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Terms of Use

Effective November 15, 2012

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

1. ACCEPTANCE OF TERMS AND CONDITIONS

This website is owned and operated by Western States Publishers, Inc. (including the urls and subdomains of fhtimes.com, myletsgo.com, fhphonebook.com) “THE FOUNTAIN HILLS TIMES”. By using the services on this website (“Services”) you agree to these Terms of Use (“Terms of Use” or “Terms”) and any subsequent modifications. THE FOUNTAIN HILLS TIMES may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this website as they are binding upon you.

2. DESCRIPTION OF SERVICES

We make various services available on this site including, but not limited to, News Articles, Photo Uploads, Calendar Event Listing, Reports of Community Events, Photos of Community Events, Interactive Discussions, Video Uploads, Advertisements, Subscription Services, Classified Ads, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

THE FOUNTAIN HILLS TIMES is providing the website "AS IS" and "AS AVAILABLE," and assumes no responsibility for any aspect of the website.We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

3. USE OF THE WEBSITE

A. The website is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to Western States Publishers, Inc.that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use.

Material on this website is copyrighted by Western States Publishers, Inc. unless otherwise indicated. All rights reserved. It may be downloaded and reproduced by private individuals and political candidates according to the following restrictions:

THE FOUNTAIN HILLS TIMES is credited on any Web or printed page on which the material is reproduced.

The reproduction is done verbatim or is shortened in a manner that is not misleading or unfaithful to the entirety of the original article.

Applicable fees (if any) have been paid.

Permission to reproduce must be requested from fhtimes.com if the reuse is for commercial purposes such as reselling the material, selling advertising on a site or print publication in which the material is reproduced or using material to promote the sale of a product or service.

E-mail contact: webmaster@fhtimes.com

THE FOUNTAIN HILLS TIMES is the sole judge of appropriate reuse and reserves the right to withdraw this permission at any time with written notice.

B. THE FOUNTAIN HILLS TIMES, at its discretion, offers opportunities for its end users to contribute content to this website. End users may, for example, comment on articles, submit classified advertisements and otherwise participate on the website and submit User Submissions (“Third Party Content”). You understand and agree that Third Party Content does not necessarily represent the views of THE FOUNTAIN HILLS TIMES. Through your use of this website and the Services, you may be exposed to Content, including Third-Party Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. You assume all associated risks. All users are encouraged to contribute information and pictures to THE FOUNTAIN HILLS TIMES. All contributions will be considered for publication on the website provided they adhere to these rules:

i. You agree not knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the website.

ii. In posting comments on the contributions of others, you agree not to harass other participants.

iii. You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person.

iv. You may not post information or links that are obscene or pornographic.

v. You may not contribute information or pictures that violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

vi. Content contributions solely focused on the promotion of commercial events or businesses are not permitted.

vii. You assert that the information and pictures you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant THE FOUNTAIN HILLS TIMES an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form.

C. THE FOUNTAIN HILLS TIMES may offer readers the ability to comment on stories. THE FOUNTAIN HILLS TIMES does not endorse and is not responsible for any statement, opinion, advice given or made in discussion forums. Your use of THE FOUNTAIN HILLS TIMES discussion forums is at your own risk.

In no event will THE FOUNTAIN HILLS TIMES be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of THE FOUNTAIN HILLS TIMES discussion forums, or any information or services provided on THE FOUNTAIN HILLS TIMES , even if THE FOUNTAIN HILLS TIMES has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on THE FOUNTAIN HILLS TIMES.

THE FOUNTAIN HILLS TIMES is not responsible for censoring or monitoring postings but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove notes at its sole discretion and without explanation.

D.THE FOUNTAIN HILLS TIMES reserves the right to remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that a User Submission is inappropriate or fails to comply with these Terms. THE FOUNTAIN HILLS TIMES has no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the website or the Services.

E. Any comments, materials, or letters sent by you to THE FOUNTAIN HILLS TIMES regarding the website, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. The website shall have no obligation of any kind with respect to such Received Materials and the website will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, the website is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

F. At this time, there is no cost for using the basic services of this Site. There may be premium content available via subscription or surcharge, and those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers who help make this service possible.

G. Access to some of the content, services and features on this Site requires users to register using the form provided. Registration may require you to provide certain personally identifiable information, such as your name, e-mail address, street address, gender, and date of birth. If you are under the age of 13, do not register unless your parents have given you permission to do so. Our use of personally identifiable information is governed by the terms of our Privacy Policy. You represent that the information you have provided on the form is true, accurate, current and complete and that you will maintain and promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all or a portion of this site to any person who violates the Terms of Use.

H. You are responsible for maintaining the confidentiality of any usernames or passwords issued to you for your use of or access to this Site and you agree not to allow any other person or entity to use any usernames or passwords that are issued to you. You will be responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username or any other breach of security and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason.

4. TERMINATION

You may terminate your account at any time by sending e-mail to: webmaster@fhtimes.com.  We may terminate your account at any time for any reason with or without notice to you.

5. SURVIVAL

The provisions entitled "Use of the Website," "Disclaimers", “Limitation of Liability"and  "Indemnification" will survive termination of this agreement.

6. DISCLAIMERS

THE FOUNTAIN HILLS TIMES MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE, ACCESS TO OR OTHER INFORMATION CONTAINED OR REFERENCED ON THE FOUNTAIN HILLS TIMES WEBSITES. USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FOUNTAIN HILLS TIMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FOUNTAIN HILLS TIMES DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN.

Except as specifically stated otherwise, THE FOUNTAIN HILLS TIMES does not endorse, operate, control, guarantee or assume responsibility for any product, brand, method, treatment, information, resource, hyperlink, services on or access to fhtimes.com, in any way.

In consideration for your use as a visitor to or advertiser on the website, you agree that in no event will THE FOUNTAIN HILLS TIMES or any other party involved in creating, producing or delivering this website or any site linked to this website, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon or access to the information, advertising, e-commerce or other services provided through the website, even if you advise THE FOUNTAIN HILLS TIMES of errors or the possibility of any claims or damages.

In regards to health care, real estate, investment, automotive and any other area, THE FOUNTAIN HILLS TIMES information, resources and links found on this site and the material and content contained therein is for general information only and is not intended to be a substitute for professional advice, service, diagnosis, interaction or treatment. Users of these areas should not rely exclusively on information provided in these areas for their own health care, real estate, investment, automotive and other needs. All specific questions should be presented to your own professional health care, real estate, investment, automotive and other professional.

You acknowledge that, in connection with the website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of THE FOUNTAIN HILLS TIMES. Accordingly, THE FOUNTAIN HILLS TIMES assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the website.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE FOUNTAIN HILLS TIMES OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE FOUNTAIN HILLS TIMES WEBSITE OR THE CONTENT OF THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOUNTAIN HILLS TIMES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOUNTAIN HILLS TIMES SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

8. INDEMNIFICATION

You agree to defend, indemnify and hold THE FOUNTAIN HILLS TIMES, its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of THE FOUNTAIN HILLS TIMES website in a manner that violates or is alleged to violate these Terms of Use. THE FOUNTAIN HILLS TIMES shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

9. SPONSORS, THIRD PARTIES AND ADVERTISERS

THE FOUNTAIN HILLS TIMES website may link to other sites operated by third parties, advertisers or sponsors. The inclusion of any link to such sites does not imply endorsement by THE FOUNTAIN HILLS TIMES of the sites, but is for your reference and convenience only. THE FOUNTAIN HILLS TIMES has not reviewed all of the sites linked to the website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to THE FOUNTAIN HILLS TIMES. Nor does THE FOUNTAIN HILLS TIMES recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the website. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.

THE FOUNTAIN HILLS TIMES website may contain advertisements by third parties. Unless otherwise specifically stated on the website, THE FOUNTAIN HILLS TIMES does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the website.

Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to the content on THE FOUNTAIN HILLS TIMESwebsite, provided that the hyperlink accurately describes the content as it appears on the website. THE FOUNTAIN HILLS TIMES reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of THE FOUNTAIN HILLS TIMES website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within THE FOUNTAIN HILLS TIMES must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within THE FOUNTAIN HILLS TIMES.

Your correspondence and business dealings with, and participation in promotions of, sponsors, third parties or advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that THE FOUNTAIN HILLS TIMES shall not be responsible or liable for any loss or damage of any nature suffered or incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the website.

10. RIGHT OF THE FOUNTAIN HILLS TIMES TO MONITOR WEBSITE

THE FOUNTAIN HILLS TIMES has no obligation to monitor the website, but may do so and disclose information regarding use of the website for any reason. You agree that THE FOUNTAIN HILLS TIMES may monitor all activities on the website as it, in its sole discretion, may deem appropriate. If THE FOUNTAIN HILLS TIMES believes that it is reasonable to do so, THE FOUNTAIN HILLS TIMES may disclose information obtained by monitoring the website to satisfy legal obligations, respond to governmental or judicial requests, operate the website properly, insure that users fully comply with this Agreement, or protect itself, its employees, users of the website or others. See THE FOUNTAIN HILLS TIMES’ Privacy Policy. Such monitoring is for the benefit of website users and is intended, among other things, to prevent interference by others with your enjoyment of the website. THE FOUNTAIN HILLS TIMES reserves the right in its sole discretion and without prior notice, to review, edit, move, block access to or delete any information and/or material provided for display or placed on the website or its bulletin boards, including information and/or material THE FOUNTAIN HILLS TIMES determines, in its sole discretion, infringes another's property rights or violates this Agreement, THE FOUNTAIN HILLS TIMES’ policies, or laws. Although THE FOUNTAIN HILLS TIMES has the right to monitor the website, THE FOUNTAIN HILLS TIMES has no duty to do so and does not warrant that (a) the website will be monitored for accuracy or unacceptable use or (b) apparent statements of fact are authentic, or will be authenticated.

11. NON-WAIVER

The failure of THE FOUNTAIN HILLS TIMES to exercise or enforce any Term or Condition set forth in this Agreement does not constitute a waiver of the Term or Condition, and THE FOUNTAIN HILLS TIMES may enforce it at any subsequent time. If any Term or Condition of this Agreement is found invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the Term or Condition, and that the other Terms and Conditions of the Agreement remain in full force and effect.

12. VIOLATIONS

Please report any violations of the terms of this Agreement to "webmaster@fhtimes.com." See, Section 17 below with regard to copyright infringement.

13. ENTIRE AGREEMENT

This Agreement and any other terms and conditions of service constitute the entire agreement between you and THE FOUNTAIN HILLS TIMES and the website and govern your use of the website. This Agreement represents the entire agreement and understanding regarding your use of the website and supersedes all other representations, whether electronic, written, or verbal, regarding the subject matter of this Agreement. In the event that any Term or Condition in this Agreement is inconsistent with any document incorporated herein by reference or with any other agreement between you and THE FOUNTAIN HILLS TIMES, these Terms and Conditions control unless THE FOUNTAIN HILLS TIMES has expressly stated or agreed otherwise. In the event that a court of competent jurisdiction determines, in a final non-appealable judgment, that any Term or Condition of this Agreement is invalid, illegal, or otherwise unenforceable, such Term or Condition will be deleted and the remainder of this Agreement will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties.

14. USE OF MATERIAL SUPPLIED BY YOU AND PRIVACY POLICY

For information regarding use of information about you that you may supply or communicate to the website, please see our Privacy Policy. You can read the Privacy Policy of the website here. Except as provided otherwise in the Privacy Policy or in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the website, you grant THE FOUNTAIN HILLS TIMES a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the website will be available to all users of the website, so you should be mindful of personal information and other content you may wish to post.

15. INTERNATIONAL USE

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Prohibited Uses

This Site is not intended for use by persons located within the European Economic Area (EEA). We do not request or accept personal information concerning or supplied by persons who are located within the EEA at the time they access this Site. If you have accessed this Site from within the EEA, you should immediately discontinue your use. If you have supplied personal information to us in violation of this provision, whether through the registration of new user accounts or otherwise, please contact us at webmaster@fhtimes.com.

16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

We respect the intellectual property rights of others, and require that the people who use the website, or the services or features made available thereon, do the same. If you believe in good faith that a copyrighted work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below. To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users that we have received a notice of infringement by means of a general notice on the website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which the Newspaper's offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Copyright Agent:
Duke Kirkendoll
P.O. Box 17869
Fountain Hills, AZ 85269
480-837-1925
duke@fhtimes.com

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