ADIRONDACKEXPRESS.COM

TERMS OF SERVICE

THIS AGREEMENT WAS LAST UPDATED ON 05/03/2010

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This Agreement governs your use of The Adirondack Express Online and, unless other terms and conditions expressly govern, any other electronic services from Wm. J. Kline & Son, Inc., that may be made available from time to time (each, a "Service").

General

The Adirondack Express web service (the "Service") is owned and operated by Adirondack Express and contains material which is derived in whole or in part from Adirondack Express and other sources. The Service and its contents are protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Service, including code and software. You may download material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by Adirondack Express. However, you may not, without the prior written permission of Adirondack Express, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of Adirondack Express, its parent or affiliate companies or its licensors.

As part of our Service, Adirondack Express agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use our service in accordance with these Terms. Because the Web is an evolving medium, we may need to change these Terms of Service from time to time, in which case we will post the revised Terms of Service on the website. By continuing to use Adirondack Express after we post any such changes, you accept the Terms of Service, as modified.

License to Adirondack Express

When you post a message, upload a file, or otherwise provide us with material for display on the website, you are granting Adirondack Express a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Privacy

Unless the user informs us otherwise, Adirondack Express reserves the right to use and to disclose to third party vendors user information (e.g., user name and e-mail address) for purposes such as providing users with information about products and services. If the user does not wish to be included in such uses, the user must send an e-mail or a letter requesting to be taken off any lists of information that may be used for these purposes or given or sold to third party vendors. In addition, please keep in mind that whenever you voluntarily disclose personal information online, for example on message boards, through email, or in chat areas, that information can be collected and used by others. We use "cookies" in a limited way to help deliver advertisements and to identify unique browsers that visit us and to track usage throughout our site. Some of our business affiliates and advertisers use "cookies," which can be used to tell when your computer has contacted a Web site. Because we do not control the privacy policies of our business affiliates, advertisers or any other sites to which we may provide hyperlinks, you should check the privacy policy of the site you are visiting if you have any concerns about that site's use of cookies.

Children's Privacy Statement for Adirondack Express

This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.

We do NOT knowingly collect personally identifiable information from children under the age of thirteen. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen.

Because we do not collect any personally identifiable information from children under the age of thirteen, we also do NOT knowingly distribute such information to third parties.

We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.

We do NOT condition a child's participation in online activities on providing more personally identifiable information than is needed to participate in the activity.

Questions on Privacy

If you have any questions about the children's privacy statement, the practices of Adirondack Express, or your dealings with Adirondack Express, you can contact: support@adirondackexpress.com.

Disclaimers

This Service includes links and pointers to Internet sites, content and services provided by third parties. Neither Adirondack Express, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through Adirondack Express or on a website linked to by Adirondack Express. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Adirondack Express disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Adirondack Express does not warrant that this website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. Adirondack Express does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Adirondack Express) assume the entire cost of all necessary maintenance, repair or correction. The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed by at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Online Commerce

In addition, Adirondack Express may allow you to purchase many different types of products and services online that are provided by third parties. Adirondack Express is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant hosted by Adirondack Express or linked to by Adirondack Express, the information obtained during your visit to that merchant's online store, and the information that you give, such as your credit card number and contact information, is collected by the merchant and not by Adirondack Express. These merchants may have separate privacy and data collection practices. Adirondack Express has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant website directly. You release Adirondack Express and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Adirondack Express.

Use of Company Directories

The information contained in the Company Directories is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will Adirondack Express or its suppliers be liable in any way with regard to such Information.

Interactive Features

The Service may include a variety of features, such as bulletin boards, chat rooms, and email services which allow feedback to Adirondack Express and real-time interaction between users. Adirondack Express does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the Service that you do not:

Restrict or inhibit any other user from using and enjoying the Service.
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post or transmit any information, software or other material which contains a virus or other harmful component.
Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
You understand that Adirondack Express has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, Adirondack Express reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Adirondack Express's sole discretion are objectionable or in violation of these Terms of Service.

Registration

To use certain features of the Service, you must register with Adirondack Express on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Adirondack Express has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Service, you may need a username and password, which you will establish through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Adirondack Express cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. Limitation of Liability Under no circumstances, including, but not limited to, negligence, shall Adirondack Express, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Adirondack Express materials, products or services, or third party materials, products or services made available through Adirondack Express. You specifically acknowledge and agree that Adirondack Express is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Adirondack Express materials, products or services or with any Adirondack Express terms and conditions, your sole and exclusive remedy is to discontinue using Adirondack Express.

Fees and Payments

You can always find the current subscription fees for a Service in the “Edit Account” section. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must contact support@adirondackexpress.com

You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

If you are authorized to access a Service through arrangements between your employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.

Renewal

Your subscription will renew automatically, unless we terminate it or you notify us by telephone or email of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Termination

Adirondack Express may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Limitations on Use

Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.

The content available through the Services is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through the Services for your personal, non-commercial use only.

You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone, including your fellow employees, with the exception:

You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from Adirondack Express Online."

You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from the Services to newsgroups, mail lists or electronic bulletin boards, without our written consent.

Changes to This Agreement

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time by going to the “Terms of Use” section of the Service. You signify that you agree to be bound by such changes by using the Service after changes are made to this Agreement.

Other

This agreement constitutes the entire agreement between Adirondack Express and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Associated Press text, photos, graphics, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither Associated Press materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or any damages arising from any of the foregoing.