WEBSITE USE AGREEMENT
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
BEFORE USING THIS WEBSITE
THIS WEBSITE USE AGREEMENT APPLIES TO ALL OF THE WEBSITES LOCATED AT WWW.WVONLINE.COM (each, “this Website”, as applicable).
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS WEBSITE USE AGREEMENT AS MORE SPECIFICALLY SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
By accessing this Website (including extensions thereof and links contained therein) you are agreeing to the terms and conditions of this Website Use Agreement (“Agreement”) with Citynet, LLC (“Citynet”), and you agree to be bound by all of the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, you must immediately cease your use of this Website. If you remain on this Website, you agree to be bound by this Agreement.
Limited permission to copy all documents and related graphics from this Website is granted to you subject to the following conditions:
- The materials provided herein are for personal, non–commercial use only;
- Any copies of documents contained on this Website or portions thereof must include the following copyright notice – “Citynet, LLC – © 2007. All rights reserved”, and
- You may not copy or print more than one copy of material posted on this Website.
Documents published by Citynet on this Website may contain other proprietary notices or describe products, services, processes or technologies owned by Citynet or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Citynet or any third party. Except as expressly granted under this Agreement, all rights are reserved by Citynet.
You may not display this Website in frames or utilize any other techniques to display this Website (or any content on this Website) without the prior express written consent of Citynet. You may not use any meta tags or any other “hidden text” utilizing Citynet’s name or trademarks without the prior express written consent of Citynet. You may not use Citynet’s domain name as a pseudonymous return e–mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using this Website. You may not link to this Website without Citynet’s prior written consent, which consent may be withdrawn by Citynet at any time, with or without notice, in Citynet’s sole discretion.
You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from this Website, without Citynet’s prior written consent, which consent may be withdrawn by Citynet at any time, with or without notice, in Citynet’s sole discretion.
The Citynet name and logo, the WVonline.com marks, and all other related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Citynet or its affiliates and may not be used in any manner without the prior written consent of Citynet or the Citynet affiliate that owns any such mark(s). All other trademarks and service marks are trademarks of their respective owners.
Citynet is under no obligation to monitor the information residing on or transmitted to this Website. However, anyone accessing this Website agrees that Citynet may monitor the contents of this Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate this Website properly or to protect itself and its users. Citynet reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to this Website (or the server(s) that host this Website) that it, in its sole discretion, believes is unacceptable, inappropriate or in violation of the terms and conditions of this Agreement. This Website and any Third Party Site (defined below) may contain content provided by advertisers or other third parties that may not be suitable for children. Citynet asks parents or legal guardians to assist Citynet by supervising the activities of children at this Website. Citynet does not knowingly collect personal information from children through this Website. Citynet hereby reserves the right to control all content on the Website, including, without limitation, the right to edit, modify and remove any and all content.
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. CITYNET ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE.
IN NO EVENT SHALL CITYNET OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER CITYNET HAS BEEN ADVISED OF THE POSSIBILIT OF SUCH DAMAGE.
Any material on this Website may include technical or other inaccuracies or typographical errors.
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES.
CITYNET AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY CITYNET, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER CITYNET NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER CITYNET NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS THE RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, EDITORIAL COMMENT, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS THE RESULT OF AN ADVERTISEMENT OR OTHER INFORMATIO OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply the endorsement, sponsorship or recommendation by Citynet. Product and service information is the sole responsibility of each individual vendor. Citynet is not obligated to monitor the rating system provided on the Website or the contents of any ratings provided by any person or entity.
Consumer reviews and ratings on WVonline.com are from our members who have elected to post a review. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
By contributing or submitting any content to WVonline.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Citynet a worldwide, perpetual, irrevocable, royalty–free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Citynet, its agents, subsidiaries, members, managers, affiliates, co–brand partners or other partners and their respective directors, officers and employees. Citynet reserves the right to change, condense or delete any content on WVonline.com that Citynet deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references addresses, email addresses, contact information or phone numbers;
- or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree that you will comply with any security processes and procedures (such as passwords) specified by Citynet with respect to access to or use of this Website. Further, you agree not to access or attempt to access any areas of or through this Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Citynet. You agree that you will not disrupt the functioning of this Website or otherwise act in a way that interferes with the use of this Website by others.
Citynet reserves the right to change any of the terms of this Website Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the Website Use Agreement link in the footer of this Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use this Website after changes are posted, you accept the changes and agree to the terms and conditions thereof.
Citynet has the right to terminate, suspend or restrict your access to this Website, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access this Website.
Citynet further reserves any and all remedies at law or equity in connection with your violation of the terms of this Agreement.
You agree, at your own expense, to indemnify, defend and hold Citynet (and its subsidiaries, officers, directors, members, managers, agents, employees and third parties providing content on this Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) any violations of this Agreement or (b) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), and (iv) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).
Should any user of this Website provide Citynet with information, including but not limited to feedback, data, questions, answers, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non–confidential, and Citynet assumes no obligation to protect such information from disclosure (or any obligation of any kind with respect to such information). The submission of such information to Citynet shall in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by Citynet for any purpose whatsoever and Citynet shall be free to reproduce, use, disclose, and distribute the information to others without restriction.
If you believe content on the WVonline.com infringes your copyright, you should send notice of copyright infringement to Citynet’s Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information:
- An identification of the copyrighted work claimed to have been infringed
- An identification of the material that you claim is infringing so that we may locate it on the site
- Your address, telephone number and email address
- A statement by you that you have a good–faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
- A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
- Your signature
The notice should be mailed to:
Attn: General Counsel
113 Platinum Drive, Suite B
Bridgeport, West Virginia 26330
Or via fax to: 304–848–5410 (Attn: General Counsel)
You agree and understand that Citynet may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at this Website, and any information you may choose to post here. You should keep a copy of any material that you maintain or post at this Website because Citynet will not undertake to retain copies of any material that Citynet or others may delete from this Website.
You agree that the substantive laws of the State of West Virginia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN HARRISON COUNTY, TEXAS, FOR ANY AND ALL SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or claim you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Citynet with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by Citynet as set forth above, or (b) by written agreement signed by an authorized representative of Citynet. Any terms varying from this Agreement in any written, electronic or other communication from you are void.