You are responsible for maintaining the confidentiality of any usernames or passwords for your access to this Site and you agree not to allow any other person or entity to use your usernames or passwords. 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.
USE OF THIS SITE
Our Intellectual Property
This Site and the content on the Site is owned by us and third party providers and is protected by U.S. and international copyright, trademark and other intellectual property laws. This Site and the content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of the content of the Site or incorporate into another website or other service any of our intellectual property.
Content Submitted by You ("Submissions")
"Submissions" means all comments, feedback, suggestions, e-mail and similar information or materials you submit to us including comments to blogs, stories, and community forums, letters to the editor, manuscripts, articles, photographs, videos, artwork or any other material. In submitting the material, you represent and agree that:
- You are the author of the Submission or that you are making the Submission with the express permission of the author/owner;
- The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other property right that exists in favor of any other person or entity;
- You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed;
- You automatically waive any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way we use such content;
- You are responsible for the content of all Submissions and acknowledge that third parties may hold you responsible for content related claims including but not limited to libel, invasion of privacy, misappropriation, and/or disclosure of confidential information;
- You shall indemnify, defend and hold us, our parent company and our affiliated entities (including our officers, directors, owners, agents and employees) harmless from all liability and costs incurred in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to your Submissions; and
- We have the right to disclose any information that we believe necessary to comply with any law, regulation, or governmental request and provide information that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.
- Use the Site for any unlawful purpose or to transmit any material that contains a virus, worm, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications;
- Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property;
- Use the Site to upload, post, e-mail, transmit or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party;
- Use the Site to upload, post, email, transmit or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;
- Post any information that is false, misleading or inaccurate or attempt to interfere with any other person's use of the Site;
- Solicit funds, advertisers, or sponsors, or advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting "pyramid" schemes, raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site;
- Hold yourself out as sponsored by, endorsed by, or affiliated with us;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site; or,
To report a complaint, please use the Report Abuse button next to the content you wish to report.
Some areas of our Site may allow you to purchase items or services from us or from third parties. We are not responsible for any interactions between you and third parties or for the timeliness, accuracy, or quality of items purchased from them. You should review the practices and policies prior to purchasing items from third parties as their practices and policies may differ from ours. When you purchase items or services from our Site, you may be subject to additional terms and conditions that specifically apply to the items you are purchasing. You are financially responsible for all purchases made by you or someone using your account.
Fair Housing Act
In accordance with the federal Fair Housing Act, we do not accept for publication any real estate listing that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, family status, or national origin. The federal Fair Housing Act prohibits real estate advertisements that indicate any preference, limitation or discrimination because of race, color, religion, sex, disability, familial status, or national origin.
If you believe a real estate advertisement on this website states such a preference, limitation, or discrimination, please contact us. For further information on the Fair Housing Act, see https://portal.hud.gov/.
Links to Other Sites
Any links from this Site to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site). We do not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly.
All subscription offers available at mcdowellnews.com, including those advertised through our email promotions, on-site messaging, social media and any external means of promotion, are valid for new subscribers only. You must not have been a subscriber in the past thirty (30) days to register for a new subscription offer. I understand that delivery and billing will continue beyond the initial order period unless I contact the newspaper at the number listed below. Rates may change after introductory offer period.
Auto-Renewal, Cancellation, and Refund Policy
EZ Pay is a convenient electronic payment method that automatically renews your Digital Only or news subscription service (your “subscription”). If you register for EZ Pay or debit banking (ACH) payments, your subscription will continue unless you contact our customer care center to cancel your subscription. On the last day of your current term (your “Renewal Date”), your plan will automatically renew for the same term unless you choose to cancel more than twenty-one (21) days before your Renewal Date (your “Cancellation Date”).
IF YOU DO NOT AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION BEFORE YOUR CANCELLATION DATE, YOU WILL BE CHARGED FOR AN ADDITIONAL TERM FOR THE PLAN YOU INITIALLY SELECTED AT THE RATES IN EFFECT AT THE TIME OF RENEWAL. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CALLING 828-652-3313.
If you have provided us with a valid credit card number or an alternate payment method saved in your account and you have not cancelled by your Cancellation Date, your subscription will be automatically processed up to fourteen (14) days in advance of your Renewal Date and the payment method you provided to us at or after the time of your initial subscription purchase will be charged.
We reserve the right to change your subscription rate at the next renewal period. If you are not satisfied with your subscription rate or service, you may cancel your subscription at any time. The full amount of any balance over $5.00 will be returned. We do not provide refunds prorated for the remainder of the payment period for Digital Only subscriptions
There is a one-time account set up fee of $6.99 for all new subscribers. Subscribers who prefer to receive paper renewal notices in the mail will be charged $4.99 each renewal notice – this fee is waived for subscribers who sign up to receive their renewal notices via email. If you wish to receive renewal notices via email, please contact us using the contact information found at mcdowellnews.com/contact.
Print subscribers get the benefit of newspaper home delivery and digital access. Therefore, if you register for a subscription plan, you are subject to the Auto-Renewal, Cancellation, Refund and Paper Renewal Policy described above, as well as the additional terms and conditions set forth below.
All subscriptions include unlimited digital access. To access these benefits, you must first provide your email address, register with mcdowellnews.com/services, and activate your account online. To activate your digital account visit mcdowellnews.com/activate.
Vacation holds up to 30 days will continue to bill at regular rate while full digital access is maintained, and you may request a vacation pack (print copies of the newspapers held and delivered upon return) of up to 30 days. Extended vacations of 31 days or more will not incur charges and all subscription benefits will be suspended during that time.
EXCLUSION OF WARRANTY
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION OF LIABILITY
WE, AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY, INCLUDING THE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
COPYRIGHT ACT AGENT
We respect the intellectual property rights of others and we prohibit users from posting to or through the Site or services any materials, content, or data that violates another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement compliant with 17 U.S.C. § 512, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright that you own has been posted on our Site without authorization you may send a written notification to our Designated Agent at:
Lee Enterprises, Incorporated
4600 E 53rd St
Davenport, IA 52807
In accordance with the Digital Millennium Copyright Act, and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and services, or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section and subheading titles are for convenience only and have no legal or contractual effect.