Tuesday, 31 March 2020

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Terms and Conditions of Use of the LAKE COUNTY NEWS Website ("THE LAKE COUNTY NEWS Website")

THIS SET OF TERMS AND CONDITIONS ("LAKE COUNTY NEWS Website Terms Of Use," or "Terms Of Use") APPLIES TO YOUR USE OF THE LAKE COUNTY NEWS WEBSITE. YOUR USE OF THE LAKE COUNTY NEWS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.

GRANT, RESTRICTIONS, AND OWNERSHIP

LAKE COUNTY NEWS and its suppliers, as applicable, hereby grant You the right to use the content comprising the LAKE COUNTY NEWS Website (the "Content"). You may print the Content on THE LAKE COUNTY NEWS Website intact from within your browser for personal and fair use purposes only. The Content has been compiled by THE LAKE COUNTY NEWS NEWS from a variety of sources, and is subject to change without notice. You may not attempt to "pass-off" any of the Content as your own work.

You acknowledge that certain areas of the THE LAKE COUNTY NEWS Website may apply other rights and/or restrictions to their use in their own manner ("Separate Licenses"). Any language within these Terms Of Use is subject to language in the Separate Licenses to the contrary, as to their subject matter.

The use of certain areas of the THE LAKE COUNTY NEWS Website is further restricted to THE LAKE COUNTY NEWS customers. You may not copy, adapt, modify, display, perform, or otherwise use the Content (including use the Content on any other web site or networked computer environment) for any other purpose or in any other manner without the prior express written permission of THE LAKE COUNTY NEWS or its authorized representatives, including without limitation such permission as may appear within tTHE LAKE COUNTY NEWS Website.

Your use of the Content is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Content. Any unauthorized use of any of the Content may violate copyright laws of the United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions. In many instances, the Content is subject to international patent, trademark, and trade secret laws (collectively, the "Applicable Laws"), including without limitation as indicated selectively within the Content. THE LAKE COUNTY NEWS and/or its suppliers own the Content, which is generally protected by several of the Applicable Laws.

You may use, print and/or download from THE LAKE COUNTY NEWS Website the Content displayed on THE LAKE COUNTY NEWS Website for your personal, noncommercial purposes only. If you breach any of these Terms Of Use, your authorization to use THE LAKE COUNTY NEWS Website will automatically terminate and you must immediately destroy or delete any downloaded or printed material.

You agree that the Content is the proprietary information of THE LAKE COUNTY NEWS and/or its suppliers, and that you will conform your access, copying, and use of particular Content to the applicable THE LAKE COUNTY NEWS Website purposes indicated in association with the particular Content.

IMAGES IN THE LAKE COUNTY NEWS WEBSITE

Subject to other provisions hereof to the contrary, You may not use, reproduce or distribute any image in THE LAKE COUNTY NEWS Website without securing the advance written consent of THE LAKE COUNTY NEWS. To request permission, send an This email address is being protected from spambots. You need JavaScript enabled to view it., including your name, address and a description of the purpose of your intended use and/or distribution and the image you would like to distribute.

COMMUNICATIONS FROM YOU TO THE LAKE COUNTY NEWS WEBSITE

Except for orders for products provided through the LAKE COUNTY NEWS Website and as specified in our Privacy Statement, all communications from You to THE LAKE COUNTY NEWS Website will be considered non-proprietary and non-confidential, and LAKE COUNTY NEWS will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize THE LAKE COUNTY NEWS to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever. You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using tTHE LAKE COUNTY NEWS Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of THE LAKE COUNTY NEWS Website. THE LAKE COUNTY NEWS is not liable for any unauthorized use of any accounts you establish through THE LAKE COUNTY NEWS Website by You, your employees, agents or anyone else.

AVAILABILITY OF LAKE COUNTY NEWS WEBSITE

You acknowledge that temporary interruptions in the availability of THE LAKE COUNTY NEWS Website may occur from time to time as normal events. Under no circumstances will THE LAKE COUNTY NEWS or its suppliers be held liable for any damages due to such interruptions. THE LAKE COUNTY NEWS Website and the Content may include technical inaccuracies or typographical errors. THE LAKE COUNTY NEWS Website is made available internationally and may contain references to products, programs and services of THE LAKE COUNTY NEWS and/or its suppliers that are not available in your location. Such references do not imply that THE LAKE COUNTY NEWS or its suppliers intend to make available such products, programs or services in your location.

MONITORING

It is neither the policy nor a practice of THE LAKE COUNTY NEWS to review communications with THE LAKE COUNTY NEWS Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, THE LAKE COUNTY NEWS reserves the right to review such communications but has no such obligation. THE LAKE COUNTY NEWS shall have no responsibility or liability for the content of any communications posted to THE LAKE COUNTY NEWS Website, nor for any errors or violations of any applicable laws or regulations. LAKE COUNTY NEWS will comply with court orders in any jurisdiction directing THE LAKE COUNTY NEWS to disclose the identity of anyone posting communications to the THE LAKE COUNTY NEWS Website.

LINKS WITH OTHER SITES

LAKE COUNTY NEWS is not responsible for the content of any other web site linked to or from THE LAKE COUNTY NEWS Website. If you link to another site, you leave THE LAKE COUNTY NEWS Website. If you decide to link to another site, you do so entirely at your own risk. LAKE COUNTY NEWS may provide links from THE LAKE COUNTY NEWS Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

EXPORT/ENCRYPTION CONTROL

You acknowledge that USA export control laws and regulations apply to the entire THE LAKE COUNTY NEWS Website, including without limitation the U.S. Department of Commerce Export Administration Regulations ("E.A.R.") which prohibit the export or re-export of products and technology to certain countries and persons. You hereby assure You will not export, re-export, or transfer any software (acquired by You through THE LAKE COUNTY NEWS Website ["Software"]) in violation of any applicable export control laws and regulations, including without limitation USA versions of the same. If You are outside the USA, You represent You are eligible to receive items exported from the USA and are not: (1) a resident or national of any country subject to a USA trade embargo; (2) listed on the "Entity List," "Denied Persons List," or "Specially Designated Nationals List" maintained by the U.S. government; (3) engaged in [a] civil or military nuclear activities; [b] chemical or biological weapons-related activities; or [c] missile technology in or for a country subject to USA proliferation controls; or (4) a military or nuclear end-user in Russia or an entity engaged in military or nuclear-related activities for Russia. You represent You will not supply Software to any end-user of the types listed above without prior U.S. government authorization. You acknowledge Software may contain encryption and be subject to more stringent restrictions under the E.A.R. You represent You are not a government end-user outside of the following countries: Austria, Australia, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, and United Kingdom; a government end-user is any foreign, regional, or local government department, agency, or other entity performing governmental functions. You represent You will not supply Software to any government end-user outside of the countries listed above without prior U.S. government authorization. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the LAKE COUNTY NEWS Website will supersede the provisions of this paragraph.

DISCLAIMER

THE CONTENT PROVIDED AT THIS LAKE COUNTY NEWS WEBSITE IS PROVIDED "AS IS" AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. THE LAKE COUNTY NEWS does not warrant the accuracy and completeness of the Content on the LAKE COUNTY NEWS Website. THE LAKE COUNTY NEWS takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of THE LAKE COUNTY NEWS Website. The Content at THE LAKE COUNTY NEWS Website may be out of date, and LAKE COUNTY NEWS makes no commitment to update the Content at THE LAKE COUNTY NEWS Website. Information published at THE LAKE COUNTY NEWS Website may refer to products, programs or services that are not or are no longer available in your geographic location.

LIMITATION OF LIABILITIES

IN NO EVENT WILL THE LAKE COUNTY NEWS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE LAKE COUNTY NEWS WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS LAKE COUNTY NEWS WEBSITE, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE LAKE COUNTY NEWS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through THE LAKE COUNTY NEWS Website will supersede the provisions of this paragraph.

INDEMNIFICATION

Upon the request of THE LAKE COUNTY NEWS, you agree to defend, indemnify and hold harmless LAKE COUNTY NEWS and its suppliers, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of THE LAKE COUNTY NEWS Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Content on THE LAKE COUNTY NEWS Website. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through THE LAKE COUNTY NEWS Website will supersede the provisions of this paragraph.

TRADEMARKS

The trademarks, service marks and logos (trademarks) of THE LAKE COUNTY NEWS and/or others used on the THE LAKE COUNTY NEWS Website are the property of THE LAKE COUNTY NEWS, its suppliers, or their respective owners. You may not use, and nothing contained on THE LAKE COUNTY NEWS Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on THE LAKE COUNTY NEWS Website without the written permission of THE LAKE COUNTY NEWS or the respective owner, which written permission may be expressed within the THE LAKE COUNTY NEWS Website.

AGREEMENT IN ENGLISH

You and we agree that these Terms Of Use and all related documents be written and interpreted in the English language. Les parties ont exigé que les présent contract et tous les documents connexes soient rédéges en anglais.

GOVERNANCE

This LAKE COUNTY NEWS Website is operated and controlled from THE LAKE COUNTY NEWS's offices in California, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of California (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with THE LAKE COUNTY NEWS Website and your connection to and use of THE LAKE COUNTY NEWS Website. Both THE LAKE COUNTY NEWS and You submit to exclusive jurisdiction in California and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Lake County, California.

THE LAKE COUNTY NEWS makes no representation or warranty that any communications or Content on the LAKE COUNTY NEWS Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our LAKE COUNTY NEWS Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect.

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