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Terms and Conditions of Use

 

HotSpringsMetro.com ("HotSpringsMetro Site") provides the HotSpringsMetro Website including the HotSpringsMetro Home Page and other HotSpringsMetro content (collectively, the "HotSpringsMetro Site") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE HOTSPRINGSMETRO SITE. BY ACCESSING THE HOTSPRINGSMETRO SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE HOTSPRINGSMETRO SITE.

 

Your use of the HotSpringsMetro Website(s) means that you accept these terms.

 

Rules:

While visiting the HotSpringsMetro Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the HotSpringsMetro Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the HotSpringsMetro Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the HotSpringsMetro Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.

 

Monitoring:

HotSpringsMetro has no obligation to monitor the HotSpringsMetro.com Site. However, you agree that HotSpringsMetro.com has the right to monitor the HotSpringsMetro Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the HotSpringsMetro Site properly, or to protect itself or its subscribers. HotSpringsMetro.com will not intentionally monitor or disclose any private electronic-mail message unless required by law. HotSpringsMetro.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

 

Privacy:

HotSpringsMetro.com cannot ensure or guarantee privacy for HotSpringsMetro.com users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and HotSpringsMetro.com and its affiliate and related companies shall be relieved of all liability in connection therewith.

 

Buying over the Internet:

When making purchases or other transactions through the HotSpringsMetro Site or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the HotSpringsMetro Site will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the HotSpringsMetro Site. HotSpringsMetro.com is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

 

Restrictions on Use of Our Online Materials:

All Online Materials on the HotSpringsMetro Site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by HotSpringsMetro. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the HotSpringsMetro Site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by HotSpringsMetro or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

 

Submitting Your Online Material to Us:

All remarks, suggestions, ideas, graphics, comments, or other information that you send to HotSpringsMetro through our site (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our HotSpringsMetro mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

Classified Ads, Articles, and Events:

Classified advertising through HotSpringsMetro is available only to individuals who can form legally binding contracts under applicable Arkansas and United States law. This excludes in all cases minors (persons who have not reached their eighteenth birthday). HotSpringsMetro reserves the right to modify the Terms of Use at any time and without prior notice to its users.

All ads, articles, events or messages in any of HotSpringsMetro's regular pages or classified ad pages are published in good faith without verification. HotSpringsMetro reserves the right to refuse, classify, reclassify, revise, censor, alter, or delete any ads for any reason in its sole discretion. HotSpringsMetro does not guarantee to post all submitted or requested ads.

We are not responsible for errors made by the customer in submitting articles, events or advertising. If there is an error in any article, event or advertisement, it is the responsibility of the customer to contact us in a timely manner. For material errors caused by us in advertisements, users will receive a credit toward the purchase of future advertising equal to the value of the advertisement for the time during which the material error existed (maximum one week). All such credit is applied to future advertising only – no refunds.

HotSpringsMetro may include inaccuracies or errors. HotSpringsMetro does not, under any circumstances, accept responsibility for the accuracy or otherwise of any ads, articles, events or messages in any of HotSpringsMetro's regular pages or classified ads, nor is any kind of warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any third party's rights of any kind.

HotSpringsMetro is not involved in any transaction between any party who uses our site. There are risks which you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. We cannot control whether or not users of HotSpringsMetro will complete the transactions they describe on our site. All users are advised to check ad and article details carefully before entering into any agreement of any kind and before disclosing personal information. If in doubt, please seek legal advice.

All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under 18. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call HUD toll-free 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.

Ads will not be published until payment is received.

 

Limitation of Liability:

HotSpringsMetro.com takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the HotSpringsMetro Site. Further, HotSpringsMetro.com makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the HotSpringsMetro Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall HotSpringsMetro.com be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

HotSpringsMetro will not be liable for any damages or injury that accompany or result from your use of any of it's sites.

These include (but are not limited to) damages or injury caused by any:

• Use of (or inability to use) the site
• Use of (or inability to use) any site to which you hyperlink from our site
• Failure of our site to perform in the manner you expected or desired
• Error on our site
• Omission on our site
• Interruption of availability of our site
• Defect on our site
• Delay in operation or transmission of our site
• Computer virus or line failure
• Please note that we are not liable for any damages, including:
• Damages that intent to compensate someone directly for a loss or injury
• Damages reasonably expected expected to result from a loss or injury (known in legal terms as "consequential damages.")
• Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidental damages.")

We are not liable even if we've been negligent or if our authorized representative has been advised of the possibility of such damages or both.

EXCEPTION: Certain state laws may not allow us to limit or exclude liability for these "incidental or consequential" damages. If you live in one of these states, the above limitation obviously would not apply, which would mean that you might have the right to recover these types of damages.

However, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they're claimed under any other legal theory) will not be greater than the amount you paid, if anything, to access our site.

 

Confidential Information:

You authorize HotSpringsMetro.com to collect from any party and to retain all relevant information relating to your use of the HotSpringsMetro Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify HotSpringsMetro.com to the contrary by e-mailing us, you further authorize HotSpringsMetro.com to disclose, on a confidential basis, to any party with whom HotSpringsMetro.com has business relations all relevant information relating to your dealings with us and the HotSpringsMetro Site.

 

Information in General:

Information on this website is provided on the basis that all persons accessing and using this website undertake responsibility for assessing the relevance and accuracy of its content. Neither HotSpringsMetro nor any of its employees or affiliates shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall HotSpringsMetro or its employees or affiliates be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this website, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

 

Links to Other Sites:

We sometimes provide referrals to and links to other World Wide Web sites from our site. Those web sites are not controlled, maintained or regulated by HotSpringsMetro. These include links to web sites operated by other government agencies, nonprofit organizations, and private businesses. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through the HotSpringsMetro Site.

HotSpringsMetro is a distributor of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of HotSpringsMetro and as a result shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by HotSpringsMetro.

On some occasions when you click on a link to another website, you will access that new site through a frames page of the HotSpringsMetro Site. In these instances you are no longer subject to the privacy policy of theHotSpringsMetro Site but instead you are subject to the privacy policy of the new site that then appears within the frames page of the HotSpringsMetro Site. Web sites viewed in our frames pages are displayed only as a public service to our community viewers. THOSE WEB SITES DO NOT SPONSOR, ENDORSE OR RECOMMEND ANY INFORMATION, PRODUCTS, SERVICES OR RESOURCES OFFERED BY HOTSPRINGSMETRO.

On some occasions when you click on a link to another site, you will be taken completely away from the HotSpringsMetro Site and accessing the new site. Also, in these instances you are subject to the privacy policy of that new site. In this instance if in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a HotSpringsMetro Site or have moved to another site. HotSpringsMetro is not responsible for the content or practices of third party sites that may be linked to our site or showing up in a frames page of the HotSpringsMetro Site. When HotSpringsMetro provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that HotSpringsMetro is connected with, operates or controls these websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any HotSpringsMetro Site or endorsement, sponsorship or support of HotSpringsMetro, including its respective employees, agents or directors.

 

Warranties & Accuracy of Data

Although the data found on the HotSpringsMetro Site is produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. HotSpringsMetro provides this information on an "as is" basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed. Changes may be periodically made to the information herein; these changes may or may not be incorporated in any new version of the website. If you have obtained information from HotSpringsMetro from other than the HotSpringsMetro Site, please be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to the staff of HotSpringsMetro immediately by Contacting Us.

 

Provision of Outside Data:

Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, homepages, and files are reorganized. The user expressly agrees that use of the HotSpringsMetro Site is at the user's sole risk. HotSpringsMetro does not warrant that the service will be uninterrupted or error free. The documents and related graphics published on this server could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. HotSpringsMetro may make improvements and/or changes in the information and/or programs described herein at any time.

 

Termination of This Agreement:

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all HotSpringsMetro Sites, along with all related documentation and all copies and installations. HotSpringsMetro may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And HotSpringsMetro is entitled to terminate all or any part of any of its Web site without notice to you.

 

Jurisdiction and Other Points to Consider:

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Arkansas, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate HotSpringsMetro and/or its affiliates' intellectual property rights, HotSpringsMetro and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arkansas, and you consent to exclusive jurisdiction and venue in such courts.

 

Recourse:

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

 

Indemnity:

You agree to defend, indemnify and hold HotSpringsMetro.com and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the HotSpringsMetro Site or the Internet or the placement or transmission of any message, information, software or other materials on the HotSpringsMetro Site or on the Internet by you or users of your account. If you are dissatisfied with the HotSpringsMetro Site or with any terms, conditions, rules, policies, guidelines, or practices of HotSpringsMetro.com in operating the HotSpringsMetro Site, your sole and exclusive remedy is to discontinue using the HotSpringsMetro Site.

 

Trademarks:

HotSpringsMetro™ and other names, logos and icons identifying HotSpringsMetro and HotSpringsMetro.com products and services referenced herein are trademarks or registered trademarks of HotSpringsMetro.com. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

 

DISCLAIMER:

THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL HOTSPRINGSMETRO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.

 

DISCLAIMER ADDITIONS - Links to other sites

We sometimes provide referrals to and links to other World Wide Web sites from our site. Those web sites are not controlled, maintained or regulated by HotSpringsMetro. These include links to web sites operated by other government agencies, nonprofit organizations, and private businesses. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through the HotSpringsMetro Site. Web sites viewed in our frames pages are displayed only as a public service to our community viewers. THOSE WEB SITES DO NOT SPONSOR, ENDORSE OR RECOMMEND ANY INFORMATION, PRODUCTS, SERVICES OR RESOURCES OFFERED BY HOTSPRINGSMETRO.

HotSpringsMetro is a distributor of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of HotSpringsMetro and as a result shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by HotSpringsMetro.

On some occasions when you click on a link to another website, you will access that new site through a new browser window from HotSpringsMetro Site. In these instances you are no longer subject to the privacy policy of theHotSpringsMetro Site but instead you are subject to the privacy policy of the new site that the link directs you to. Links to external web sites on HotSpringsMetro's pages are provided only as a public service to our community viewers. THOSE WEB SITES DO NOT SPONSOR, ENDORSE OR RECOMMEND ANY INFORMATION, PRODUCTS, SERVICES OR RESOURCES OFFERED BY HOTSPRINGSMETRO.

On some occasions when you click on a link to another site, you will be taken completely away from the HotSpringsMetro Site and accessing the new site. Also, in these instances you are subject to the privacy policy of that new site. In this instance if in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a HotSpringsMetro Site or have moved to another site. HotSpringsMetro is not responsible for the content or practices of third party sites that may be linked to our site or showing up in a frames page of the HotSpringsMetro Site. When HotSpringsMetro provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that HotSpringsMetro is connected with, operates or controls these websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any HotSpringsMetro Site or endorsement, sponsorship or support of HotSpringsMetro, including its respective employees, agents or directors.

Information on this website is provided on the basis that all persons accessing and using this website undertake responsibility for assessing the relevance and accuracy of its content. Neither HotSpringsMetro nor any of its employees or affiliates shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall HotSpringsMetro or its employees or affiliates be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this website, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

Although the data found on the HotSpringsMetro Site is produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. HotSpringsMetro provides this information on an "as is" basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed. Changes may be periodically made to the information herein; these changes may or may not be incorporated in any new version of the website. If you have obtained information from HotSpringsMetro from other than the HotSpringsMetro Site, please be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to the staff of HotSpringsMetro immediately by Contacting Us.

 

Some Content used on HotSpringsMetro.com may be public domain or used by permission.

 

HotSpringsMetro.com Content Information:

The content of HotSpringsMetro.com is provided either with permission from the owner, or considered in the public domain.

Some of the images/programs/text on this site have been provided by other sites. We provide this content "as is" with no warranty and do not claim copyright to it. If you are the valid owner of any of these images and feel we are violating copyright laws, please provide us the copyright information on the content and we will be happy to remove it without delay.

All other content contained on this site remains the sole copyright of it's respective owner(s). If you have any questions, please contact us at any time.

 

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Garland County. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Garland County, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

This Agreement, including any and all documents referenced herein, constitute the entire agreement between HotSpringsMetro and you pertaining to the subject matter hereof. HotSpringsMetro's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the state of Arkansas and the federal laws of the United States of America applicable therein.

HotSpringsMetro may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

 

Your use of the HotSpringsMetro Website(s) means that you accept these terms. If you do not accept these terms then please leave this site immediately.

 

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