DMCA: Notification of Copyright Infringement
If you are a copyright owner (or an agent of a copyright owner) and believe any user material posted on our site infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to our Designated Copyright Agent containing the following information:
- A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.
- A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our website (such as the message ID of the infringing material).
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
- The notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the owner.
Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the this email address. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.
We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability.
This User Agreement (this “Agreement”) is a legal agreement between you and Own Your Hill, LLC. (“Own Your Hill,” “we” or “our”) providing, among other things, the terms and conditions for your use of the Own Your Hill websites, (collectively, the “Service”). The list of Own Your Hill websites governed by this agreement include: downtownlaurel.com.
Please read this Agreement carefully. By using the Service you agree to abide by all of the terms of this Agreement. If you do not agree to, or cannot comply with this Agreement, please do not use the Service. We may, from time to time, change this Agreement. We will post a copy of the changed Agreement on the Service. Your continued use of the Service constitutes your agreement to abide by this Agreement as changed. Any breach of this Agreement may result in termination of your access to the Service, without notice, in addition to the other remedies available to Own Your Hill.
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Service, including, for example, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Own Your Hill and its affiliates, licensors or suppliers (excluding any “User Content,” as defined below, which may be owned by others). The Service is protected by copyright, trademark and other intellectual property laws of the United States of America and applicable international intellectual property laws.
You may use the Content online only, and solely for your personal, non-commercial use and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. However, Own Your Hill does not represent or warrant that use of any Content will not infringe rights of third parties. If you operate a Web site and wish to link to the Service, you may do so provided you agree to remove such link immediately upon our request. The permitted use described in this paragraph is contingent upon your compliance at all times with this Agreement. No other use is permitted without our prior written authorization. Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service in any way that affects a user’s experience, and not to use any data mining, data gathering or extraction methods.
Requests to use Content for any purposes other than as permitted in this Agreement should be directed to email@example.com. In certain cases, you may be able to obtain a license to use individual stories that appear on the Service through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will provide the license information or a link on the Content itself. If you do not see such license information or link, you should assume you do not have permission to use the Content.
We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We will terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows:
The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ-judgment and opinion are subjective-and we encourage free speech and the exchange of ideas. But, by using these areas of the Service, you are participating in a community that is intended for all of our users.
Therefore, we reserve the right, but undertake no duty, to review, edit, move, or delete any User Content provided for display or placed on the Service, at our sole and absolute discretion, without notice to the person who submitted such User Content.
You may be held liable for any illegal or prohibited User Content made accessible on or through the Service or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Service is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Service any User Content that:
- Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, hateful, or malicious;
- Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
- Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
- Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
- Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
- Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by Own Your Hill or any other party;
- Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
- Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Service:
- Impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity;
- Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the Service;
- Engage in commercial activities and/or sales without our prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
- Post or transmit any Content that you do not have the right to post or transmit;
- Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
- Disrupt the ordinary flow and operation of any portion of the Service, including causing a screen to scroll faster than another user may be able to type in a chat room or bulletin board environment;
- Interfere with or disrupt the Service or any server or network involved with the operation of the Service;
- Stalk or harass any other person; or
- Collect or “harvest” from the Service the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Service, please notify us at firstname.lastname@example.org. We do not support, endorse nor tolerate any of the foregoing material or activity.
Given the nature of the Service and the volume of User Content we receive, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using interactive areas of the Service. We particularly discourage divulging personal information when you participate in interactive areas of the Service. You do so at your own risk.
We do not necessarily endorse, support, sanction, encourage, verify, or agree with statements posted on the interactive areas of the Service. Any such statements are the views and responsibility of those who posted them, and do not necessarily represent our views. You agree that we are not responsible, and shall have no liability to you whatsoever, with respect to any such statements.
The Service (including, but not limited to, any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional in any field, including but not limited to financial, medical, legal, business or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Service. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide links to or automatically produce search results for third-party Web sites or resources or third-party information referencing or linking to third-party Web sites or resources. We have no control over such third-party Web sites and resources, and you acknowledge and agree that we are not responsible for the content or information contained therein. We cannot and do not guarantee, represent or warrant that the content or information contained in such third-party Web sites and resources is accurate, legal, non-infringing or inoffensive. We do not endorse the content or information of any third-party Web site or resource and, further, we do not warrant that such Web sites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using the Service to search for or link to a third-party Web site, you agree and understand that we shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, the Service to obtain search results or to link to a third-party Web site. However, if you have a problem with a link from the Service, please let us know at email@example.com
Although we try to provide accurate information on the Service, the materials may contain inaccuracies, errors and typographical errors. Own Your Hill and its affiliates do not warrant the accuracy or completeness of the Content contained on the Service. We may make changes to the Content at any time without notice and make no commitment to update the Content.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SERVICE, IF ANY, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND Own Your Hill AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SERVICE. Own Your Hill AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. Own Your Hill AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Own Your Hill AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Own Your Hill OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Own Your Hill AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICE; (2) Own Your Hill OR ITS AFFILIATES’ USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; (3) USER CONTENT OR INFORMATION POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any program offered on the Service, your ability to access the Service, and to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that Own Your Hill and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
Own Your Hill may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires Own Your Hill or any of its assets.
This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of laws provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts located in Jones County, Mississippi.
The Service is controlled, operated and administered by Own Your Hill from within the United States. We make no representation or warranty that the Content available on the Service is appropriate or available for use at other locations outside of the United States. If you use the Service in a jurisdiction that prohibits or restricts the use of the Service, you agree that your use of the Service will be at your own risk, without limitation of any other provision of this Agreement, and that Own Your Hill and its affiliates shall not have any liability with respect to such use. Software from this Service may be subject to United States export controls. You may not use the Service or export software from this Service in violation of United States export laws and regulations.
This Agreement is the complete and entire agreement between you and Own Your Hill and supersedes any prior agreement, whether written or oral. If for any reason any provision of this Agreement is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of Own Your Hill to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.
Last updated: March 21, 2018
Our Commitment to Privacy
Your privacy is as important to us as it is to you. We know you hate SPAM and so do we. That’s why we’ll never sell or share your information with anyone. We respect your rights and will do everything in our power to protect your information. In the interest of full disclosure we provide this notice explaining our online information collection practices. This privacy notice discloses the privacy practices for Own Your Hill and applies solely to information collected by this web site.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
In order for us to contact you, a user must first complete the contact form. When completing the form, a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
- OwnYourHill.com has a strict no-spam policy.
- OwnYourHill.com will never sell or trade your email address to a third party.
- OwnYourHill.com does not send unsolicited commercial email messages. OwnYourHill.com does send commercial email to those who have a pre-existing business relationship with us. A pre-existing business relationship means that the email recipient has made a purchase, requested information, responded to a survey or questionnaire, or had offline contact with OwnYourHill.com. Email recipients may contact us at any time to opt-out of future mailings.
- OwnYourHill.com does not engage in deceptive email practices such as misleading subject lines or falsifying email addresses.
- OwnYourHill.com does not encourage deceptive practices in email marketing to its clients.
Terms of Service
Description of the Service
OYH provides users with access to local online marketing services including inbound marketing consulting, content marketing, social media marketing, conversion optimization and search engine optimization. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service, including a computer and modem or other access device.
By accessing the Website, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please contact us by completing the form here. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to OYH.
OYH owns and retains all proprietary rights in the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of OYH, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, publish, transmit, distribute, perform, display, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”). You may not post, distribute, reproduce or create derivative works in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. As between You and OYH, You own all right, title and interest in your logos and trademarks, so long as they are not derived from OYH’s proprietary information. You agree to and hereby do grant OYH the limited, nonexclusive right and license to reproduce, distribute, display and use any of your content and intellectual property as necessary to perform its obligations under this Agreement. You also grant OYH a license to use your name and logo in OYH marketing materials and customer lists, including on the OYH website.
The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, if applicable, and are responsible for all activities that occur thereunder. OYH reserves the right to refuse service to anyone at any time without notice for any reason.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by OYH in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. OYH reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Blocking of IP Addresses
In order to protect the integrity of the Service, OYH reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Modifications to Service
OYH reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OYH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimers of Warranties
OYH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. OYH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. OYH DOES NOT MAKE ANY WARRANTY THAT ANY DEFECT IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OYH OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES, INCLUDING THE WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL OR DATA INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the service. In this regard, you acknowledge that you may not rely on any content created by OYH or submitted to OYH and all other parts of the Service.
Use of the Website and the Services may result in technical malfunction, delay, or other problems with other systems, programs, or computer hardware. OYH cannot and does not guarantee compatibility with other systems and hardware.
Certain content, products, and services available via the Service may include materials from third parties. In addition, OYH may provide links to certain third-party websites. You acknowledge and agree that OYH is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because OYH has no control over such sites and resources, you acknowledge and agree that OYH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that OYH is not in any way responsible for any such use by you.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will OYH be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OYH has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to you or other users of the Service; or (vi) any inaccurate or out-of-date content produced by the tools or published on the Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, OYH’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to OYH in the twelve (12) months prior to the claimed injury or damage.
Indemnity by You
You agree to indemnify and hold OYH, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of OYH’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
You agree to hold OYH’s Confidential Information in confidence during the term of this Agreement and for a period of four (4) years after termination of this Agreement. You agree that, unless required by law, you will not make OYH’s Confidential Information available in any form to any third party or use OYH’s Confidential Information for any purpose other than the implementation of this Agreement. If you are required by law to disclose OYH’s Confidential Information, you will provide OYH with reasonable notice of your intent to comply and provide all reasonable cooperation in assisting OYH to minimize the disclosure.
“Confidential Information” means any information disclosed by OYH to you under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered Confidential Information, regardless of whether they are marked as such: any software or documentation related to the Services, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential Information shall not include information that: (i) is or becomes generally available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from OYH or (iii) is lawfully disclosed to you by a third party without restriction on disclosure. In the event that you become aware of an unauthorized use or disclosure of any OYH Confidential Information, you will promptly inform OYH and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.
Term and Termination
This Agreement will remain in full force and effect while you use the Services. You may cancel your use of the Service at any time, for any reason by providing notice to OYH by completing the form at http://www.ownyourhill.com/contact. OYH may, at any time and for any reason, terminate this Agreement, your account or your use of the Services by sending notice to you at the email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing or on the fourth calendar day following the date of first-class mailing or deposit with a commercial courier service. In the event of termination, your account will be suspended and disabled and you may not be granted access to your account or any files or other content contained in your account. If OYH terminates your use of this Service because you have breached this Agreement, you will not be entitled to any refund of unused fees that you have paid to OYH. Sections of this Agreement relating to (1) your account, password and security, (2) disclaimer of warranties and limitation of liability, (3) indemnification, (4) confidentiality and proprietary information, and (5) jurisdiction and choice of law, shall survive such termination, as well as any other provisions, which by their nature may survive such termination.
Jurisdiction and Choice of Law
If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of the State of Mississippi, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Mississippi, in Jones County, for the resolution of any such dispute.
Social Media Promotions
Promotions on Social Media are in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or other Social Media platforms. You understand that you are providing your information to the owner of this website and not to Facebook, Instagram or other Social Media platforms.