(last updated: February 2006)
1. General Provisions
The material that appears on the Web Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We will not be held responsible for any undesired effects or cost that is based on information obtained from our Web Site. MNV/LMN has the right to delete information from our Web Site if we suspect fraud.
Customers who offer goods and/or services for sale through our Web Site and ad buying service, must be prepared to sell their goods/services at the prices at which they advertised them and under the terms they stated in the ad. For example, if selling a car, a customer must have the possession of the actual vehicle listed in the ad and the ability to transfer the title. For any ad placed through this Web Site, a seller is required to provide certain identifying and contacting information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller without any alteration to the content of their communications. We reserve the right to deny use of this Web Site to anyone who does not comply with these requirements or who otherwise uses the service in a manner we consider inappropriate. This also applies to customers submitting their Events to publish on our Web Site.
2. Use of the Flagship Web Site and Service. You certify to us that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any children younger than 13 years of age; (iii) you agree that all information you have submitted to us, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Web Site or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
3. Prohibited conduct. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
4. 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 agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the Web Site or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of us or our respective intellectual property owners. Except as expressly authorized by us, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Service or the Software, in whole or in part.
LMN grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, 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 by any means other than through the interface that is provided by us for use in accessing the Service.
5. Links. LMN, through this Web Site or otherwise, may provide links to other websites. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that LMN 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, products, goods or services available on or through any such website.
6. User Submissions. The personal information you submit to our Web Site is governed by the Web Site Privacy Statement [make link to our Privacy Statement]. To the extent there is an inconsistency between this Agreement and the Web Site Privacy Statement, this Agreement shall govern.. We reserve the right to deny publishing any user submission(s) that do not comply with our requirements or who otherwise uses the service in a manner we consider inappropriate.
You agree that you will not upload or transmit any communications or content of any type to the Web Site’s “public areas” (including guestbook, Event postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the “public areas,” you agree that such submission is non-confidential for all purposes.
If you make any such submission, You agree that you will not send or transmit to our Web Site, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to our Web Site, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to our Web Site, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—our Web Site a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Our Web Site may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to LMN.
7. No Warranty. If you rely on this service or any material available through this service, you do so at your own risk. You understand that there may be delays, omissions, interruptions, minor technical disruptions, inaccuracies, and/or other problems with the information published over this site. This service is provided to you “AS IS”. The Web Site and its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the information available through the Web Site. We also do not guarantee that the service will be free of viruses or other harmful components or technical disruptions arising from usage of the Internet.
8. Indemnification. You agree to indemnify and hold us, our subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Limitation of Liability. IN NO EVENT WILL LMN , ITS PARENT COMPANY, AFFILIATES OR SUBSIDIARIES OR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF DP HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST DP WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
10. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE LMN AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
11. Notice. We may provide you with notices, including those regarding changes to the Agreement, by either email, regular mail, or postings on the Service. All notices to LMN must be made in writing and mailed to:
Military Newspapers of Virginia, Online Division
150 W. Brambleton Avenue
Norfolk, Virginia 23510
12. Termination. You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Statement; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in our sole discretion
13. Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that LMN 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 third party on the Service.
14. Disputes. This Agreement will be interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Norfolk, Virginia, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the state or federal courts located in Norfolk County, Virginia. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state or federal courts located in Norfolk County, Virginia: (i) any dispute, controversy, or claim relating to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession. THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT LMN’S PLACE OF BUSINESS IN THE COUNTY OF NORFOLK, COMMONWEALTH OF VIRGINIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF COUNTY OF NORFOLK, COMMONWEALTH OF VIRGINIA.
15. Modification to Service. We reserve 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 we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16. Waiver and Severability of Terms. The failure of LMN to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect.
17. Disclosure of Your Information. You acknowledge, consent and agree that we may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of LMN, its users and the public.
18. Entire Agreement. The Agreement constitutes the entire agreement between you and LMN and governs your use of the Service, superseding any prior agreements between you and LMN. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other of our services, affiliate services, third party content or third party software.
19. Survival. The paragraphs that are intended to survive termination or your refusal to continue to use the Service shall survive such termination.
20. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS