Last Updated: March 30, 2015
This Visitor Agreement applies to AccessNorthGa.com; AccessWDUN.com; and WDUN.com - all of which are websites are operated by Jacobs Media Corporation (“JMC”). This Visitor Agreement is a binding legal contract between you and JMC ("we," "us" or "our") and governs your use of both websites and any content made available from or through such websites, including any subdomains' thereof. Please read this Visitor Agreement carefully. By using this 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 Visitor Agreement. We may change the terms of this Visitor Agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this Visitor 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 Visitor 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.
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 JMC websites 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 websites other than this website or for the content of any site (or application or mobile application) operated by or any services provided by any Service Provider.
We respect the privacy of the users of our Service. Please take a moment to review our Privacy Statement, which is also posted on this website.
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. “Affiliate” means a company controlling, controlled by or under common control with another company. 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 [email protected].
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. All of the following are trademarks owned by Jacobs Media Corporation: AccessNorthGa.com; AccessWDUN.com; WDUN.com; and WGGA 1240 ESPN Radio.
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 Jay Jacobs, 1102 Thompson Bridge Road, Gainesville, Georgia 30501. 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.
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.
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.
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 noncommercial 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.
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 (which is also posted on this website), 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;
- Making terrorist threats or threatening statements of any kind;
- 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.
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
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 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 1102 Thompson Bridge Road, Gainesville, Georgia 30501. Attention: Jay Jacobs.
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 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 search “Filing a Housing Complaint” at the U.S. Department of Housing and Urban Development.
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 Hall County, Georgia, for all disputes arising out of or relating to this Visitor Agreement or this Service.
Informal Dispute Resolution: You and JMC agree to try to resolve disputes informally before resorting to litigation. If the dispute cannot be resolved by telephone, you agree to notify us of the dispute by sending a written description of your claim via U.S. Mail to Jay Jacobs, 1102 Thompson Bridge Road, Gainesville, Georgia 30501, 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 court. Neither you nor we may initiate a court action without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.