TERMS USE AGREEMENT FOR EXPLORINGTHEPAST.NET
LAST UPDATE: July 1, 2023
BINDING EFFECT
This agreement (“Agreement”) is a binding agreement between you (“you,” “your”) and Louis Hatchett (“Company,” “I,” “we,” “my,” and “our”) dba www.ExporingThePast.net (the “Site”). Please read the following information carefully to understand our practices regarding your use of this Site. I may change the terms of this agreement at any time. I will inform you of the changes to the terms using the available means of communication or post an update notice on this Site.
This Site contains public information, articles, videos, audio files, images, data, text files, links, messages and communication forms (collectively referred to as “Content”). In addition to editorial services provided by Louis Hatchett (“Services”). You agree to abide by these terms of use, as the Company may amend them from time to time in its sole discretion.
My Policy on Children
This Site is not directed to children under 18, but it is safe for all children and adults. If a parent or guardian becomes aware that his or her child has provided us with information without their parent’s or guardian’s consent, please contact me using my private contact form on the Contact Louis Hatchett page under the Support Menu. I will respond ASAP and delete such information from my records as soon as reasonably practical.
In order to purchase the information and products sold on this Site you must be 18 (eighteen) years old or older. If you are under 18 (eighteen) years old, you need the permission of a parent or guardian before you can make a purchase and enter into this agreement. YOU AGREE THAT BY USING THIS SITE AND PURCHASING ANY PRODUCTS SOLD ON THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, OR HAVE THE PERMISSION OF A PARENT OR GUARDIAN TO ENTER INTO THIS LEGAL AGREEMENT.
1. PRIVACY AND COOKIE POLICY
We respect your privacy and provide an easy method that permits you to control the treatment of your personal information. A complete statement of our current privacy and cookie policy can be found on our website at: www.ExploringThePast.net/privacy-policy.
The Company’s privacy and cookie policies are expressly incorporated into this agreement by this reference. Our privacy policy explains to you how we process information about you. When you are required to submit information to use or access this Site, Content or Service, you must complete the registration process by providing the information requested on the form. By submitting your personal information you agree to the terms in Company’s privacy and cookie policies regarding the use of the information you submit.
Data Protection Officer
Louis Hatchett, 1238 Taransay, Henderson, KY 42420 USA. Contact me by mail or use the Contact Louis Hatchett page on this Site.
2. COLLECTION OF PERSONAL INFORMATION
User Generated Data, Comments and Registrations
I Do Not allow anyone to share comments on this Site.
I Do Not allow anyone to register to gain access to our website user database.
I do not allow these features in order to add an extra layer of security to this Site and prevent hackers and spammers from collecting private information or uploading destructive scripts and programs.
I use a third-party company and their secure server for managing all email newsletter communications. The membership application and my private contact form I use on this Site collects and stores your personal data in a database on a private secure server that does not have direct access to the internet.
This Site does not require anyone to register or become a member in order to view the public articles, audio files and videos on this Site.
Membership Registration
However, if you want to purchase of any Featured Products that we offer on the Site, we require you to complete a registration form to become a member. Membership is Free.
I use a membership application that provides an extra level of security to protect your personal information. The membership application is not connected to or use the user database of the Site’s content management system.
The only information I require for membership is your Name, Email Address, a Username and Password. We request your Mailing Address, Country and Phone, but they are not required unless you purchase a physical product that must be shipped to your address. Your personal information and your transaction history is stored securely in a database on a private secure server. We do not store any of your personal information and/or email communications in any document on our website.
If you register as a member of this Site, I keep your membership information for as long as you remain a member. You can edit your information and cancel your membership account at anytime by visiting the Members Dashboard.
IMPORTANT: If you delete your Membership Account, you will not be able to purchase any products offered on this Site, view your Purchase History and Request New Downloads of your previous digital file purchases. All of your personal data will be deleted from our database including your purchase history and available downloads of all digital products you have purchased. All limited product warranties will be deleted. If a digital product you have purchased gets damaged we will not be able to verify your previous purchase and you will be required to purchase the product again.
3. DIRECT PAYMENT PROCESSING FOR PURCHASES
I only use PayPal.com for all credit/debit card transactions to guarantee your security and privacy. A PayPal.com account is not required to make a purchase. PayPal.com offers secure financial transactions on its website equal to the security of online banking at any financial institution.
Therefore, I DO NOT receive, collect, manage or store any of your personal credit card information when you purchase a featured product on this Site. The privacy of your personal financial information is protected by PayPal.com using the same security protocol as your bank. Please read the Privacy Policy on PayPal.com for more information.
After you complete your purchase, PayPal.com will email you a receipt. PayPal also sends us a confirmation of your purchase which allows us to verify the product(s) and/or service(s) you purchased. Our shopping cart system provides immediate access for you to download the digital products you have purchased. Our shopping cart will also email you a receipt with details of your purchase and instructions concerning shipping and/or digital delivery process.
The personal information I collect to complete your order is never shared with any third-party entity or Company employees. I am solely responsible for the use, storage and security of your personal data while you are a customer or registered member. You may be required to confirm your email and/or update your personal information once a year in order to preserve your privacy.
Your Membership ID Username or Email Address and Password is required to login to protected areas of our website reserved for Members Only Access. Your Name will be used to identify you on our website and your email address will also be used to inform you about the status of your purchase, provide easy access for digital downloads, receipts for transactions, updates to our website and member only communications. Your action of registering as a member confirms your agreement to receive email communications from the Company.
All email communications from the Site are handled by a secure email management application under the direct supervision of Louis Hatchett and/or with a designated paid employee. We will never send you an email and ask you to provide any of your personal information via email. If you need to reset your password, you are requied to go to our website and select Reset Password under the Member Login Tab on our Menu. If you want to update your information, go to the Members Dashboard under the Member Login Tab on our Menu.
When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may at anytime refuse or cancel service, terminate your account, and remove or edit your content in the Members Dashboard.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). The Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or limit access to your member’s account.
You will be able to change your password and other contact information in the Member’s Dashboard on our Site.
4. SERVICES
The purpose of this Site is to provide free access to historical audio recordings, videos, articles, research, opinions, comments and conversatons with people who have expertise in historical events. The information on this Site is for your education and entertainment. Access to the videos, audio files and articles on the Site are free.
Exploring The Past is a production of Louis Hatchett and independently owned by Louis Hatchett. The opinions and insights expressed on this website are the viewpoint of Louis Hatchett and/or the authors of respective articles and videos.
How I Make Money on This Site
In order to be transparent on how I make money on this website and to conform with the Federal Trade Commission’s guidelines, please read the following notice concerning our Featured Products and our Affiliate Disclosure below.
Direct Sales of My Featured Products in Our Online Store
I provide “Featured Products”, in the form of digital documents, audio files and videos, and make them available for purchase in our Online Store. You are required to register as a member before you can purchase any product or service on this Site.
Affiliate Income Disclosure
I also feature links to many of the artists, writers and performers audio recordings, videos and books that provide additional information that may be of interest to the viewers of this Site. I may receive compensation from the companies whose products I review on this Site and recommended. I also receive a small commission when you purchase a recommended product from a third-party website. However, I test and/or evaluate each product or service and only recommend what I believe to be the beneficial to my viewers.
If you see a link to a featured product on this Site you can assume that if you make a purchase, I will receive a small commission on the sale.
Amazon Associates Program
Louis Hatchett and ExploringThePast.net is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to Amazon.com.
Here’s How Amazon.com and other Affiliate Sites Works
If you click a product link or button (e.g. Buy from Amazon.com) on this Site, you will be redirected to Amazon.com. If you purchase any product within 24 hours, I will receive a small commission on your purchase. I will also make a commission if you click a link on this Site, add the product to your Amazon.com shopping cart, and you purchase the product within 90 days.
If you go to Amazon.com or any other third-party website directly, I do not earn a commission.
Third-party affiliate websites like Amazon.com allows me to make money and support this Site AT NO ADDITIONAL COST TO YOU.
If you enjoy the audio files, videos and music and want to help support this Site, here is what you can do.
1. Before you go to Amazon.com or any third-party website listed below, please visit this Site first.
2. Search for the product(s) you desire or those you frequently purchase every month, using our Search Amazon.com page or ad banner at the bottom of every post.
3. When you find the product you want, click the Buy from Amazon.com or More Information link and you will be transferred to Amazon.com.
4. Purchase any product on Amazon.com within 24 hours, or add it to your Amazon.com shopping cart for purchase at a later date.
If you follow this procedure for the items you are going to purchase anyway, you will be supporting this Site without any extra cost to you.
Trusted Third-Party Affiliate Websites with Links on This Site:
www.Amazon.com
Third-party affiliate websites have different privacy polices. I recommended that you read their privacy policy and terms of use before you make a purchase or share your personal data with their website.
I do not receive, collect or store any of your personal information when you purchase a product on any third-party website.
Links to Other Websites
This Site may include links to other websites, applications, and social media platforms (“Linked Sites”).
I do not control the actions of Linked Sites, and shall not be responsible for their content and materials. I give you the option to use these links as a convenience and to provide the functionality or services on this Site.
Amazon.com and other Linked Sites provides their own payment processing services. We do not receive or collect any of your personal financial information that you share with Amazon.com or any other Linked Site. For details on how Amazon.com and any other affiliate websites handles your privacy, please visit the respective website.
Other third party Linked Sites may provide specific functions and features that we use on our Site:
5. PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use this Site from one device in accordance with the terms of use agreement.
You shall not use this Site for unlawful or prohibited purpose. You may not use this Site in a way that may disable, damage, or interfere in this Site.
All content present on this Site includes text, code, graphics, logos, images, compilation, software used on this Site (the “Content”). The Content is the property of Louis Hatchett or the paid contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of this Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
You are prohibited from using any membership services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of this Terms of Use Agreement.
It is against U.S. law to use any form on this Site to redirect content and upload scripts or computer code that can destroy data or disrupt services. Any action that causes damage to this Site or to redirect traffic and/or email is an act of terrorism and the IP address of the individuals responsible will be reported to Homeland Security and the FBI.
6. THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your personal data, comments, testimonials, suggestions and/or questions (herinafter referred as “Content”) while using any form on this Site, you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content. No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
7. DISCLAIMER OF CERTAIN LIABILITIES
The information available via this Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on this Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantable, or fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of this Site in the context of the inability or delay to enjoy this Site or its services, or for any Content of this Site, or otherwise arising out of the enjoyment of this Site, based on contract and non-contract liability or other reason.
Louis Hatchett and the Site’s agents, employees and representatives shall not be liable for a failure or delay to fulfill its obligations for contracted services where the failure or delay is the result from any cause beyond the Company’s reasonable control; including technical failures, natural disasters, blockages, embargoes, riots, acts of violence, curfews, COVID lockdowns, hacker attacks, terrorist acts, war, electrical grid failure, internet failure, data storage failure, audio and/or video storage and delivery failure, website hosting failure, phone and email service failure, government regulations, legislation, orders of government, earthquakes and natural disasters, or any other force outside the Company’s control.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Louis Hatchett, the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy this Site or its services and Company’s services and products, your violation of the terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
9. TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to this Site and its related services or any part at any time, without notice, in case of your violation of the terms and use of this agreement.
10. MISCELLANEOUS
The governing law of the terms of this agreement shall be the substantive laws of the state of Kentucky. You shall not use this Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the terms or use of this Site.
Nothing in the this agreement shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of this Site.
If any part of the Terms of Use Agreement is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the terms and other parts and sections of the terms shall be applicable to you and the Company.
This Terms of Use Agreement constitute the entire agreement between you and the Company regarding the enjoyment of this Site and the terms specified herein supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical and hardware failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terrorist acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to this Site or other related issues, or the terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the state of Kentucky where the Company is set up.
11. COMPLAINTS
I am committed to resolving any complaints about the collection or use of your personal data. If you would like to make a complaint regarding this agreement or the practices in relation to your personal data, please use the form on the Contact Louis Hatchett page on this Site. I will reply to your complaint as soon as I can, within 30 days. I hope to resolve any complaint brought to my attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
12. Implied Permission and Agreement
When you visit this Site and view any article, watch a video, listen to an audio, submit personal data on any form; purchase a product or editorial service, including but not limited to, registering as a member, or subscribing to my email newsletter; your action confirms and signifies that you agree with all of the above statements, conditions and terms contained in this Terms of Use Agreement, the Privacy and Cookie Policy and my Refund Policy available on this Site.
13. CONTACT INFORMATION
I welcome your comments or questions about this agreement and this Site. Please use my private contact form on the Contact Louis Hatchett page under the Support Menu. You may also contact me personally in writing to: Louis Hatchett, 1238 Taransay, Henderson, KY 42420 USA.
© 2023 Louis Hatchett dba ExploringThePast.net All Rights Reserved.
www.ExploringThePast.net