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Terms of Service
Welcome to NWAOnline.com. We have developed these terms of service to govern your use of NWAOnline.com, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract between you and the Northwest Arkansas Newspapers, LLC, regarding your use of NWAOnline.com. If you do not agree with any of these terms, please exit NWAOnline.com.
Copyright. All of the information, content, services and software displayed on, transmitted through, or used in connection with NWAOnline.com, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and any similar material (collectively, the "Content"), as well as its selection and arrangement, is owned by the Northwest Arkansas Newspapers, LLC ("NAN"), and its affiliated companies, licensors and suppliers. NAN actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any article for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of NAN.
Requests to use of the Content for any purpose other than as permitted in this paragraph should be directed to the Northwest Arkansas Newspapers, LLC Permissions Desk at 501-378-3475. In certain cases, you may be able to obtain a license to use individual stories that appear on NWAOnline.com through an online vendor we have specifically designated as authorized to license Content on our behalf. If we have authorized a third party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.
Copyright Complaints. NWAOnline.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on NWAOnline.com, please contact us at 501-399-3446.
Trademarks. NWA Online® is a registered trademark owned by Northwest Arkansas Newspapers, LLC, and may not be used elsewhere without prior written permission. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by NAN and its affiliated companies, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance by NWAOnline.com.
Links to, and frames of, NWAOnline.com. If you operate a Web site and wish to link to NWAOnline.com, you may freely do so. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of NWAOnline.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through NWAOnline.com, not to insert any code or product or manipulate the content of NWAOnline.com in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of NWAOnline.com.
If you become a Member of NWAOnline.com, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access NWAOnline.com using your name in whole or in part. NWAOnline.com reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Service.
User-Created Content. By placing material on, or communicating with, NWAOnline.com, including for example communication during registration, communication on any NWAOnline.com comment area, bulletin board or message or chat area, posting any resume, video or photograph, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant NAN, its affiliates and related entities, including NWAOnline.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize NAN to include the information you provide in a searchable format that may be accessed by users of NWAOnline.com and other NAN Web sites. You also grant NAN and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant NAN the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
NWAOnline.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to NWAOnline.com.
Other Specifics About Interactive Areas (Comments, Message Boards, Chat Areas, etc.). NWAOnline.com comment area, bulletin boards, chat rooms, forums and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of NWAOnline.com and the volume of messages and postings, NWAOnline.com cannot always monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these interactive areas. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. NWAOnline.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
Posting Rules. Interactive areas, comments, discussion boards, forums, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of NWAOnline.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule (as defined below) will be made by NWAOnline.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using NWAOnline.com, please do not post material that:
• contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, or makes inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
• violates any right of NWAOnline.com or any third party.
• violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
• unfairly interferes with any third party's uninterrupted use and enjoyment of NWAOnline.com.
• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
• uploads copyrighted or other proprietary material of any kind on NWAOnline.com without the express permission of the owner of that material.
• uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service.
• includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
• uploads or transmits viruses or other harmful, disruptive or destructive files.
• disrupts, interferes with, or otherwise harms or violates the security of NWAOnline.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through NWAOnline.com or affiliated or linked sites.
• "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects, or uses multiple accounts or usernames to post.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINESPROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with Third Parties Through NWAOnline.com. Your dealings or communications through NWAOnline.com with any party other than NWAOnline.com are solely between you and that third party. For example, certain areas of NWAOnline.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will NWAOnline.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
General Disclaimer and Limitation of Liability: While NWAOnline.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. NWAOnline.com does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on NWAOnline.com may be provided and/or hosted by third parties. NWAOnline.com has not reviewed all of the sites linked to NWAOnline.com and is not responsible for the content of any off-site pages or links to or from any other sites. While NWAOnline.com encourages such third parties to abide by these Terms of Service, NWAOnline.com has no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF NWAOnline.COM IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH NWAOnline.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER NAN, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING NWAOnline.COM, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. NWAOnline.COM MAKES NO WARRANTY THAT NWAOnline.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT NWAOnline.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
NWAOnline.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NWAOnline.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE NWAOnline.COM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
NWAOnline.COM AND NAN SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING NWAOnline.COM WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH NWAOnline.COM, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH NWAOnline.COM. NWAOnline.COM ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, NWAOnline.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM NWAOnline.COM.
IN NO EVENT SHALL NWAOnline.COM OR NAN, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NWAOnline.COM OR NAN, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, NWAOnline.COM AND NAN, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF NWAOnline.COM; (B) NWAOnline.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. NWAOnline.com is controlled, operated and administered by WEHCO, Inc. from its offices within the United States. NWAOnline.com makes no representation that materials or Content available through NWAOnline.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use NWAOnline.com or export the Content in violation of U.S. export laws and regulations. If you access NWAOnline.com from a location outside the United States, you are responsible for compliance with all local laws.
Miscellaneous: NAN reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of NWAOnline.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
NAN may modify, suspend, discontinue or restrict the use of any portion of NWAOnline.com, including the availability of any portion of the Content at any time, without notice or liability. NAN may deny access to any person or user at any time for any reason. In addition, NAN (or NWAOnline.com) may at any time transfer its rights and obligations under this Agreement to any Tribune Company affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires NAN, NWAOnline.com or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to NWAOnline.com must be filed in a federal or state court located in Little Rock, Arkansas, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of NWAOnline.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to NWAOnline.com, and all other provisions for which survival is equitable or appropriate.
Contact Us. To contact NWAOnline.com, please use the following:
Fayetteville, AR 72701
REPRINT PERMISSION: To request permission to republish information, fax Frank Fellone, deputy editor, at 501-372-4765.
PHOTO REPRINTS: To order reprints of news photos for personal use, click here.
WEB LINKS: Permission is hereby granted for creators of Web sites to provide plain-text links to NWA Online, the Web site of the Arkansas Democrat-Gazette, http://www.arkansasonline.com
Types of Information Collected
a. Traffic Data Collected. We automatically track and collect the following information when you visit our Site, including your: (i) IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use "cookies" to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly and to store your password so you do not have to re-enter it each time you visit the Site.
b. Personal Information Collected. In order for you to access certain premium services and to purchase products that we offer via the Site, we require you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include: (i) Contact Data (such as your name, mailing and e-mail addresses); (ii) Financial Data (such as your account or credit card number); and (iii) Demographic Data (such as your zip code, age and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, comment areas or forums, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information.
Uses of Information Collected
We use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences.
User Choice Regarding Collection, Use and Distribution of Personal Information
You may choose not to provide us with any Personal Information. In such an event, you can still access and use the Site; however you will not be able to access and use those portions of the Site that require your Personal Information. If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate "opt-out" option each time we ask you for Personal Information.
Confidentiality and Security of Personal Information
User Ability to Access, Update and Correct Personal Information
In order to ensure that all of your Personal Information is correct and up-to-date, at any time you may visit your personal profile at http://www.nwaonline.com/profile . Through your personal profile you may: (a) review and update your Personal Information that we have already collected; (b) choose whether or not you wish us to send you information about our company, or promotional material from some of our partners; or (c) choose whether or not you wish us to share some of your Personal Information with third parties.
Lost or Stolen Information
You must promptly notify us if your credit card, user name or password is lost, stolen or used without permission. In such an event, we will cancel that credit card number, user name or password and update our records accordingly.
Other Limits to Your Privacy
The Site contains links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites. We also make comment areas, chat rooms, forums and message boards available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
CHILDREN'S PRIVACY: In keeping with the Children's Online Privacy Protection Act of 1998, we do not knowingly collect personally identifiable information from children under the age of 13 without prior verifiable parental consent. If we learn that we have collected such personal information without parental consent, we will delete that information from our records.
The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing this Web site or digital service, you specifically acknowledge and agree that (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion therof may be stored in a computer except for personal and noncommercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion therof at any time.
Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.