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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to www.Lawrenceburg.com. www.Lawrenceburg.com provides its
service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time with or without notice to you. You
can review the most current version of the TOS at any time at:
http://www.lawrenceburg.com/services/terms/index.cfm
In addition, when using particular www.Lawrenceburg.com services, you shall be subject to any posted guidelines or
rules applicable to such services which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into
the TOS.
2. DESCRIPTION OF SERVICE
www.Lawrenceburg.com currently provides
users with access to a rich collection of on-line resources, including,
various communications tools, online forums, shopping services,
personalized content and branded programming through its network of
properties (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new www.Lawrenceburg.com properties, shall be
subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that www.Lawrenceburg.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
Please be aware that www.Lawrenceburg.com has created certain areas on
the Service that contain adult or mature content. You must be at least
18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the
Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or www.Lawrenceburg.com
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, www.Lawrenceburg.com has the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). www.Lawrenceburg.com
is concerned about the safety and privacy of all its users, particularly
children.
4. WWW.LAWRENCEBURG.COM PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy. For more
information, please see our full privacy policy at http://www.lawrenceburg.com/services/privacypolicy
.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify www.Lawrenceburg.com
of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end
of each session. www.Lawrenceburg.com cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You understand that all information,
data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not www.Lawrenceburg.com,
are entirely responsible for all Content that you upload, post, email or
otherwise transmit via the Service. www.Lawrenceburg.com does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will www.Lawrenceburg.com
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
| a. |
upload, post, email or otherwise
transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity,
including, but not limited to, a www.Lawrenceburg.com official,
forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| d. |
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service; |
| e. |
upload, post, email or otherwise
transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements); |
| f. |
upload, post, email or otherwise
transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights
("Rights") of any party; |
| g. |
upload, post, email or otherwise
transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose; |
| h. |
upload, post, email or otherwise
transmit 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; |
| i. |
disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in
real time exchanges; |
| j. |
interfere with or disrupt the
Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service; |
| k. |
intentionally or unintentionally
violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of
law; |
| l. |
"stalk" or otherwise
harass another; or |
| m. |
collect or store personal data
about other users. |
You acknowledge that www.Lawrenceburg.com
does not pre-screen Content, but that www.Lawrenceburg.com and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, www.Lawrenceburg.com and its
designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content
created by www.Lawrenceburg.com or submitted to www.Lawrenceburg.com,
including without limitation information in www.Lawrenceburg.com Message
Boards, www.Lawrenceburg.com Clubs, and in all other parts of the
Service.
You acknowledge and agree that www.Lawrenceburg.com
may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of www.Lawrenceburg.com, its users and the public.
You understand that the technical
processing and transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data
exported from the United States and the country in which you reside.
8. PUBLIC CONTENT POSTED TO
WWW.LAWRENCEBURG.COM
(a) For purposes of the TOS,
"publicly accessible areas of the Service" are those
accessible by the general public. By way of example, a publicly
accessible area of the Service would include public www.Lawrenceburg.com
Clubs and www.Lawrenceburg.com Message Boards, but would not include
private www.Lawrenceburg.com Clubs or private www.Lawrenceburg.com
communication services such as www.Lawrenceburg.com Mail.
(b) With respect to Content you elect to
post for inclusion in publicly accessible areas of www.Lawrenceburg.com
Clubs or that consists of photos or other graphics you elect to post to
any other publicly accessible area of the Service, you grant www.Lawrenceburg.com
the world-wide, royalty free and non-exclusive license to reproduce,
modify, adapt and publish such Content on the Service solely for the
purpose of displaying, distributing and promoting the specific www.Lawrenceburg.com
Club to which such Content was submitted, or, in the case of photos or
graphics, solely for the purpose for which such photo or graphic was
submitted to the Service. This license exists only for as long as you
elect to continue to include such Content on the Service and shall be
terminated at the time you delete such Content from the Service.
(c) With respect to all other Content you
elect to post to other publicly accessible areas of the Service, you
grant www.Lawrenceburg.com the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold www.Lawrenceburg.com,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Service, your
use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that www.Lawrenceburg.com
may establish general practices and limits concerning use of the
Service, including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size
of any email message that may be sent from or received by an account on
the Service, the maximum disk space that will be allotted on www.Lawrenceburg.com's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of
time. You agree that www.Lawrenceburg.com has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that www.Lawrenceburg.com reserves the right to
log off accounts that are inactive for an extended period of time. You
further acknowledge that www.Lawrenceburg.com reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
www.Lawrenceburg.com reserves the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without
notice. You agree that www.Lawrenceburg.com shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that www.Lawrenceburg.com, in
its sole discretion, may terminate your password, account (or any part
thereof) or use of the Service, and remove and discard any Content
within the Service, for any reason, including, without limitation, for
lack of use or if www.Lawrenceburg.com believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. www.Lawrenceburg.com
may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of
this TOS may be effected without prior notice, and acknowledge and agree
that www.Lawrenceburg.com may immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that
www.Lawrenceburg.com shall not be liable to you or any third-party for
any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that www.Lawrenceburg.com shall not be responsible
or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the Service.
15. LINKS
The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because www.Lawrenceburg.com
has no control over such sites and resources, you acknowledge and agree
that www.Lawrenceburg.com is not responsible for the availability of
such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that www.Lawrenceburg.com shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or
resource.
16. WWW.LAWRENCEBURG.COM'S PROPRIETARY
RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by www.Lawrenceburg.com or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
www.Lawrenceburg.com grants you a
personal, non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided that you
do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by www.Lawrenceburg.com for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WWW.LAWRENCEBURG.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
WWW.LAWRENCEBURG.COM MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.LAWRENCEBURG.COM OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WWW.LAWRENCEBURG.COM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WWW.LAWRENCEBURG.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES
RELATING TO FINANCIAL MATTERS
If you intend to create or join any
service, receive or request any news, messages, alerts or other
information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18
again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes. www.Lawrenceburg.com
shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted via the Service, and shall
not be responsible or liable for any trading or investment decisions
made based on such information.
21. NOTICE
Notices to you may be made via either
email or regular mail. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices to
you generally on the Service.
22. TRADEMARKS AND PATENTS
From time to time, www.Lawrenceburg.com
will update information with regard to trademark and patent
information. Specific information will be listed in this TOS.
23. COPYRIGHTS and COPYRIGHT AGENTS
www.Lawrenceburg.com respects the
intellectual property of others, and we ask our users to do the same. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please provide www.Lawrenceburg.com's Copyright
Agent the following information:
- an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
interest;
- a description of the copyrighted work
that you claim has been infringed;
- a description of where the material
that you claim is infringing is located on the site;
- your address, telephone number, and
email address;
- a statement by you that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
www.Lawrenceburg.com's Copyright Agent for Notice of claims of copyright
infringement on its site is Michael Salvucci who can be reached as
follows: By mail:
Michael Salvucci
www.Lawrenceburg.com
P.O. Box 1053
Lawrenceburg, TN 38464
By phone: (931) 242-4226
By email: webmaster@lawrenceburg.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and www.Lawrenceburg.com and govern your use of the Service,
superceding any prior agreements between you and www.Lawrenceburg.com.
You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and www.Lawrenceburg.com
shall be governed by the laws of the State of Tennessee without regard
to its conflict of law provisions. You and www.Lawrenceburg.com agree to
submit to the personal and exclusive jurisdiction of the courts located
within the county of Lawrence, Tennessee. The failure of www.Lawrenceburg.com
to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for
convenience only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group at abuse&lawrenceburg.com .
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