Terms of Service




1. Definitions.  "The Sierra Vista Herald Premium Content" is the Premium Content on-line service operated by The Sierra Vista Herald ("The Sierra Vista Herald") on the World Wide Web of the Internet, consisting of information services and content provided by The Sierra Vista Herald, affiliates of The Sierra Vista Herald and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of The Sierra Vista Herald Premium Content.

 

2. General. (A) This Agreement, which incorporates by reference other provisions applicable to use of The Sierra Vista Herald Premium Content, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in The Sierra Vista Herald Premium Content, sets forth the terms and conditions that apply to use of The Sierra Vista Herald Premium Content by Subscriber. By using The Sierra Vista Herald Premium Content (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use The Sierra Vista Herald Premium Content is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.

(B) The Sierra Vista Herald shall have the right at any time to change or discontinue any aspect or feature of The Sierra Vista Herald Premium Content, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 

3. Changed Terms.  The Sierra Vista Herald shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of The Sierra Vista Herald Premium Content, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on The Sierra Vista Herald Premium Content, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of The Sierra Vista Herald Premium Content by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

 

4. Equipment.  Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of The Sierra Vista Herald Premium Content and all charges related thereto.

 

5. Subscriber Conduct. (A) Subscriber shall use The Sierra Vista Herald Premium Content for lawful purposes only. Subscriber shall not post or transmit through The Sierra Vista Herald Premium Content any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The Sierra Vista Herald’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in The Sierra Vista Herald’s discretion restricts or inhibits any other Subscriber from using or enjoying The Sierra Vista Herald Premium Content will not be permitted. Subscriber shall not use The Sierra Vista Herald Premium Content to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with The Sierra Vista Herald Premium Content.

(B) The Sierra Vista Herald Premium Content contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of The Sierra Vista Herald Premium Content are copyrighted as a collective work under the United States copyright laws. The Sierra Vista Herald owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Sierra Vista Herald and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on The Sierra Vista Herald Premium Content any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of The Sierra Vista Herald Premium Content, Subscriber automatically grants, or warrants that the owner of such material has expressly granted The Sierra Vista Herald the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants The Sierra Vista Herald the right to edit, copy, publish and distribute any material made available on The Sierra Vista Herald Premium Content by Subscriber.

(D) The foregoing provisions of Section 5 are for the benefit of The Sierra Vista Herald, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability. (A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF The Sierra Vista Herald Premium Content IS AT SUBSCRIBER’S SOLE RISK. NEITHER The Sierra Vista Herald, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT The Sierra Vista Herald Premium Content WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF The Sierra Vista Herald Premium Content, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH The Sierra Vista Herald Premium Content.

(B) The Sierra Vista Herald Premium Content IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT The Sierra Vista Herald IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) The Sierra Vista Herald Premium Content OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON The Sierra Vista Herald Premium Content DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. SUBSCRIBER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF SUBSCRIBER HAS ANY CONCERNS OR QUESTIONS ABOUT HIS OR HER HEALTH, SUBSCRIBER SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT. SUBSCRIBER SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM HIS OR HER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING HE OR SHE MAY HAVE READ ON The Sierra Vista Herald Premium Content. The Sierra Vista Herald IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON SUBSCRIBER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN The Sierra Vista Herald Premium Content. SUBSCRIBER’S ACCESS AND USE OF The Sierra Vista Herald Premium Content DOES NOT IN ANY WAY CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON The Sierra Vista Herald’S PART OR THE PART OF ITS CONTRIBUTORS. The Sierra Vista Herald DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON The Sierra Vista Herald Premium Content. SUBSCRIBER’S USE OR RELIANCE ON ANY INFORMATION PROVIDED ON The Sierra Vista Herald Premium Content BY The Sierra Vista Herald, ITS CONTRIBUTORS, LICENSORS, THIRD PARTY CONTENT PROVIDERS, OR OTHER SUBSCRIBERS IS SOLELY AT SUBSCRIBER’S OWN RISK.

(E) IN NO EVENT WILL The Sierra Vista Herald, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING The Sierra Vista Herald Premium Content OR THE The Sierra Vista Herald Premium Content SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE The Sierra Vista Herald Premium Content. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON The Sierra Vista Herald Premium Content.

(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, The Sierra Vista Herald, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN The Sierra Vista Herald Premium Content, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. The Sierra Vista Herald, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, The Sierra Vista Herald, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

 

7. Monitoring.  The Sierra Vista Herald shall have the right, but not the obligation, to monitor the content of The Sierra Vista Herald Premium Content, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by The Sierra Vista Herald and to satisfy any law, regulation or authorized government request. The Sierra Vista Herald shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The Sierra Vista Herald Premium Content. Without limiting the foregoing, The Sierra Vista Herald shall have the right to remove any material that The Sierra Vista Herald, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

8. Indemnification.  Subscriber agrees to defend, indemnify and hold harmless The Sierra Vista Herald, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of The Sierra Vista Herald Premium Content by Subscriber or Subscriber’s Account.

 

9. Termination.  Either The Sierra Vista Herald or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, The Sierra Vista Herald shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which The Sierra Vista Herald, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

 

10. Trademarks. 

The Sierra Vista Herald , The Sierra Vista Herald Premium Content , The Sierra Vista Herald Headline News , and The Sierra Vista Herald Learning and each of their logos are trademarks of The Sierra Vista Herald, a Time Warner Company. All rights reserved. All other trademarks appearing on The Sierra Vista Herald Premium Content are the property of their respective owners.

 

11. Third Party Content.  The Sierra Vista Herald is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, The Sierra Vista Herald has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of The Sierra Vista Herald Premium Content, are those of the respective author(s) or distributor(s) and not of The Sierra Vista Herald. Neither The Sierra Vista Herald nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through The Sierra Vista Herald Premium Content represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with The Sierra Vista Herald. The Sierra Vista Herald neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The Sierra Vista Herald Premium Content by anyone other than authorized The Sierra Vista Herald employee spokespersons while acting in their official capacities. Under no circumstances will The Sierra Vista Herald be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through The Sierra Vista Herald Premium Content. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Sierra Vista Herald Premium Content. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

 

12. Miscellaneous.  This Agreement and any operating rules for The Sierra Vista Herald Premium Content established by The Sierra Vista Herald constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Privacy It is not the policy of The Sierra Vista Herald to sell or make available such information to unrelated third parties; occasionally such information may be shared with other divisions of The Sierra Vista Herald. We may inform advertisers of the results of such analyses. And under any circumstance, svherald.com will refer only to general, aggregate usage data from these analyses - never specific identifying information.

•svherald.com performs statistical analyses of its server logs to study the use and popularity of various areas of our site. We also look at IP addresses to analyze where we are getting our audience.

•Users should keep in mind that, when posting their user name or e-mail address on bulletin boards or in other user-posted content areas, that information, along with any information in their postings, can be read by any third parties and may result in unsolicited messages from other posters or third parties. svherald.com has no control over that.

•svherald.com may make use of or refer to user-posted content for the purposes of promotion of svherald.com. This will mainly involve taking screen shots of a particular area of the site and using that screen shot as a graphic in an advertisement. svherald.com makes no claim of ownership to such user-posted content.

•svherald.com employs ‘cookies’ in circumstances that require session data or require user verification.



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