Terms of Service and Privacy Policy
This agreement (the "Agreement") is entered into by and between you ("you") and Mountaineer Progress Newspaper, d/b/a Mountaineer Progress, (hereinafter referred to as "Mountaineer Progress ") regarding your use of the Mountaineer Progress service (the "Service"). By using the Service, you are entering into this Agreement with Mountaineer Progress and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as originally stated, please do not use the Service. In addition, when using particular Mountaineer Progress owned or operated services, you and Mountaineer Progress shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Mountaineer Progress properties, shall be subject to the Agreement.
1. Priority. This Agreement, in combination with Mountaineer Progress 's Privacy Policy (available here), sets forth the terms and conditions under which Mountaineer Progress makes the Service available to you. In the event of an inconsistency between this Agreement and Mountaineer Progress 's Privacy Policy, this Agreement shall control.
2. Rights Associated with the Service. The Service is designed to help you find news information that resides on both Mountaineer Progress and on sites not owned or controlled by Mountaineer Progress . In particular, the Service provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story that appears to be interesting, you will be linked to either a Mountaineer Progress page that contains the full story or to the news site on which that story appears. Mountaineer Progress owns and retains all intellectual property rights to the Service; but Mountaineer Progress does not claim ownership rights to the full news stories, which are instead held by the sites to which the Service links or other third party providers.
The news stories displayed as results, or linked to, by the Service are developed by people over whom Mountaineer Progress exercises no control. The results that appear from Mountaineer Progress 's indices are indexed by Mountaineer Progress 's automated machinery and computers, and Mountaineer Progress cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. As a result, the Service may display results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Mountaineer Progress page will not include unintended or objectionable content. Mountaineer Progress assumes no responsibility or liability under any circumstances for the content of any site included in any search results or otherwise linked to by the Service.
3. User Editor Platform. The “User Editor Platform” is a segment of the Mountaineer Progress Service that allows a user to register with Mountaineer Progress as a “User Editor.” Registering as a User Editor does not make you an agent or employee of Mountaineer Progress in any way. This Agreement applies equally to User Editors and to any Content originating from User Editors.
A User Editor will be provided access to Mountaineer Progress Wire (a collection of brief descriptions of news stories organized by locality/zip code and/or by subject). As a User Editor, you will be able to select news stories of interest to you from Mountaineer Progress Wire and post such news stories (displayed as a headline and brief description) along with your own commentary and/or criticism about those selected news stories to the Mountaineer Progress News page. As part of your own commentary and/or criticism, you may be permitted to upload, post, email, transmit or otherwise make available images, and/or hyperlinks related to those stories you choose. As a User Editor, you may NEVER add, edit, delete, modify, or otherwise alter in any way a full news story, and you will not have access to do so on Mountaineer Progress ’s Service. The full news story will always be displayed only on its original site. You may only upload, post, email, transmit or otherwise make available your own comments and/or criticism related to a particular news story. You are solely responsible for any material originating from you as set forth in the Content section of this Agreement.
As a User Editor, you will have the ability to choose forums of interest to you from Mountaineer Progress ’s Forums page and post such forums along with your own commentary and/or criticism about them to the Mountaineer Progress News page. As part of your own commentary and/or criticism, you may upload, post, email, transmit or otherwise make available images, and/or hyperlinks related to any forums you choose. You are solely responsible for any material originating from you as set forth in the Content section of this Agreement.
As a User Editor, you will have the ability to promote a story to the Mountaineer Progress News page that you alone completely author. You are solely responsible for any material originating from you as set forth in the Content section of this Agreement.
As a User Editor, you will have the ability to promote a URL to the Mountaineer Progress News page. You are solely responsible for any material originating from you as set forth in the Content section of this Agreement.
As a User Editor, you must make sure that any images and/or text that you post or link to as a URL and/or a hyperlink are under your explicit control. Linking an image and/or text from another site that is not under your control can often result in that site changing the contents of what you linked possibly violating this Agreement. If you choose to post a URL, hyperlink an image and/or any other content, you do so at your own risk to your account. By hitting the [SUBMIT BUTTON], you are warranting that you have permission to post an image and/or hyperlink, even if it is subject to copyright protection. If you submit an image and/or content that is later alleged to be a copyright infringement, Mountaineer Progress will remove that image and/or content and comply with all related legal directives. Mountaineer Progress will comply with any lawful demands related to all copyrighted work. If the image posted to Mountaineer Progress is posted illegally, Mountaineer Progress will comply with state and federal law enforcement agencies in any action regarding the illegally posted image. To the extent Mountaineer Progress is able to identify persons who are responsible for repeat postings of material in violation of copyright law or other terms of this Agreement, Mountaineer Progress reserves the right to terminate accounts of such repeat violators. All rules set forth in the Content section of this Agreement apply equally to posting images and hyperlinks as well as all other forms of posting or linking.
4. Registration. When you register on Mountaineer Progress , you must provide true, accurate and complete registration information. Should Mountaineer Progress suspect that your information is not accurate and complete, your account may be subject to suspension or termination. To comply with the Children's Online Privacy Protection Act, at this time Mountaineer Progress is only available to users who are at least 13 years old. If you are under 13, you may not register to use Mountaineer Progress service.
As part of the Mountaineer Progress Community User registration process, you will be asked to provide an email address, date of birth and to select a username and password. As part of the User Editor registration process, you will be asked to provide your full name, date of birth, email address, username and password, and a short description of your qualifications. You will not be permitted to register as a User Editor unless you are registered as a Mountaineer Progress Community User. You, not Mountaineer Progress , will be responsible for all activities occurring under your username and for keeping your password secure. Please read Mountaineer Progress ’s Privacy Policy for additional information as to Mountaineer Progress ’s handling of your personal information. Mountaineer Progress retains the right to revoke and/or terminate any user’s (including User Editor’s) registration and all privileges associated with such registration at any time, including for any violation of this Agreement.
5. Use of the Service. You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: use the Service to sell a product or service; use the Service to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Service and reformat and display them, or mirror any portion of the results on your Web site; or use the Service as part of a "meta-search" offering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. If you are uncertain whether your intended use of the Service is permissible, please contact us. In addition, Mountaineer Progress shall have the right in its sole discretion to suspend or terminate the Service or your access to it.
6. Content. “Content,” as used herein, is all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted. “User Content” is any Content provided by and/or originating from a Mountaineer Progress user. “User Editor Content” is any Content provided by and/or originating from a Mountaineer Progress User Editor, a user who properly registers on the User Editor Platform by providing all necessary information. As used herein, “Content” refers to both User Content and User Editor Content unless expressly stated otherwise. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Mountaineer Progress, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with any and all Content provided by and/or originating from a Mountaineer Progress user or a Mountaineer Progress User Editor, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and/or permissions to use such Content and authorize Mountaineer Progress to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and this Agreement.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant Mountaineer Progress all of the license rights granted herein.
You understand that Mountaineer Progress does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Mountaineer Progress does not control the Content posted via the Service, Mountaineer Progress does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Mountaineer Progress be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Mountaineer Progress ’s sole discretion as to what action should be taken, including suspension and/or termination of your account.
In addition, you agree to NOT use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. upload, post, email, transmit or otherwise make available any Content that shows nudity, partial nudity or adult content;
3. upload, post, email, transmit or otherwise make available any Content that exhorts others to commit illegal acts;
4. harm minors in any way;
5. impersonate any person or entity, including, but not limited to, a Mountaineer Progress official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
7. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
9. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
10. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11. repost Content that was deleted;
12. post or submit links on behalf of someone else that was banned from the Service;
13. allow usage by others in such a way as to violate this Agreement;
14. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
15. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
16. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
17. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
18. "stalk" or otherwise harass another;
19. upload, post, email, transmit or otherwise make available any Content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
20. upload, post, email, transmit or otherwise make available any Content that includes personal or identifying information about another person without that person's explicit consent;
21. upload, post, email, transmit or otherwise make available any Content that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
22. use Mountaineer Progress as a forwarding service to another website;
23. solicit passwords or personal identifying information for unintended, commercial or unlawful use from other users;
24. exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so;
25. upload, post, email, transmit or otherwise make available any Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law; and/or
26. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge and understand that Mountaineer Progress may or may not pre-screen Content, but that Mountaineer Progress and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content for any reason, including for example, content that is available via the Service. Without limiting the foregoing, Mountaineer Progress and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mountaineer Progress or submitted to Mountaineer Progress , including without limitation information in Mountaineer Progressmess age boards and in all other parts of the Service.
You acknowledge, consent and agree that Mountaineer Progressh as the right to access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Mountaineer Progress , its users and the public. Further, Mountaineer Progress reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Mountaineer Progress and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree that Mountaineer Progressh as no responsibility or liability for the maintained or transmitted by the Service. You acknowledge that Mountaineer Progress reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Mountaineer Progress reserves the right to modify these general practices and limits from time to time.
You agree that Mountaineer Progress may, under certain circumstances and without prior notice, immediately terminate your Mountaineer Progress account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, (h) engagement by you in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Services. Termination of your Mountaineer Progress account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Mountaineer Progress 's sole discretion and that Mountaineer Progress shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
# Content Submitted for Inclusion. Mountaineer Progress does not claim ownership of Content (including User Content) that you submit or make available for inclusion on the Service. However, with respect to Content (including User Content) that you submit or make available for inclusion on publicly accessible areas of the Service, you grant Mountaineer Progress a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. The user and/or User Editor agrees never to sue Mountaineer Progress for use of said Content. Any copyright owner will cooperate with Mountaineer Progress to register such copyright should Mountaineer Progress need to enforce its licensed rights against others. "Publicly accessible" areas of the Service are those areas of the Mountaineer Progress network of properties that are intended by Mountaineer Progress to be available to the general public, including, without limitation, message boards, story submissions and/or all other areas of the site accessible by the general public.
Text comments, User Editor submissions, images and any other Content posted on Mountaineer Progress by registered users (including User Editors) may not be reposted or broadcast without the express written permission or license from Mountaineer Progress , and must attribute Mountaineer Progress as the source.
All users (including User Editors) of Mountaineer Progress certify and warrant that any Content he/she submits is his/her work and is not claimed by another. The user (including User Editor) agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if the work is found to be illegally presented, claimed by another, or forged, Mountaineer Progress may remove such material and terminate user’s account, at Mountaineer Progress ’s sole discretion. To the extent Mountaineer Progress is able to identify persons who are responsible for repeat postings of material in violation of copyright law or or other terms of this Agreement, Mountaineer Progress reserves the right to terminate accounts of such repeat violators.
# Disclaimer of Warranties. Mountaineer Progress disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by using the Service. Mountaineer Progress disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including without limitation any User Editor content and any other user generated content. Mountaineer Progress disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
THE MOUNTAINEER PROGRESS SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOUNTAINEER PROGRESSAND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. MOUNTAINEER PROGRESSAND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. MOUNTAINEER PROGRESSAND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED FROM USER EDITOR’S COMMENTS. MOUNTAINEER PROGRESSAND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
# LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MOUNTAINEER PROGRESSOR ITS LICENSORS BE LIABLE TO ANY USER (INCLUDING USER EDITORS) ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOUNTAINEER PROGRESSOR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Mountaineer Progress or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
# Requests for Removal of Links or Cached Materials. Mountaineer Progress occasionally receives requests from people to remove links from its indices. Although Mountaineer Progress reserves the right to address such requests individually, the general approach that Mountaineer Progress takes reflects the following principles:
Mountaineer Progress 's indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Mountaineer Progress cannot and does not screen anything made available through its indices. For each web site reflected in Mountaineer Progress 's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Mountaineer Progress would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
# Hold Harmless and Indemnity. You agree to hold harmless and indemnify Mountaineer Progress , and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including without limitation any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content (including but not limited to User Editor Content) you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another. The foregoing includes, without limitation, indemnity for any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Mountaineer Progress will provide you with written notice of such claim, suit or action.
# Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Mountaineer Progress and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
# Modifications of Terms. Mountaineer Progress shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your periodic review more convenient, we will post a date at the bottom of this page.
# Intellectual Property Policy. Mountaineer Progress respects the intellectual property rights of others and endeavors to comply with all applicable US laws regarding intellectual property. Accordingly, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. To the extent Mountaineer Progressis able to identify persons who are responsible for repeat postings of material in violation of copyright law, Mountaineer Progress reserves the right to terminate accounts of such repeat infringers. Further, Mountaineer Progress ’s policy is to provide attribution for the content available on the Service by linking to the source of the content. For directions and more information, please click here. For information regarding our trademark compliance procedure, please click here.
# RSS Content/Iframe. Mountaineer Progress offers RSS format feeds for each of our topical news pages, other than the front page. Access is via the XML button located on the upper right hand corner on each such page. Attribution (included in each feed) is required as set forth below.
Mountaineer Progress also offers syndication of its headlines for each of our topical news pages, other than the front page. Access is via the "Add Headlines" link located on each page.
The RSS feeds and the Iframe syndication are provided free of charge for use by individuals and non-profit organizations for personal, non-commercial uses. In both cases, we require that you provide attribution to Mountaineer Progress . In connection with the RSS feed, if you provide this attribution in text, please use: "News on [name of page] from Mountaineer Progress " and a hyperlink to the Mountaineer Progress source page. If you would prefer to provide this attribution with a graphic, please contact us so that we may provide you with the Mountaineer Progress logo. Mountaineer Progress attribution is built into the Iframe graphics, which attribution may not be edited, altered, or removed. We reserve all rights in and to the Mountaineer Progress name and logo, and your right to use the Mountaineer Progress name or logo is limited to providing attribution in connection with these RSS feeds and Iframe. We are also including the provider of each individual news story in the feed alongside each headline, along with a hyperlink to that site. Please do not alter this for display. We want our news providers to be not only attributed for their work but also receive the traffic from those interested in reading a particular story. Mountaineer Progress also reserves the right to require you to cease utilizing either the RSS feed and/or the Iframe at any time for any reason.
# Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Mountaineer Progress 's failure to act with respect to a breach by you or others does not waive Mountaineer Progress 's right to act with respect to subsequent or similar breaches. The failure of Mountaineer Progress to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of California as if made in California by two residents of that state. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Palo Alto, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Mountaineer Progress may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. This Agreement constitutes the entire agreement between Mountaineer Progress and you with respect to the subject matter hereof. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
DMCA Complaint
Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed. For example, "The copyrighted work at issue is the text that appears on www.mtprogress.net/ads."
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit Mountaineer Progress .net to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit Mountaineer Progress .net to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
Send the written communication to the address on our contact page.
Counter Notification
The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at http://www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the specific URLs of material that Mountaineer Progress .net has removed or to which Mountaineer Progress .net has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. Sign the paper.
Send the written communication to the address on our contact page.
Trademark Compliance
As a provider of space for advertisements, please note that Mountaineer Progress .net is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the ad text that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.
If you are a trademark owner (or represent a trademark owner) and have an objection to an advertiser's use of your trademark in ad text that is consistent with the foregoing, please provide the following information in a signed letter on company stationary:
1. Name of Company
2. Contact information (including email address)
3. List of trademark(s) at issue and the country/countries in which it is registered
4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad)
5. The content in the advertisement that concerns you.
6. If your site has an affiliate program, are affiliates permitted to use the trademark in the advertisement's content?
7. Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above is not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
8. Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
9. Your signature.
Please send this written communication with the above information to the address on our contact page.
Please Note: The foregoing procedure applies only to the use of trademarks in advertisements, which are clearly marked as advertisement on our pages. We do not take action on objections to the use of trademarks in site to which we link. For any such objections, please contact the site owner directly.
Privacy Policy
Mountaineer Progress respects and protects the privacy of the individuals that use Mountaineer Progress 's services ("Mountaineer Progress Services"). Individually identifiable information about you is not willfully disclosed to any third party without first receiving your permission or as explained in this privacy policy ("Privacy Policy").
Mountaineer Progress and Cookies
Upon your first visit to Mountaineer Progress .com, Mountaineer Progress sends a "cookie" to your computer. A cookie is a piece of data that identifies you as a unique user. Mountaineer Progress uses cookies to improve the quality of our service and to understand our user base more. Mountaineer Progress does this by storing user preferences in cookies and by tracking user trends and patterns of how people use the Mountaineer Progress Services. Mountaineer Progress will not disclose its cookies to third parties except as required by a valid legal process such as a search warrant, subpoena, statute, or court order.
Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Be aware, however, that some parts of the Mountaineer Progress Services may not function properly if you refuse cookies.
Third Party Cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
What Information Do We Collect?
Mountaineer Progress does not collect any unique information about you (such as your name, email address, etc.) except when you specifically and knowingly provide such information. For example, Mountaineer Progress DOES collect such information from those users registering as Community Users and/or User Editors. Mountaineer Progress notes and saves information such as time of day, browser type, browser language, and IP address with each query. That information is used to verify our records and to provide more relevant services to users. For example, Mountaineer Progress may use your IP address or browser language to determine which language to use when showing search results or advertisements.
Links to Other Sites
The stories/sites displayed and/or linked to by the Mountaineer Progress .com Service are developed by people over whom Mountaineer Progress exercises no control. Other links are also on sites not controlled by Mountaineer Progress . These other sites may send their own cookies to users, collect data, or solicit personal information. Mountaineer Progress encourages you to read the privacy policy of all web sites you visit. Mountaineer Progress may choose to exhibit its results in the form of a "URL redirecter." When Mountaineer Progress uses a URL redirecter, if you click on a URL on a Mountaineer Progress page, information about the click is sent to Mountaineer Progress, and Mountaineer Progress in turn sends you to the site you clicked on. Mountaineer Progress uses this URL information to understand and improve the quality of Mountaineer Progress 's technology.
With Whom Does Mountaineer Progress Share Information?
Mountaineer Progress may share information about you with advertisers, business partners, sponsors, and other third parties. However, we only divulge aggregate information about our users and will not share personally identifiable information with any third party without your express consent. For example, we may disclose how frequently the average Mountaineer Progress user visits Mountaineer, or which Mountaineer Progress pages are most often used. Please be aware, however, that we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order. Further, Mountaineer Progress reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
Children’s Privacy
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems.
Third Party Advertising
Mountaineer Progress uses third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.
Your consent and changes to the Privacy Policy
By using the Mountaineer Progress Services and our web site, you consent to the collection and use of your information as we have outlined in this policy and to our Terms of Service Policy. Mountaineer Progress may decide to change this Privacy Policy from time to time. When we do, we will post those changes on this page so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it.
Who can I ask if I have additional questions?
Feel free to contact us any time and we'll answer any additional questions you may have. If you have additional questions, feel free to contact us.
Date last modified: May 13, 2010
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