Keeping Information Current. All information and events listed on Lakecumberlandliving.com is intended for your information only. Although we make a reasonable effort to do so, Lakecumberlandliving.com is not responsible for keeping all records, events and information up to date. It is the responsibility of the member who posted the content to keep it current. Lake Cumberland Living does not guarantee accuracy of the information furnished and is not responsible for omissions or errors. Information is subject to change without notice.
4. FREE and PAID LISTINGS & POSTINGS
Refund Policy: Lakecumberlandliving.com has a no refund policy. Since our product is a service, we do not offer refunds. If you are unsatisfied with our service, you are free to cancel and/or remove your listings at any time (you must request cancellation in writing, either thru email or mail). If you are unsatisfied with our service, please notify us so we may make an attempt to resolve the issue.
Return Policy: Lakecumberlandliving.com has a no return policy. Since our product is a service, there are no returns issued.
b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of race, gender, religion, sexual orientation, ethnicity, age, or disability;
c) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race or color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
h) that constitutes or contains any form of advertising or solicitation if: posted or listed in areas of the Lakecumberlandliving.com site which are not designated for such purposes; or emailed to Lakecumberlandliving.com members or users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests (spam).
i) that is in violation of copyright law, trademark law or violates the intellectual property rights of another.
j) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
l) that employs misleading email addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of any Content submitted for posting or listing, posted or listed on or transmitted through or via the Service.
ADDITIONALLY, YOU AGREE NOT TO:
m) "stalk" or otherwise harass anyone;
n) harvest or otherwise collect personal data, including but not limited to email addresses, about members and/or users for commercial or unlawful purposes;
o) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Lakecumberlandliving.com;
p) attempt to gain unauthorized access to Lakecumberlandliving.com's website or computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Lakecumberlandliving.com website.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Lakecumberlandliving.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Lakecumberlandliving.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Lakecumberlandliving.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Lakecumberlandliving.com SITE OR THE SERVICE, FROM INABILITY TO USE THE Lakecumberlandliving.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Lakecumberlandliving.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Lakecumberlandliving.com SITE OR THE SERVICE OR ANY LINKS ON THE Lakecumberlandliving.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Lakecumberlandliving.comSITE OR THE SERVICE OR ANY LINKS ON THE Lakecumberlandliving.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Lakecumberlandliving.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, members, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Lakecumberlandliving.com and govern your use of the Service, superceding any prior agreements between you and Lakecumberlandliving.com. The TOS and the relationship between you and Lakecumberlandliving.com shall be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. You and Lakecumberlandliving.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Pulaski, State of Kentucky. The failure of Lakecumberlandliving.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within (6) months after such claim or cause of action arose or be forever barred.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS by emailing Lakecumberlandliving.com or by using the community moderation system and flagging the listing or posting you deem in violation of the TOS for the attention of the moderator. It is considered your responsibility as a member to do so.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Lakecumberlandliving.com to pursue legal action to enforce these Terms, you will be liable to pay Lakecumberlandliving.com the following amounts as liquidated damages, which you accept as reasonable estimates of Lakecumberlandliving.com's damages for the specified breaches of these Terms:
a. If you post or attempt to post Content that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Lakecumberlandliving.com one thousand dollars ($1,000) for each such posting or message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If you send unsolicited email advertisements to Lakecumberlandliving.com email addresses or through Lakecumberlandliving.com website or computer systems, or if you harvest email addresses from listings, postings or other Content, or send unsolicited email advertisements to Lakecumberlandliving.com members, you agree to pay Lakecumberlandliving.com one hundred dollars ($100) for each such email delivered.
c. If you post or submit for posting Content in violation of the TOS, other than as described above, you agree to pay Lakecumberlandliving.com one hundred dollars ($100) for each item of Content attempted or posted. At its sole discretion, Lakecumberlandliving.com may elect to issue a warning before assessing damages.
d. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Lakecumberlandliving.com's express written permission, you agree to pay Lakecumberlandliving.com one thousand dollars ($1,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Lakecumberlandliving.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Lakecumberlandliving.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
We welcome your feedback, suggestions and comments - Email us at our contact us page please.