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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

  • More than 1.27 million people worldwide – including more than 337,000 people in the United States – have been infected with the new coronavirus, and the number of deaths from the outbreak continues to rise. Officials are attempting to contain the COVID-19 outbreak in the U.S. as hospitals brace for unprecedented patient surges. The Centers for Disease Control and Prevention is tracking cases in the U.S. here. Live updates for Monday, April 6, continue below:  Coronavirus cases among active duty military members tops 1,000 Update 10:35 a.m. EDT April 6: The Pentagon said the number of COVID-19 cases in the active duty force topped 1,000 over the weekend. There are a total of 1,132 confirmed cases as of Monday morning. The total was 978 on Friday. There also have been 303 cases among members of the National Guard. Among the military services, the Navy has the most cases, with 431. That includes more than 150 among the crew of the aircraft carrier USS Theodore Roosevelt. Restaurant Employee Relief Fund to take applications beginning Monday Update 10:25 a.m. EDT April 6: The National Restaurant Association has set up the Restaurant Employee Relief fund to give grants of $500 full- or part-time restaurant employees struggling as the coronavirus pandemic shutters restaurants nationwide. Officials with the National Restaurant Association said the fund was supposed to open for applications earlier, but the server hosting the application process was overwhelmed shortly after opening. “We are deeply humbled by and grateful for the opportunity to provide support to restaurant employees. Almost immediately after opening the application process, extremely high user volume overwhelmed the application platform. We are continuing to upgrade our system to improve site functionality and expand capacity,' the group said on the application website. Stocks rise on signs of progress battling COVID-19 Update 9:50 a.m. EDT April 6: Stocks jumped in markets around the world Monday after some of the hardest-hit areas offered sparks of hope that the worst of the coronavirus outbreak may be on the horizon. U.S. stocks climbed more than 3% in the first few minutes of trading, following similar gains in Europe and Asia. In another sign that investors are feeling more optimistic about the economy’s path, the yield on the 10-year Treasury was headed for its first gain in four days. Oil prices fell after a meeting between Russia and OPEC aimed at defusing a price war was pushed back a few days. Wells Fargo closes application window for Paycheck Protection Program Update 9:35 a.m. EDT April 6: Officials with Wells Fargo announced Monday that the bank will no longer be accepting applications for a new federal program aimed at helping small businesses retain and pay workers amid the coronavirus outbreak.  In a statement Sunday, bank officials said they aimed to distribute $10 billion in loans under the government’s Paycheck Protection Program. Funding for the program was included in a $2.2 billion economic relief package to help Americans struggling in the pandemic.  Wells Fargo officials said Monday in a statement that they expected to “fill the company’s capacity to lend under the program” with the applications they’ve already received. The application window had opened Friday.  “Given the exceptionally high volume of requests we have already received, we will not be able to accept any additional requests for a loan through the Paycheck Protection Program,” company officials said in a notice posted Monday. “We will review all expressions of interest submitted by customers via our online form through April 5 and provide updates in the coming days.” Without precautions ‘we could have another peak in a few weeks,’ US official says Update 9:10 a.m. EDT April 6: Admiral Dr. Brett Giroir, assistant secretary for health at the U.S. Department of Health and Human Services, said Monday that people need to continue to take social distancing and other measures to stop the spread of the coronavirus. “Everyone is susceptible to this and everyone needs to follow the precautions that we’ve laid out,” Giroir said during an appearance on NBC’s “today” show Monday. “If we let our foot off the gas and start doing things that are ill-advised, we could have another peak in a few weeks. ... We have to completely keep our efforts going.” Officials recommend that Americans stay home as much as possible and keep at least 6 feet of distance from other people. They’ve also urged that people wear cloth face masks in public to stymie the spread of the virus. UK prime minister says he’s in ‘good spirits’ after hospitalization Update 8:55 a.m. EDT April 6: Prime Minister Boris Johnson of the United Kingdom said in a tweet Monday morning that he’s “in good spirits” after being hospitalized with coronavirus symptoms. Ten days before his hospitalization, Johnson had tested positive for COVID-19. “Last night, on the advice of my doctor, I went into hospital for some routine tests as I’m still experiencing coronavirus symptoms,” Johnson said. “I’m in good spirits and keeping in touch with my team as we work together to fight this virus and keep everyone safe.” Britain’s Camilla, Duchess of Cornwall, out of isolation Update 7:55 a.m. EDT April 6: Britain’s Camilla, the Duchess of Cornwall, is no longer in self-isolation, ITV and other news outlets are reporting. Although the 72-year-old, who is married to Prince Charles, tested negative for coronavirus, she went into self-isolation for two weeks because her husband had tested positive for COVID-19. Charles, 71, spent seven days in quarantine after displaying mild symptoms and left self-isolation March 30. Camilla and Charles have been staying in Scotland, ITV reported. Death rates in Spain, Italy appear to be slowing Update 7:21 a.m. EDT April 6: The rates of coronavirus deaths in Spain and Italy, the two European countries hit hardest by the coronavirus outbreak, appear to be slowing. According to CNN, Spanish health officials said Monday that 637 people died from the virus in the past day, an increase of 5.1% from the number of deaths reported Sunday. That marks “the lowest daily rise, percentage-wise, since early March,” CNN reported. Meanwhile, Italian officials on Sunday reported that 525 people died from the virus in the past 24 hours, marking the country’s “lowest death rate in two weeks,' according to CNN. As of Monday morning, Spain had reported the second-highest number of infections worldwide, with 131,646 cases and 12,641 deaths, while Italy had reported the third-highest number of infections, with 128,948 cases and 15,887 deaths, Johns Hopkins University reported. Only the United States had reported more overall cases. London’s West End theaters cancel all shows through May 31 Update 6:23 a.m. EDT April 6: London’s West End theaters are canceling all shows through May 31 amid the coronavirus pandemic, the Society of London Theatre announced Monday. The theaters previously had announced a shutdown through April 26, according to the Hollywood Reporter. “We are now canceling all performances up until and including 31 May 2020 to help us process existing bookings whilst we wait for further clarity from the government in terms of when we will be able to reopen,” the society said in a statement. As of Monday morning, at least 48,440 coronavirus cases and 4,943 deaths had been reported in the United Kingdom, according to Johns Hopkins University. Read more here. FedEx pilots removed from duty following ‘inconclusive’ COVID-19 test results Update 5:14 a.m. EDT April 6: FedEx flew some pilots back to the United States after they received inconclusive test results for COVID-19. According to WHBQ in Memphis, Tennessee, the pilots were removed from service and are self-isolating while follow-up testing and evaluation is being performed, according to FedEx. The exact number of pilots removed is unclear. The company released a statement Sunday: “Some FedEx pilots were flown back to the U.S. after receiving inconclusive test results for COVID-19. They have been removed from duty and are self-isolating while follow-up testing and evaluation is performed. All areas where these team members worked are being thoroughly cleaned and disinfected. The safety and well-being of our employees remains our first concern. FedEx continues to take all necessary precautions and follow guidance from the FAA, CDC and other public health organizations related to reporting and containment of COVID-19. We continue our operation in China and remain committed to providing the best possible service to our customers.“ Dozens of Massachusetts firefighters test positive for COVID-19 Update 4:32 a.m. EDT April 6: At least 87 firefighters in Massachusetts have tested positive for coronavirus as of Sunday, according to The Professional Fire Firefighters of Massachusetts. Boston’s WFXT reports that 1,814 firefighters have a documented exposure to COVID-19, 831 have been tested for the virus and 583 are currently under quarantine. In Taunton, nine firefighters have tested positive for coronavirus. “These numbers are alarming, but firefighters across Massachusetts and the United States will continue to answer your calls for service,” the labor union posted on Twitter on Sunday night. “Please help us help you – Stay home.” >> See the tweet here The numbers encompass 201 locals representing 11,106 members, which account for 97% of the union’s membership. On Sunday, a coronavirus testing site for only first responders opened at Gillette Stadium. Duran Duran’s John Taylor recovers after testing positive for COVID-19 Update 3:30 a.m. EDT April 6: Duran Duran’s John Taylor is feeling better weeks after he tested positive for the novel coronavirus, he wrote Sunday in a post on the band’s Facebook page. According to USA Today, the 59-year-old bass player said he was diagnosed three weeks ago and has since recovered. “After a week or so of what I would describe as a ‘turbo-charged flu,’ I came out of it feeling OK – although I must admit I didn’t mind the quarantine as it gave me the chance to really recover,” he wrote. “I am speaking out in answer to the enormous amount of fear being generated by the pandemic, some of it entirely justified, and my heart goes out to everyone who has had to deal with real loss and pain. But I want to let you know that it isn’t always a killer, and we can and will beat this thing.” >> See the post here Taylor added that he “cannot wait to be back onstage again, sharing new music, love and joy.” Singer-songwriter Christopher Cross tests positive for COVID-19 Update 2:35 a.m. EDT April 6: Singer-songwriter Christopher Cross has tested positive for the novel coronavirus, he said in an Instagram post Friday. “I’m sorry to report that I am among the growing number of Americans who tested positive for the COVID-19,” he wrote in the post. “I’m not in the habit of discussing medical issues on social media, but I do so in the hopes that this will help other people to understand how serious and how contagious this illness is. Although I am fortunate enough to be cared for at home, this is possibly the worst illness I have ever had.” >> See the post here Cross, 68, also urged his fans to take the virus seriously and stay home, wash their hands and avoid touching their faces. “For those of you who still do not believe the COVID-19 virus is real, or think it is a ‘hoax’ or part of some conspiracy, my advice to you is to understand right now that this is a deadly illness spreading like wildfire throughout the world,” the Grammy Award winner wrote, encouraging followers to visit the Centers for Disease Control and Prevention’s website. He added that everyone should “be kind to one another.' “Only if we work together can we defeat COVID-19,' he wrote. Several other celebrities, including Pink, Tom Hanks, Rita Wilson, Idris Elba and CNN’s Chris Cuomo, have tested positive for the virus. Delta announces changes to SkyMiles, Medallion programs Update 1:49 a.m. EDT April 6: The coronavirus pandemic has brought the airline industry nearly to a halt. In March, Atlanta-based Delta Air Lines announced that its revenue fell by $2 billion due to the spread of COVID-19 and a drop in demand for air travel. On Sunday, Delta Air Lines has begun notifying its flyers about changes to its well-known SkyMiles program due to the sudden drop in air travel. “On behalf of all of us at Delta, I want to thank our customers for your continued loyalty during these unprecedented times. While our focus is on keeping customers and employees safe and healthy today and always, you are a part of the Delta family and we know how important these benefits are to you,” said Sandeep Dube, Delta’s senior vice president of customer engagement and loyalty, and CEO of Delta Vacations. “That’s why as coronavirus continues to dramatically impact travel across the globe, you don’t have to worry about your benefits – they’ll be extended so you can enjoy them when you are ready to travel again.” Here are the changes: Medallion Members: All Medallion Status for 2020 will be automatically extended for the 2021 Medallion Year. All Medallion Qualification Miles (MQMs) from 2020 are being rolled over to 2021 to qualify for 2022 Medallion Status. Delta Sky Club Individual and Executive memberships with an expiration of March 1, 2020, or later will receive six additional months of Delta Sky Club access beyond their expiration date. Delta SkyMiles American Express Card Members: If you have one of the following in your SkyMiles profile “My Wallet” that is valid now or has expired since March 1, 2020, we are extending the expiration dates to give you additional time to enjoy your benefits: SkyMiles Members: If you have one of the following in your SkyMiles profile “My Wallet” that is valid now or has expired since March 1, 2020, we are extending the expiration dates to give you additional time to enjoy your benefits: The updates will happen automatically over the coming weeks, with no action needed from customers, Delta said. “We are continuously monitoring how coronavirus impacts travel and will make additional adjustments to support our customers’ needs as the pandemic evolves,” said Dube. Read more here. U.S. cases soar past 337,000, including more than 9,600 deaths Update 12:43 a.m. EDT April 6: The number of novel coronavirus cases in the United States soared past 337,000 across all 50 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands early Monday. According to researchers at Johns Hopkins University, there are at least 337,620 confirmed U.S. cases of the virus, which have resulted in at least 9,643 deaths. Worldwide, there are 1,274,923 confirmed cases and 69,479 deaths from the virus. U.S. cases outnumber those in any other nation, including the 131,646 reported in Spain and the 128,948 confirmed in Italy. Of the confirmed deaths in the U.S., 4,159 have occurred in New York, 917 in New Jersey, 617 in Michigan and 477 in Louisiana. In terms of diagnosed cases, New York remains the hardest-hit with at least 123,160 confirmed cases, followed by New Jersey with 37,505, Michigan with 15,718 and California with 15,154. Five other states have each confirmed at least 10,000 novel coronavirus cases, including: • Louisiana: 13,010, including 477 deaths • Massachusetts: 12,500, including 231 deaths • Florida: 12,350, including 221 deaths • Pennsylvania: 11,589, including 151 deaths • Illinois: 11,259, including 274 deaths The Associated Press contributed to this report.
  • The Good Hands People plan to put money back in their customers’ hands. Insurance giant Allstate announced Monday that it would return more than $600 million in auto insurance premiums to customers, who have been driving less as states have implemented stay-at-home or shelter-in-place orders to battle the coronavirus. The company announced on its website that customers who own Allstate, Esurance and Encompass auto insurance policies will receive 15% of their monthly premiums in April and May. Customers will receive the money through a credit to their bank account, credit card or Allstate account, the company said. In a news release, Allstate said the fastest way to receive the payback is to use the company’s mobile application. 'Allstate has been helping customers overcome catastrophes for 89 years since our purpose is to make sure they are in Good Hands. We have learned to move quickly and put people first,” Tom Wilson, Allstate’s CEO, said in a statement. “This crisis is pervasive. Given an unprecedented decline in driving, customers will receive a Shelter-in-Place payback of more than $600 million over the next two months. 'This is fair because less driving means fewer accidents. We are also providing free identity protection for the rest of the year to all U.S residents who sign up, since our lives have become more digital.”
  • The Centers for Disease Control and Prevention changed its guidance late Friday concerning the wearing of cloth face masks while out in public. The CDC, according to President Donald Trump, said that people, when going to public locations, should now wear “non-medical, cloth face coverings.” The action is voluntary, Trump said in his afternoon press briefing. Since the beginning of the battle against COVID-19, the World Health Organization and the Centers for Disease Control and Prevention had said that people didn’t need to wear masks unless they were sick and coughing, The New York Times reported prior to Trump’s announcement. Thursday evening, Trump had said his administration would have regulations when it came to the general population and the wearing of masks. Some opportunities for wearing masks while in public would be when going to pharmacies and grocery stores, the Times reported. Many people may now be looking for ways to make their own personal protective equipment or to make PPE for those working the front lines. There are many designs to make, from no-sew options to ones that need some needle and thread. No Sew Supplies: A bandanna or piece of finished cloth Hair elastics Sewn versions Supplies: Paper, to make a pattern Cotton fabric Fusible interfacing Elastic Pins Sewing machine The New York Times has an alternate pattern. Click here for step by step instructions. Kaiser Permanente has also shared a design approved by the health system for donation to hospitals, The Washington Post reported.
  • Many restaurant workers have found themselves out of a job as the country continues to practice social distancing during the COVID-19 pandemic. But with restaurants going dark while everyone stays home, either by choice or by order of their state government, those workers were suddenly without pay. The National Restaurant Association has set up the Restaurant Employee Relief fund to give grants of $500 per person to anyone who is eligible and applies. But not all is going as planned. The server hosting the application process couldn’t take the traffic and was quickly overwhelmed, according to a message on the group’s Twitter page. “We are deeply humbled by and grateful for the opportunity to provide support to restaurant employees. Almost immediately after opening the application process, extremely high user volume overwhelmed the application platform. We are continuing to upgrade our system to improve site functionality and expand capacity,' the group said on the application website. To be eligible, workers had to work either part-time or full-time for at least 90 days in the past year with their primary income coming from the restaurant industry. They had to either have a decrease in wages or job loss on or after March 10. The money can be used for rent or mortgage payments, car payments or other transportation costs, utilities, child care, student loans, groceries or medical bills, the group said on its website. The association said those in need of help should check back at noon EST Monday for an update. Guy Fieri is one of the restaurant owners and operators trying to give back to industry workers. He said the goal of the group is to get $100 million in donations, ABC News reported when his participation was announced last week. Experts say five to seven million restaurant workers could be out of work over the next three months, according to ABC News.
  • Working out at the gym has been impossible because of the coronavirus pandemic, but an Ohio man found a way to solve that weighty problem. He built a gym in his yard. Zachary Skidmore, who lives east of Cincinnati, took matters into his own hands and built what he calls a “lumber jacked gym,' WCMH reported. Skidmore posted a video to his Facebook page, showing off his homemade his gym -- complete with a treadmill, leg press, shoulder press and dumbbells, the television station reported. Skidmore created his gym out of wood. “So my gym closed. So, I grabbed a chain saw and went to work,” Skidmore wrote on Facebook. “I managed to satisfy my hunger to work out.” Skidmore said it took him 60 hours over a two-week period to build his makeshift gym. It looks like he is going to keep in shape with no problem.
  • Pro Football Hall of Famer Bobby Mitchell, the first African American to play for the Washington Redskins, died Sunday, the team announced. He was 84. Mitchell, who played 11 seasons in the NFL, led the league in receiving yards twice and caught 65 touchdown passes during his career, which began in Cleveland in 1958 and ended with the Redskins in 1968. He finished with 14,078 total yards and 91 career touchdowns, including 18 rushing. After his retirement, Mitchell served as a Redskins scout and front office executive for 41 years, The Washington Post reported. “I was extremely saddened to hear the news about the passing of the great Bobby Mitchell,” Redskins owner Daniel Snyder said in a statement. “Bobby was a Hall of Fame player and executive and represented the Washington Redskins organization with integrity for over 50 years. His passion for the game of football was unmatched by anyone I have ever met. Not only was he one of the most influential individuals in franchise history, but he was also one of the greatest men I have ever known. He was a true class act and will be sorely missed. Our thoughts and prayers are with his wife Gwen and the entire Mitchell family during this time.” Mitchell, born June 6, 1935, grew up in Hot Springs, Arkansas, and attended the University of Illinois. He was selected by the Cleveland Browns in the seventh round of the NFL draft and played halfback, sharing running duties with Jim Brown, ESPN reported. Mitchell was traded to Washington with Leroy Jackson for Ernie Davis in 1962 and led the league in receiving for the first of two consecutive seasons. He made the Pro Bowl during his first three seasons in Washington. He also tied an NFL record with a 99-yard touchdown catch against the Browns, ESPN reported. Mitchell was elected to the Hall of Fame in 1983. In 2002, he was named one of the 70 greatest Redskins as part of the team’s 70th-anniversary celebration, the Post reported. Mitchell, along with Jackson and John Nisby, integrated the Redskins in 1962, as Washington was the final NFL team to break the color barrier. Redskins owner George Preston Marshall had said many fans preferred watching white players and would reject the Redskins if they had blacks on the roster, ESPN reported. He was wrong. In a 2003 interview with the Post, Mitchell said he wanted not only to be remembered as a trailblazer, but also as a great player. “I have to live with people always talking about me as the first black player against all my exploits,” Mitchell told the newspaper. “I’ve always been very upset that people always start with that. I don’t want to hear that, and yet I have to hear it constantly, and it overshadows everything I’ve done in the game.” 'The entire Pro Football Hall of Fame family mourns the passing of Bobby Mitchell,” David Baker, the Pro Football Hall of Fame’s president, said in a statement. “The game lost a true legend today. Bobby was an incredible player, a talented executive and a real gentleman to everyone with whom he worked or competed against. His wife Gwen and their entire family remain in our thoughts and prayers. The Hall of Fame will forever keep his legacy alive to serve as inspiration to future generations.”