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Copyright © 2010 All Rights Reserved,
Engagency, LLC
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Please read the terms and conditions of use carefully before using this site.
These Terms of Service (“Terms”) govern your access to and use of the services and the WhatsUpChattanooga.com website (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
We reserve the right, at our discretion, to change, modify, add, or remove portions of the terms at any time. Alterations of the site in no way affect the terms themselves. Please check the terms periodically for changes. Your continued use of the site following the posting of changes to the terms will mean you accept those changes.
This site is owned and operated by Engagency, LLC (hereinafter "ENGAGENCY", "we", "us", or "our"). No material from WhatsUpChattanooga.com or any web site owned, operated, licensed, or controlled by ENGAGENCY may be copied, reproduced, republished, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial use only. By doing so, you agree to keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ENGAGENCY's intellectual property rights. For purposes of these terms, the use of any such material on any other web site or electronic network medium is prohibited. All trademarks, service marks, and trade names are property of Engagency, LLC.
You expressly recognize and agree that ENGAGENCY's trademarks are the sole property of ENGAGENCY or its subsidiaries and affiliates. You do not have any right, title or interest in such or any use thereof, including but not limited to the reproduction of any such trademarks. You agree that all the trademarks have great value and good will and, in the event of a breach of this section, injury to ENGAGENCY would be irreparable and, therefore, injunctive relief to protect ENGAGENCY's interests would be appropriate (without limitation as to other damages which might be allowed by law).
Any information that you provide to WhatsUpChattanooga.com is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements. These communications are considered part of the Services and your WhatsUpChattanooga.com account, which you may not be able to opt-out from receiving.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. Under no circumstances will ENGAGENCY be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a r esult of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services.
If you choose to receive communications via SMS, standard SMS text messaging fees apply. Please contact your mobile carrier for information on SMS Text messaging plans and pricing.
In the event you change or deactivate your mobile telephone number, you will update your account information on WhatsUpChattanooga.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
This site is provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, ENGAGENCY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no way does ENGAGENCY warrant the site or its operation will be error-free or uninterrupted. In no way does ENGAGENCY warrant that defects will be corrected, or that the site is free from viruses and the like. In no way does ENGAGENCY warrant use of the site in terms of accuracy, reliability, or otherwise. You assume the entire cost of all necessary repairs. Furthermore, ENGAGENCY expressly disclaims any responsibility for the accuracy or reliability of sites that link to or from WhatsUpChattanooga.com that are not produced by ENGAGENCY. In no way does ENGAGENCY warrant the security of transmission of information you may be requested to provide such sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Under no circumstances shall ENGAGENCY be liable for any special or consequential damages that may occur during the use of, or the inability to use, this site, even if ENGAGENCY or an agent of ENGAGENCY has been advised of the possibility of such damages. Local jurisdictions may prohibit the limitation of certain types of liability, therefore this section may not apply to you. In any event, ENGAGENCY's total tort or contract liability to you for all damages, losses, and causes of action will not exceed the amount paid by you for accessing this site.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. ENGAGENCY cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of ENGAGENCY.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting WhatsUpChattanooga.com and its Advertisers . This agreement shall be governed by and interpreted in accordance with the laws of the State of Tennessee. Exclusive jurisdiction and venue for any legal proceedings related to this agreement shall be in the District Court for Hamilton County, Tennessee or in the United States Federal Court for the State of Tennessee. You hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
WhatsUpChattanooga.com, a service of Engagency, LLC, is committed to protecting the personal privacy of visitors and guests using its Internet sites.
This Privacy Policy describes ENGAGENCY's policies and procedures on the collection, use and disclosure of your information. When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.ENGAGENCY's privacy policy aims to accomplish three basic goals:
Contacting Us
If you have questions about this privacy policy or the practices of this site, please contact:
Engagency, LLC
PO BOX 992
Hixson, TN 37343
You can send email to connect@whatsupchattanooga.com
This privacy policy applies to ENGAGENCY owned and operated sites.
Personally identifiable information is information or other data that may specifically identify an individual user.
Traffic Data shall not be considered personally identifiable information or Personal Information. Traffic Data is information on a user's patterns of access and usage of the sites. We automatically track and collect the following information when you visit our Site, including your: (i) IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser. Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use "cookies" to as a method to gain dependable and consistent Traffic Data. "Cookies" are anonymous and do not personally identify you.
Registration
In order to access certain other functionality, WhatsUpChattanooga.com may request the user provide personally identifiable information. Personal Information may include: (i) Contact Data (such as your name, mailing and e-mail addresses, mobile phone number and provider); and (ii) Demographic Data (such as your state, city, zip code, and age). If you communicate with us by e-mail or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information.
At no time is the user under any obligation to provide Personal Information. If the user does not wish to access such functionality, the user should not transmit the personally identifiable information.
During the registration process WhatsUpChattanooga.com shall require the user to complete certain data fields. Some fields may be optional. WhatsUpChattanooga.com shall request contact information and shall utilize such information in the following manner:
If you indicate to us that you do not want to receive certain types of communications at the time of registration, we will respect your wishes, and comply with your preferences. If you already are a registered user and would like to review or change the choices you have made, you may email us at connect@whatsupchattanooga.com for assistance.
Children/Family Filter
WhatsUpChattanooga.com a service of ENGAGENCY is concerned about protecting the safety of the children who use our site. The ENGAGENCY sites - sites directed to a broad, general audience - comply with the terms of the Children's Online Privacy Protection Act. As such, we will not knowingly collect personally identifiable information on users under the age of 13, without the consent of a parent to do so. Parents have the ability to control what, if any, Personal Information about their child may be disclosed to third parties, by regulating the actions and behavior of their children using the internet.
Contests, Etc.
From time to time, we may run contests on our site in which we ask participants for contact information, such as their e-mail address(es). If you participate in contests, your contact information will be used primarily to reach you in connection with the contests. We may also use the collected contact information to send you information about the Giveaway Sponsor, our services, as well as offers tailored to your interests by our corporate partners, if you have opted to receive these communications. You may choose to opt-out of receiving such mailings at the time of registration for the contest, or afterwards, by emailing us at connect@whatsupchattanooga.com.
Traffic Data
When you use our site, we collect Traffic Data, even if you have not registered with WhatsUpChattanooga.com. We use this information to personalize your experience at all the sites that ENGAGENCY operates and generally to improve our services. We share this Traffic Data with selected corporate partners.
Cookies - How They Are Used
A "cookie" is a small piece of data that is sent to your browser from a web server and stored on your computer's hard drive. Cookies do not damage your system or impair its functioning in any way. We use cookies to help us provide customizable services and to allow you to sign-in to our site. Cookies may also be used by ENGAGENCY corporate partners on co-branded Web pages, as explained below in "third party relationships," so please be aware of this as you visit these Web pages.
You can choose whether to accept cookies by changing the settings of your browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our site and other Web sites may be diminished and some features will not work as intended.
Use of IP Addresses
An Internet protocol (IP) address is a set of numbers that is automatically assigned to your computer whenever you log on to your internet service provider or through your company's local area network (LAN) or wide area network (WAN). Web servers - the powerful computers that provide web pages for viewing - automatically identify your computer by the IP address assigned to it during your session online.
ENGAGENCY may collect IP addresses for purposes of system administration, to report user Traffic Data to our corporate partners (as explained above), and to audit the use of our site. We do not ordinarily link a user's IP address to the Personal Information of that user, which means each user's session will be logged, but the user remains anonymous to us. However, we can and will use IP addresses to identify users of our site when we feel it is necessary to enforce compliance with our site's Terms and Conditions of Use or terms of service, or to protect our service, site, or other users.
PLEASE NOTE: Under certain circumstances, IP addresses and/or domain names may be linked to personally identifiable information, when said information is stored in databases managed by Internet registrars or registries such as Network Solutions.
Sharing Personally Identifiable Information with Third Parties
In order to optimize and improve the online experience for our guests, we may share your Personal Information with carefully selected companies with whom we have relationships. However, we will not share your personally identifiable information unless you have given us your consent to do so, as in our registration forms. If you have previously opted-in, but now wish to remove yourself from these mailing lists, you may send email directly to us by emailing connect@whatsupchattanooga.com. We will modify your preferences accordingly. Our partners who receive information from us have the right to use the data we provide them (sometimes, in connection with other information they may have gathered about you).
PLEASE NOTE: In certain special cases, we may disclose your personally identifiable information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to you, or otherwise injuring or interfering with ENGAGENCY's rights, property or operations, other WhatsUpChattanooga.com site users, or anyone else who could be harmed by such activities. We may also disclose your personally identifiable information when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case, administrative investigation or investigation conducted by ENGAGENCY. We shall have no obligation to inform you of our compliance with the law, including without limitation a response to a law enforcement request or a valid subpoena.
If you are a registered user of our Services, we provide you with tools to access or modify the personal information you provided to us and associated with your account.
ENGAGENCY operates secure data networks protected by industry standard firewall and password protection. ENGAGENCY has security measures in place to attempt to protect against the loss, misuse and alteration of your user data under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every reasonable effort to prevent such unfortunate occurrences.
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