TERMS AND CONDITIONS FOR LOCALOZARKS.COM 

Welcome to the localozarks.com web site (the “Site”). The Site is owned by Local Ozarks Group (hereafter, the “Company”, “we” or “us”). These terms and conditions describe the terms upon which you may access and use the Site. By visiting the Site, you affirm that you have read and accept all of the following terms and conditions, which may be updated by the Company from time to time without notice.

Grant of Rights. The Company grants you a limited, revocable, non-exclusive right to access and use the Site in accordance with these terms and conditions. You grant, and you represent and warrant that you have the right to grant, to the Company and its agents, affiliates and assigns, an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, sublicenceable and transferable license to use, copy, perform, display, distribute, broadcast, modify, sell, syndicate, license, lease, assign, give or use in any way, in perpetuity, and in any and all media, now known or hereafter invented, Your Content (as defined in Section 3 below), and to prepare derivative works of Your Content. You shall not have any right of action against the Company or its agents, affiliates and assigns arising out of any use of Your Content.

Intellectual Property Rights. You acknowledge that the Company or its licensors own the copyright and all other intellectual property rights to the Site and all materials provided on the Site unless otherwise expressly indicated. All rights are reserved by the Company and its licensors, and you agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with the prior written permission of the Company, or as permitted by us in a separate written agreement. The localozarks.com mark is a trademark of the Company. Any other trademarks or service marks mentioned on the Site are the trademarks of their respective owners. References on the Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by the Company. Moreover, such third parties do not endorse, sponsor, and are not affiliated with the Company.

Content. You acknowledge that the Company does not control and is not responsible for data, information, content and communications (“Content”) made available on the Site by you or third parties, and that the Company will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of, or in connection with, any Content. You agree to be responsible for all video and audio and other content and communications that you make available on the Site in any form (“Your Content”). You affirm, represent and warrant that (a) you own or have the necessary licenses, rights, consents and permissions to enable inclusion and use of Your Content by the Company and agents, affiliates and assigns in accordance with these terms and conditions, and (b) you have the written consent, release, and/or permission of each and every identifiable person who is referenced or appears in Your Content to enable inclusion and use of Your Content by the Company and its agents, affiliates and assigns in accordance with these terms and conditions. The Company shall have the right, but not the obligation, to refuse or delete any Content in its sole and absolute discretion at any time.

 Unacceptable Content. Without limitation, you agree that you will not submit any Content (a) that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights; (b) that is harmful, threatening, harassing, defamatory, libelous, hateful, discriminatory, invasive to another’s privacy, or that impersonates a person, contains a personal attack or is otherwise unlawful; (c) that is sexual in nature, obscene or pornographic; (d) that is false or misleading; (e) that could constitute a criminal offense, give rise to civil liability or violate any federal, state or local law or regulation, or encourage the use of a controlled substance; (f) that contains profanities or expletives; (g) that is encrypted, or contains any viruses, Trojan horses or other computer programming routines or elements that are intended to cause damage or interference to the Site, or with another’s system or data; or (h) that is deemed unacceptable by the Company, in its sole and absolute discretion.

Unacceptable Use. Without limitation, you agree that you will use the Site solely for your personal, noncommercial use, and will not (a) delete or revise any Content submitted by another user; (b) use any automated device, spider, software routine or element that may interfere with the proper working of the Site; (c) create a disproportionately large usage load on the Site; (d) repeatedly submit the same or similar Content; (e) attempt to obtain unauthorized access to the Site; (f) attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising any part of the Site; (g) use the Site to promote, engage or assist another in engaging in, acts that are fraudulent, abusive, deceptive, misleading or illegal; (h) contact any user who has asked not to be contacted; (i) collect personal data about other users for commercial or unlawful purposes; or (j) copy, reproduce, download, disseminate, publish, or transfer any Content other than Your Content.

Termination of Access. The Company has the right to terminate your access to the Site for any reason if we believe you have violated any of these terms and conditions. You agree that the Company will have no liability with regard to any such termination.

Limitations. The Company does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of any information on the Site. In addition, we have no duty to update the information contained on the Site, and we are not liable to you for outdated or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site (or any part thereof) with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, ARE MADE WITH RESPECT TO THE SITE, INCLUDING THE INFORMATION CONTAINED ON THE SITE. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE OF THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT ANY DATA OR MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Links to Other Web Sites. There may be links to other web sites at certain places on the Site, and we do not endorse, approve, certify or control any of those web sites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.

Governing Law. Any dispute with respect to the Site shall be governed by the laws of the State of Maryland, excluding its conflicts of laws rules. All visitors to the Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland.

Indemnity. You agree to indemnify and hold the Company, and its agents, affiliates and assigns, including parent and subsidiary entities, and the owners, stockholders, directors, officers, employees, and agents of each of them, of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, liability, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent which arise from, or are related to, Your Content, your use of the Site, or your violation of these terms and conditions

No Effect on Agreements. Nothing on the Site shall be construed to add or modify terms to any existing or future agreements with the Company.

Privacy/Security. See our Privacy Policy.

Notices. In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on the Site.

Notification of Claims of Infringement/Violations. If you believe Content on the Site infringes your intellectual property rights, or is in violation of these terms and conditions, please contact us at wchstv.com, 10706 Beaver Dam Road, Hunt Valley, Maryland 21030. Please ensure that any claims of infringement contain the required information set forth in the Digital Millennium Copyright Act.

Age. You affirm that you are either 18 years of age or older, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the obligations of these terms and conditions, and to make the affirmations and representations contained herein, and to abide by these terms and conditions. In any case, you affirm that you are at least thirteen (13) years old, as the Site is not for children under the age of thirteen (13).

Assignment. These terms and conditions, and all rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned by the Company without restriction.

Severability. You acknowledge and agree that if any provision of these terms and conditions is invalid or unenforceable to any extent, the remainder of these terms and conditions shall not be affected and shall be enforced to the greatest extent permitted by applicable law.

ACCEPTANCE OF TERMS

LocalOzarks.com (“Local Ozarks”) provides a collection of online resources, including classified ads and various messaging services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”). By using the Service in any way, you are agreeing to comply with the Terms. In addition, when using particular LocalOzarks services, you agree to abide by any applicable guidelines for all LocalOzarks services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Local Ozarks in any way, your only recourse is to immediately discontinue use of Local Ozarks. Local Ozarks has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.

19. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:

http://localozarks.com/terms-conditions

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Local Ozarks’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

copyright@localozarks.com

Please provide our Agent with the following Notice:

a) Identify the material on the Local Ozarks site that you claim is infringing, with enough detail so that we may locate it on the website;

b) 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;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Local Ozarks will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

ADDITIONAL CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

g) that impersonates any person or entity, including, but not limited to, a Local Ozarks employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about another person without that person’s explicit consent;

i) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;

j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Local Ozarks sites which are not designated for such purposes; or emailed to Local Ozarks users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

m) that includes links to commercial services or web sites, except as allowed in “services”;

n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:

http://localozarks.com/prohibited-items/

o) 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;

p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

r) Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

s) “Stalk” or otherwise harass anyone;

t) Collect personal data about other users for commercial or unlawful purposes;

u) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Local Ozarks;

v) Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

w) Post the same item or service in more than one classified category or in more than one metropolitan area;

x) attempt to gain unauthorized access to Local Ozarks’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Local Ozarks website; or

y) use any form of automated device or computer program that enables the submission of postings on Local Ozarks without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by Local Ozarks; or

z) use any form of automated device or computer program (“flagging tool”) that enables the use of Local Ozarks’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.

 POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Local Ozarks’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Local Ozarks. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Local Ozarks.

NO SPAM POLICY

Any unauthorized use of Local Ozarks computer systems for sending unsolicited email advertisements to Local Ozarks email addresses or through Local Ozarks computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

 PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the

Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms.

ACCESS TO THE SERVICE

Local Ozarks grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Local Ozarks. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

Local Ozarks offers various parts of the Service in RSS format so that users can embed individual feeds into a website , or view postings through third party software news aggregators. Local Ozarks permits you to display, excerpt from, and link to the RSS feeds on your website, provided that (a) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘Localozarks.com’ as the source, (c) your use or display does not suggest that Local Ozarks promotes or endorses any third party causes, ideas, web sites, products or services, and (d) your use does not overburden Local Ozarks’s systems. Local Ozarks reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by Local Ozarks immediately terminates said permission or license.

PROPRIETARY RIGHTS ASSOCIATED PRESS 

Associated Press text material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmision or delivery of all or any part thereof or for any damages arising from any of the foregoing.

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express

written consent of Local Ozarks. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Local Ozarks, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although Local Ozarks does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Local Ozarks an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Local Ozarks all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms by flagging the posting(s) for review, or by contacting us.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Local Ozarks to pursue legal action to enforce these Terms, you will be liable to pay Local Ozarks the following amounts as liquidated damages, which you accept as reasonable estimates of Local Ozarkss’ damages for the specified breaches of these Terms:

a. If you post a listing and/or a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Local Ozarks one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If Local Ozarks establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Local Ozarks one hundred dollars ($100) for each listing and/or message posted in excess of such limits or for each day on which you access Local Ozarks in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Local Ozarks email addresses or through Local Ozarks computer systems, you agree to pay Local Ozarks twenty five dollars ($25) for each such email.

d. If you post Content in violation of the Terms, other than as described above, you agree to pay Local Ozarks one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Local Ozarks may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay Local Ozarks one hundred dollars ($100) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay Local Ozarks an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Local Ozarks’s express written permission, you agree to pay Local Ozarks three thousand dollars ($3,000) for each day on which you engage in such conduct.

g. If you collect personal data about other users for commercial or unlawful purposes, and/or if you make unsolicited contact with anyone for any commercial purpose in violation of these Terms without Local Ozarks’s express written permission, you agree to pay Local Ozarks three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Local Ozarks’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Local Ozarks retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

FEEDBACK

We welcome your questions and comments on this document.

Updated Jun 26, 2012