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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.

The Latest News Headlines

  • Students at Indiana’s Noblesville West Middle School are hailing a science teacher as a hero for his actions Friday, when a boy opened fire on classmates at the school. >> Read more trending news A teacher, identified by The Indianapolis Star as Jason Seaman, sprung into action after a student asked to use the bathroom Friday morning and returned to the classroom with a pair of handguns, police said. Seventh-grader Ethan Stonebraker told The Associated Press that students were taking a test when the unidentified student walked into the classroom and opened fire. >> Noblesville, Indiana middle school shooting: 2 injured, student in custody “Our science teacher immediately ran at him, swatted a gun out of his hand and tackled him to the ground,” seventh-grader Ethan Stonebraker told The Associated Press. “If it weren’t for him, more of us would have been injured for sure.” The Star reported that Seaman was shot three times and underwent surgery Friday. An unidentified student was also injured, according to police. He released a written statement to media Friday evening:  “First of all, thank you to the first responders from Noblesville and Fishers for their immediate action and care. I want to let everyone know that I was injured (but) am doing great. To all the students, you are all wonderful and I thank you for your support. You are the reason I teach.” Jason Seaman’s brother, Jeremy Seaman, told the Star that he was not surprised by reports of his brother’s actions. “He’s not really ever been the person to run away,” Jeremy Seaman told the Star. “When the safety of the kids is at hand, it’s not surprising to me that he was going to do what he had to do.” Jason Seaman has been a teacher in Noblesville for four years, according to his LinkedIn profile. He has also served as head football coach for seventh-graders for two years. Jeremy Seaman  told the Star that his brother is married with two young children. Jason Seaman played college football for Southern Illinois from 2007 to 2010, according to ESPN. The team's head coach, Nick Hill, said in a statement Friday that Jason Seaman 'was a great teammate (and) one of the team's hardest workers.'  'You could always trust him to do the right thing,' he said. Jason Seaman continued to recover Friday. Police continue to investigate the shooting.
  • A former NAACP official who made international headlines in 2015 when it was discovered she had posed for years as a black woman has been charged with fraud, accused of cheating the government out of $8,847 in public assistance.  Rachel Dolezal, who in 2016 changed her name to Nkechi A. Diallo, was charged Tuesday with first-degree theft by welfare fraud, second-degree perjury and false verification for public assistance, according to court documents obtained by KHQ-TV in Spokane, Washington. The victim in the case is listed as Washington state’s Department of Social and Health Services.  Dolezal resigned from her post as head of the Spokane chapter of the NAACP in June 2015 after her white parents came forward and revealed her true lineage. She first applied for public assistance for her and her teenage son two months later, claiming that she no longer was able to find work, the Spokane Spokesman-Review reported.  Dolezal, who also worked as a professor of African-American studies, was first questioned about her ethnicity during an interview with KXLY in Spokane. Dolezal in that interview talked about alleged hate crimes she’d reported to police over the years, including nooses she said were hung at homes where she and her two sons lived.  About eight minutes into the raw interview footage, the reporter showed Dolezal a photo of a black man she said was her father, asking if the man was really her father.  “I don’t know what you’re implying,” Dolezal said.  “Are you African-American?” the interviewer asked.  “I don’t understand the question of -- I did tell you that yes, that’s my dad.” “Are your parents, are they white?” the reporter asked. Dolezal walked away from the interview.  Dolezal said in later interviews that she identifies as black, a claim that has brought the term “transracial” into the national conversation about race. She is the subject of a Netflix documentary, called “The Rachel Divide,” that premiered in April.  The court documents outlining the charges against Dolezal, who is now legally known as Diallo, allege that the DSHS’s Office of Fraud and Accountability learned in March 2017 from one of its criminal investigators that she had written and published a book. The investigator, Brad Borden, knew from previous news articles that Diallo had admitted to going on public assistance since her lies about her background had been uncovered.  Diallo told The Guardian for one of those news stories, published on Feb. 25, 2017, that she was jobless and had to resort to feeding her children through the Supplemental Nutrition Assistance Program, formerly known as food stamps.  “A friend helped her pay this month’s rent; next month she expects to be homeless,” the newspaper reported. “She has applied for more than 100 jobs, but no one will hire her, not even to stack supermarket shelves.” Borden found ample reason to doubt those claims, according to authorities.  “(Borden) conducted a review of Diallo’s DSHS records and found she had been reporting her only source of income was $300 per month in gifts from friends,” the DSHS’s investigative report stated. “He researched the publisher of Diallo’s book and found a typical contract would include payments of $10,000 to $20,000 as advances against later royalties.” Borden learned about the published book, “In Full Color: Finding My Place in a Black and White World,” from Diallo’s LinkedIn profile, the investigative report said.  DSHS fraud investigators subpoenaed Diallo’s self-employment records in September, as well as her bank statements from 2015 to the present. The records showed that Diallo had failed to report all her income to the department, the report said. Investigators said her bank statements showed she deposited just under $84,000 into her account in the two years subpoenaed. Investigators found during their probe that aside from the income from her book, Diallo also failed to report her income from speaking engagements, soap making, doll making and the sale of artwork she created, the report said.  Diallo’s business license indicated she had registered businesses under the trade names Melanin Spectrum, Gimme Some Sugar, Living Spectrum Studios, Rachel Dolezal, Royal Soaps and Shine On, the investigative report said.  Read the entire report from DSHS investigators here. When Diallo was called in for an interview last month, she invoked her rights and refused to speak with investigators. The investigators ended the interview. The investigative report said that Diallo was informed multiple times of the reporting requirements to receive assistance, as well as the possibility of criminal prosecution if she “willfully provided false information or failed to accurately report her circumstances.” Further details of the investigation indicate that, when applying online for assistance in August 2015, Diallo, who then still went by Rachel Dolezal, reported zero expected monthly income and said she and her son were living off $480 in child support. She also stated she had just $54 in her bank account at the time.  Her bank records show she actually had nearly $2,000 in her account on the day she signed the application, the report said.  A few days later, in a telephone interview with a welfare worker, Diallo claimed she was behind on her rent because of her lack of income, the report said. In that call, she was told to report by Sept. 10 if her gross monthly income exceeded the threshold of $1,726.  Bank statements show that, while Diallo was claiming little to no income, she deposited nearly $3,000 per month that September and October, the investigators said. In November, they said, she deposited more than $11,000.  In January 2016, she reported no income changes on her mid-certification review, the investigative report stated.  >> Read more trending news Diallo is accused of continuing the deception throughout 2016, bringing in up to $6,600 each month despite requesting food assistance for herself and her two sons, the report said. She reported no cash or money in her bank accounts on her June 2016 eligibility review, despite having more than $3,000 in her checking account at the time, investigators said.  According to the report, she also failed to report receiving unemployment benefits, citing child support as her sole source of income.  In January 2017, around the time of her name change, Diallo’s mid-certification review indicated no change in her income level, the investigative report said. At that time, she was asked about her rent and utility costs, which the report said she listed as $1,094.  She was asked how she paid those expenses with just $480 in child support each month.  “Barely! With help from friends and gifts,” Diallo responded, according to the report.  She told The Guardian the following month that she and her children were near homelessness, though her bank records showed that she deposited about $3,000 in January and February.  Investigators allege that Diallo continued the deception about her income through March 2017, when Borden requested the investigation, and beyond. She reported a change of circumstance in November but claimed it was for a one-time job for which she earned $20,000 for speaking and voice-overs, investigators said.  Diallo was largely criticized on social media following the news of the pending charges. Twitter was also abuzz with jokes.   If convicted, Diallo faces 15 years in prison on the charges, KHQ-TV reported. She will be arraigned June 6 in Spokane County Superior Court.  
  • Amid litigation and blame being thrown from both sides, the City of Jacksonville has taken new action against the Jacksonville Landing.  WOKV has obtained a letter from the Office of General Counsel to Jacksonville Landing Investments, through Sleiman Enterprises, notifying the owner of the Downtown Riverfront mall that the City would be terminating the lease agreement.  The letter builds on a prior notice from the City, which was sent in October, saying JLI was in breach of the lease agreement. The complain said the Landing was not operating as a “first class retail facility”, and listed complaints from vacant spaces to disrepair. The City says JLI has failed to “cure its breach”, and as such, the City is terminating the lease.  “The City demands that JLI provide it with immediate access to, and possession of, the Leased Property and all Building Improvements and other fixtures thereon. Additionally, the City requests that JLI provide copies of all sub-leases currently in effect for the Property,” says the OGC letter, dated today.  The City owns the land, but leases it to Sleiman Enterprises, which owns and operates the building itself. JLI took over a prior lease agreement in 2003.  Following the October claim, JLI sued the City in November, with claims including that the City has not delivered on adequate parking or security.  The parties are involved in other legal disputes, including one from 2015 that relates to the purchase of a parcel and another from early this year over docks that were damaged in Hurricane Matthew.  A Jacksonville Landing spokesperson tells WOKV they did receive the letter from the City. They are working on a response, and this story will be updated as that’s available.
  • Police took a middle school student into custody Friday morning on suspicion of firing shots at Indiana’s Noblesville West Middle School, leaving at least two people injured. >> Read more trending news Update 7:44 p.m. EDT: Jason Seaman, the teacher injured in the shooting, released a statement Friday evening: “First of all, thank you to the first responders from Noblesville and Fishers for their immediate action and care. I want to let everyone know that I was injured (but) am doing great. To all the students, you are all wonderful and I thank you for your support. You are the reason I teach.” Update 2:50 p.m. EDT: The Indianapolis Star identified the teacher injured in Friday’s shooting at Noblesville West Middle School as Jason Seaman. The newspaper reported he was shot three times while knocking the gun out of the hands of a middle school student who fired shots at the school. Jason Seaman’s brother, Jeremy Seaman, told the newspaper that he was not surprised by reports of his brother’s actions. Students have told several news stations that his quick thinking saved an untold number of lives. “He’s not really ever been the person to run away,” Jeremy Seaman told the Star. “When the safety of the kids is at hand, it’s not surprising to me that he was going to do what he had to do.” Jeremy Seaman told the Star that his brother was undergoing surgery Friday. Update 2:39 p.m. EDT: Noblesville police Chief Kevin Jowitt said at a news conference Friday afternoon that the student who opened fire at Noblesville West Middle School earlier in the day asked to be excused from class before returning with a pair of handguns.  Jowitt said the student was quickly taken into custody. Update 2 p.m. EDT: A Noblesville West Middle School student told WXIN that a science teacher sprang into action Friday after a student opened fire at the school, knocking the gun from the shooter’s hand and likely saving lives. The seventh-grade girl, who was not identified, told the news station that “this science teacher bravely swatted that gun away from the gunman’s hands, saving everyone else in that room.” Another seventh-grader, Ethan Stonebraker, told The Associated Press that the shooter walked into his science class while students were taking a test. 'Our science teacher immediately ran at him, swatted a gun out of his hand and tackled him to the ground,' Stonebraker said. 'If it weren't for him, more of us would have been injured for sure.' It was not immediately clear if the teacher was the same one injured in Friday morning’s shooting.  Police said a juvenile and an adult teacher were injured when an unidentified male student opened fire at the school around 9 a.m. Another student also suffered an ankle fracture, according to officials with Riverview Health. Update 11:43 a.m. EDT: Vice President Mike Pence thanked law enforcement officers and shared condolences after a shooting at a middle school in his home state, Indiana. “Karen and I are praying for the victims of the terrible shooting in Indiana,” Pence wrote on Twitter Friday, referring to his wife, Karen Pence. “To everyone in the Noblesville community -- you are in our hearts and in our prayers.” Update 11:28 a.m. EDT: Noblesville police Chief Kevin Jowitt confirmed that a teacher and a juvenile were injured Friday morning in a shooting at Noblesville West Middle School. Police did not identify either of the victims. They were taken to IU Health Methodist Hospital and Riley Hospital, respectively, Jowitt said. Officials with Riverview Health said earlier Friday that a second student was treated for an ankle fracture after the shooting. Authorities had a suspect, identified as a male student, in custody Friday morning. Jowitt said Noblesville West Middle School had been cleared by 11:30 a.m. However, he added that authorities also received reports of a threat made at Noblesville High School. Police are investigating the report. Update 11:18 a.m. EDT: Indiana Gov. Eric Holcomb said he and other officials are monitoring the situation in Noblesville after at least two people were injured in a shooting at Noblesville West Middle School on Friday. Authorities are expected to provide additional details about Friday’s shooting in a news conference later in the day. Update 10:55 a.m. EDT: Chad Lancaster, whose eighth-grade daughter and sixth-grade son attend Noblesville West Middle School, told the Indianapolis Star that his daughter called her mother, his ex-wife, while hiding under a desk amid reports of an active shooter on campus. He told the newspaper he has been unable to get in touch with his son. “This is surreal,' Lancaster told the Star. 'This happens in high school, not here.' Officials with Riverview Health said one of the two people injured in Friday morning's shooting was taken to the hospital and transfered to Riley Hospital in stable condition. A second person, a student, was being treated for an ankle fracture. Officials told the Star earlier Friday that an adult was also injured in the shooting. A suspect, who has not been identified, was in custody after the shooting. Update 10:40 a.m. EDT: Indiana University Health officials told the Indianapolis Star that an adult and a teenager were injured in Friday’s shooting at Noblesville West Middle School. The two have not been identified. Indiana State Police said earlier Friday that they were taken to IU Health Methodist Hospital for treatment of their injuries and that their families had been notified. Update 10:20 a.m. EDT: Indiana State Police confirmed two people were taken to a hospital after authorities responded Friday morning to reports of an active shooter at Noblesville West Middle School. Officials said a suspect was in custody after the shooting. Authorities were expected to provide additional details at a news conference later Friday. Original report: Authorities confirmed around 9:40 a.m. that police had a suspect in custody after responding to a report of an active shooter situation at the middle school. Check back for updates to this developing story.
  • With Memorial Day weekend marking the unofficial start to summer-- and the real start to summer just around the corner-- the Florida Department of Children and Families is sharing safety tips to keep your children safe. John Harrell with DCF in the Northeast Florida region says drowning is a serious and tragic problem in our state.  'Florida loses more children under the age of 5 to drowning, than any other state in the nation,' says Harrell. He adds that 80% of children that die from drowning are 3-years-old and under.  But he says DCF believes drowning deaths can be prevented, though, parents need to help and take responsibility.  Harrell says one of the most important things is supervision.  'At least one person keeping a close eye on the children. And that means putting the cellphones away, avoiding any long and detailed conversations, making sure they're seeing on the children, keeping eyes on them, and are able to help quickly if the children get into trouble,' says Harrell.  DCF also strongly asks parents to consider getting children swimming lessons, as early as the age of 1.  Even with lessons, Harrell says it's important to make sure your children know not to get into water of any kind, without supervision.  When it comes to pool owners, Harrell says it's important to have gates and locks around your pool, as children are often curious.  DCF also encourages people to learn CPR, in case the skill is ever needed.  In 2017, there were more than 80 child drownings in Florida. Just this week in Jacksonville, a near drowning left a child in critical condition in Arlington. 

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