enrollment includes a trial period and you choose to cancel your Subscription within your trial period, you will continue to have access to your Subscription products or benefits for the remainder of your trial period.
Change in Fees for Recurring Charges. Company reserves the right to change the fees for Subscription in the Program and will provide no less than 30 days’ notice of any increase prior to your being charged the new rate.
Unavailable Products or Services. If any product or service included in your Subscription is discontinued or otherwise becomes unavailable, Company reserves the right to (i) substitute such product or service with a similar product or service or (ii) issue you a pro rata refund with respect to such product or service.
No Binding Offer. Nothing on the Services constitutes a binding offer to sell, distribute or give away any products or services. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, even after your receipt of an order confirmation or after you have been charged. Any prices displayed on the Services are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event any products or services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit.
User Conduct and Materials
This Website may include discussion forums or other interactive areas, including, but not limited to, bulletin boards, chat rooms, forums and recipe storage and exchange areas (the “Interactive Areas”). All such Interactive Areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to, and your use of, such Interactive Areas of this Website. You agree not to do any of the following on or through the Website:
- Upload, post, email, transmit, distribute or otherwise publish or make available any recipe, message, information, text, image, photo or other material (“User Material”) that we deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Without Company’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, commercial messages, advertising or solicitations for funds, goods or services, including junk mail, spam, chain letters and using our Email-a-Friend service to send any unwanted messages;
- Harm minors in any way;
- Upload, post, email, transmit, distribute or otherwise publish or make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, email, transmit, distribute or otherwise publish, make available or disclose the private or personal information of any third party; or
- Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Material posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations or User Material provided by its users in any public forum, personal home page or other Interactive Area.
I. Copyrights; Limited License
You are granted a limited, nonexclusive right to create a hyperlink to any page of this Website, provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without Company’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Third-Party Content & Services
Company may provide third party content on the Website and may provide hyperlinks to sites and content of third parties (collectively the “Third-Party Content”) as a service to those interested in this information. Company does not monitor nor does Company have control over any Third-Party Content. Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Company does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Company may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Website.
By submitting any recipe, review, photograph, joke, image, “favorites” list, story, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a “Submitted Item”) to Company, either online or offline, or in connection with a contest entry or, and whether or not solicited by Company, you hereby acknowledge that such Submitted Item is not confidential and you hereby grant to Company and its affiliates, partners and licensees an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party. Each Submitted Item is also subject to such other terms and conditions as Company may specify for particular submissions.
You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item, and its use by Company as contemplated herein, does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You further represent and warrant that you have attained the legal age of majority in your state/province (18 in most states/provinces). Parent or guardian must submit on behalf of any minor. You will take, at Company’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Company to effect, perfect and confirm the license granted to Company to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Company and Company is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by Company, we will include your name in conjunction with such publication, posting or use. By submitting a Submitted Item, you hereby grant Company the right to use your name in connection with the publication, use or posting or other use of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT AND ANY SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Company reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.
Limitation of Liability
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE CONTENT OR SERVICES CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
Screening, Removal and Disclosure
Although Company has no obligation to screen, edit or monitor any of the User Material posted in any Interactive Area, Company reserves the right to, at our sole discretion, monitor, screen, remove, take down, edit, move, destroy or delete any User Material and Submitted Items at any time and for any reason or no reason without notice, including, but not limited to User Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the Website at your sole cost and expense. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Company reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any User Material and Submitted Item. Company also reserves the right, at any time in its sole discretion, and without notice, to discontinue the Website or any features or services available through the Website. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the Website at your sole cost and expense.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Company not to permit materials known by Company to be infringing to remain on the Site. You should notify Company promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon Company receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Company will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please contact the representative listed at the bottom of this section for copyright infringement notices only.
To provide notice of claimed copyright infringement only:
Trusted Media Brands, Inc.
44 South Broadway, 7th floor
White Plains, NY 10601
It is the policy of Company to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
If you have any questions about this legal notice, the practices of this Website, or your dealings with this Website, please email us at [email protected]
Apple App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using an App from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the Apple App Store.
- Scope of License: The license granted to you for each App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Warranty: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
- Product Claims: Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This provision does not limit Company’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights: Company and you acknowledge that, in the event of any third party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: Company’s contact information for any end-user questions, complaints or claims with respect to any App is RDA Digital, LLC, 1610 North 2nd Street, Suite 102, Milwaukee, WI 53212, attn: Family Handayman Insider or email us at [email protected]man.com.
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using any App.
Policy Posted March 2019