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Terms of Use |
| NashvilleEdge. Com is operated by Landmark of Tennessee, Inc. By using the NashvilleEdge.com website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register for a free NashvilleEdge.com account.
This Agreement sets out the legally binding terms for your use of the Website. Landmark of Tennessee, Inc. may modify this Agreement from time to time and such modification shall be effective upon posting by Landmark of Tennessee, Inc. on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. This Agreement includes Landmark of Tennessee, Inc. "policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website, and Landmark of Tennessee, Inc." Privacy Policy. You may also receive a copy of this Agreement by emailing us at legal@nashvilleedge.com.
Please choose carefully the comments you post on the Website and the information you provide in your personal profile. Your comments and personal profile may not include the following items: telephone numbers, street addresses, last names, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other registered users in their personal profile or in their reader comments may contain inaccurate, inappropriate or offensive material, products or services and Landmark of Tennessee, Inc. assumes no responsibility or liability for this material.
Landmark of Tennessee, Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline Landmark of Tennessee, Inc. event, you agree to release and hold Landmark of Tennessee, Inc. harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Landmark of Tennessee, Inc. event, even as a result of negligence by Landmark of Tennessee, Inc. . |
| 1. Eligibility. Registration for the Website is void where prohibited. By registering for the Website, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the Website will not violate any applicable law or regulation. Your personal profile may be deleted without warning if it is found that you are misrepresenting your age. Your registration is solely for your personal use, and you shall not authorize others to use your account, including your personal profile or email address. You are solely responsible for all content published or displayed through your account and for your interactions with other registered users. You may only register once for the Website. If you would like to change your user name, please e-mail us at customerservice@nashvilleedge.com. Multiple registrations will result in the removalof your registration privileges under any user name. Landmark of Tennessee, Inc. reserves the right to delete user names which might be considered objectionable.
| | 2. Term. This Agreement shall remain in full force and effect while you use the Website. You may terminate your registration at any time, for any reason, by contacting customerservice@nashvilleedge.com. Landmark of Tennessee, Inc. may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address. Even after registration is terminated, this Agreement will remain in effect, including sections 4, 5, 7 and 9-15. This Agreement may change from time to time. By registering with the Website, you acknowledge that Landmark of Tennessee, Inc. reserves the right to terminate a user's registration should the user breach this Agreement.
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| 3. Non Commercial Use. The Website is for the personal use of Landmark of Tennessee, Inc. ' users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Landmark of Tennessee, Inc. . Illegal and/or unauthorized use of the Website, including collecting user names by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is not permitted and may result in termination of registration privileges. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice and may result in termination of registration privileges. Appropriate legal action will be taken by Landmark of Tennessee, Inc. for any illegal or unauthorized use of the Website.
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| 4. Proprietary Rights in Content on Landmark of Tennessee, Inc. . Landmark of Tennessee, Inc. owns and retains all proprietary rights in the Website. The Website contains copyrighted material, trademarks, and other proprietary information of Landmark of Tennessee, Inc. . Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. RSS feeds may be republished so long as they are not modified in any way.
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| 5. Content Posted on the Site. (a) You understand and agree that Landmark of Tennessee, Inc. , in its sole discretion, may review and delete any reader comments, personal profiles, information and photographs contained in personal profiles, and messages to other registered users (collectively, "Content"). (b) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website or any material or information that you transmit to other registered users. (c) By posting any Content to the public areas of the Website, you hereby grant to Landmark of Tennessee, Inc. the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. If you would like to request that any of your Content be removed from the Website, please contact us at customerservice@nashvilleedge.com. We will consider your request, but have the right to deny any request if we determine in our sole discretion that removal of the Content in question would harm the experience of our users on the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website. (d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Landmark of Tennessee, Inc. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the registration of such violators. Prohibited Content includes Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (xi) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a personal profile. (e) You must use the Website in a manner consistent with any and all applicable laws and regulations. (f) You may not include in your personal profile any telephone numbers, street addresses, last names, URLs or email addresses. (g) You may not engage in advertising to, or solicitation of, any user of the Website to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Website. Although Landmark of Tennessee, Inc. cannot monitor the conduct of its users off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Website without their prior explicit consent. In order to protect our users from such advertising or solicitation, Landmark of Tennessee, Inc. reserves the right to restrict the number of contacts which a registered user may make with other registered users in any 24-hour period to a number which Landmark of Tennessee, Inc. deems appropriate in its sole discretion. (h) You may not cover or obscure any advertisements on your personal profile page or any other page of the Website via HTML/CSS or any other means. (i) Any automated use of the system, such as using scripts, is prohibited. (j) You may not attempt to impersonate another registered user or person who is not a registered user of the Website. (k) You may not use the account, user name, or password of another registered user at any time nor may you disclose your password to any third party or permit any third party to access your account. (l) You may not sell or otherwise transfer your personal profile.
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| 6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please send the foregoing to: Landmark of Tennessee, Inc. Attn: Copyright, 474 James Robertson Parkway, Nashville, TN 37219.
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| 7. User Disputes. You are solely responsible for your interactions with other registered users. Landmark of Tennessee, Inc. reserves the right, but has no obligation, to monitor disputes between you and other users.
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| 8. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.
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| 9. Disclaimers. The opinions expressed in Content posted on the Website are not necessarily the opinions of Landmark of Tennessee, Inc. . Landmark of Tennessee, Inc. is not responsible for any incorrect or inaccurate Content posted on the Website, whether caused by users of the Website or by any of the equipment or programming associated with or utilized by the Website. Landmark of Tennessee, Inc. is not responsible for the conduct, whether online or offline, of any user of the Website. Landmark of Tennessee, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Landmark of Tennessee, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website. Under no circumstances shall Landmark of Tennessee, Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or from any Content posted on the Website or transmitted to registered users, or any interactions between users of the Website, whether online or offline, even as a result of negligence by Landmark of Tennessee, Inc. . The Website is provided "AS-IS" and Landmark of Tennessee, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Landmark of Tennessee, Inc. cannot guarantee and does not promise any specific results from use of the Website.
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| 10. Limitation on Liability. IN NO EVENT SHALL LANDMARK OF TENNESSEE, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF LANDMARK OF TENNESSEE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LANDMARK OF TENNESSEE, INC. 'LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LANDMARK OF TENNESSEE, INC. UPON REGISTRATION OR RENEWAL THEREOF.
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| 11. U.S. Export Controls. Software from the Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
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| 12. Site Promotion. Landmark of Tennessee, Inc. may make use of or refer to user-posted content for the purpose of promotion of the Website. Such promotion will involve taking screen shots of a particular area of the Website and using that screen shot as a graphic in an advertisement. Landmark of Tennessee, Inc. makes no claim of ownership to such user-posted content.
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| 13. Disputes. Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement and to the performance by Landmark of Tennessee, Inc. or you, shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association in accordance with its Commercial Arbitration Rules at the request of either Landmark of Tennessee, Inc. or you pursuant to the following conditions:
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| (a) Place of Arbitration Hearings. Arbitration hearings hereunder shall be held in Dallas, Texas.
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| (b) Selection of Arbitrator. Within 15 days after the commencement of arbitration, Landmark of Tennessee, Inc. and you shall each select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
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| (c) Conduct of Arbitration. The arbitrators shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator shall have no power or authority to amend or disregard any provision of this section 12 or any other provision of this Agreement. The arbitration hearing shall be commenced promptly and conducted expeditiously, with each of you and Landmark of Tennessee, Inc. being allocated one-half of the time for the presentation of its case. Unless otherwise agreed by the parties, an arbitration hearing shall be conducted on consecutive days.
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| (d) Findings and Conclusions. The arbitrators shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrators shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
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| (e) Costs and Fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The prevailing party shall be entitled to an award of reasonable attorney fees.
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| (f) Litigation. Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).
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| (g) Jurisdiction. The parties consent to venue in Texas and to the non-exclusive jurisdiction of competent Texas state courts or federal courts in the Northern District of Texas for all litigation which may be brought, subject to the requirement for arbitration hereunder, with respect to the terms of, and the transactions and relationships contemplated by, this Agreement.
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| 14. Indemnity. You agree to indemnify and hold Landmark of Tennessee, Inc. , its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
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| 15. Other. This Agreement is accepted upon your use of the Website and is further affirmed by your registration. This Agreement constitutes the entire agreement between you and Landmark of Tennessee, Inc. regarding the use of the Website. The failure of Landmark of Tennessee, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
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| Privacy Policy |
| About NashvilleEdge.com |
| NashvilleEdge.com (the "Website") is an online service operated by Landmark of Tennessee, Inc. , Inc., a Texas corporation ("Landmark of Tennessee, Inc."). If you have any questions concerning this privacy policy, please email us at customerservice@nashvilleedge.com |
| Information Collection and Use by Landmark of Tennessee, Inc.
Landmark of Tennessee, Inc. gathers identifying information about individuals only when individuals provide that information on a voluntary basis pursuant to the voluntary registration process for the Website. Such information includes, but is not limited to, name, age, gender, email address, cell phone number, personal and musical interests, and geographic location. We use this voluntary profile data to (a) authenticate users, (b) send notifications to users relating to the Website, (c) assist users in communicating with each other, and (d) make offers to users that we believe may be of interest to them based on their personal profile data. With the exception of email address and cell phone number, registered users' personal profile information, including pictures, are displayed to other registered users in order to facilitate user interaction. Registered users' user names are displayed to all users, although each verified user has the option of having his or her full name displayed to all users instead of his or her user name. Under no circumstances are email addresses and cell phone numbers directly revealed to other users or disclosed to third parties other than as set forth below in the "Sharing and Disclosure of Information" section.
Landmark of Tennessee, Inc. also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from registered users and visitors to the Website. This data is used to manage the site, track usage and improve the site services. User IP addresses may be recorded for security and monitoring purposes.
Users must provide us with a valid email address in order to complete the voluntary registration process. Email addresses are used to send notifications related to the Website and to communicate special offers. Registered users may choose not to receive emails from us by changing the "Do not send me emails" setting within their personal profile. Registered users may communicate with each other through the Website without disclosing their email addresses.
Cell phone numbers are used to send text and voice message notifications related to the Website and to communicate special offers. Registered users may choose not to receive messages from us by changing the "Do not send me messages" setting within their personal profile.
Landmark of Tennessee, Inc. does not sell or make available any individual user information to unrelated third parties. We may aggregate user information for the purpose of user analyses and inform advertisers of the results of such analyses. In all such instances, Landmark of Tennessee, Inc. will refer only to general, aggregate usage data from these analyses and will never provide specific identifying information. We may also aggregate user information for the purpose of making offers to users that we believe may be of interest to them based on their personal profile data.
Third parties can read information voluntarily posted by registered users on the Website. That information can be used by those third parties to send you unsolicited messages. Landmark of Tennessee, Inc. has no control over such unsolicited messages.
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| Use of Cookies |
| The Website uses cookies to store users' preferences and to record session information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. However, you must enable cookies from www.NashvilleEdge.com in order to use most functions on the site. Third party advertisers on the site may have the ability to set and access their cookies on your computer. Advertisers' use of cookies are subject to their own privacy policies and are not subject to this Privacy Policy. |
| Email Addresses
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| From time to time, we will e-mail you about new features added to the site. |
| Links |
| The Website contains links to other websites. Landmark of Tennessee, Inc. is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on the Website. Furthermore, Landmark of Tennessee, Inc. bears no responsibility for any offensive material or violations of law on any site linked from the Website.
Correcting/Updating Information and Terminating Registration
Registered users may modify any of their personal information at any time by logging into their account and accessing their personal profile. Registered users may terminate their registration at any time, for any reason, by contacting customerservice@nashvilleedge.com. |
| Third Party Advertising |
| Ads appearing on the Website may be delivered to users by Landmark of Tennessee, Inc. or one of our advertising partners. Our advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by Landmark of Tennessee, Inc. and does not cover the use of cookies by any advertisers. |
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Security |
| Registered user accounts are secured by user-created passwords. Landmark of Tennessee, Inc. uses reasonable measures to protect registered user information that is stored within our database. Please note that we cannot guarantee the security of registered user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of registered user information at any time. For any additional information about the security measures we use on the Website, please contact us at customerservice@nashvilleedge.com.
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| Sharing and Disclosure of Information
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| Except as otherwise described in this Privacy Policy, Landmark of Tennessee, Inc. will not disclose personal information to any third party unless we believe that disclosure is necessary: (a) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Landmark of Tennessee, Inc. ; (b) to enforce our Terms of Use Agreement or to protect our rights; or (c) to protect the safety of members of the public and users of the Website. Landmark of Tennessee, Inc. reserves the right to transfer, disclose or sell personal information as part of a business divestiture, sale, merger, or acquisition of Landmark of Tennessee, Inc. or substantially all of its assets. For more information see the "Changes in Our Privacy Policy" section below.
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| Changes in Our Privacy Policy |
| From time to time we may make changes to our privacy policy. If we make changes, we will post them on the Website to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A user is bound by any changes to the policy when she or he uses the Website after those changes have been posted. If, however, we intend to use users' personally identifiable information in a manner different from that stated at the time of collection, we will post a notice of such intent on the Website 30 days prior to such action. |
| Contacting Us |
| If you have any questions about this privacy statement, the practices of the Website, or your dealings with the Website, please contact us at: customerservice@nashvilleedge.com (474 James Robertson Parkway, Nashville, TN 37219). |
| Effective Date |
| This privacy policy is effective as of August 1, 2006. |
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