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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

  • We’ve heard this song before, but it seems genuine that KISS’ upcoming “End of the Road World Tour” will be exactly that. The band announced the decision to pack up the pyro after a performance on Wednesday’s finale of “America’s Got Talent.” 'All that we have built and all that we have conquered over the past four decades could never have happened without the millions of people worldwide who've filled clubs, arenas and stadiums over those years. This will be the ultimate celebration for those who've seen us and a last chance for those who haven't. KISS Army, we're saying goodbye on our final tour with our biggest show yet and we'll go out the same way we came in... Unapologetic and Unstoppable,' the band said in a statement. >> Read more trending news  KISS hasn’t yet announced dates for this final run, but will update fans in the next few weeks on www.kissonline.com.  In 2000-01, KISS embarked on “The Farewell Tour,” which, in fairness, turned out to be the final tour with the original lineup of Paul Stanley, Gene Simmons, Peter Criss and Ace Frehley. But the band returned in 2003 for a co-headlining tour with Aerosmith and has remained steady road warriors. The band’s current members are Stanley, Simmons, Tommy Thayer and Eric Singer. Read more here.
  • Janelle Ortiz dreamed of becoming famous. Melissa Ramirez imagined a day when the street wasn't home and drugs not her preoccupation. Claudine Luera just ached to see her children do better than she had. All of these women, bound by difficulties in life, met an eerily similar death: They were shot in the head and left on rural Texas roadsides, allegedly by a Border Patrol agent who has been described as a serial killer. Relatives of the dead are now grieving for loved ones who, they say, were more than the troubles they endured. 'They had families. They were loved. They were someone. They were human,' said Colette Mireles, a sister of Luera. The suspect's motive remains unknown. Authorities said the three women and a fourth woman, Guiselda Alicia Cantu, whose name was released Wednesday, were sex workers, and that Border Patrol supervisor Juan David Ortiz knew some of them. Each lived a life littered with hardship. Gracie Perez remembered her sister-in-law, 29-year-old Ramirez, telling her she was raped when she was 13. She dropped out of high school, experienced depression and eventually began living on the streets. Her five children were left in the care of others. She struggled with a drug habit. Despite all of that, her relatives remembered someone always trying to make others laugh. Ramirez liked pulling up funny videos on YouTube, devouring whatever food was before her and enjoying TV at full blast as she fell asleep on the couch. Perez said her sister-in-law frequently returned home to her mother's house, where two of her children live, typically staying a few days, vowing to get off drugs and improve her life before returning to the streets. 'She wanted to be a better mom, a better person,' Perez said. 'She didn't want to be running the streets anymore.' Janelle Ortiz, 28, envisioned a future where her personality and gift for talking with nearly anyone transformed her into someone famous. Rosenda Ortiz, her younger sister, remembered the difficult childhood they shared, with them constantly being thrust into new homes. She said her sister was strong and had a big heart, always asking what others needed. Rosenda Ortiz hoped that one day she'd be able to get a home of her own and invite her sister to come live with her. 'He was not known as a prostitute or a sex worker,' she said, using pronouns she knows her transgender sister would have chided her for. 'He was just a human being like the other victims. He was just living his life.' Mireles last talked to her 42-year-old sister two days before her body was found. She was 'over the moon' upon hearing that one of her sons was doing well in school and was already ironing out plans for prom with his girlfriend. As children, the sisters were at each other's throats. But Mireles marveled at her sister's ability to smile through her pain, even as her life spiraled downward the past few years. She always knew she might get a call with news of Luera's death, but she figured it would be an overdose. To hear she was found shot, clinging to life on the side of the road, was harrowing. The suspect told police that Luera questioned him about being the last person to have seen Ramirez before her death, authorities said. Mireles takes some comfort thinking of her sister's bravery in confronting him. 'My sister was feisty, so I'm sure she put up a hell of a fight,' she said. Joey Tellez, the attorney for the 35-year-old suspect, released a statement saying he would not be commenting on the case. Ortiz is a Navy veteran who had been in the Border Patrol about 10 years. Back at the modest home Ramirez frequented, an American flag is tied to a front window of a faded green trailer, and toys are strewn across the yard. Her mother, Maria Cristina Benevidez, steps haltingly as she places a photo of her daughter beside the wooden box that holds her ashes, hanging rosary beads and a gold cross necklace from the frame. Roosters are crowing, a Chihuahua named Mia is barking and Benevidez stands solemnly, her head bowed. Two weeks before Ramirez was found, she sat at the kitchen table in this home and shared a frightening premonition. 'I'm going to get killed. I'm going to be dead in less than a month,' her brother Cesar Ramirez remembered his sister saying. 'Stop saying nonsense,' he said his mother responded. 'Stop saying those stupid things.' She persisted, insisting she would be shot in the head. 'They're going to kill me. They're going to kill me,' she said. Ramirez was drunk, her sister-in-law said, and she didn't offer any more details of her vision. Later, Perez said, her sister-in-law pressed her to join her for a night of partying. Ramirez called her over and over, but she didn't answer. Now, she thinks she should have done something more, and she's haunted by Ramirez's parting words. 'This is the last time you're going to see me,' she warned. ___ Sedensky reported from New York.
  • A staple of summer — swarms of bugs — seems to be a thing of the past. And that's got scientists worried. Pesky mosquitoes, disease-carrying ticks, crop-munching aphids and cockroaches are doing just fine. But the more beneficial flying insects of summer — native bees, moths, butterflies, ladybugs, lovebugs, mayflies and fireflies — appear to be less abundant. Scientists think something is amiss, but they can't be certain: In the past, they didn't systematically count the population of flying insects, so they can't make a proper comparison to today. Nevertheless, they're pretty sure across the globe there are fewer insects that are crucial to as much as 80 percent of what we eat. Yes, some insects are pests. But they also pollinate plants, are a key link in the food chain and help decompose life. 'You have total ecosystem collapse if you lose your insects. How much worse can it get than that?' said University of Delaware entomologist Doug Tallamy. If they disappeared, 'the world would start to rot.' He noted Harvard biologist E.O. Wilson once called bugs: 'The little things that run the world.' The 89-year-old Wilson recalled that he once frolicked in a 'Washington alive with insects, especially butterflies.' Now, 'the flying insects are virtually gone.' It hit home last year when he drove from suburban Boston to Vermont and decided to count how many bugs hit his windshield. The result: A single moth. WINDSHIELD TEST The un-scientific experiment is called the windshield test. Wilson recommends everyday people do it themselves to see. Baby Boomers will probably notice the difference, Tallamy said. Several scientists have conducted their own tests with windshields, car grilles and headlights, and most notice few squashed bugs. Researchers are quick to point out that such exercises aren't good scientific experiments, since they don't include control groups or make comparisons with past results. (Today's cars also are more aerodynamic, so bugs are more likely to slip past them and live to buzz about it.) Still, there are signs of decline. Research has shown dwindling individual species in specific places, including lightning bugs, moths and bumblebees. One study estimated a 14 percent decline in ladybugs in the United States and Canada from 1987 to 2006. University of Florida urban entomologist Philip Koehler said he's seen a recent decrease in lovebugs — insects that fly connected and coated Florida's windshields in the 1970s and 1980s. This year, he said, 'was kind of disappointing, I thought.' University of Nevada, Reno, researcher Lee Dyer and his colleagues have been looking at insects at the La Selva Biological Station in Costa Rica since 1991. There's a big insect trap sheet under black light that decades ago would be covered with bugs. Now, 'there's no insects on that sheet,' he said. But there's not much research looking at all flying insects in big areas. THE EVIDENCE Last year, a study that found an 82 percent mid-summer decline in the number and weight of bugs captured in traps in 63 nature preserves in Germany compared with 27 years earlier. It was one of the few, if only, broad studies. Scientists say similar comparisons can't be done elsewhere, because similar bug counts weren't done decades ago. 'We don't know how much we're losing if we don't know how much we have,' said University of Hawaii entomologist Helen Spafford. The lack of older data makes it 'unclear to what degree we're experiencing an arthropocalypse,' said University of Illinois entomologist May Berenbaum. Individual studies aren't convincing in themselves, 'but the sheer accumulated weight of evidence seems to be shifting' to show a problem, she said. After the German study, countries started asking if they have similar problems, said ecologist Toke Thomas Hoye of Aarhus University in Denmark. He studied flies in a few spots in remote Greenland and noticed an 80 percent drop in numbers since 1996. 'It's clearly not a German thing,' said University of Connecticut entomologist David Wagner, who has chronicled declines in moth populations in the northeastern United States. 'We just need to find out how widespread the phenomenon is.' THE SUSPECTS Most scientists say lots of factors, not just one, caused the apparent decline in flying insects. Suspects include habitat loss, insecticide use, the killing of native weeds, single-crop agriculture, invasive species, light pollution, highway traffic and climate change. 'It's death by a thousand cuts, and that's really bad news,' Wagner said. To Tallamy, two causes stand out: Humans' war on weeds and vast farmland planted with the same few crops. Weeds and native plants are what bugs eat and where they live, Tallamy said. Milkweeds, crucial to the beautiful monarch butterfly, are dwindling fast. Manicured lawns in the United States are so prevalent that, added together, they are as big as New England, he said. Those landscapes are 'essentially dead zones,' he said. Light pollution is another big problem for species such as moths and fireflies, bug experts said. Insects are attracted to brightness, where they become easy prey and expend energy they should be using to get food, Tallamy said. Jesse Barber of Boise State is in the middle of a study of fireflies and other insects at Grand Teton National Park. He said he notices a distinct connection between light pollution and dwindling populations. 'We're hitting insects during the day, we're hitting them at night,' Tallamy said. 'We're hitting them just about everywhere.' Lawns, light pollution and bug-massacring highway traffic are associated where people congregate. But Danish scientist Hoye found a noticeable drop in muscid flies in Greenland 300 miles (500 kilometers) from civilization. His studies linked declines to warmer temperatures. Other scientists say human-caused climate change may play a role, albeit small. RESTORING HABITAT Governments are trying to improve the situation. Maryland is in a three-year experiment to see if planting bee-friendly native wildflowers helps. University of Maryland entomology researcher Lisa Kuder says the usual close-crop 'turf is basically like a desert' that doesn't attract flying insects. She found an improvement — 70 different species and records for bees — in the areas where flowers are allowed to grow wild and natural alongside roads. The trouble is that it is so close to roadways that Tallamy fears that the plants become 'ecological traps where you're drawing insects in and they're all squashed by cars.' Still, Tallamy remains hopeful. In 2000, he moved into this rural area between Philadelphia and Baltimore and made his 10-acre patch all native plants, creating a playground for bugs. Now he has 861 species of moths and 54 species of breeding birds that feed on insects. Wagner, of the University of Connecticut, spends his summers teaching middle schoolers in a camp to look for insects, like he did decades ago. They have a hard time finding the cocoons he used to see regularly. 'The kids I'm teaching right now are going to think that scarce insects are the rule,' Wagner said. 'They're not realizing that there could be an ecological disaster on the horizon.' ___ Associated Press video journalist Federica Narancio contributed to this report. Follow Seth Borenstein on Twitter: @borenbears . His work can be found here . ___ The Associated Press Health & Science Department receives support from the Howard Hughes Medical Institute's Department of Science Education. The AP is solely responsible for all content.
  • As South Carolina rivers overflowed from Florence's torrential rain, deputies taking two women to a mental health facility drove into floodwaters that engulfed their van and trapped the women inside, officials said Wednesday. The two deputies worked to free the women, who were being transported Tuesday night as part of a court order, but were not able to save them from the back of the van, Horry County Sheriff Phillip Thompson told reporters. 'I'm not sure if it was the way the van was positioned, against a guardrail, or if it was pressure from the water, but unfortunately they were not able to get the van doors open and get the ladies out,' Thompson said. Rescue crews needed about 45 minutes to find the van, which was underwater at that point, and plucked the Horry County deputies from the roof, the sheriff said. Officials said the van was in Marion County near the Little Pee Dee River, one of the bodies of water state officials are watching closely after Florence. Because of darkness, responders decided trying to retrieve the women's bodies from the van Tuesday night wasn't safe. That effort resumed Wednesday morning, and Thompson said a specialized crew was being flown in from Charleston to assist. At nearly 7 p.m. Wednesday, State Law Enforcement Division spokesman Thom Berry confirmed the bodies had been recovered. Thompson identified the women as Windy Newton, 45, and Nicolette Green, 43. Earlier Wednesday, Marion County Coroner Jerry Richardson had identified Newton with a different last name. Thompson told reporters that deputies appear to have driven around a barrier blocking the road but the investigation is ongoing. 'It hasn't been confirmed to me that they did, but here's my question: There's barriers there. It could be assumed that he did,' Thompson said Wednesday. Justin Bamberg, a state lawmaker and lawyer who has represented the families of several people injured or killed by law enforcement officers, said he's perplexed by the decision to transport anyone in such uncertain weather conditions. 'If that road is in an area where it is a flood risk, and waters were rising, why were they driving on that road anyway?' he said. 'People need to know exactly how it happened. It makes it seem like someone took a very unnecessary risk in creating the problem in the first place.' The incident has spawned investigations by the State Law Enforcement Division and Highway Patrol. Thompson said he has also begun an internal investigation and put the deputies involved — Joshua Bishop and Stephen Flood — on administrative leave. A woman who answered the phone at a number listed for Flood told a reporter he didn't want to talk to anyone. There was no answer at a number listed for Bishop. Thompson said he did not think the women were in restraints in the back of the van, noting that restraints are used for combative patients 'and I understand they were not.' The women had been involuntarily committed by a physician, authorities said. Under South Carolina law, people who have been certified by a physician as posing an imminent risk of harm to themselves by virtue of mental illness and are the subject of an involuntary emergency admission must be transported by law enforcement to whichever designated hospital has agreed to admit them, according to officials with the state's Department of Mental Health. According to statute, the documents authorizing the admission require 'a law enforcement officer, preferably in civilian clothes and preferably with crisis intervention training, to take into custody and transport the person to the hospital designated by the certification.' The sheriff said his agency acts as a courier in such situations, to follow a judge's wishes. Neither woman has an arrest record in South Carolina, according to documents obtained from state police. Their names also yielded no records in the Horry County jail and court index systems. Newton had posted on her Facebook page that she previously had been hospitalized for mental illness. She posted multiple times about her struggles. ___ AP photographer Gerald Herbert in Conway and AP writer Jeffrey Collins in Columbia contributed to this report. ___ Kinnard can be reached on Twitter at http://twitter.com/MegKinnardAP . Read her work at https://apnews.com/search/meg%20kinnard .
  • Foreign government hackers continue to target the personal email accounts of U.S. senators and their aides — and the Senate's security office has refused to defend them, a lawmaker says. Sen. Ron Wyden, an Oregon Democrat, said in a Wednesday letter to Senate leaders that his office discovered that 'at least one major technology company' has warned an unspecified number of senators and aides that their personal email accounts were 'targeted by foreign government hackers.' Similar methods were employed by Russian military agents who leaked the contents of private email inboxes to influence the 2016 elections. Wyden did not specify the timing of the notifications, but a Senate staffer said they occurred 'in the last few weeks or months.' The aide spoke on condition of anonymity because he was not authorized to discuss the issue publicly. But the senator said the Office of the Sergeant at Arms , which oversees Senate security, informed legislators and staffers that it has no authority to help secure personal, rather than official, accounts. 'This must change,' Wyden wrote in the letter. 'The November election grows ever closer, Russia continues its attacks on our democracy, and the Senate simply does not have the luxury of further delays.' A spokeswoman for the security office said it would have no comment. Wyden has proposed legislation that would allow the security office to offer digital protection for personal accounts and devices, the same way it does with official ones. His letter did not provide additional details of the attempts to pry into the lawmakers' digital lives, including whether lawmakers of both parties are still being targeted. Google and Microsoft, which offer popular private email accounts, declined to comment. The Wyden letter cites previous Associated Press reporting on the Russian hacking group known as Fancy Bear and how it targeted the personal accounts of congressional aides between 2015 and 2016. The group's prolific cyberspying targeted the Gmail accounts of current and former Senate staffers, including Robert Zarate, now national security adviser to Florida Sen. Marco Rubio, and Jason Thielman, chief of staff to Montana Sen. Steve Daines, the AP found. The same group also spent the second half of 2017 laying digital traps intended to look like portals where Senate officials enter their work email credentials, the Tokyo-based cybersecurity firm TrendMicro has reported. Microsoft seized some of those traps, and in September 2017 apparently thwarted an attempt to steal login credentials of a policy aide to Missouri Sen. Claire McCaskill , the Daily Beast discovered in July. Last month, Microsoft made news again when it seized several internet domains linked to Fancy Bear , including two apparently aimed at conservative think tanks in Washington. Such incidents 'only scratch the surface' of advanced cyberthreats faced by U.S. officials in the administration and Congress, according to Thomas Rid, a cybersecurity expert at Johns Hopkins University. Rid made the statement in a letter to Wyden last week . 'The personal accounts of senators and their staff are high-value, low-hanging targets,' Rid wrote. 'No rules, no regulations, no funding streams, no mandatory training, no systematic security support is available to secure these resources.' Attempts to breach such accounts were a major feature of the yearlong AP investigation into Fancy Bear that identified hundreds of senior officials and politicians — including former secretaries of state, top generals and intelligence chiefs — whose Gmail accounts were targeted. The Kremlin is by no means the only source of worry, said Matt Tait, a University of Texas cybersecurity fellow and former British intelligence official. 'There are lots of countries that are interested in what legislators are thinking, what they're doing, how to influence them, and it's not just for purposes of dumping their information online,' Tait said. In an April 12 letter released by Wyden's office, Adm. Michael Rogers — then director of the National Security Agency — acknowledged that personal accounts of senior government officials 'remain prime targets for exploitation' and said that officials at the NSA and Department for Homeland Security were discussing ways to better protect them. The NSA and DHS declined to offer further details. Guarding personal accounts is a complex, many-layered challenge. Rid believes tech companies have a sudden responsibility to nudge high-profile political targets into better digital hygiene. He said he did not believe much as been done, although Facebook announced a pilot program Monday to help political campaigns protect their accounts, including monitoring for potential hacking threats for those that sign up. Boosting protection in the Senate could begin with the distribution of small chip-based security devices such as the YubiKey, which are already used in many secure corporate and government environments, Tait said. Such keys supplement passwords to authenticate legitimate users, potentially frustrating distant hackers. Cybersecurity experts also recommend them for high-value cyber-espionage targets including human rights workers and journalists. 'In an ideal world, the Sergeant at Arms could just have a pile of YubiKeys,' said Tait. 'When legislators or staff come in they can (get) a quick cybersecurity briefing and pick up a couple of these for their personal accounts and their official accounts.' ___ Bajak reported from Boston. Satter reported from London.
  • Authorities said they still don't know why an employee at a Wisconsin software company went to his office with a pistol and extra ammunition and began firing on his colleagues, seriously injuring several, before he was fatally shot by police. Middleton Police Chief Chuck Foulke said the shooting happened Wednesday morning at WTS Paradigm. Officers were alerted to an active-shooter situation at 10:26 a.m. and arrived to find a man armed with a semi-automatic pistol and extra ammunition. The man fired at officers before he was shot, and he later died at a Madison hospital. Foulke said four officers fired their weapons within eight minutes of getting the call, preventing more bloodshed. 'I think a lot less people were injured or killed because police officers went in and neutralized the shooter,' Foulke said. Foulke released few details about the suspect: that he was an employee of WTS Paradigm and lived in nearby Madison. The chief said he didn't know if victims were targeted, adding that investigators were following all leads. 'We have reason to believe the suspect was heavily armed with a lot of extra ammunition, a lot of extra magazines,' Foulke said. Judy Lahmers, a business analyst at WTS Paradigm, said she was working at her desk when she heard what sounded 'like somebody was dropping boards on the ground, really loud.' Lahmers said she ran out of the building and hid behind a car. She said the building's glass entrance door was shattered. 'I'm not looking back, I'm running as fast as I can. You just wonder, 'Do you hide or do you run?'' she told The Associated Press. She said she knew one co-worker had been grazed by a bullet but was OK. She didn't have any other information about the shooting but said it was 'totally unexpected. We're all software people. We have a good group.' WTS Paradigm Marketing Manager Ryan Mayrand said in a statement Wednesday evening that the company was 'shocked and heartbroken' and was working to set up counseling for workers. He asked the media to respect the privacy of the workers, particularly those who were among the victims. University Hospital in Madison confirmed Wednesday evening that it was still treating three victims from the shooting, saying one was in critical condition and two were in serious condition. Police conducted a secondary search of the office building after the shooting to ensure there were no more victims or suspects — and officers discovered some people still hiding in the building, which also houses Esker Software. Gabe Geib, a customer advocate at Esker Software, said he was working at his desk when he heard what 'sounded like claps.' He said he then saw people running away from the building at 'full sprint.' 'We knew at that point that something was going down. A ton of people were running across the street right in front of us,' he said. Geib said he and his colleagues were still huddled in their cafeteria, away from windows, more than an hour after the shooting. Jeff Greene, who also works at Esker, said police told those gathered in the cafeteria to go to a nearby hotel to make a statement about what they saw. Three yellow school buses full of more than 100 people, including witnesses, were unloaded at a hotel about 5 miles (8 kilometers) from the office building. Some people hugged as they were reunited with loved ones. Others stopped to pet a dog that had been brought by someone picking up a worker. WTS Paradigm makes software for the building products industry. A Wisconsin State Journal profile from 2014 listed company employment at about 145 employees and noted the company was looking to move to a larger location at the time. The company's website was down Wednesday. A shopping center next to the building was temporarily put on lockdown at the direction of police. Middleton is about 90 miles (145 kilometers) west of Milwaukee. ___ Associated Press writers Gretchen Ehlke in Milwaukee, and Amy Forliti and Jeff Baenen in Minneapolis contributed to this report.