By using our website, mobile
site or app (the "Site"), you agree to be bound by these Terms of
Service and to use the Site in accordance with these Terms of
Service, our Privacy
Policy, and any additional terms and conditions that are
referenced herein or that otherwise may apply to specific sections of
the Site, or to products and services that we make available to you
through the Site (all of which are deemed part of these Terms of
Service). Accessing the Site, in any manner, whether automated or
otherwise, constitutes use of the Site and your agreement to be bound
by these Terms of Service. Your accessing the Site for the limited
and exclusive purpose of reviewing these Terms of Service does not
constitute your "use" of the Site or agreement to be bound by these
Terms of Service unless you further access or use the Site.
We reserve the right to change
these Terms of Service or to impose new conditions on use of the
Site, from time to time, in which case we will post the revised Terms
of Service on this website and update the "Last Updated" date to
reflect the date of the changes. If we make a material change to the
Terms of Service, we will not enforce the material change
retroactively (i.e., to use of the Site occurring before the change)
unless we notify you by posting a prominent notice of the change on
the home or landing page of the Site or otherwise notify you of the
changes so you may elect whether to accept the changes by continuing
to use the Site, or terminate your account. By continuing to use the
Site after we post any such changes or notify you of any material
changes, you accept the Terms of Service, as modified.
We also reserve the right to
deny access to the Site or any features of the Site to anyone who
violates these Terms of Service or who, in our sole judgment,
interferes with the ability of others to enjoy our website or
infringes the rights of others.
Rights
and Restrictions Relating to Site Content
Your Limited Right to Use
Site Materials. This Site and all the
materials available on the Site are the property of us and/or our
affiliates or licensors, and are protected by copyright, trademark,
and other intellectual property laws. The Site is provided solely for
your personal noncommercial use. You may not use the Site or the
materials available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms of
Service or by the owner of the materials, you may not modify, copy,
reproduce, republish, upload, post, transmit, translate, sell, create
derivative works, exploit, or distribute in any manner or medium
(including by email or other electronic means) any material from the
Site. You may, however, from time to time, download and/or print one
copy of individual pages of the Site for your personal,
non-commercial use, provided that you keep intact all copyright and
other proprietary notices. For information about requesting
permission to reproduce or distribute materials from the Site, please
contact us.
Our Right to Use Materials
You Submit or Post. When you submit or
post any material via the Site, you grant us, and anyone authorized
by us, a royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit, sell,
exploit, create derivative works from, distribute, and/or publicly
perform or display such material, in whole or in part, in any manner
or medium (whether now known or hereafter developed), for any purpose
that we choose. The foregoing grant includes the right to exploit any
proprietary rights in such posting or submission, including, but not
limited to, rights under copyright, trademark or patent laws that
exist in any relevant jurisdiction. Also, in connection with the
exercise of these rights, you grant us, and anyone authorized by us,
the right to identify you as the author of any of your postings or
submissions by name, email address or screen name, as we deem
appropriate. You understand that the technical processing and
transmission of the Site, including content submitted by you, may
involve transmissions over various networks, and may involve changes
to the content to conform and adapt it to technical requirements of
connecting networks or devices. You will not receive any compensation
of any kind for the use of any materials submitted by you.
Limitations on Linking and
Framing. You are free to establish a
hypertext link to our Site so long as the link does not state or
imply any sponsorship of your website or service by us or by our
Site. However, you may not, without our prior written permission,
frame or inline link any of the content of our Site, or incorporate
into another website or other service any of our material, content or
intellectual property.
Access to Certain Features of
Our Site
To access certain features of
our Site, we may ask you to provide certain demographic information
including your gender, year of birth, zip code and country. In
addition, if you elect to sign-up for a particular feature of the
Site, such as discussion forums, blogs, photo- and video-sharing
pages or social networking features, you may also be asked to
register with us on the form provided and such registration may
require you to provide information such as your name and email
address. You agree to provide true, accurate, current and complete
information about yourself as prompted by the Site's registration
form. If we have reasonable grounds to suspect that such information
is untrue, inaccurate, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use
of the Site (or any portion thereof). Our use of any information you
provide to us as part of the registration process is governed by the
terms of our Privacy
Policy.
Privacy
We respect the privacy of the
users of our Site. Please review our Privacy
Policy. These Terms include and fully incorporate our Privacy
notice.
Responsibility for Your
Username and Password
To use certain features of our
Site, you will need a username and password to create an account. We
reserve the right to reject or terminate the use of any username that
we deem offensive or inappropriate. In addition, we also reserve the
right to terminate the use of any username or account, or to deny
access to the Site or any features of the Site, to anyone who
violates these Terms of Service or who, in our sole judgment,
interferes with the ability of others to enjoy our website or
infringes the rights of others. You are responsible for maintaining
the confidentiality of the password and account, and are responsible
for all activities (whether by you or by others) that occur under
your password or account. You agree to notify us immediately of any
unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end of
each session. We cannot and will not be liable for any loss or damage
arising from your failure to protect your password or account
information.
Online Commerce
Certain sections of this Site
may allow you to purchase different types of products and services
online that are provided by third parties. We are not responsible for
the quality, accuracy, timeliness, reliability or any other aspect of
these products and services. If you make a purchase from a merchant
on our Site, or on a third-party website that you have accessed via a
link on our Site, the information obtained during your visit to that
merchant's online store or site, and the information that you give as
part of the transaction, such as your credit card number and contact
information, may be collected by both the merchant and us. A merchant
may have privacy and data collection practices that are different
from ours. We have no responsibility or liability for these
independent policies. In addition, when you purchase products or
services on or through the Site, you may be subject to additional
terms and conditions that specifically apply to your purchase or use
of such products or services. For more information regarding a
merchant, its online store, its privacy policies, and/or any
additional terms and conditions that may apply, visit that merchant's
website and click on its information links or contact the merchant
directly. You release us and our affiliates from any damages that you
incur, and agree not to assert any claims against us or any of our
affiliates, arising from your purchase or use of any products or
services made available by third parties through the Site.
You agree to be financially
responsible for all purchases made by you or someone acting on your
behalf through the Site. You agree to use the Site, and to purchase
services or products through the Site, for legitimate, non-commercial
purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of
anticipating demand for a particular product or service. You agree to
only purchase goods or services for yourself or for another person
for whom you are legally permitted to do so. When making a purchase
for a third party that requires you to submit the third party's
personal information to us or a merchant, you represent that you have
obtained the express consent of such third party to provide such
third party's personal information.
Responsibility for
User-Provided Content
This Site may include a variety
of features, such as discussion forums, blogs, photo- and
video-sharing pages, email services and social networking features
that allow feedback to us and allow users to interact with each other
on the Site and post content and materials for display on the Site.
This Site also may include other features, such as personalized home
pages and email services, that allow users to communicate with third
parties. By accessing and using any such features, you represent and
agree: (i) that you have read and agree to abide by our Community
Standards ; (ii) that you are the owner of any material you post or
submit, or are making your posting or submission with the express
consent of the owner of the material; (iii) that you are making your
posting or submission with the express consent of anyone pictured in
any material you post or submit, (iv) that you are 13 years of age or
older; (v) that the materials will not violate the rights of, or
cause injury to, any person or entity; and (vi) that you will
indemnify and hold harmless us, our affiliates, and each of our and
their respective directors, officers, managers, employees,
shareholders, agents, representatives and licensors, from and against
any liability of any nature arising out of related to any content or
materials displayed on or submitted via the Site by you or by others
using your username and password. You also grant us a license to use
the materials you post or submit via such features, as described
above under the header
"Rights and Restrictions Relating to Site Content."
Responsibility for what is
posted on discussion forums, blogs, photo- and video-sharing pages,
and other areas on the Site through which users can supply
information or material, or sent via any email services that are made
available via the Site, lies with each user – you alone are
responsible for the material you post or send. We are not responsible
for the speech, content, messages, information or files that you or
others may transmit, post or otherwise provide on or through the
Site.
You understand that we have no
obligation to monitor any discussion forums, blogs, photo- or
video-sharing pages, or other areas of the Site through which users
can supply information or material. However, we reserve the right at
all times, in our sole discretion, to screen content submitted by
users and to edit, move, delete, and/or refuse to accept any content
that in our judgment violates these Terms of Service or is otherwise
unacceptable or inappropriate, whether for legal or any other
reasons.
You acknowledge and agree that
we may preserve content and materials submitted by you, and may also
disclose such content and materials if required to do so by law or
if, in our business judgment, such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
these Terms of Service; (c) respond to claims that any content or
materials submitted by you violate the rights of third parties; or
(d) protect the rights, property, or personal safety of our Site, us,
our affiliates, our officers, directors, employees, representatives,
our licensors, other users, and/or the public.
Real Estate Advertisements;
Equal Housing Opportunity
The Federal Fair Housing Act
makes it illegal to advertise "any preference, limitation, or
discrimination because of race, color, religion, sex, handicap,
familial status, or national origin, or intention to make any such
preference, limitation, or discrimination." State law may also forbid
discrimination based on these factors and others. We will not
knowingly accept any advertising for real estate which is in
violation of the law. All persons are hereby informed that all
dwellings advertised are available on an equal opportunity basis. To
complain of discrimination call the U.S. Department of Housing and
Urban Development at 800-669-9777.
Job Listings
Our Site may permit users to
post, and search for, job openings. We do not knowingly accept
listings regarding employment that are not for bona fide job
opportunities. We also do not knowingly accept listings that
discriminate or intend to discriminate on any illegal basis, or that
are otherwise illegal. If you think that a listing posted on our Site
discriminates on any illegal basis, or is otherwise illegal, please
contact us. We encourage you to investigate fully and understand all
aspects of any job you are considering.
Limitation on Use of Company
Directories
The information contained in any
company directories that may be provided on the Site is provided for
business lookup purposes and is not to be used for marketing or
telemarketing applications. This information may not be copied or
redistributed and is provided "AS IS" without warranty of any kind.
In no event will we or our suppliers be liable in any way with regard
to such information.
Modifications to, or
Discontinuation of, the Site
We reserve the right at any time
and from time to time to modify or discontinue, temporarily or
permanently, the Site, or any portion thereof, with or without
notice. You agree that we will not be liable to you or to any third
party for any modification, suspension or discontinuance of the Site
or any portion thereof.
Disclaimers
Throughout our Site, we have
provided links and pointers to Internet sites maintained by third
parties. Our linking to such third-party sites does not imply an
endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition,
neither we nor our parent or subsidiary companies nor any of our
respective affiliates operate or control in any respect any
information, products or services that third parties may provide on
or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND
SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS,
OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND
CONSIDERATION TO US TO GRANT THE LICENSE CONTAINED IN THIS TERMS OF
SERVICE AND TO PROVIDE YOU WITH ACCESS TO THE SITE AND SERVICES.
You must provide and are solely
responsible for all hardware and/or software necessary to access the
Site. You assume the entire cost of and responsibility for any damage
to, and all necessary maintenance, repair or correction of, that
hardware and/or software.
You acknowledge that by using
the Site, you may incur charges from your wireless carrier, internet
service provider or other method of internet or data access, and that
payment of any such charges will be your sole responsibility. You
agree that your use of the Site will be in accordance with all
requirements of your wireless carrier, internet service provider and
other method of internet or data access. We do not control network
access. Your use of these networks may not be secure and may expose
your personal information sent over such networks.
The Site is provided for
informational purposes only, and is not intended for trading or
investing purposes, or for commercial use. Stock and mutual fund
quotes, and related financial news stories may be delayed at least 20
minutes, as may be required by the stock exchanges and/or the
financial information services. The Site should not be used in any
high risk activities where damage or injury to persons, property,
environment, finances or business may result if an error occurs. You
expressly assume all risk for such use.
Your interactions with
companies, organizations and/or individuals found on or through our
Site, including any purchases, transactions, or other dealings, and
any terms, conditions, warranties or representations associated with
such dealings, are solely between you and such companies,
organizations and/or individuals. You agree that we will not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings. You also agree that, if there is a
dispute between users of this Site, or between a user and any third
party, we are under no obligation to become involved, and you agree
to release us and our affiliates from any claims, demands and damages
of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to
such dispute and/or our Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR
SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING
ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS,
PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE
ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES,
PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY
MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE
SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Indemnification
You agree to indemnify and hold
harmless us, our affiliates, and each of our and their respective
directors, officers, managers, employees, shareholders, agents,
representatives and licensors, from and against any and all losses,
expenses, damages and costs, including reasonable attorneys' fees,
that arise out of your use of the Site, violation of these Terms of
Service by you or any other person using your account, or your
violation of any rights of another. We reserve the right to take over
the exclusive defense of any claim for which we are entitled to
indemnification under this section. In such event, you agree to
provide us with such cooperation as is reasonably requested by us.
Suspension and Termination of
Access
You agree that, in our sole
discretion, we may suspend or terminate your password, account (or
any part thereof) or use of the Site, or any part of the Site, and
remove and discard any materials that you submit to the Site, at any
time, for any reason, without notice. You agree that we will not be
liable to you or any third-party for any suspension or termination of
your password, account (or any part thereof) or use of the Site, or
any removal of any materials that you have submitted to the Site. In
the event that we suspend or terminate your access to and/or use of
the Site, you will continue to be bound by the Terms of Service that
were in effect as of the date of your suspension or termination.
Notice of Copyright
Infringement
If you are a copyright owner who
believes your copyrighted material has been reproduced, posted or
distributed via the Site in a manner that constitutes copyright
infringement, please inform our designated copyright agent by sending
an emil to:
info@lakewoodranchtimes.com . Please include the following
information in your written notice: (1) a detailed description of the
copyrighted work that is allegedly infringed upon; (2) a description
of the location of the allegedly infringing material on the Site; (3)
your contact information, including your address, telephone number,
and, if available, email address; (4) a statement by you indicating
that you have a good-faith belief that the allegedly infringing use
is not authorized by the copyright owner, its agent, or the law; (5)
a statement by you, made under penalty of perjury, affirming that the
information in your notice is accurate and that you are authorized to
act on the copyright owner's behalf; and (6) an electronic or
physical signature of the copyright owner or someone authorized on
the owner's behalf to assert infringement of copyright and to submit
the statement. Please note that the contact information provided in
this paragraph is for suspected copyright infringement only. Contact
information for other matters is provided elsewhere in these Terms of
Service or on the Site.
Restrictions
The Site is intended for use
only by residents of the United States over the age of 13. It may not
comply with legal requirements of foreign countries. Other countries
may have laws and regulatory requirements that differ from those in
the U.S. By using this Site, you agree to the transfer and processing
of any personal information you provide to the U.S. as set forth in
the Privacy Notice under the laws of the United States and the State
of New York, rather than under the law of your home country.
Other
This agreement constitutes the
entire agreement between us and you with respect to the subject
matter contained in this agreement and supersedes all previous and
contemporaneous agreements, proposals and communications, written
oral. You also may be subject to additional terms and conditions that
may apply when you use the products or services of a third party that
are provided through the Site. In the event of any conflict between
any such third-party terms and conditions and these Terms of Service,
these Terms of Service will govern. This agreement will be governed
by and construed in accordance with the laws of the State of New
York, without giving effect to any principles of conflicts of law.
This agreement is personal to
you and you may not assign it to anyone. If any provision of this
agreement is found to be unlawful, void, or for any reason
unenforceable, then that provision will be deemed severable from this
agreement and will not affect the validity and enforceability of any
remaining provisions. These Terms of Service are not intended to
benefit any third party, and do not create any third party
beneficiaries. Accordingly, these Terms of Service may only be
invoked or enforced by you or us. You agree that regardless of any
statute or law to the contrary, any claim or cause of action that you
may have arising out of or related to use of the Site or these Terms
of Service must be filed by you within one year after such claim or
cause of action arose or be forever barred.