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Visitor Agreement
Last Updated: December 7, 2016

Thank you for visiting this website, which is operated by an Affiliate of Cox Media Group, Inc. (“CMG”). This site is one of a network of ad-supported sites operated by Affiliates of CMG each of which also operates a local newspaper, a local television station or a local radio station (each a “CMG Affiliate Site” and, collectively, the “CMG Network of Sites”). Each CMG Affiliate Site has adopted the terms and conditions of this visitor agreement to the extent applicable. “Affiliate” means a company controlling, controlled by or under common control with another company.


This visitor agreement is a binding legal contract between you and the CMG Affiliate that operates this website (“we,” “us” or “our”) and governs your use of such website and any content made available from or through such website, including any subdomains thereof. Please read this visitor agreement carefully. By using our website, application, mobile application, and/or any services offered through our website, application, and/or mobile application (collectively, the “Service”), you accept the terms of this agreement. We may change the terms of this agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this agreement (“Agreement”) on this Service and will update the “Last Updated” date above to reflect the date the changes take effect. By continuing to use this Service after we post any such changes, you accept this agreement, as modified.


We reserve the right to deny access to this Service or any portion of this Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy this Service or who infringes the rights of others.
We invite you to send in your questions or comments about this Service, or to bring to our attention any material you believe to be inaccurate. To do so, please contact us.


REGISTRATION


To obtain access to certain services on our Service, you may be required to register with us. Children under the age of 13 may not register for the Service. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use this Service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.


If you register for our Service, you may be able to use your login credentials for this Service to access certain services on other websites within the CMG Network of Sites or on other applications or mobile applications. In addition, you may also be given an opportunity to register simultaneously with one of our partners, agents or service providers (collectively, our “Service Providers”). Our Service Providers’ websites, applications, or mobile applications may contain terms and conditions that differ from the terms and conditions of this Service.

We encourage you to review those terms and conditions before registering with any applicable website, application, or mobile application. Notwithstanding anything to the contrary in this visitor agreement, we will not be liable for the content of or any services provided by any CMG Affiliate Sites other than this Site or for the content of any site (or application or mobile application) operated by or any services provided by any Service Provider.


PRIVACY


We respect the privacy of the users of our Service. Please take a moment to review our Privacy Statement.


RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE


Our Limited License to You. The materials available through this Service are the property of us and our Affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on this Service, or distribute copies of materials found on this Service in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves from our Service and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this Service can be sent to this address.


Links. We welcome links to our Service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site, service, application, or mobile application by us.


No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this Service, or incorporate into another website, application, mobile application, or other service any of our intellectual property.


Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this Service without the prior written consent of the owner of the mark. DaytonDailyNews.com is a trademark of Cox Media Group, Inc.


Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us through our feedback procedure or by sending a notice by U.S. Mail to Legal Department, 6205 Peachtree Dunwoody Road, Atlanta, GA 30328, or by email to cmgcopyright@coxinc.com. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Service the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.


AP Materials. The materials accessible through this Service may include Associated Press text, photo, graphic, audio, and/or video material (collectively, “AP Material”). Your use of any such AP Material made available by AP is subject to AP’s license terms. The following provision applies to all visitors to this Service (including, without limitation, persons, representatives of legal entities, and digital engines of any kind, including, without limitation, ones that crawl, index, scrape, copy, store, or transmit digital content): By accessing this Service, you specifically acknowledge and agree that (i) AP Material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) no AP Material nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in the AP Material or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; and (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it.


Macrovision Materials. Macrovision Corporation ("Macrovision") holds the exclusive rights to the ALL MUSIC GUIDE and data, as well as the right to distribute certain music related images (collectively, "The Guide"). To the extent The Guide is available through this Service, your use of The Guide shall be subject to the terms of this visitor agreement and all restrictions applicable to and contained in The Guide. You may not modify, copy, scan, or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of The Guide. You agree to indemnify, defend and hold harmless Macrovision, its affiliates, and us and our Affiliates, against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (1) your unauthorized use of The Guide, (2) your violation of this provision and/or (3) any unauthorized activities by you in connection with The Guide.


USER-PROVIDED CONTENT


Your License to Us. By submitting material (including, but not limited to, any text, photos, video or other content) to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting any materials via this Service, you grant us, and anyone authorized by us, including, without limitation, our Affiliates, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Service, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.


Materials Submitted by Other Users. We cannot and do not review every posting made in any chat rooms, forums, and other areas available for public postings we may provide. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.


E-COMMERCE


We may offer certain products and/or services for purchase through this Service that are provided by us or by a third-party merchant. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services provided by a third party, and we make no warranties regarding any such products or services. If you make a purchase from a merchant on our Service, or on a third-party website, application, or mobile application that you have accessed through a link on our Service, the information that you provide that merchant on its site, application, or mobile application, or otherwise as part of the transaction, such as your name, address, email, and credit card number may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. When you purchase products or services on or through this Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. Any such terms that apply to your purchase of products or services from us will be presented to you as part of your transaction. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website, application, or mobile application and click on its information links or contact the merchant directly. You release us and our Affiliates from any damages that you incur, and agree not to assert any claims against us or any of our Affiliates, arising from your purchase or use of any products or services made available by third parties through this Service.


DISCLAIMERS


Use at Your Own Risk. We provide the material available through this Service for informational purposes only. You may only use the material and the services available through this Service for your personal and non-commercial use. We try to ensure that information we post to this Service is both timely and accurate, and that the services offered are reliable. Despite our efforts, however, content or services on this Service may, from time to time, contain errors. In addition, some reports which may appear on this Service, such as stock quotes and related financial news, may be delayed at least 20 minutes due to requirements of the stock exchanges and/or financial information services. Before you act on any information you've found on our Service, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.


No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites, applications, or mobile applications we link. A link to another website, application, or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).


No Warranties.
THIS SERVICE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SERVICE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


LIMITATIONS OF LIABILITY


UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES SERVICE PROVIDERS OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS VISITOR AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.


DISPUTE RESOLUTION

You and the cmg affiliate that operates the Service agree to arbitrate – rather than litigate in court – any and all claims or disputes between the parties (INCLUDING ANY parents, subsidiaries, AFFILIATES, officers, directors, employees, OR agents OF OURS) that arise out of or in any way relate to this SERVICE AND PRODUCTS OR services that we, OUR AFFILIATES AND/oR OUR SERVICE PROVIDER (ON OUR BEHALF) MAY provide to you in connection with YOUR USE OF THIS SERVICE; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THIS PROVISION PREVENT YOU FROM FILING OR JOINING A COMPLAINT WITH ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY THAT IS AUTHORIZED BY LAW TO SEEK RELIEF AGAINST us ON YOUR BEHALF. the arbitration between you and the cmg affiliate that operates the Service will be binding AND JUDGMENT ON THE AWARD RENDERED IN THE ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.


In arbitration, there is no judge and no jury, and review of arbitration decisions in the courts is very limited. Instead, disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and the CMG Affiliate that operates the Service agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with us. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding this arbitration agreement, you and the CMG Affiliate that operates the Service may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or any other federal, state, or local government agency authorized by law to hear your claims.


Class Action Waiver: You and the CMG Affiliate that operates the Service agree that all claims or disputes between you and the CMG Affiliate that operates the Service will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor we may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this arbitration agreement shall not prohibit you or us from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this section will not apply to any claim or dispute between you and us. This class action waiver may not be severed from our arbitration agreement.


Informal Dispute Resolution: You and the CMG Affiliate that operates the Service agree to try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify us of the dispute by sending a written description of your claim to [Contact and Address] so that we can attempt to resolve it with you. If we do not satisfactorily resolve your claim within 30 calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor we may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.


Arbitration Procedures: You and the CMG Affiliate that operates the Service agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to [Contact and Address]. You must also comply with the AAA’s rules regarding initiation of arbitration. We will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this agreement or applicable law. We will not seek to recover our fees and costs from you in the arbitration unless your claim has been determined to be frivolous. If you are successful in the arbitration, we will pay your reasonable attorney’s fees and costs. If you obtain an award from the arbitrator greater than our last written settlement offer, we will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in a mutually convenient location. If you seek less than $10,000, then you may chose to hold the arbitration in person, via phone, or to have it decided based on written submissions.


USE OF COMMUNICATIONS SERVICES


We may provide a variety of services on this Service through which you can directly interact with others, such as email services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas ("Communications Services"). For example, you may be able to upload content to participate in a contest or in news gathering on the Service, and you may be able to send a message to another user regarding content on our Service. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.


Without limiting the terms of our Privacy Statement, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us or other content or materials submitted through this Service. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Service (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this visitor agreement, or to protect the rights, property or safety of visitors to our Service, our customers, the public our employees, Service Providers and Affiliates.


We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.


Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:

  • Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
  • Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
  • Gathering for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas;
  • Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
  • Posting fraudulent classified listings;
  • Uploading or posting any off-topic or irrelevant material to any chat room or forum;
  • Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
  • Violating any applicable local, state, national or international law, including, but not limited to (1) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (2) regulations promulgated by the U.S. Securities and Exchange Commission, and (3) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • "Stalking" or otherwise harassing another;
  • Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
  • Collecting or storing personal data about other users;
  • Gaining unauthorized access to our Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means; or
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Service.


Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email in connection with any messaging service made available through the Service. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam, unsolicited bulk email or private messaging transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.


Viruses. Because of the volume of email messages sent by us, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.


CLASSIFIED ADVERTISING


Overview. We may allow you to purchase classified advertising for display on the Service. To the extent this Service includes any of the types of classified advertising described below, the terms of this Section will apply to any such classified ads. In addition, if the classified advertising service available through this Service is provided by a third-party Service Provider, your use of that service may also be subject to terms of use adopted by such Service Provider. We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. WE ACCEPT NO LIABILITY FOR ERROR OR OMISSION. YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNTS PAID FOR THE PUBLICATION OF A CLASSIFIED AD ON THIS SERVICE AFTER THE PUBLICATION DEADLINE HAS PASSED.


Personal Advertisements. We are a community, family-oriented Service. Advertisements must be appropriate for all ages. Personal advertising participants must be 18 years or older. All ads must be in good taste and must not solicit for sex or sexual activities. We reserve the right to edit or reject ads that do not meet these standards. You may not use of the personal advertising section for any illegal purpose. We are not liable for the content of the personal advertisements or the responses to such advertisements.


Employment Advertisements. We do not knowingly accept advertisements that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that an advertisement posted on this service discriminates on any illegal basis, or is otherwise illegal, please contact us at [Contact].


Our Service may include advertisements or online services relating to career counseling firms. A career counseling firm does not guarantee actual placement in a job as the result of its services. Understand any agreement that you enter into with a career counseling firm before you pay for the firm's services.


We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. Regrettably, however, false job postings may appear in listings on our Service from time to time. False job listings are typically used to illegally collect personal information from job seekers or facilitate other forms of illegal activity. Posting false job listings is a violation of this visitor agreement (See: Specific Prohibited Uses) and may be a criminal violation of Federal or state laws. It's important that you to take reasonable precautions when sharing your sensitive information with anyone over the Internet.


Equal Housing Opportunity. Any real estate advertising on this Service is subject to the Fair Housing Act, which makes it illegal to advertise "any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination." Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-699-9777.


INDEMNIFICATION


You agree to indemnify and hold us and our Affiliates, Service Providers and our licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Service, violation of this visitor agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.


GOVERNING LAW; JURISDICTION


This visitor agreement has been made in and shall be construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws rules. By using this Service, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia, for all disputes arising out of or relating to this visitor agreement or this Service.

  • Jenks has grown a lot during the past few years, but the city is gearing up for what Jenks Chamber of Commerce President  Josh Driskell says will be a game-changer: the new outlet mall. It's set to open in the middle part of next year. He says it will bring in lots of shoppers and lots of spending all over Jenks. “They're going to be in downtown Jenks, they're going to be visiting Riverwalk, they're going to be visiting restaurants all throughout the community,” Driskell said. Besides the mall, there are other notable projects, including a new hotel that recently broke ground near the Gateway Mortgage headquarters near Highway 75. Driskell said there could be a new office building coming to that area too. He says city leaders are also excited about a new octopus exhibit at the Oklahoma Aquarium which is expected to boost attendance figures there when it opens in March.
  • Beginning up to 24 hours of opening arguments, House impeachment managers started Wednesday to lay out the basics of their case against President Donald Trump, arguing the evidence is overwhelming that the President is guilty of abuse of power and obstruction of Congress. 'Ultimately, the question for you is whether the President's undisputed actions require the removal of the 45th President from office,' said Rep. Adam Schiff (D-CA), who opened the House presentation with a speech of over two hours. 'Over the coming days, you will hear remarkably consistent evidence of President Trump's corrupt scheme and cover up,' Schiff added, arguing that Mr. Trump tried to use Ukraine to do his 'political dirty work' in an effort to smear former Vice President Joe Biden. Democrats charge the President withheld over $200 million in military aid for Ukraine in a bid to force the government to announce an investigation of Biden, and another investigation into what Schiff labeled 'that crazy conspiracy theory,' where Ukraine - and not Russia - hacked Democrats during the 2016 campaign. At the first break of the afternoon, the sharp break along party lines was clearly evident as Senators spilled out of the chamber. 'So far, we haven't heard anything new,' Sen. John Cornyn (R-TX) told reporters just off the Senate floor.  'What we ought to be presented is evidence by witnesses that have personal knowledge,' Cornyn said, drawing an approving reaction from Senate Democratic Leader Charles Schumer, who was waiting to speak to reporters. But Cornyn made clear those witnesses should have testified in the House - not in the Senate, as Democrats have asked the Senate to hear testimony. Asked if there was any deal in the works between the two parties to have witness testimony - where Democrats would be able to call former Trump aide John Bolton, and Republicans would question Hunter Biden, the son of former Vice President Joe Biden - Schumer told reporters that was not happening. 'That's not even on the table,' Schumer said. Under the rules, House prosecutors have up to 24 hours - over three days - to present their case, which means they could be talking on the Senate floor through Friday. For now, there was no evidence that it was changing any GOP minds. 'I stayed awake, but I didn't hear anything new,' said Sen. John Barrasso (R-WY).
  • Spain’s new government declared a national climate emergency on Tuesday, taking a formal first step toward enacting ambitious measures to fight climate change. The declaration approved by the Cabinet says the left-of-center Socialist government will send to parliament within 100 days its proposed climate legislation. The targets coincide with those of the European Union, including a reduction of net carbon emissions to zero by 2050. Spain’s coalition government wants up to 95% of the Mediterranean country’s electricity to come from renewable sources by 2040. The plan also foresees eliminating pollution by buses and trucks and making farming carbon neutral. Details of the plan are to be made public when the proposed legislation is sent to parliament for approval. More than two dozen countries and scores of local and regional authorities have declared a climate emergency in recent years. Scientists say the decade that just ended was by far the hottest ever measured on Earth, capped off by the second-warmest year on record. Also Tuesday, young climate activists including Greta Thunberg told the elites gathered at the World Economic Forum in Switzerland they are not doing enough to deal with the climate emergency and warned them that time was running out.
  • Mayor G.T. Bynum has confirmed to KRMG that he will name TPD Major Wendell Franklin as the next police chief for the city of Tulsa. Franklin, 46, had most recently served as commander of the department's Headquarters Division. In a public forum featuring the four finalists for the position held last Friday, Franklin spoke about the importance of using modern technology and data-driven decision making to enhance public safety. And, he promised to make the gathering and dissemination of that data as transparent as possible. Franklin was promoted over three deputy chiefs who were also finalists, Jonathan Brooks, Eric Dalgleish, and Dennis Larsen. Franklin grew up in Tulsa, and at only two years old, lost his mother to violence. But, he said Friday, he hadn't planned on a career in law enforcement until after he graduated from Booker T Washington High School. He enrolled at Tulsa Community College, where a counselor steered him toward criminal justice. He has served with the department for 23 years. 
  • Drugmaker GlaxoSmithKline has announced a temporary halt to its production of certain Excedrin headache pills, multiple news outlets are reporting. According to CNN and WSYR-TV, the company said in a statement Tuesday that it “discovered inconsistencies in how we weigh ingredients for Excedrin Extra Strength Caplets and Geltabs, and Excedrin Migraine Caplets and Geltabs.” The inconsistencies should not affect customer safety, the statement read. The company added that it is “working hard to resolve the issue as quickly as possible” but could not say when it would start producing the items again, the outlets reported. “Other Excedrin products are available along with other pain-relieving drugs, but dosages may differ,” the statement said. WSYR reported that some drugstores had a shortage of Excedrin products as a result. Read more here or here.

Washington Insider

  • Beginning up to 24 hours of opening arguments, House impeachment managers started Wednesday to lay out the basics of their case against President Donald Trump, arguing the evidence is overwhelming that the President is guilty of abuse of power and obstruction of Congress. 'Ultimately, the question for you is whether the President's undisputed actions require the removal of the 45th President from office,' said Rep. Adam Schiff (D-CA), who opened the House presentation with a speech of over two hours. 'Over the coming days, you will hear remarkably consistent evidence of President Trump's corrupt scheme and cover up,' Schiff added, arguing that Mr. Trump tried to use Ukraine to do his 'political dirty work' in an effort to smear former Vice President Joe Biden. Democrats charge the President withheld over $200 million in military aid for Ukraine in a bid to force the government to announce an investigation of Biden, and another investigation into what Schiff labeled 'that crazy conspiracy theory,' where Ukraine - and not Russia - hacked Democrats during the 2016 campaign. At the first break of the afternoon, the sharp break along party lines was clearly evident as Senators spilled out of the chamber. 'So far, we haven't heard anything new,' Sen. John Cornyn (R-TX) told reporters just off the Senate floor.  'What we ought to be presented is evidence by witnesses that have personal knowledge,' Cornyn said, drawing an approving reaction from Senate Democratic Leader Charles Schumer, who was waiting to speak to reporters. But Cornyn made clear those witnesses should have testified in the House - not in the Senate, as Democrats have asked the Senate to hear testimony. Asked if there was any deal in the works between the two parties to have witness testimony - where Democrats would be able to call former Trump aide John Bolton, and Republicans would question Hunter Biden, the son of former Vice President Joe Biden - Schumer told reporters that was not happening. 'That's not even on the table,' Schumer said. Under the rules, House prosecutors have up to 24 hours - over three days - to present their case, which means they could be talking on the Senate floor through Friday. For now, there was no evidence that it was changing any GOP minds. 'I stayed awake, but I didn't hear anything new,' said Sen. John Barrasso (R-WY).
  • The first substantive day of President Donald Trump's Senate impeachment trial turned into a late night, insult-filled battle between House prosecutors and the President's legal team, as Republicans voted down repeated efforts by Democrats to have the Senate subpoena witnesses and documents related to the Ukraine impeachment investigation. 'They will not permit the American people to hear from the witnesses,' Rep. Jerry Nadler (D-NY) said, taking direct aim at the President's lawyers. 'And they lie. And lie and lie and lie.' That prompted an immediate response from White House Counsel Pat Cipollone, who demanded that Nadler apologize, accusing him of making repeated false allegations about President Trump. 'The only one who should be embarrassed, Mr. Nadler, is you,' Cipollone said. Just before 1 am, Chief Justice John Roberts warned both sides to tone it down, his first real foray into the impeachment trial. 'I think it is appropriate at this point for me to admonish both the House managers and the President's counsel, in equal terms, to remember that they are addressing the world's greatest deliberative body,' as the Chief Justice made clear the debate was not following along the lines of civil discourse. 'I do think those addressing the Senate should remember where they are,' Chief Justice Roberts added. Democrats kept the Senate working past midnight in a bid to put Republicans on the record on calling witnesses like former Trump National Security Adviser John Bolton, acting White House Chief of Staff Mick Mulvaney, and other top officials who defied subpoenas from the House. 'The House calls John Bolton. The House calls Mick Mulvaney,' Rep. Adam Schiff (D-CA) said at one point. 'Let's get this trial started, shall we?' But with Republicans sticking together, GOP Senators defeated a series of Democratic amendments to an impeachment rules resolution on identical votes of 53-47 - straight along party lines. Democrats said there was only one reason why Republicans were not looking to hear from new witnesses - because they don't want to hear the real Ukraine story. On the other side, Republicans joined the White House legal team in blasting the demands of Democrats. 'The only thing that’s rigged is Democrats’ perpetual effort to undo the results of the 2016 election,' said Sen. Ted Cruz (R-TX). In the end, no Republicans broke ranks, as the GOP defeated 11 different amendments by Democrats to change the GOP rules plan, bringing about a final vote over 12 hours after the Senate convened.
  • Facing opposition from within Republican ranks, Senate Majority Leader Mitch McConnell presented an amended rules proposal on Tuesday to govern the start of President Donald Trump's impeachment trial, most significantly giving more time for House prosecutors and the President's lawyers to make their opening arguments. The changes came after a lunch meeting of GOP Senators, where Sen. Susan Collins (R-ME) and others expressed reservations about the idea of forcing each side to cram 24 hours of opening arguments into just two days. 'She and others raised concerns about the 24 hrs of opening statements in 2 days,' a spokeswoman for Collins told reporters. Along with that change, McConnell backed off a provision which would not allow evidence from the House impeachment investigation to be put in the record without a vote of the Senate. The changes were made as House prosecutors and the President's legal team made their first extended statements of the Trump impeachment trial. 'Why should this trial be any different than any other trial? The short answer is, it shouldn't,' said Rep. Adam Schiff (D-CA), as he made the case that the Senate rules would not pass muster in a regular courtroom. 'This idea that we should ignore what has taken place over the last three years is outrageous,' said Jay Sekulow, the President's personal attorney, who joined White House Counsel Pat Cipollone in arguing against the impeachment charges. 'It's very difficult to sit there and listen to Mr. Schiff tell the tale that he just told,' Cipollone said, in one of the first direct jabs of the impeachment trial. “A partisan impeachment is like stealing an election,” Cipollone added. While there were GOP differences on the rules package offered by Republican leaders, GOP Senators stuck together on the first substantive vote of the impeachment trial, defeating an effort by Democrats to subpoena certain materials from the White House. The first vote was 53-47 to block an amendment offered by the Democratic Leader, Sen. Schumer.  It was straight along party lines. A second vote along party lines blocked a call by Democrats to subpoena documents from the State Department. Opening arguments are expected to begin on Wednesday.
  • A GOP rules plan for the impeachment trial of President Donald Trump unveiled by Senate Republicans on Monday could pave the way for the trial to be finished in as little as two weeks, as the plan envisions squeezing 48 hours of opening arguments into just four days, with the option of voting on the impeachment articles without any additional witnesses or evidence. 'Just because the House proceedings were a circus that doesn’t mean the Senate’s trial needs to be,' said Sen. Lamar Alexander (R-TN), who fully endorsed the proposal from Senate Majority Leader Mitch McConnell. While GOP Senators said the plan would be modeled on a bipartisan rules deal at the start of the Clinton impeachment trial, there were two notable differences from 21 years ago, governing opening arguments, and the submission of evidence. While each side would get 24 hours to make their opening arguments, this GOP plan would force that time to be used in just two days - raising the specter of an impeachment trial which could stretch well into the night because of those time constraints. Another change would require an affirmative vote by the Senate to simply put the investigatory materials from the House into the trial record, something which was done automatically in the Clinton impeachment trial. Also, even if extra witnesses were approved by Senators, it would not guarantee their testimony on the Senate floor, as there would have to be a vote after the depositions on whether the witness would testify publicly. With a Tuesday debate set on the rules, Republicans also made clear they would not support any move to add witnesses until after opening arguments have been completed. 'If attempts are made to vote on witnesses prior to opening arguments, I would oppose those efforts,' said Sen. Mitt Romney (R-UT). Meanwhile, Democrats roundly denounced the GOP rules details. 'The proposal that Majority Leader McConnell just released looks more like a cover up than a fair trial,' said Sen. Chris Coons (D-DE). 'Mitch McConnell doesn't want a fair trial, he wants a fast trial,' said Sen. Mazie Hirono (D-HI). 'It's all about the cover up,' said Sen. Chris Murphy (D-CT). 'These are not the Clinton rules.' 'There’s nothing in this resolution that requires hearing witnesses or admitting evidence — which is unlike any trial I’ve ever seen,' said Sen. Tina Smith (D-MN). 'Under this resolution, Senator McConnell is saying he doesn’t want to hear any of the existing evidence, and he doesn’t want to hear any new evidence,' said Senate Democratic Leader Charles Schumer, who promised to offer amendments to the plan on Tuesday afternoon. Debate and votes on the rules resolution will start on Tuesday afternoon - and could turn into an extended battle on the floor of the U.S. Senate.
  • In a 171 page submission made to the U.S. Senate on Monday, President Donald Trump's legal team said the impeachment charges submitted by the House do not identify any violations of criminal law and should immediately by dismissed by Senators. 'The articles should be rejected and the President should immediately be acquitted,' the legal brief states, arguing the charge of 'abuse of power' does not state an impeachable offense - even though that charge was drawn up by the House in 1974 against President Richard Nixon. 'House Democrats’ novel conception of “abuse of power” as a supposedly impeachable offense is constitutionally defective,' the Trump brief states. 'It supplants the Framers’ standard of “high Crimes and Misdemeanors” with a made-up theory that the President can be impeached and removed from office under an amorphous and undefined standard of 'abuse of power.'' On the question of whether President Trump held back military aid for Ukraine while pressing the Ukraine government to announce investigations related to Joe Biden and his son, the White House legal team says there is no evidence to support those claims. 'The most important piece of evidence demonstrating the President’s innocence is the transcript of the President’s July 25 telephone call with President Zelenskyy,' the trial brief states, referring to the call which President Trump has repeatedly said was 'perfect.' 'President Trump did not even mention the security assistance on the call, and he certainly did not make any connection between the assistance and any investigation,' the White House legal team states, without mentioning that a hold was put on the aid to Ukraine 90 minutes after that phone call concluded on July 25, 2019. From the White House on Monday, the President tweeted out his familiar opposition to the impeachment trial, continuing to characterize the House impeachment process as unfair. Minutes after the White House filed its trial brief, Democrats in the House responded to his initial 'answer' to the Senate trial summons. 'The House denies each and every allegation and defense in the Preamble to the Answer,' the nine page response began. 'He used Presidential powers to pressure a vulnerable foreign partner to interfere in our elections for his own benefit,' referring to the President's interactions with the leader of Ukraine.  'President Trump maintains that the Senate cannot remove him even if the House proves every claim in the Articles of impeachment,” the House reply added. “That is a chilling assertion. It is also dead wrong,' the House concluded.