Acceptance Through Use
This web site (the "Site") is operated by KTLO/KCTT, Mountain Lakes Broadcasting Corporation,
("Operator"). By using the Site, you agree to be bound by all of the terms, conditions and
notices contained or referenced herein (collectively, the "Terms of Use"). You should review the
Terms of Use from time to time. Operator may change any of the Terms of Use at any time by
posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the
revised Terms of Use. If you do not agree to all of the Terms of Use, you must exit the Site
immediately.
No Use by Children.
The Site is not directed to, or intended for use by, children (defined as anyone age twelve or
younger). Children should not use the Site or submit any information to Operator.
Links to Third Party Sites.
The Site will contain links to web sites operated by third parties. Such links do not constitute
or imply an endorsement of the linked site. The linked sites may appear to be integrated into
the Site, but are not under Operator's control. Operator is not responsible for the operation or
content of any linked site or subsequent links from that site. The policies that govern the use
of a linked site will differ from these Terms of Use. You should review the policies of a linked
site before making a decision to proceed to use that site.
Intellectual Property.
You acknowledge that all content and materials available at the Site (collectively, the "Content")
are protected by national and international copyrights, trademarks, service marks, patents,
patent registration rights, trade secrets, know-how or other proprietary rights and laws and, as
between Operator and you, are owned exclusively by Operator. Except where otherwise noted,
you may download, print or view individual pages at the Site for private, noncommercial use,
provided you do not delete, change or otherwise modify any of the Content, including, but not
limited to, any copyright or trademark notices. You may only use the Site and the Content as
expressly permitted herein and for no other purpose. Except as authorized by Operator in
writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative
works from any of the Content. The systematic retrieval of any of the Content to create or
compile, directly or indirectly, a collection, compilation, database or directory without the written
permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package
designs and marks on the Site are trademarks or service marks and may not be used without
permission. Operator's policy is to terminate the online privileges of individuals who repeatedly
violate the copyrights of others.
User's Grant of Limited License.
By posting or submitting any content or other materials to the Site (collectively, the "User
Content"), you grant Operator and its designees the right to sell, license, rent, modify, distribute
, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from the User Content in any form, anywhere and for any purpose. In addition,
you represent and warrant that you own or otherwise control all of the rights to the User
Content and that the use of the User Content by Operator and/or its designees as set forth in
the preceding sentence will not infringe or violate the rights of any third party. Operator may
monitor, edit or delete the User Content as it appears on the Site at any time and for any or no
reason without your permission.
Privacy
You should review the Privacy Statement posted elsewhere at the Site.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE
(COLLECTIVELY, THE "SITE MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE
MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND
NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY
WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR
CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE
MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS,
DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL OPERATOR, OR ITS PARENT, SUBSIDIARIES,
AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR
AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE FOR ANY DAMAGES
OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED
AT THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND
EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OPERATOR'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification.
You agree to defend, indemnify, reimburse and hold harmless the Released Parties from all
liabilities, claims and expenses, including, but not limited to, costs and attorneys' fees, that
arise in any way from your use of the Site or the Site Materials. Operator reserves the right,
at its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with Operator in asserting
any available defenses.
International Use.
If you choose to access the Site from any location other than the United States, you accept
full responsibility for compliance with the laws of the jurisdiction where the access occurs.
Operator makes no representation that the Site Materials are appropriate or available for use
in locations outside the United States. Accessing the Site and/or using any of the Site
Materials from any jurisdiction where such access and/or use is illegal is prohibited.
Choice of Law.
This Agreement shall, for all domestic and international purposes, be governed, interpreted,
construed and enforced solely and exclusively in accordance with the laws of the State of
Arkansas, without regard to its conflicts of law provisions. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use
of the Site shall be filed only in the state or federal courts located in Baxter County, State
of Arkansas, and you further agree and submit to the exercise of personal jurisdiction
of such courts
for the purpose of litigating any such claim or action.
Integration and Severability.
This Terms of Use constitutes the entire agreement between Operator and you with respect to
the Site and supersedes all prior or contemporaneous communications and proposals with
respect to the Site. If any provision hereof is determined to be invalid or unenforceable, all other
provisions shall remain in full force and effect.
Unauthorized Use and Termination.
You agree to use the Site only for authorized and legal activities. Operator reserves the right,
in its sole discretion, to terminate your access to all or part of the Site at any time and for any
or no reason.