Effective Date: 07-09-15
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While Ledger-Enquirer.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does Ledger-Enquirer.com warrant or guarantee that any files available for downloading will be free of defects. Neither Columbus Ledger-Enquirer nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in Ledger-Enquirer.com.
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In no event will Ledger-Enquirer.com, The McClatchy Company, or their parents or affiliates be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Ledger-Enquirer.com, or any information or services provided on Ledger-Enquirer.com or in its mobile apps, even if Ledger-Enquirer.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on Ledger-Enquirer.com or in its mobile apps. IN NO EVENT WILL Ledger-Enquirer.com, THE MCCLATCHY COMPANY'S OR THEIR PARENTS' OR AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100.
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You will defend, indemnify, and hold harmless Ledger-Enquirer.com, The McClatchy Company and their parents and affiliates from: (i) your use of and access of Ledger-Enquirer.com; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of Ledger-Enquirer.com.
We may terminate these Terms of Service, your account, or your access to Ledger-Enquirer.com at any time with or without notice to you. You may terminate these Terms of Service or your account by: (a) discontinuing your use of Ledger-Enquirer.com and (b) destroying and removing all copies of Content from your Site (if any) and that is otherwise in your possession and control.
This agreement between Ledger-Enquirer.com and its users will be governed and interpreted under the laws of the state of Georgia. Courts located in Muscogee County, Georgia have jurisdiction in any dispute arising from these Terms of Service.
In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
You and Columbus Ledger-Enquirer agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service, Ledger-Enquirer.com, any subscription to Columbus Ledger-Enquirer or Ledger-Enquirer.com or any other aspect of our relationship ("Subject Legal Claim").
In an attempt to find the quickest and most efficient resolution of our issues, you and Columbus Ledger-Enquirer agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Columbus Ledger-Enquirer, 945 Broadway, Columbus, GA 31901, 706-324-5526 Attn: Unresolved Customer Issue. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Columbus Ledger-Enquirer agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration before the American Arbitration Association using its Consumer Arbitration Rules. There are two limited exceptions to this Dispute Resolution and Arbitration provision: (i) either party may pursue in small claims court any action that is within that court's jurisdiction, as long as the case proceeds on an individual basis only; (ii) either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
To help resolve any issues between us promptly and directly, you and Columbus Ledger-Enquirer agree to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. You and Columbus Ledger-Enquirer also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Sacramento, California. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under, the Federal Arbitration Act.
You may download a form Notice to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Columbus Ledger-Enquirer, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Columbus Ledger-Enquirer reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in Columbus Ledger-Enquirer's favor, it will not seek reimbursement of our attorney's fees, regardless of who initiated the arbitration.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Service represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
These Terms of Service are void where prohibited by law, and the right to access Ledger-Enquirer.com is revoked in such jurisdictions.
The parties hereto are independent contractors, and these Terms of Service creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.
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