1. Ownership. This Site (YosemiteArea.com) is owned and operated by Oakhurst Online. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by Oakhurst Online or by its respective third party authors, developers, or vendors (“Third Party Providers”). Except as otherwise expressly provided by Oakhurst Online none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of Oakhurst Online’s intellectual property rights, whether by estoppel, implication, or otherwise. Please contact us by E-MAIL if you have any questions about obtaining such licenses. Oakhurst Online does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Yosemite Area Online or Oakhurst Online. Any rights not expressly granted herein are reserved by Oakhurst Online.
2. Limited Permission to Use Materials. Oakhurst Online hereby grants you permission to use, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice appearing at section 14 below and the trademark notice appearing at section 15 below appears in the Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
3. Links to Third Party Sites . This Site may contain links to Web sites controlled by parties other than Oakhurst Online (the “Third Party Sites”). Oakhurst Online is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. Oakhurst Online is not responsible for webcasting or any other form of transmission received from any Third Party Site. Oakhurst Online is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Oakhurst Online of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that Oakhurst Online is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
4. Use of the Yosemite Area Online Member Directory: Users may not use the YosemiteArea.com Member Directory to mine email addresses for unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
- Sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
- Gathering addresses for sending unsolicited emails to significant numbers of individuals and/or entities with whom you have no preexisting relationship
- Imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
- Selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure
- Sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
- Intentionally distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
- Conducting or forwarding pyramid schemes and the like
- Illegally transmitting another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
- Promoting or encouraging illegal activity
- Interfering with other Yosemite Area Online users’ enjoyment of the Service.
5. Use of the Yosemite Area Forums The YosemiteArea.com Forums is a collaborative community where members may interact with one another. Access to and use of the Forums is subject to this paragraph 4, in addition to the other terms and conditions listed.
Rights and Responsibilities of YosemiteArea.com:
Oakhurst Online is not the publisher or author of any works posted on the Forums. It is a passive service for storage and dissemination of the works that YosemiteArea.com members may choose to post and distribute via the Forums. Oakhurst Online does not screen works before they are posted, and no prior approval is required for posting. Oakhurst Online disclaims all copyright and ownership in such works and all responsibility for them.
Although it cannot make an absolute guarantee of system security, Oakhurst Online takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.
If the Oakhurst Online technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Oakhurst Online reserves the right to delete those files or to stop those processes. If the Oakhurst Online technical staff suspects an account is being used by someone who is not authorized by the account holder, Oakhurst Online may temporarily disable that account in order to preserve system security. In all such cases, Oakhurst Online will contact the member as soon as feasible.
Oakhurst Online has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any works posted on the Forums, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to posts that use offensive language and posts that are advertisements.
Oakhurst Online reserves the right to refuse service to anyone and to cancel an account at any time.
Rights and Responsibilities of YosemiteArea.com Members or Other Posters to the Forums:
You are legally and ethically responsible for any topic – writings, files, pictures, or any other work – that you post or transmit on the Forums (or any other YosemiteArea.com service that allows interaction or dissemination of information). In posting works on the Forums, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, the right not to be libeled or slandered. For example, if you wish to post copyrighted content on the Forums, you are responsible for obtaining the copyright holder’s permission first.
Under United States Federal law, you retain copyright on all topics you create and post to the Forums, unless you choose specifically to renounce it. In posting a topic on the Forums, you authorize other members who have access to that service to make personal and customary use of the content, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to Oakhurst Online to copy your content as part of the normal backup process. You have the right to remove any of your content from the Forums at any time.
Your Rights and Responsibilities as a YosemiteArea.com Member and Reader of Postings on the Forums:
You are not required to provide your real name when signing up as a member of YosemiteArea.com. Yosemite Area Online permits anonymous or pseudonymous accounts. Any member may request that such member’s e-mail address be hidden to provide for additional privacy.
If you have a complaint about the behavior or posts of another member, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly. Normally, Oakhurst Online staff will not take a role in mediating conflicts between you and other members. Oakhurst Online does not take responsibility for your behavior or that of other members. Notwithstanding the foregoing, should such a complaint or conflict arise, the member or members may request that a YosemiteArea.com moderator intervene and attempt to resolve any dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other, or (iv) successfully resolve the situation . The decision to intervene rests with Yosemite Area Online, in its sole and absolute discretion.
Your access to the content that members have posted on the Forums is for your personal use only. If you want to redistribute content you find on the Forums, it is your responsibility to obtain permission from the poster (and any other person with rights to such content).
You agree to help protect your account and the security of other members by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact us via E-MAIL as soon as possible.
6. Use of YosemiteArea.com “Vendor Selectors.” The information contained in the Vendor Selectors was gathered from vendors via questionnaires, company Web sites, promotional materials and telephone interviews. Product information was not verified, and Oakhurst Online does not make any warranty, expressed or implied, or assume any legal liability or responsibility for the accuracy, completeness or usefulness of the information provided. The listing of products does not represent an endorsement by Oakhurst Online. In addition, because of the rapidly changing nature of the subject industries, the information may become outdated, and the list is in no way exhaustive. It is the sole responsibility of anyone using the information in a Vendor Selector to complete a thorough due diligence to confirm the validity of the information. In no way will Oakhurst Online be liable for any damages arising out of the provision or use of the Vendor Selectors.
7. NO WARRANTY . THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OAKHURST ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MARKETINGPROFS, LLC MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. OAKHURST ONLINE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
8. LIMITATION OF LIABILITY . IN NO EVENT SHALL, OAKHURST ONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF YOSEMITEAREA.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Indemnification . You agree to defend, indemnify and hold harmless Oakhurst Online, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
10. Unsolicited Submissions . Except as set forth in paragraph 4 above, Oakhurst Online does not want you to submit confidential or proprietary information to it through this Site, without first contacting Oakhurst Online. All comments, feedback, information or material submitted to Yosemite Area Online through or in association with this Site shall be considered non-confidential and Oakhurst Online’ property, unless otherwise set forth herein or agreed to by Oakhurst Online in writing. By providing any unsolicited submissions to Yosemite Area Online you hereby assign to Oakhurst Online, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Oakhurst Online shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Children . Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
14. Copyrights . All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2016, Oakhurst Online. ALL RIGHTS RESERVED.
15. Trademarks. Yosemite Area Online, YosemiteArea.com, all images and text, and all page headers, custom graphics and button icons on the Site are service marks, trademarks, and/or trade dress of, Oakhurst Online. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.