Merrill Media Group LLC (Inside Fort Smith and InsideFortSmith.Com) operates this Site to provide online access to information primarily about, but not limited to, Western Arkansas and Eastern Oklahoma. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”).
Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. Make a copyright infringement claim here.
Merrill Media Group LLC/InsideFortSmith.Com reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
- Use of Site: You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Merrill Media Group LLC/InsideFortSmith.Com products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Merrill Media Group LLC/InsideFortSmith.Com reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
- Copyright: The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Merrill Media Group LLC/InsideFortSmith.Com or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Merrill Media Group LLC/InsideFortSmith.Com or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Merrill Media Group LLC/InsideFortSmith.Com,
- Trademarks: You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
- Links to Third-Party Web Sites: Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Merrill Media Group LLC/InsideFortSmith.Com of the third party, the third-party web site, or the information contained therein. Merrill Media Group LLC/InsideFortSmith.Com is not responsible for the availability of any such web sites. Merrill Media Group LLC/InsideFortSmith.Com is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Merrill Media Group LLC/InsideFortSmith.Com affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
- Downloading Files: Merrill Media Group LLC/InsideFortSmith.Com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
- Disclaimer of Warranties: Merrill Media Group LLC/InsideFortSmith.Com MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. Merrill Media Group LLC/InsideFortSmith.Com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. Merrill Media Group LLC/InsideFortSmith.Com DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. Merrill Media Group LLC/InsideFortSmith.Com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- Limitation of Liability: IN NO EVENT WILL Merrill Media Group LLC/InsideFortSmith.Com BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF Merrill Media Group LLC/InsideFortSmith.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Merrill Media Group LLC/InsideFortSmith.Com LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
- Indemnification: You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Merrill Media Group LLC/InsideFortSmith.Com, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
- User Conduct: You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
- User Supplied Information: Merrill Media Group LLC/InsideFortSmith.Com does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Merrill Media Group LLC/InsideFortSmith.Com the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
- b. User-contributed content, such as comments, photos, videos, links to same, and etc. that are inflamatory, libelous, or could be construed as such can be removed or deleted from the site at Merrill Media Group LLC/InsideFortSmith.Com discretion. At the same time, as a user of this site, you understand that Merrill Media Group LLC/InsideFortSmith.Com is an open forum and registered users do post their opinions on here without filters. Merrill Media Group LLC/InsideFortSmith.Com assumes no responsibility for criminal or civil liability of user-generated content. Without a court order from a court established in the United States, Merrill Media Group LLC/InsideFortSmith.Com does not reveal private information about user-generated content creators. And Merrill Media Group LLC/InsideFortSmith.Com reserves the right to charge a reasonable fee for retreiving court-ordered information about our users if demanded.
- General Provisions: a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Merrill Media Group LLC/InsideFortSmith.Com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Merrill Media Group LLC/InsideFortSmith.Com therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Merrill Media Group LLC/InsideFortSmith.Com does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Enforcement/ Choice of Law/ Choice of Forum: If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Merrill Media Group LLC/InsideFortSmith.Com’s Privacy Policy, your use of the Site, any other Merrill Media Group LLC/InsideFortSmith.Com web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Arkansas and Sebastian County, without regard to any conflict of laws provisions.
Privacy Policy
At Merrill Media Group LLC/InsideFortSmith.Com we appreciate your readership and value your personal privacy. We respect the personal nature of the information you provide us on our web site and acknowledge the importance of protecting this information.
Any information you disclose voluntarily on our comments pages or in any forums we may develop in the future becomes public information. We cannot control the actions of our site users and advise you to use your discretion in sharing information about yourself on the internet. All information sharing is optional and done so at your own risk. Privacy is a very personal matter and we encourage you to be careful and responsible when disclosing personal information online.
MERRILL MEDIA GROUP LLC/INSIDEFORTSMITH.COM DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. MERRILL MEDIA GROUP WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES, FOR CLAIMS OF DAMAGES MADE BY ANY PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Remarketing
InsideFortSmith.Com also uses 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system.
The third-party vendors, including Google, whose services we use – will place cookies on web browsers in order to serve ads based on past visits to our website. – Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website. This allows us to make special offers and continue to market our services to those who have shown interest in our service.