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Visitor Agreement
Last Updated: December 7, 2016

Thank you for visiting this website, which is operated by an Affiliate of Cox Media Group, Inc. (“CMG”). This site is one of a network of ad-supported sites operated by Affiliates of CMG each of which also operates a local newspaper, a local television station or a local radio station (each a “CMG Affiliate Site” and, collectively, the “CMG Network of Sites”). Each CMG Affiliate Site has adopted the terms and conditions of this visitor agreement to the extent applicable. “Affiliate” means a company controlling, controlled by or under common control with another company.


This visitor agreement is a binding legal contract between you and the CMG Affiliate that operates this website (“we,” “us” or “our”) and governs your use of such website and any content made available from or through such website, including any subdomains thereof. Please read this visitor agreement carefully. By using our website, application, mobile application, and/or any services offered through our website, application, and/or mobile application (collectively, the “Service”), you accept the terms of this agreement. We may change the terms of this agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this agreement (“Agreement”) on this Service and will update the “Last Updated” date above to reflect the date the changes take effect. By continuing to use this Service after we post any such changes, you accept this agreement, as modified.


We reserve the right to deny access to this Service or any portion of this Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy this Service or who infringes the rights of others.
We invite you to send in your questions or comments about this Service, or to bring to our attention any material you believe to be inaccurate. To do so, please contact us.


REGISTRATION


To obtain access to certain services on our Service, you may be required to register with us. Children under the age of 13 may not register for the Service. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use this Service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.


If you register for our Service, you may be able to use your login credentials for this Service to access certain services on other websites within the CMG Network of Sites or on other applications or mobile applications. In addition, you may also be given an opportunity to register simultaneously with one of our partners, agents or service providers (collectively, our “Service Providers”). Our Service Providers’ websites, applications, or mobile applications may contain terms and conditions that differ from the terms and conditions of this Service.

We encourage you to review those terms and conditions before registering with any applicable website, application, or mobile application. Notwithstanding anything to the contrary in this visitor agreement, we will not be liable for the content of or any services provided by any CMG Affiliate Sites other than this Site or for the content of any site (or application or mobile application) operated by or any services provided by any Service Provider.


PRIVACY


We respect the privacy of the users of our Service. Please take a moment to review our Privacy Statement.


RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE


Our Limited License to You. The materials available through this Service are the property of us and our Affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on this Service, or distribute copies of materials found on this Service in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves from our Service and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this Service can be sent to this address.


Links. We welcome links to our Service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site, service, application, or mobile application by us.


No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this Service, or incorporate into another website, application, mobile application, or other service any of our intellectual property.


Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this Service without the prior written consent of the owner of the mark. DaytonDailyNews.com is a trademark of Cox Media Group, Inc.


Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us through our feedback procedure or by sending a notice by U.S. Mail to Legal Department, 6205 Peachtree Dunwoody Road, Atlanta, GA 30328, or by email to cmgcopyright@coxinc.com. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Service the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.


AP Materials. The materials accessible through this Service may include Associated Press text, photo, graphic, audio, and/or video material (collectively, “AP Material”). Your use of any such AP Material made available by AP is subject to AP’s license terms. The following provision applies to all visitors to this Service (including, without limitation, persons, representatives of legal entities, and digital engines of any kind, including, without limitation, ones that crawl, index, scrape, copy, store, or transmit digital content): By accessing this Service, you specifically acknowledge and agree that (i) AP Material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) no AP Material nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in the AP Material or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; and (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it.


Macrovision Materials. Macrovision Corporation ("Macrovision") holds the exclusive rights to the ALL MUSIC GUIDE and data, as well as the right to distribute certain music related images (collectively, "The Guide"). To the extent The Guide is available through this Service, your use of The Guide shall be subject to the terms of this visitor agreement and all restrictions applicable to and contained in The Guide. You may not modify, copy, scan, or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of The Guide. You agree to indemnify, defend and hold harmless Macrovision, its affiliates, and us and our Affiliates, against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (1) your unauthorized use of The Guide, (2) your violation of this provision and/or (3) any unauthorized activities by you in connection with The Guide.


USER-PROVIDED CONTENT


Your License to Us. By submitting material (including, but not limited to, any text, photos, video or other content) to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting any materials via this Service, you grant us, and anyone authorized by us, including, without limitation, our Affiliates, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Service, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.


Materials Submitted by Other Users. We cannot and do not review every posting made in any chat rooms, forums, and other areas available for public postings we may provide. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.


E-COMMERCE


We may offer certain products and/or services for purchase through this Service that are provided by us or by a third-party merchant. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services provided by a third party, and we make no warranties regarding any such products or services. If you make a purchase from a merchant on our Service, or on a third-party website, application, or mobile application that you have accessed through a link on our Service, the information that you provide that merchant on its site, application, or mobile application, or otherwise as part of the transaction, such as your name, address, email, and credit card number may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. When you purchase products or services on or through this Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. Any such terms that apply to your purchase of products or services from us will be presented to you as part of your transaction. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website, application, or mobile application and click on its information links or contact the merchant directly. You release us and our Affiliates from any damages that you incur, and agree not to assert any claims against us or any of our Affiliates, arising from your purchase or use of any products or services made available by third parties through this Service.


DISCLAIMERS


Use at Your Own Risk. We provide the material available through this Service for informational purposes only. You may only use the material and the services available through this Service for your personal and non-commercial use. We try to ensure that information we post to this Service is both timely and accurate, and that the services offered are reliable. Despite our efforts, however, content or services on this Service may, from time to time, contain errors. In addition, some reports which may appear on this Service, such as stock quotes and related financial news, may be delayed at least 20 minutes due to requirements of the stock exchanges and/or financial information services. Before you act on any information you've found on our Service, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.


No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites, applications, or mobile applications we link. A link to another website, application, or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).


No Warranties.
THIS SERVICE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SERVICE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


LIMITATIONS OF LIABILITY


UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES SERVICE PROVIDERS OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS VISITOR AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.


DISPUTE RESOLUTION

You and the cmg affiliate that operates the Service agree to arbitrate – rather than litigate in court – any and all claims or disputes between the parties (INCLUDING ANY parents, subsidiaries, AFFILIATES, officers, directors, employees, OR agents OF OURS) that arise out of or in any way relate to this SERVICE AND PRODUCTS OR services that we, OUR AFFILIATES AND/oR OUR SERVICE PROVIDER (ON OUR BEHALF) MAY provide to you in connection with YOUR USE OF THIS SERVICE; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THIS PROVISION PREVENT YOU FROM FILING OR JOINING A COMPLAINT WITH ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY THAT IS AUTHORIZED BY LAW TO SEEK RELIEF AGAINST us ON YOUR BEHALF. the arbitration between you and the cmg affiliate that operates the Service will be binding AND JUDGMENT ON THE AWARD RENDERED IN THE ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.


In arbitration, there is no judge and no jury, and review of arbitration decisions in the courts is very limited. Instead, disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and the CMG Affiliate that operates the Service agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with us. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding this arbitration agreement, you and the CMG Affiliate that operates the Service may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or any other federal, state, or local government agency authorized by law to hear your claims.


Class Action Waiver: You and the CMG Affiliate that operates the Service agree that all claims or disputes between you and the CMG Affiliate that operates the Service will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor we may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this arbitration agreement shall not prohibit you or us from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this section will not apply to any claim or dispute between you and us. This class action waiver may not be severed from our arbitration agreement.


Informal Dispute Resolution: You and the CMG Affiliate that operates the Service agree to try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify us of the dispute by sending a written description of your claim to [Contact and Address] so that we can attempt to resolve it with you. If we do not satisfactorily resolve your claim within 30 calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor we may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.


Arbitration Procedures: You and the CMG Affiliate that operates the Service agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to [Contact and Address]. You must also comply with the AAA’s rules regarding initiation of arbitration. We will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this agreement or applicable law. We will not seek to recover our fees and costs from you in the arbitration unless your claim has been determined to be frivolous. If you are successful in the arbitration, we will pay your reasonable attorney’s fees and costs. If you obtain an award from the arbitrator greater than our last written settlement offer, we will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in a mutually convenient location. If you seek less than $10,000, then you may chose to hold the arbitration in person, via phone, or to have it decided based on written submissions.


USE OF COMMUNICATIONS SERVICES


We may provide a variety of services on this Service through which you can directly interact with others, such as email services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas ("Communications Services"). For example, you may be able to upload content to participate in a contest or in news gathering on the Service, and you may be able to send a message to another user regarding content on our Service. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.


Without limiting the terms of our Privacy Statement, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us or other content or materials submitted through this Service. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Service (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this visitor agreement, or to protect the rights, property or safety of visitors to our Service, our customers, the public our employees, Service Providers and Affiliates.


We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.


Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:

  • Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
  • Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
  • Gathering for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas;
  • Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
  • Posting fraudulent classified listings;
  • Uploading or posting any off-topic or irrelevant material to any chat room or forum;
  • Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
  • Violating any applicable local, state, national or international law, including, but not limited to (1) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (2) regulations promulgated by the U.S. Securities and Exchange Commission, and (3) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • "Stalking" or otherwise harassing another;
  • Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
  • Collecting or storing personal data about other users;
  • Gaining unauthorized access to our Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means; or
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Service.


Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email in connection with any messaging service made available through the Service. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam, unsolicited bulk email or private messaging transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.


Viruses. Because of the volume of email messages sent by us, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.


CLASSIFIED ADVERTISING


Overview. We may allow you to purchase classified advertising for display on the Service. To the extent this Service includes any of the types of classified advertising described below, the terms of this Section will apply to any such classified ads. In addition, if the classified advertising service available through this Service is provided by a third-party Service Provider, your use of that service may also be subject to terms of use adopted by such Service Provider. We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. WE ACCEPT NO LIABILITY FOR ERROR OR OMISSION. YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNTS PAID FOR THE PUBLICATION OF A CLASSIFIED AD ON THIS SERVICE AFTER THE PUBLICATION DEADLINE HAS PASSED.


Personal Advertisements. We are a community, family-oriented Service. Advertisements must be appropriate for all ages. Personal advertising participants must be 18 years or older. All ads must be in good taste and must not solicit for sex or sexual activities. We reserve the right to edit or reject ads that do not meet these standards. You may not use of the personal advertising section for any illegal purpose. We are not liable for the content of the personal advertisements or the responses to such advertisements.


Employment Advertisements. We do not knowingly accept advertisements that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that an advertisement posted on this service discriminates on any illegal basis, or is otherwise illegal, please contact us at [Contact].


Our Service may include advertisements or online services relating to career counseling firms. A career counseling firm does not guarantee actual placement in a job as the result of its services. Understand any agreement that you enter into with a career counseling firm before you pay for the firm's services.


We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. Regrettably, however, false job postings may appear in listings on our Service from time to time. False job listings are typically used to illegally collect personal information from job seekers or facilitate other forms of illegal activity. Posting false job listings is a violation of this visitor agreement (See: Specific Prohibited Uses) and may be a criminal violation of Federal or state laws. It's important that you to take reasonable precautions when sharing your sensitive information with anyone over the Internet.


Equal Housing Opportunity. Any real estate advertising on this Service is subject to the Fair Housing Act, which makes it illegal to advertise "any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an 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. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-699-9777.


INDEMNIFICATION


You agree to indemnify and hold us and our Affiliates, Service Providers and our licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Service, violation of this visitor agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.


GOVERNING LAW; JURISDICTION


This visitor agreement has been made in and shall be construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws rules. By using this Service, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia, for all disputes arising out of or relating to this visitor agreement or this Service.

News

  • A Texas man was arrested for allegedly slapping a 12-year-old Deer Park boy accused of bullying his stepdaughter in an incident that was caught on surveillance tape, according to news reports. >> Read more trending news  James Olander Peace is facing a felony injury to a child charge, but his wife told KTRK-TV that the court records don’t tell the whole story.  She wanted to remain anonymous but said her daughter was being bullied by two classmates and that her husband was just sticking up for the girl.  They said “that her body was ugly, said that she was a transvestite, started throwing ice cream at her and then they picked up the rocks,' the woman said, according to KTRK. The girl called her parents for a ride, and after Peace picked her up, they saw the two boys, authorities said. 'On the drive home, they happened to see the suspect juvenile walking and that's when the stepdad decided to stop and confront the kid,' Deer Park police Lt. Chris Brown said. The confrontation was caught on a surveillance camera, and Peace was seen shouting and hitting the boy, Brown said. 'He was slapped across the face with an open hand, had red marks and swelling to his cheek and upper jaw,' Brown said. >> Trending: School bus driver on heroin revived with Narcan after crash, police say The news station also reported that court records indicate Peace told the boy not to tell police or he’d beat him up. The boy did tell a teacher about the incident the next day, and Peace was arrested. He’s free on a $15,000 bond.
  • Police continue to investigate the reported attack against “Empire” actor Jussie Smollett, who told authorities he was assaulted in the predawn hours Jan. 29 by a pair of men who yelled racial and homophobic slurs at him. >> Read more trending news Update 8:50 p.m. EST Feb. 20: Smollett’s Chicago attorneys, Todd Pugh and Victor Henderson, released a statement following the indictment: “Like any other citizen, Mr. Smollett enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked. Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense.” Update 7:44 p.m. EST Feb. 20: The Chicago Tribune is reporting that Jussie Smollett has been charged with felony disorderly conduct for allegedly filing a false report on Jan.29. The charge is a Class 4 felony that carries a possible prison sentence of 1-3 years, but he could also receive probation. The bond hearing has been set for 1:30pm Thursday according to WLS-TV. Chicago police spokesman Anthony Guglielmi tweeted that detectives will make contact with his attorneys and negotiate a surrender for his arrest. Update 5:30 p.m. EST Feb. 20:  “Empire” actor Jussie Smollett is now considered a suspect and detectives are presenting case to grand jury according to the Chief Communications Officer for Chicago Police Department. Police spokesman Anthony Guglielmi tweeted the news on Wednesday after Smollett’s attorneys met with prosecutors and detectives. Update 4:30 p.m. EST Feb. 20: A police official said lawyers for Jussie Smollett are meeting with prosecutors and police investigators about the reported attack on the “Empire” actor.  Police spokesman Anthony Guglielmi told the Associated Press the meeting was taking place Wednesday afternoon. He declined to confirm reports that subpoenas had been issued for Smollett’s phone and bank records. Update 2:20 p.m. EST Feb. 20: Officials with 20th Century Fox Television and Fox Entertainment on Wednesday denied reports Smollett was being written out of “Empire” in a statement released to WBBM-TV. “Jussie Smollett continues to be a consummate professional on set and as we have previously stated, he is not being written out of the show,” the statement said. The comment followed reports that Smollett's role on the show was being slashed amid investigations into the actor's report that he was attacked in Chicago last month. Authorities continue to investigate. Update 9:30 a.m. EST Feb. 20: Cook County State's Attorney Kim Foxx recused herself Monday from the investigation into the reported attack against Smollett, according to WMAQ-TV. In a statement emailed to the station, a spokesperson for Foxx’s office said First Assistant State’s Attorney Joseph Magats would instead serve as acting state’s attorney in the case. “Out of an abundance of caution, the decision to recuse herself was made to address potential questions of impartiality based upon familiarity with potential witnesses in the case,” the statement said, according to WMAQ-TV. No further information was provided on the reason behind for the recusal. Chicago police spokesman Anthony Guglielmi said Tuesday that authorities determined a tip they were investigating about a possible sighting of Smollett and the brothers who were previously suspected in the attack were unfounded. “It was not supported by video evidence obtained by detectives,” Guglielmi said. Original report: Authorities are investigating a tip that Smollett was seen in an elevator in his apartment building with two men who have since been arrested on suspicion of carrying out the attack in downtown Chicago, and were subsequently released without charges, police told The Associated Press. The men, who were identified by attorney Gloria Schmidt as brothers Olabinjo Osundairo and Abimbola Osundairo, were released without charges Friday after police said new evidence surfaced in the case, according to CNN and police.  >> 'I will only stand for love': 'Empire' actor Jussie Smollett performs in California after attack Police spokesman Anthony Guglielmi told The Associated Press a person who lives in the building or who was visiting someone there reported seeing the Osundairo brothers with Smollett on the night he was attacked. Guglielmi told the AP that as of Tuesday, officers had yet to confirm the account. Smollett told officers he was attacked around 2 a.m. Jan. 29, as he was walking downtown near the Chicago River. He said two men yelled that he was in “MAGA country” -- an apparent reference to President Donald Trump’s campaign slogan, “Make American Great Again” -- and that they hit him in the face, poured an “unknown substance” on him and wrapped a rope around his neck, The Associated Press reported. >> Jussie Smollett's attorneys say he will not meet with investigators, despite reports Guglielmi told the AP that Smollett still had a rope around his neck when officers first made contact with him after the alleged attack. Last week, police announced that the 'investigation had shifted' following interviews with the brothers and their release from custody without charges. Police have requested another interview with Smollett. They have declined to comment on reports that the attack was a hoax, a claim Smollett’s attorneys have denied. 'Nothing is further from the truth and anyone claiming otherwise is lying,' Smollett’s attorneys said in a statement late Saturday. Authorities continue to investigate. The Associated Press contributed to this report.
  • The Food and Drug Administration issued a warning Tuesday about new businesses offering blood transfusions from young donors. >> Read more trending news  Some companies, according to Yahoo News, “charge thousands of dollars to inject older patients with infusions of blood plasma from young donors.” In December, the Huffington Post detailed how one such company claimed these transfusions could reverse aging and provide something “pretty close” to immortality. None of those claims had any proof. “Simply put, we’re concerned that some patients are being preyed upon by unscrupulous actors touting treatments of plasma from young donors as cures and remedies,” the FDA said. “Such treatments have no proven clinical benefits for the uses for which these clinics are advertising them and are potentially harmful.”  >> Related: Nearly half of US adults have heart or blood vessel disease The FDA statement, which is credited to Commissioner Scott Gottlieb and FDA director Peter Marks, warns consumers these treatments have not been tested to show they actually help patients. In fact, the FDA says, the transfusions may hurt the recipient. “Plasma administration is not without risks,” the men wrote. “The more common risks are allergic reactions and transfusion-associated circulatory overload.” Less common risks include acute lung injury, infectious disease transmission or circulatory overload, the FDA warned. Plasma is the liquid part of blood, containing blood-clotting proteins. The FDA said there are a few instances where a plasma transfer has proved to be safe and useful. For example, patients whose blood is unable to clot because of illness or medication might receive a plasma transfer. In such a case, the benefits (helps the patient’s blood to clot) outweigh the risks (allergic reactions, etc.). However, even then, the patient still faces the same risks inherent to transfusions. >> Related: Feeling stressed? Thinking of your romantic partner can help lower blood pressure, study says “As a general matter, we will consider taking regulatory and enforcement actions against companies that abuse the trust of patients and endanger their health with uncontrolled manufacturing conditions or by promoting so-called ‘treatments’ that haven’t been proven safe or effective for any use,” the FDA said.
  • Some 3,000 outdoor turkey fryers are under recall over a potential oil leak that could cause a fire. >> Read more trending news  The voluntarily recall involves the Academy Sports + Outdoor Gourmet Turkey Keg fryer, according to the Consumer Product Safety Commission, described as a stainless steel fryer powered by propane. The spout can leak oil and pose a fire hazard, the CPSC said. The fryer’s item number, 157826, is located on one of the legs. The safety organization is urging owners to return the fryers as soon as possible to any Academy Sports + Outdoor stores for a full refund plus a $50 Academy gift card.  
  • Roosevelt Warm Springs Rehabilitation Hospital may have a grand history, and it may have disabled patients it helps to regain function. But it’s also just another rural Georgia hospital in danger of closing. The facility established by Franklin Delano Roosevelt has filed an emergency request for a federal judge to rein in the agency that runs Medicare, saying the federal government’s actions put it close to financial ruin. Lawyers for the hospital said the bureaucracy surrounding a disputed $585,000 in bills has cut off ongoing Medicare payments to the institution, payments that are the hospital’s lifeblood. Moreover, the hospital says, the government will likely take years to process the hospital’s appeal. By then, it will be too late. A judge will hear arguments March 5. “I would be heartbroken if it were to close,” said Beth Hadley, a County Commission member for Meriwether County, where the facility is located. She had not heard about the dispute. “Just the work they do is phenomenal,” Hadley said. “Lots of folks use their services. And the number of jobs they provide – good jobs.” Warm Springs is a tiny town located between Columbus and Atlanta. But it is known nationwide for the “Little White House” that FDR built there. The retreat, where he died, is now run as a historic site by the state. Roosevelt, unusual in catching polio as an adult, came to the Warm Springs area initially because he had been told the mineral spring waters there had healing powers. They didn’t heal him, and for the rest of his life he could stand and walk only with braces and support. But he came to feel benefits from swimming in Warm Springs. In 1927, five years before he was elected president, Roosevelt bought the resort property and established a polio treatment facility. That facility evolved and was resold. Now that vaccination has eliminated polio in the United States, the hospital, run by Augusta University Health, rehabilitates about 400 patients a year with a range of problems, including strokes and neurological and orthopedic conditions. The hospital has its own debt, running at a $637,000 loss last year, it said. Managers attribute its struggle partly to rural Georgia’s health care voids. It’s located far from regular hospitals that typically are a source of patient referrals to rehab centers, and it treats a high number of patients who are on Medicaid and Medicare, which don’t pay much. But, its lawyers said, the desperate situation now stems from cases the hospital billed to Medicare. The agency that runs Medicare, the Centers for Medicare and Medicaid Services, or CMS, said the hospital billed the CMS for too much care in about 16 cases. The CMS says it shouldn’t have paid the improper bills, and now it wants the money back. It’s started withholding the hospital’s regular Medicare reimbursements until the “debt” is repaid, a process known as “recoupment.” But what actually happened won’t be clear for years. That’s because CMS-hired auditors who identify overpayments are found to be wrong more than half the time when someone appeals. That problem causes a domino effect. The audits are so problematic that appeals have skyrocketed, jamming the waiting list. The law guarantees hospitals an appeal to an impartial administrative law judge within 90 days, but the backlog stretches years. The federal government has investigated the backlog and made the CMS report on its progress, and yet the wait still takes years. In the meantime, hospitals and treatment facilities cut down services or close down while waiting for their appeals. “It’s an especially draconian measure in that if the facility is challenging the audit, they often complete recoupment before they exhaust their appeals,” said Anna Grizzle, a lawyer in Tennessee who represents facilities dealing with the federal process. After the appeals finally make their way through, when a facility gets the CMS auditor overturned, the government writes a check with interest. “That interest payment is frankly little comfort if the provider’s been put out of business,” she said. Warm Springs hired its own auditor, who told it that the CMS auditor was wrong and that the hospital hardly owed anything. The hospital did get two chances at appeals within the CMS before the federal agency began keeping the money. The CMS said it hadn’t made a mistake. That CMS decision is where the recoupment begins. But the appeal at the next level, before an independent administrative law judge, is one where hospitals really have a chance, experts said. Yet recoupment isn’t put on hold for that. The hospital and lawyers who deal with such cases also point out that the CMS contractors have incentive to decide that the agency overpaid. In some cases the contractors are rehired on the basis that they’ve shown they can do a good job recognizing overpayments. In others, they’re paid a commission on whatever they said was overpaid. Jimmy Lewis, whose business Hometown Health is a consultant to rural Georgia hospitals, said he hears from clients about Medicare recoupment clawbacks “on a regular basis.” “Usually there’s not a lot of room for them to have any recovery,” he said. “The way those things work, you basically get a letter, it’s kind of their way or the highway.” And since many of the facilities often just have a few days’ cash flow in the bank, he added, “That can be a killer, there’s no question about it.” Both Augusta University Health, which runs the Warm Springs hospital, and the CMS declined to comment, citing ongoing litigation. A lawyer who researched Medicare recoupments for the Emory Law Journal, Maleaka Guice, said regulation surrounding recoupment has to be changed. In bankruptcies Medicare keeps taking money in spite of ongoing appeals even though all other creditors are put on hold, said Guice, who works with Grizzle. But even if the rules are finally changed to put recoupment on hold through all levels of appeals, “they have got to get that backlog down,” Guice said. “It’s a lack of due process to wait three to five years to go in front of a neutral judge,” she said. Stay on top of what’s happening in Georgia government and politics at ajc.com/news/georgia-government/.
  • Twitter descended into a furor after discovering an emoji that supposedly showed a rainbow flag with a crossed-out circle over it. >> Read more trending news However, this emoji does not exist. The talk began yesterday when one user tweeted the image, according to Fast Company. On iPhones, the tweet showed the crossed-out circle on the LGBT flag emoji. » New emojis are coming for 2019, include service dogs, inclusivity, sloth This is a bit of text trickery. The crossed-out circle is a special character that covers the previous letter or emoji. If you copy and paste it, the circle covers any previous character, not just the rainbow flag emoji. Jeremy Burge, who lists his title on Twitter as “chief emoji officer” for Emojipedia, set the record straight, saying, “It's literally how that character works in combo with any emoji or character.” Burge pointed out that in situations like this, it can be hard to differentiate which Twitter users have been genuinely fooled and which ones are pretending to be fooled as a joke. See for yourself: The special character is part of Unicode, which is a standard set of characters computers use to handle text. The latest version contains more than 137,000 characters to handle languages from English to Arabic as well as emojis and symbols.