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Monday, March 18, 2024

TERMS OF USE

Terms of Use for IM NewsWatch.com

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be
bound contractually by these Terms of Use.

TERMS OF USE AND DMCA NOTICE

Effective Date: January 1, 2011

To review material modifications and their effective dates scroll to
the bottom of the page.

  1. Parties. The parties to these Terms of Use are you, and
    the owner of
    this IMNewsWatch.com website business, Business Promotion, Inc.
    (“BizPro”). All references to “we”, “us”, “our”, this “website” or this
    “site” shall be construed to mean this website business and BizPro.
  2. Modification. We reserve the right to modify these Terms of Use at any
    time, and without prior notice, by posting an amended Terms of Use that
    is always accessible through the Terms of Use link on this site’s home
    page. You should scroll to the bottom of this page periodically to
    review material modifications and their effective dates. YOUR CONTINUED
    USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW
    TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
    MODIFICATION OR NEW TERMS OF USE.
  3. Use And Restrictions. Subject to these Terms of Use and our Privacy
    Policy, you may use the public areas of this site, but only for your
    own internal purposes. You agree not to access (or attempt to access)
    this site by any means other than through the interface we provide,
    unless you have been specifically allowed to do so in a separate
    agreement. You agree not to access (or attempt to access) this site
    through any automated means (including use of scripts or web crawlers),
    and you agree to comply with the instructions set out in any robots.txt
    file present on this site. You are not authorized to (i) resell,
    sublicense, transfer, assign, or distribute the site, its services or
    content; (ii) modify or make derivative works based on the site, its
    services or content; or (iii) “frame” or “mirror” the site, its
    services or content on any other server or Internet-enabled device. All
    rights not expressly granted in this Agreement are reserved by us and
    our licensors.
  4. How We Treat Postings To This Site. We will not treat
    information
    that you post to areas of this site that are viewable by others (for
    example, to a blog, forum or chat-room) as proprietary, private, or
    confidential. We have no obligation to monitor posts to this site or to
    exercise any editorial control over such posts; however, we reserve the
    right to review such posts and to remove any material that, in our
    judgment, is not appropriate. Posting, transmitting, promoting, using,
    distributing or storing content that could subject us to any legal
    liability, whether in tort or otherwise, or that is in violation of any
    applicable law or regulation, or otherwise contrary to commonly
    accepted community standards, is prohibited, including without
    limitation information and material protected by copyright, trademark,
    trade secret, nondisclosure or confidentiality agreements, or other
    intellectual property rights, and material that is obscene, defamatory,
    constitutes a threat, or violates export control laws.
  5. Defamation;
    Communications Decency Act Notice. This site is a provider of
    “interactive computer services” under the Communications Decency Act,
    47 U.S.C. Section 230, and as such, our liability for defamation and
    other claims arising out of any postings to this site by third parties
    is limited as described therein. We are not responsible for content or
    any other information posted to this site by third parties. We neither
    warrant the accuracy of such postings or exercise any editorial control
    over such posts, nor do we assume any legal obligation for editorial
    control of content posted by third parties or liability in connection
    with such postings, including any responsibility or liability for
    investigating or verifying the accuracy of any content or any other
    information contained in such postings.
  6. Monitoring. We reserve the right, but not the obligation,
    to monitor
    your access and use of this site without notification to you. We may
    record or log your use in a manner as set out in our Privacy Policy
    that is accessible though the Privacy Policy link on this
    site’s home page.
  7. Separate
    Agreements. You may acquire products, services and/or content from this
    site. We reserve the right to require that you agree to separate
    agreements as a condition of your use and/or purchase of such products,
    services and/or content.
  8. Ownership. The material provided on this site is protected
    by law,
    including, but not limited to, United States copyright law and
    international treaties. The copyrights and other intellectual property
    in the content of this site is owned by us and/or others. Except for
    the limited rights granted herein, all other rights are reserved. 9.
    DMCA Notice. This site is an Internet “service provider”
    under the
    Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As
    Required by the DMCA, this site maintains specific contact information
    provided below, including an e-mail address, for notifications of
    claimed infringement regarding materials posted to this site. All
    notices should be addressed to the contact person specified below (our
    agent for notice of claimed infringement): Notification of Claimed
    Infringement: Business Promotion, Inc. 3676 Gloucester Dr Suite 100
    Lexington, KY, 40510 Agent’s Name/Email Address:
    compliance.officer-at-IMNewsWatch.com Telephone: 859-523-4569
    Facsimile: 859-253-1203

    You may contact our agent for notice of claimed infringement
    specified
    above with complaints regarding allegedly infringing posted material
    and we will investigate those complaints. If the posted material is
    believed in good faith by us to violate any applicable law, we will
    remove or disable access to any such material, and we will notify the
    posting party that the material has been blocked or removed.

    In
    notifying us of alleged copyright infringement, the DMCA requires that
    you include the following information: (i) description of
    the
    copyrighted work that is the subject of claimed infringement;
    (ii)
    description of the infringing material and information sufficient to
    permit us to locate the alleged material;
    (iii) contact
    information for
    you, including your address, telephone number and/or e-mail address;
    (iv) a statement by you that you have a good faith belief
    that the
    material in the manner complained of is not authorized by the copyright
    owner, or its agent, or by the operation of any law;
    (v) a
    statement by
    you, signed under penalty of perjury, that the information in the
    notification is accurate and that you have the authority to enforce the
    copyrights that are claimed to be infringed; and
    (vi) a
    physical or
    electronic signature of the copyright owner or a person authorized to
    act on the copyright owner’s behalf. Failure to include all of the
    above-listed information may result in the delay of the processing of
    your complaint.

  9. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY
    SEPARATE
    WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR
    PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF
    OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH
    PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY
    SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT
    ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY
    DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL
    WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS,
    SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT
    LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS,
    TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY
    PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR
    WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A)
    WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN
    COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL
    MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES
    OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL
    PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS
    SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED
    WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED
    WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE
    LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG
    AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
    YOU.
  10. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR
    ITS
    LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE,
    SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY
    TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER
    ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS
    SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION,
    INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE
    OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGES.
  11. Links to This Site. We grant to you a limited, revocable,
    and
    nonexclusive right to create a hyperlink to this site provided that the
    link does not portray us or our products or services in a false,
    misleading, derogatory, or offensive matter. You may not use any logo,
    trademark, or tradename that may be displayed on this site or other
    proprietary graphic image in the link without our prior written
    consent.
  12. Links to Third Party Websites. We do not review or control
    third
    party websites that link to or from this site, and we are not
    responsible for their content, and do not represent that their content
    is accurate or appropriate. Your use of any third party site is on your
    own initiative and at your own risk, and may be subject to the other
    sites’ terms of use and privacy policy.
  13. Participation In Promotions of Advertisers. You may enter
    into
    correspondence with or participate in promotions of advertisers
    promoting their products, services or content on this site. Any such
    correspondence or participation, including the delivery of and the
    payment for products, services or content, are solely between you and
    each such advertiser.
  14. Consumer Rights Information; California Civil Code Section
    1789.3.
    If this site charges for services, products, content, or information,
    pricing information will be posted as part of the ordering process for
    this site. We maintain specific contact information including an e-mail
    address for notifications of complaints and for inquiries regarding
    pricing policies in accordance with California Civil Code Section
    1789.3. All correspondence should be addressed to our agent for notice
    at the following address: Notification of Consumer Rights Complaint or
    Pricing Inquiry: Business Promotion, Inc. 3676 Gloucester Dr Suite 100
    Lexington, KY, 40510 Contact: compliance.officer-at-IMNewsWatch.com
    Telephone:859-523-4569 Facsimile:859-253-1203
    You may contact us with complaints and inquiries regarding pricing and
    we will investigate those matters and respond to the inquiries.
    The Complaint Assistance Unit of the Division of Consumer Services of
    the Department of Consumer Affairs may be contacted in writing at 1020
    N. Street, #501, Sacramento, CA 95814, or by telephone at
    1-916-445-1254.
  15. Arbitration. Except for actions to protect intellectual
    property
    rights and to enforce an arbitrator’s decision hereunder, all disputes,
    controversies, or claims arising out of or relating to this Agreement
    or a breach thereof shall be submitted to and finally resolved by
    arbitration under the rules of the American Arbitration Association
    (“AAA”) then in effect. There shall be one arbitrator, and such
    arbitrator shall be chosen by mutual agreement of the parties in
    accordance with AAA rules. The arbitration shall take place in
    Lexington, Kentucky, USA, and may be conducted by telephone or online.
    The arbitrator shall apply the laws of the State of Kentucky, USA to
    all issues in dispute. The 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 findings of the
    arbitrator shall be final and binding on the parties, and may be
    entered in any court of competent jurisdiction for enforcement.
    Enforcements of any award or judgment shall be governed by the United
    Nations Convention on the Recognition and Enforcement of Foreign
    Arbitral Awards. Should either party file an action contrary to this
    provision, the other party may recover attorney’s fees and costs up to
    $1000.00.
  16. Jurisdiction And Venue. The courts of Fayette County in the
    State
    of Kentucky, USA and the nearest U.S. District Court shall be the
    exclusive jurisdiction and venue for all legal proceedings that are not
    arbitrated under these Terms of Use.
  17. Controlling Law. This Agreement shall be construed under
    the laws
    of the State of Kentucky, USA, excluding rules regarding conflicts of
    law. The application the United Nations Convention of Contracts for the
    International Sale of Goods is expressly excluded.
  18. Intended For Use Only Within The United States. This site
    is
    intended for use only from within the United States. We do not
    represent that this site is appropriate for use elsewhere. Access to
    this site from locations where its contents are illegal is not
    authorized.
  19. Onward Transfer of Personal Information Outside Your
    Country of
    Residence. Any personal information which we may collect on this site
    will be stored and processed in our servers located only in the United
    States. If you reside outside the United States, you consent to the
    transfer of personal information outside your country of residence to
    the United States.
  20. Severability. If any provision of these terms is declared
    invalid
    or unenforceable, such provision shall be deemed modified to the extent
    necessary and possible to render it valid and enforceable. In any
    event, the unenforceability or invalidity of any provision shall not
    affect any other provision of these terms, and these terms shall
    continue in full force and effect, and be construed and enforced, as if
    such provision had not been included, or had been modified as above
    provided, as the case may be.
  21. Force Majeure. We shall not be liable for damages for any
    delay or
    failure of delivery arising out of causes beyond our reasonable control
    and without our fault or negligence, including, but not limited to,
    Acts of God, acts of civil or military authority, fires, riots, wars,
    embargoes, Internet disruptions, hacker attacks, or communications
    failures.
  22. Privacy. Please review this site’s Privacy Policy which
    also
    governs your visit to this site. Our Privacy Policy is always
    accessible through a ink on our site’s home page.

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[wpgdprTandC]

Material Modifications Since January 1, 2011: Added GDPR acceptance button

Copyright © 2001-10 Digital Contracts,
Inc.
(http://www.digicontracts.com/). All Rights Reserved (this is not a
Creative Commons license). This document is licensed only for use by
the owner of this website. Copying or use of this document in whole or
in part by anyone other than the licensee is prohibited.

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