Thank you for visiting our Web Site. The terms and conditions that apply to your access to and use of this Web Site (and the information, products and services available through this Web Site) are set forth below. By using this Web Site, you accept and agree to comply with all of the terms and conditions hereof, which form a legally binding agreement between you and Lakecumberlandliving.com (the “Terms of Use” or “Usage Agreement”). If you are advertising with us, you also accept and agree to comply with all of the terms and conditions of our Advertising Agreement.
1. ACCEPTANCE OF TERMS
Lakecumberlandliving.com provides a collection of online resources, including notice boards, classified ads, directories, articles, various feeds and other services as will be announced and made available from time to time, (referred to hereafter as "the Service", “the Site” and “Lakecumberlandliving.com”) subject to the following Terms of Service ("TOS").
By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using Lakecumberlandliving.com services, you agree to abide by any applicable posted guidelines for all Lakecumberlandliving.com services, which may change from time to time.
Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse and sole and exclusive remedy is to immediately discontinue use of Lakecumberlandliving.com. Lakecumberlandliving.com has the right (but not the obligation) to strictly enforce the TOS through self-help, community moderation, administrator actions, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS by selecting the Terms of Service link on any page on the Site.
3. MEMBERSHIP & REGISTRATION
Membership to the Service is free and is open to anyone. The Service is intended for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Service by anyone under 13 years old is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are 13 years of age or older and that you agree to and will abide by all of the terms and conditions of this Agreement.
During any registration process, you agree to provide us with current, complete and accurate information as prompted by any registration form. You are entirely responsible for any and all activities that occur under your account. You agree to notify Lakecumberlandliving.com immediately of any unauthorized use of your account or any other breach of security.
Membership is granted to individuals only and not to companies, organizations or activities. Companies, organizations and activities wishing to use the Service must have an individual member who is responsible for representing the group or activity on the Service. This individual member is the one person who handles, manages or otherwise uses the membership account. Account "sharing" is a violation of this point of the Terms of Service.
Membership entitles the member to manage his or her own membership account including posting, adding, editing and removing the member’s own directory listings, event calendar listings, classified ads, display ads, articles, and any other Content supplied by the member. There is no value, implied or otherwise, to membership other than as stated above. Lakecumberlandliving.com shall have the right (but not the obligation) in its sole discretion to refuse, suspend, delete or remove any Member for violating the letter or spirit of the TOS or for any other reason.
Parental Responsibility. If you, as a parent or guardian, choose to involve any child under the age of 18 on this website, please be aware that you are responsible for the safety and security of your child, as well as remaining vigilant to what he/she may read on the site. While we monitor posts as closely as possible, we cannot guarantee that we have caught 100% of any offensive content.
Guard Your Personal Information. This site is a Public Network. Non-members may have access to reading posts and profiles on our site. Any person aged 13 and over is eligible to join this network. We highly discourage members from posting personal information such as telephone number, home address, or other specific information which may make your location easily discovered by others. If you’d like to share such information with other members, we advise you to do so with great forethought and caution. Be aware that LakeCumberlandLiving.com cannot be held liable or responsible for any damages incurred as a result of sharing said information. LakeCumberlandLiving.com is a public website and the listings and directories are available for viewing to any who visit the site. Please do not list or post any personal information on this site that you expect to keep private.
This is NOT a Dating Site If you're looking to find a date, or a mate, or anything of that sort, this is not the place to do it. No erotic, suggestive, or pornographic content will be permitted. It is inappropriate to use this site as a way to make romantic connections. There are sites designed for that, please use them, and do not behave as if this is one of those sites. If you do, we will remove you from our membership.
Rated PG. Please be sure that all posts made on your page or any other page, as well as any and all comments and discussion threads you post remain at a PG level. This includes text, video, images and any other content you may add or upload. There are children as young as 13 registered with LakeCumberlandLiving.com. All content on the site must be family friendly. Ask yourself if what you’re posting is something you’d want your own child to read. If you are unsure about whether or not it is appropriate, it probably isn't.
No Inappropriate Content. Content that is NOT APPROPRIATE on this site includes, but is not limited to, advertising, material copyrighted by someone who isn't you, any content that is vulgar or obscene or contains adult themes or images, including sexual commentary or imagery. Abusive language, name-calling, insults, harassment, spamming, flaming, baiting and/or personal attacks will not be tolerated. Further, members are prohibited from making posts or comments that encourage this type of behavior. This site reserves the right to take appropriate measures, including deleting content, blocking any member from posting to our site and/or revoking the membership for any behavior we determine to be damaging to our community.
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.
Cancellation Policy: Members may cancel their listings, ads, etc at any time, however; All fees paid are access fees and are non-refundable in the event that members remove their content or content is removed from the Service for violating the TOS. In order to cancel a recurring billing item you must contact customer support and request to cancel your recurring billing item.
You are responsible for the full subscription fee for the time period you agreed to. You can reach Customer Support thru the "Contact Us" page.
Secure Check-out Policy: Lakecumberlandliving.com employs the use of a secure check out. In the check out process we employ functionality that protects customer data.
Lakecumberlandliving.com does not store credit card information. Credit card transactions are transmitted to a financial gateway and we endeavor to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology.
Membership to the Service entitles the member to one Free directory listing, Free classified listings (except as described below), Free event calendar listings, and various other free postings, listings and other services as will be announced from time to time. "Free" is a level of listing. A levels above Free (Basic, Premium, Showcase) are upgraded levels and have access fees for use.
Fees are charged for upgraded and multiple directory listings, upgraded classified postings, upgraded event calendar listings, banner advertising, display advertising and various other upgraded and/or expanded Services as will be announced from time to time.
The fee charged for listing and posting Content is an access fee permitting Content to be listed and/or posted in specified or designated areas and/or in an enhanced format. Each member posting Content to the Service is responsible for said Content and compliance with the TOS. All fees paid are access fees and are non-refundable in the event that Content is removed from the Service for violating the TOS.
5. CONTENT, SCREENING and MODERATION
You understand that all postings, listings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, list, email or otherwise make available via the Service.
You understand that Lakecumberlandliving.com does its best to pre-screen submitted listings and postings to ensure that they meet our guidelines and TOS. Additionally, Lakecumberlandliving.com has the right (but not the obligation) to edit any material submitted for readability including, but not limited to, grammar and spelling.
It is considered the responsibility of all members and users to safeguard the integrity of the Service and the Site and to assist in maintaining an operating atmosphere beneficial to all members and users.
Inappropriate Content includes: Miscategorized - wrong category, discusses another listing or posting, or otherwise misplaced. Prohibited - violates Lakecumberlandliving.com TOS or other posted guidelines. Spam/overpost - posted too frequently.
You agree that Lakecumberlandliving.com does not control, and is not responsible for all Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, inaccurate, misleading, or otherwise objectionable. Furthermore, the Lakecumberlandliving.com site and Content available through the Service may contain links to other websites, which are completely independent of the Service. Your linking to any other websites and use of Lakecumberlandliving.com is at your own risk.
You agree that you must evaluate and bear all risks associated with the use of any Content, and that under no circumstances will the Service be liable in any way for any Content or for any loss, harm or damage of any kind incurred as a result of the use of any Content listed, posted, emailed or otherwise made available via the Service.
M
embers are assumed to have full rights of ownership and/or use for anything they post, list or otherwise supply as Content and that member postings, listings and other Content do not violate any copyright law or infringe upon any intellectual property rights. If you feel that any Content has been copied in a way that constitutes copyright infringement or a violation of intellectual property rights, please contact Lakecumberlandliving.com on our "contact us" page.
6. CONDUCT of MEMBERS and USERS
The basic code of conduct for Lakecumberlandliving.com members and users is to play nice with all members and to endeavor to treat others as you would want them to treat you. In addition:
YOU AGREE NOT TO LIST, POST, EMAIL, OR OTHERWISE SUPPLY OR MAKE AVAILABLE ANY CONTENT:
a) that is unlawful, harmful, threatening, abusive, harassing, deceitful, distasteful, false, misleading, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
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);
d) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, nationality, age, or disability;
e) that advertises, promotes for sale or rent or otherwise sells or rents:
1. household pets or any animals of any kind including but not limited to dogs, cats, cage birds, fish, rodents and amphibians.
2. human beings, parts, etc
3. pornographic or explicit material of any kind
f) that impersonates any person or entity, including, but not limited to, Lakecumberlandliving.com employee, or Lakecumberlandliving.com member, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
g) that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement;
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.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or announcements to a Lakecumberlandliving.com member addresses or through or via Lakecumberlandliving.com website or computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in the State of Kentucky. Any unauthorized use of Lakecumberlandliving.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 and Section 17538.45 of the Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. THIRD PARTY CONTENT, SITES, AND SERVICES
The Lakecumberlandliving.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Lakecumberlandliving.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Lakecumberlandliving.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Lakecumberlandliving.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Lakecumberlandliving.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
9. PRIVACY POLICY
Lakecumberlandliving.com has established a Privacy Policy that can be viewed at:
Your use of the Lakecumberlandliving.com site or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Lakecumberlandliving.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Lakecumberlandliving.com, its members, users or the general public.
10. LIMITATIONS ON SERVICE
You acknowledge that Lakecumberlandliving.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, listings, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that the Service has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Lakecumberlandliving.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Lakecumberlandliving.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. ACCESS TO THE SERVICE
Lakecumberlandliving.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TLakecumberlandliving.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specializes in directories, classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services or business directories.
Lakecumberlandliving.com permits you to display on your website, or create a hyperlink on your website, to individual listings and/or postings on the Service so long as such is for your own use (e.g., for use in personal or company web blogs or personal or business online media to promote yourself or your business as advertised on Lakecumberlandliving.com). If the total number of such postings displayed or linked to on your website exceeds ten (10) postings or listings, your use will be presumed to be in violation of the TOS, absent express permission granted by Lakecumberlandliving.com to do so. You may also create a hyperlink to the home page of TLakecumberlandliving.com site so long as the link does not portray Lakecumberlandliving.com, its employees, members, or its users in a false, misleading, derogatory, or otherwise offensive manner.
Lakecumberlandliving.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Lakecumberlandliving.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to Lakecumberlandliving.com™' as the source, (d) your use or display does not suggest that Lakecumberlandliving.com promotes or endorses any third party causes, philosophies, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Lakecumberlandliving.com's systems. Lakecumberlandliving.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Lakecumberlandliving.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license, in writing, from Lakecumberlandliving.com.
12. TERMINATION OF SERVICE
You agree that Lakecumberlandliving.com, in its sole discretion, has the right (but not the obligation) to delete, suspend or deactivate your membership account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Lakecumberlandliving.com believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that Lakecumberlandliving.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Lakecumberlandliving.com.
You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Lakecumberlandliving.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Lakecumberlandliving.com does not claim ownership of Content that its members post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Lakecumberlandliving.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Lakecumberlandliving.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Lakecumberlandliving.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Lakecumberlandliving.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Lakecumberlandliving.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Lakecumberlandliving.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Lakecumberlandliving.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Lakecumberlandliving.com SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Lakecumberlandliving.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Lakecumberlandliving.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Lakecumberlandliving.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
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.
16. INDEMNITY
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.
19. FEEDBACK
We welcome your feedback, suggestions and comments - Email us at our contact us page please.