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Terms of Service / Terms of Use

This page contains the Terms of Use/User Agreement ("Agreement") between you and LakeNormanGuide.com. ("LakeNormanGuide.com") ("the Site"). You may wish to print this page for reference.

This Agreement sets forth the terms and conditions for your use of this Site. Your use of the Site constitutes your agreement to these terms and conditions.

Privacy Policy

Please review our Privacy Policy which is a part of this Agreement and describes how LakeNormanGuide.com treats your personal information.

1. Your Rights.

LakeNormanGuide.com grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials provided hereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.

2. Other Parties.

There are no other parties covered and protected under the terms of usage.

3. Copyright and Trademarks.

All materials on the Site, including without limitation text, images, software, audio and video clips, databases, user submitted reviews and ratings (collectively, the "Content") are owned or controlled by LakeNormanGuide.com or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, including without limitation our user submitted reviews and ratings and those user submitted reviews and ratings posted by other subscribers, for any public and/or commercial use without the prior written permission of LakeNormanGuide.com.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of LakeNormanGuide.com or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of LakeNormanGuide.com or the relevant Affiliate. In addition, you may not use our trademarks:

(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of LakeNormanGuide.com;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that LakeNormanGuide.com sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.

LakeNormanGuide.com, and other related marks used on this site are property of LakeNormanGuide.com in the United States and other countries.

4. Forums and Communications; License.

LakeNormanGuide.com may make available to users of the Site e-mail notices, newsletters, chat rooms, message boards, bulletin board services, user submitted reviews and ratings tools, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). LakeNormanGuide.com and its Affiliates do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, you grant LakeNormanGuide.com an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to LakeNormanGuide.com. You hereby waive all rights generally known as "moral rights" in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.

5. Public Communications.

You acknowledge and agree that any Communications, including Reviews described in Section 8, made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and LakeNormanGuide.com by reason of your transmitting a public Communication to any Forum on the Site.

6. Communicating on or to the Site.

LakeNormanGuide.com cannot review all Communications made on or through the Site. However, LakeNormanGuide.com reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which LakeNormanGuide.com in its sole discretion deems inappropriate, offensive or contrary to any LakeNormanGuide.com policy, or that violate this Agreement.

To help LakeNormanGuide.com maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which

(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services; (except for legitimate business listings)

(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

(iii) constitutes or contains false or misleading indications of origin or statements of fact;

(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

(v) causes injury of any kind to any person or entity;

(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

(vii) violates any applicable laws, rules, or regulations;

(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(ix) impersonates another person or entity, or that collects or uses any information about Site visitors. You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.

Additional terms and conditions apply to the Review Tool Forum described in Section 8 of this Agreement.

7. Unsolicited E-Mail.

You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by LakeNormanGuide.com in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

8. User Submitted Reviews and Ratings.

The LakeNormanGuide.com Site offers subscribers a Forum consisting of a third-party product review and ratings tool ("Review Tool"), whereby subscribers may submit reviews and ratings of businesses, websites, or people (collectively, "Reviews") and/or read reviews and ratings submitted by other Site subscribers.

BY ACCESSING, BROWSING OR USING THE REVIEW TOOL ON THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE REVIEW TOOL, INCLUDING THE SUBMISSION OF ANY REVIEWS.

You are solely responsible for all Reviews that you upload, post, email or otherwise transmit via the Review Tool.

Liability Disclaimer for Reviews. LakeNormanGuide.com is not liable for any statements, representations, descriptions, comments, or opinions provided by subscribers in Reviews posted on the Site. Reviews are displayed for entertainment and informational purposes only. LakeNormanGuide.com cannot guarantee the accuracy, integrity, or quality of Reviews. Under no circumstances will LakeNormanGuide.com or any third-party providers of the Review Tool be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of the Review Tool or the use of any content posted in a Review.

With respect to your conduct while using the Review Tool, you agree not to:
-attempt to disguise the origin of any content transmitted to the Review Tool;
act in any manner that could negatively affect other users' ability to use the Review Tool;
-impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
-upload, post or otherwise transmit any content that:
--is not relevant to the product, service, person or entity being reviewed or rated;
--you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
--is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

In addition to the grant of rights described in Section 4 above, by transmitting Reviews to the Site via the Review Tool, you hereby grant LakeNormanGuide.com the right to use on the Site the user name, identifier, or any portion thereof, submitted in connection with such Reviews, if LakeNormanGuide.com so chooses.

You further represent and warrant that (i) the Reviews you submit are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) LakeNormanGuide.com shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.

Once Reviews are submitted to the Site, LakeNormanGuide.com may take any or no action with respect to such Reviews, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at LakeNormanGuide.com's sole discretion. LakeNormanGuide.com may use your user name and geographical location to attribute authorship of Reviews to you.

Waiver of "Moral Rights". If it is determined that you retain "moral rights" (including rights of attribution or integrity) in the Reviews in spite of the waiver of moral rights described in Section 4, you agree and warrant that (a) you do not require that any personally identifying information be used in connection with the Reviews; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Reviews on the Site; and (c) you forever release LakeNormanGuide.com and its successors and assigns, from any claims that you could otherwise assert against them by virtue of any such moral rights.

System and Network Security and Integrity. You are prohibited from violating the security of any system or network comprising the Review Tool. Such violations may result in criminal and civil liability.

Enforcement. Notwithstanding anything to the contrary in this Agreement, LakeNormanGuide.com reserves the right to investigate any misuse of the Review Tool, or its systems, equipment or network. LakeNormanGuide.com reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that LakeNormanGuide.com deems objectionable. LakeNormanGuide.com reserves the right to screen Reviews for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.). Without limitation of the foregoing, LakeNormanGuide.com reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that LakeNormanGuide.com suspects has violated any law or regulation. LakeNormanGuide.com also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.

9. E-mails from LakeNormanGuide.com

By joining LakeNormanGuide.com you hereby allow us to contact you via e-mail whenever we wish for any reason. This is important as we must inform you of changes to the website or changes to our terms of use or privacy statement or any other reason.

10. Notice of Copyright Infringement

We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.

You must send a notice that complies with the Copyright Act, 17 U.S.C. 512(c)(3) ("Notice") to the agent we have designated:

LakeNormanGuide.com
Email: admin at this domain lakenormanguide.com

To comply with the Copyright Act, your Notice must be in writing and must include:

(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-Notice") that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:

(i) A physical or electronic signature of the alleged infringer;

(ii) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;

(iv) The alleged infringer's name, address, and telephone number; and

(v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.

11. Your password.

As part of the registration process you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Services, and agree that LakeNormanGuide.com will have no obligations with regard thereto.

12. Information Provided.

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Reviews, is at your sole risk. LakeNormanGuide.com reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that LakeNormanGuide.com is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither LakeNormanGuide.com nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.

13. No-Commercial Use Policy.

You agree to use the Site, Forums and Services only in a noncommercial manner and in compliance with LakeNormanGuide.com's No-Commercial Use Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation to any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us: Write to LakeNormanGuide.com 205 Aurora Ln, Huntersville, NC 28078.

LakeNormanGuide.com NO-COMMERCIAL USE POLICY
Published information from LakeNormanGuide.com, including our Ratings and Reports, is intended solely for the benefit of our subscribers and other consumers, in order to help them make informed choices and decisions about consumer products, services, and other consumer matters. Such information may not be used by others in advertising or to promote a company's product or service. In addition, this policy precludes any commercial use of any of LakeNormanGuide.com's published information in any form, or of the names of LakeNormanGuide.com, or any other of LakeNormanGuide.com's publications or services, without our express written permission.

14. Links to Other Sites.

The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by LakeNormanGuide.com or its Affiliates of any third-party site or any materials contained therein. LakeNormanGuide.com and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

15. Age Restrictions.

You represent and warrant to LakeNormanGuide.com that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

16. User Concerns or Questions

Any concerns or questions that a user may have should be directed to the webmaster at webmaster at LakeNormanGuide dot com

17. Indemnification.

You hereby agree to indemnify, defend and hold harmless LakeNormanGuide.com and its Affiliates from and against any and all liability and costs incurred by LakeNormanGuide.com or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. LakeNormanGuide.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of LakeNormanGuide.com.

18. DISCLAIMER OF WARRANTY.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE." LakeNormanGuide.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTIRCULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LakeNormanGuide.com AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIRCULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

19. LIMITATION OF LIABILITY.

USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.

UNDER NO CIRCUMSTANCES SHALL LakeNormanGuide.com OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR LakeNormanGuide.com OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE FEE-BASED SERVICES, EVEN IF LakeNormanGuide.com, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THE TOTAL LIABILITY OF LakeNormanGuide.com AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE LakeNormanGuide.com AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

20. Termination.

In addition to any other rights of the parties set forth herein, LakeNormanGuide.com may cancel or terminate this Agreement at any time. LakeNormanGuide.com also reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If LakeNormanGuide.com terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, LakeNormanGuide.com reserves the right to refuse to provide access to the Site or a subscription or any Services to you in the future.

21. Modifications

(a) To the Agreement.
LakeNormanGuide.com has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of LakeNormanGuide.com in providing the Site, including without limitation

(i) any change in the Content

(b) To the Site.
LakeNormanGuide.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Services. LakeNormanGuide.com may also impose limits on certain features and services or restrict your access to parts or all of the LakeNormanGuide.com Site without notice or liability.

22. General.

This Agreement constitutes the entire agreement between you and LakeNormanGuide.com with respect to the Site and, if applicable, the Services and supersedes all prior agreements between you and LakeNormanGuide.com. Failure by LakeNormanGuide.com to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Pennsylvania (excluding its choice of law rules). In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

© 1999-2010 LakeNormanGuide.com
Last updated on December 1, 2009.

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Subscribing to LakeNormanGuide.com or otherwise using our Site indicates your agreement to the terms and conditions set forth above.

Use of this site is subject to express Terms of Service. By continuing past this page, you agree to abide by these terms.

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