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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

  • Over a week after being publicly ridiculed for losing her seat in Congress by President Donald Trump, Rep. Mia Love (R-UT) on Friday night was on the verge of pulling off a stunning comeback in her re-election bid, as the continued counting of ballots in her Utah district finally pushed her into the lead by a slender 419 votes. “Hard to see how she relinquishes that now,” said Dave Wasserman, an elections expert who has been forecasting a possible comeback by Love for several days. Still being tabulated are thousands of provisional ballots in Utah and Salt Lake counties, which take time to verify, as Utah and a number of other states slowly push their way through the votes of the November mid-term elections. The jump into first place for Love came as a judge tossed out a lawsuit that she filed – which oddly would have stopped vote counting in Salt Lake County – a move that her opponent said ‘smacks of desperation.’ “Utah voters deserve better than this,” said Democrat Ben McAdams. With the Utah County numbers posting, Rep. Mia Love has taken a 419-vote lead over Ben McAdams. #utpol — #VoteGehrke (@RobertGehrke) November 16, 2018 But the McAdams lead over Love has slowly withered away in recent days, leaving Love favored by many to win re-election. A comeback victory would be filled with irony, especially after the mocking ridicule heaped upon Love and a number of other House Republicans by President Donald Trump, who said the day after the elections that Love and others were defeated because they refused to embrace him. “Mia Love gave me no love and she lost,” the President said, almost seeming to enjoy the outcome. “Too bad. Sorry about that Mia.” President Trump lists Republicans who didn't embrace him and lost. 'They did very poorly. I'm not sure that I should be happy or sad, but I feel just fine about it.' 'Mia Love gave me no love and she lost. Too bad. Sorry about that Mia.' pic.twitter.com/ZV7EKcWjLX — CSPAN (@cspan) November 7, 2018 Two weekends after the elections, a small number of races remained undecided – with some that could stretch until after Thanksgiving: FLORIDA SENATE – With a manual recount finishing up, and Florida’s 67 counties waiting through Saturday to deal with any other stray ballots, Gov. Rick Scott (R-FL) seems headed for victory over Sen. Bill Nelson (D-FL). This will give the GOP a big victory, and a 2 seat margin in the U.S. Senate. From a statistical/electoral/historical perspective, Scott's defeat of Nelson is pretty much unmatched in recent political history. Beating a swing state opposition party senator without a hint of scandal in a midterm… It's quite impressive. — (((Harry Enten))) (@ForecasterEnten) November 17, 2018 CALIFORNIA 39 – This is the first of six (or maybe seven) undecided House races. After holding the lead for days, Republican Young Kim has now been swamped by late votes coming from both Orange and Los Angeles counties, and now trails Democrat Gil Cisneros by over 3,000 votes. This should complete what is a total GOP wipeout in Orange County, as Democrats would gain six GOP seats in the Golden State. Congressional districts in Orange County, Calif. in 2016 and in 2018 pic.twitter.com/TWRQ1pPzS4 — Morning Joe (@Morning_Joe) November 16, 2018 CALIFORNIA 21 – This seat has already been called by the AP and other news organizations for the Republicans, but as the votes keep coming in, Rep. David Valadao’s lead keeps shrinking, and some wonder if he can hold on. This might be a long shot, but it bears watching. It’s hard to fathom that Democrats could gain a seventh seat in California. We've been watching CA-21 like a hawk for more than a week now, and the chance for Democrat T J Cox to catch up to Valadao has gone from remote but intriguingly possibile to plausible. We're moving this one to our uncalled races tab. https://t.co/FeGWU7SsoE — Daniel Donner (@donnermaps) November 17, 2018 UTAH 4 – As mentioned above, Rep. Mia Love (R-UT) now has the lead. This would be a big save for Republicans, who have had very little to cheer about in the past 10 days since the elections. In fact, there has been an almost daily drumbeat of Democratic victories each night since then, as they edge closer to a possible pickup of almost 40 House seats, their largest gains since 1974 after Watergate. BREAKING: As expected, #UT04 GOP Rep. Mia Love (R) has pulled into the lead over Ben McAdams (D) by 419 votes. Hard to see how she relinquishes it now. https://t.co/nfsptUdHiN — Dave Wasserman (@Redistrict) November 16, 2018 NEW YORK 22 – This seat can probably be called for the Democrats by the AP and other organizations, as absentee ballot counts on Friday went clearly for Democrat Anthony Brindisi, leaving Rep. Claudia Tenney (R-NY) behind by over 3,000 votes in this northern New York district. This is not a spot where the GOP should have lost. @Redistrict Brindisi lead in NY22 has surged to more 3000 votes! I see no path to victory for Tenney. She's falling further behind as more ballots are counted, that's a losing combination, a larger deficit, and fewer votes left to count. https://t.co/ae1Ny8Osws — Kevin O'Connell (@Kevtoco) November 17, 2018 NEW YORK 27 – Indicted Rep. Chris Collins (R-NY) still leads by over 1,000 votes in this western New York district, with one big cache of absentee ballots and provisionals to count next Tuesday around Buffalo. Democrat Nate McMurray has been winning a majority of absentee ballots in recent days in counties where he lost the Election Day vote, making some wonder if he has a chance to win this race at the last minute next week. This is the equivalent of betting a horse that’s maybe 9-1. It might win. Nate McMurray continues to gain ground in counties that he lost to Rep. Chris Collins in. Biggest test will be Tuesday when the Erie County absentee and affidavit votes will be counted. https://t.co/f5nincKkZx — WGRZ (@WGRZ) November 16, 2018 GEORGIA 7 – While the race for Governor is over, Rep. Rob Woodall (R-GA) has a 419 vote edge in this suburban Atlanta district, with all of the votes counted. Democratic challenger Carolyn Bourdeaux announced on Friday afternoon that she would ask for a recount. While a recount doesn’t usually switch the outcome, we have certainly seen in Florida and other states in recent days where there are tabulation errors uncovered – so you can’t say this is in the bag for the GOP – but they are favored. News: We will file for a recount of the 7th district race. With a margin of only 419 votes (0.14%), we want to make sure every vote was counted correctly & fairly. It is crucial that every eligible vote is counted & every voice is heard. #GA07 #GAPol — Carolyn Bourdeaux (@Carolyn4GA7) November 16, 2018 TEXAS 23 – Even though she’s behind by just under 1,000 votes, Cindy Ortiz Jones spent the week in Washington going through freshman orientation, but that may not work out for the Texas Democrat, as Rep. Will Hurd (R-TX) seems like he’s in good position in this race, leading by 0.5 percent. Hurd’s people on Friday were declaring victory, but it wasn’t clear if Jones would press for any kind of vote review. Republicans are favored to hold on to this border district, but it was much closer than anyone had predicted. Bexar County has finished counting, leaving only six votes left to count (Kinney & Upton). @WillHurd has won by 928 votes, this race is over #TX23 — Connor Pfeiffer (@ConnorPfeiffer) November 16, 2018 Democrats right now have a net gain of 36 seats – they should win at least two of the undecided races left, and have an outside chance at others. Right now, the new Congress stands at 231 Democrats to 198 Republicans, with six seats undecided. One final note – this extended time of vote counting is totally normal. Reporters follow it every two years, but many partisans think there is something amiss.
  • The Jacksonville Sheriff's Office says an active investigation is underway after their officers were involved in a shooting in the Paxon area on the Westside.  The Director of Investigations and Homeland Security with JSO, Ron Lendvay, says the shooting stemmed from a traffic violation at around 4:00 PM Friday.  'A field training officer and his recruit were working in the area of St. Clair and Detroit Street, when they observed a traffic violator. The violator was observed running a stop sign and increasing his speed. The officers activated their overhead emergency lights and noted that the passenger side kept opening and closing as the vehicle continued on,' explains Lendvay.  At some point, the officers say the vehicle stopped to let someone out of the passenger side on Melson Avenue. JSO says that person was seen by the officers with a pistol in his hand.  Officers stopped to chase that man and the field training officer was able to catch up to him. At some point during their interaction, police say the officer fired several shots at him.  The suspect was hit by the gunfire, taken into custody, and then to the hospital, where police say he underwent surgery. He's now described as being in critical condition, but currently stable at the hospital.  As this chase and shooting was occurring, Lendvay says the original driver abandoned the vehicle nearby and fled on foot as did another passenger. At this time, neither of those individuals have been found.  Lendvay says several officers involved in different portions of this incident were wearing body cameras. That video is still in the process of being collected and will be reviewed.  At this time, police say it's not clear if the suspect fired any shots or what exactly occurred during the interaction with the officer.  The sheriff's office plans to release further information on this shooting on Saturday. WATCH FULL BRIEFING FROM JACKSONVILLE SHERIFF’S OFFICE:
  • Gas prices are down across the country right now, which is good news if you plan on driving to visit friends or family for Thanksgiving. Depending on which way you are going, you might want to fill up before you leave, says Patrick DeHaan, Head of Gas and Petroleum Analysis at Gas Buddy.  'Generally, if you are heading out of the state, wait until you cross out of Florida to fill up,' he says.  But if you are heading south to places like Miami or the Florida Keys, you'll want to get your gas before you get too far south, because that's where the prices are the highest.  Although prices are down right now across Florida, states like Georgia, South Carolina and Alabama are generally going to be cheaper to top off your tank, DeHaan says.  GasBuddy.com is a website with a free app that directs you to the most affordable gas stations in your area. But DeHaan says as a general rule in the Southeast, the farther south you go the higher the gas prices get.  DeHaan says in Georgia into the Carolinas it can be anywhere from 10 to 15 cents cheaper per gallon than Florida. Gas Buddy can help you find the cheapest prices no matter where you go.
  • A Middleburg man has been found guilty of aggravated battery with a deadly weapon and leaving the scene of a crash involving injury, after an incident involving his ex-girlfriend. The State Attorney's Office says Larry Jamison now faces a maximum of 15 years in Florida State Prison, after they say surveillance video showed the entire incident.  According to investigators, Jamison drove his car into his ex-girlfriend as she was walking to church back in February. Investigators say just after hitting her, he got out of his car and yelled at her, and then drove off.  He was then later found by police in the church and acting as if the incident hadn't happened.   Jamison's sentencing hearing has been set for the week of December 3rd.
  • A former Alabama nurse accused of poisoning her private investigator husband had a preliminary hearing Thursday, at which time the shocking details of the crime were revealed for the first time. Marjorie Nicole “Nikki” Cappello, 32, of Huntsville, is charged with murder in the September death of her husband, New York native Jim Cappello Jr. AL.com reported that Jim Cappello, who was reported missing by his wife, was found dead at the couple’s south Huntsville home Sept. 22.  The registered nurse surrendered her license six days later, Alabama Board of Nursing records show.  Nikki Cappello, who jail records show is out on $100,000 bond, waived her right to appear at the preliminary hearing, but members of Jim Cappello’s family were in the courtroom as prosecutors and investigators laid out their case.  >> Read more trending news “Honestly, the family gets a lot of respect from me,” Assistant Madison County District Attorney Tim Douthit told WAFF 48 News. “I don't know if I would be able to sit there and listen to all of that and keep a straight face the way that they did. The evidence that came out today was pretty clear and horrendous.” Lead investigator Mike DeNoon testified Thursday that the investigation showed Jim Cappello, 37, had become suspicious that his wife was abusing narcotics. According to WAFF, he had begun gathering evidence against her, so he could file for divorce and obtain custody of their 4-year-old daughter, Ryleigh. According to his LinkedIn profile, Jim Cappello worked for Posey Investigations for several years before opening his own business, Cappello Investigative Agency, in 2012. DeNoon testified that Nikki Cappello reported her husband missing Sept. 21. The detective said that Jim Cappello’s co-workers had become concerned because he had not shown up for work. When they went to the couple’s home, however, Nikki Cappello would not let them inside, DeNoon said. Jim Cappello’s car was parked outside the house. According to WAFF, DeNoon testified that Nikki Cappello called a friend, Crystal Anderson, the following day and admitted she had killed her husband with insulin. Anderson told investigators that her friend asked her to come and help her get rid of the body. DeNoon said that Nikki Cappello put Anderson on hold for a few moments before returning to the line and telling her not to worry, that another friend was on the way to help her.  A concerned Anderson called police, WAFF reported. Police officials are trying to determine who the other friend was, the news station said.   A foul odor and a freshly dug grave Patrol officers were dispatched to the Cappello home, where one officer went to the front door and a second went around back, WAFF said. DeNoon testified that the officer at the front door smelled the odor of a dead body when Nikki Cappello answered the door. The officer around back found what appeared to be a freshly dug grave, DeNoon testified. The officers detained Nikki Cappello on the front porch and called detectives in.  WAFF reported that DeNoon, who was one of the investigators called to the scene, testified he also smelled the odor of human decomposition when he arrived. He said he asked a visibly nervous Nikki Cappello for permission to search her home. She gave permission for the investigators to search everywhere but the garage, the news station reported. DeNoon said Nikki Cappello was taken to the police station for questioning and he obtained a search warrant for the entire property. Jim Cappello’s body was found sprawled on a tarp on the garage floor, his feet on the floorboard of a car as though someone had tried to move him into the vehicle.  DeNoon told the court that the defendant acted as though nothing was wrong when she was told about the discovery, according to WAFF.  “You know I went inside. You know I found him, right?” DeNoon testified that he asked her.  “Yes, I knew he was there,” Nikki Cappello allegedly responded.  Though Jim Cappello’s final autopsy report is pending, the medical examiner told DeNoon the private detective was poisoned using insulin, WAFF reported.  DeNoon told the court that investigators went to the hospital where Nikki Cappello was a charge nurse and spoke to her co-workers, who said she often talked about her problems with her husband and said she would only be rid of him if he were dead, the news station said.  Hospital workers who looked through their medication supply found that some insulin was missing, WAFF reported. DeNoon said Nikki Cappello told him she’d accidentally brought a bottle of the diabetes drug home with her.  Jim Cappello apparently found the bottle and took a photo of it before texting the photo to a friend, WAFF said. At the time, he appeared not to know what the drug was.  Madison County District Judge Claude Hundley III ordered that the murder case go before a grand jury.  ‘Please make today like your last’ Jim Cappello’s obituary described him as an asset in multiple facets of his life, especially to the legal community. “He was an avid car enthusiast, passionate about helping people and providing for his family (was a) priority,” the obituary read. “Jim was a well-known proud father who cherished every smile and laugh from his baby girl.” Jim Cappello’s father and sister sat through Thursday’s testimony. Afterward, they told WAFF they felt it was important to be there, even though they had to come from out of state.  “It was pretty intense but I'm glad it’s going to move on,” Jim Cappello Sr. told the news station. 'We want to be part of the whole thing. He didn’t deserve this, but he deserves justice. He’s my son and I miss him.” The younger Jim Cappello’s sister, Jamie Weast, said she’s hopeful the family can get some closure through the legal process.  “He’s shining down on us right now. He’s with us every step of the way,” she said. “We’re doing everything that we're capable of every day to remember and honor him.” The family started a Facebook page, Legacy of James Cappello, for relatives and friends to share memories of him so Ryleigh, who is being cared for by the Cappello family, will remember her doting father. Many friends shared memories addressed directly to the little girl. “Your dad worked at McDonald’s during high school,” one man wrote. “Happy Meals included a Beany (sic) Baby doll. He used to complain about being surrounded by these furry toys. “Yet he fell in love with them when you came along. You were his hero. With or without fries.” Weast posted a text message her brother sent her on Mother’s Day, in which he said a friend’s mother had died and he was helping the friend out. He told her he was thinking of the people in his life and things happening to them. “So please make today like your last,” he wrote, according to Weast. “We don’t know. Enjoy it. And have everyone around you enjoy it. Love you so much. Can’t handle the thought of you not there.”  

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