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TERMS OF USE AND SUBSCRIPTION AGREEMENT

TERMS OF USE AND SUBSCRIPTION AGREEMENT - PRIVATE POLICY

Welcome to the thedailycitizen.com website. This website (collectively with the content provided through the website and any other services and pages that display or link to this notice, the “Site”) is owned and operated by Paxton Media Group LLC (“Paxton Media”). Please read these Terms of Use and Subscription Agreement carefully before accessing or using this Site.

These Terms were last updated on March 8, 2019.

1. Your Acceptance

IMPORTANT: This Terms of Use and Subscription Agreement (“Terms”) forms a legal agreement between Paxton Media and you (“you” or “You”), a user of the Site. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, AND/OR SUBSCRIBING TO AN ONLINE EDITION OF A NEWSPAPER, YOU ACKNOWLEDGE, AGREE TO AND ARE BOUND BY THESE TERMS, AND PAXTON MEDIA'S PRIVACY POLICY, WHICH IS SET FORTH IN SECTION 7 BELOW. IF YOU CHOOSE NOT TO AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE SITE.

WE MAY REVISE AND UPDATE THESE TERMS AT ANY TIME. PLEASE REVIEW THESE TERMS PERIODICALLY FOR ANY UPDATES OR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY UPDATES OR CHANGES TO THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU OBJECT TO ANY PROVISION OF THESE TERMS OR ANY SUBSEQUENT MODIFICATIONS TO THESE TERMS, YOUR ONLY RECOURSE IS TO IMMEDIATELY TERMINATE USE OF THIS SITE.

YOU ACKNOWLEDGE AND CONFIRM THAT (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS, CONDITIONS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH IN THESE TERMS, (B) YOU ARE 18 YEARS OF AGE OR OLDER AND LEGALLY ABLE TO ACCEPT AND BE BOUND BY THE TERMS HEREIN, (C) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF YOUR EMPLOYER OR ORGANIZATION (IF APPLICABLE), AND TO BIND THAT EMPLOYER OR ORGANIZATION TO THE AGREEMENT (IF APPLICABLE), AND (D) BY USING THE SITE YOU EXPRESSLY AGREE THAT THESE TERMS HAVE THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT.

THE SITE AND ALL CONTENT THEREIN ARE DESIGNED FOR INFORMATIONAL PURPOSES AND PERSONAL USE ONLY. PAXTON MEDIA DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF INFORMATION OR DATA THAT MAY BE MADE AVAILABLE THROUGH THE SITE. Any content that may be provided through the Site is not intended to be relied upon in situations where precise and accurate information is needed or where erroneous, inaccurate, or incomplete data may lead to death, personal injury, property or environmental damage.

2. Use of this Site

(a) Use. This Site is for your personal and noncommercial use. The Site and Content are made available to You solely for purposes of Your use of and access to the Site in accordance with these Terms, and You agree to use the Site in compliance with all applicable federal, state, and local laws, rules, and regulations.

(b) Ownership. This Site and all intellectual property, copyrighted material, trademarks, service marks, trade dress and other proprietary content therein, including but not limited to text, software, sound, photographs, information, data buttons, images, logos, video and graphics (the “Content”) are the sole and exclusive property of Paxton Media and its third party licensors, and subject to copyright and other intellectual property rights protections under United States and foreign laws and international conventions. Without limiting the foregoing, the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws. Except for the limited rights granted herein, neither these Terms nor your use of this Site transfers any license or any right, title or interest in the Site or the Content to you, and Paxton Media and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.

(c) Restrictions. Except as expressly permitted in these Terms, you may not use, modify, copy, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express permission of Paxton Media. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site, or remove, change or obscure any identification marks or notices of proprietary rights and restrictions on the Content or any elements of the Content.

(d) Site Interruptions; Site Content. This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

(e) Third Party Information. Certain materials on this Site may be furnished by third parties, including any advertisements. Certain product, service, or company designations for companies other than Paxton Media may be mentioned in the Site for identification purposes only. A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

3. Subscription Agreement

(a) Online Subscription. If you chose to subscribe or create an account to use the Site, during the subscription process, you will choose a user name and password and provide various other information. You are responsible for providing accurate registration information and for updating it as required. Paxton Media reserves the right to change or revoke your user name as it deems necessary. You are also responsible for maintaining the confidentiality of your password.

(b) Fees and Payments. You agree to pay the subscription fees (including any applicable taxes). If your subscription includes access to portions of this Site containing premium content, your access to such areas may be subject to additional fees, terms and conditions. Paxton Media 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. Paxton Media may change the fees and charges then in effect, or add new fees or charges, by sending a notice to your email address you submit during the subscription process. If you want to use a different credit card or there is a change in credit card validity or expiration date, please contact us at

(c) Renewal. Your subscription will renew automatically, unless Paxton Media terminates your subscription or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply) of your decision to terminate your subscription.

(d) Restrictions. You may occasionally distribute a copy of an article, or a portion of an article, from your subscription account 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.

(e) Changes to Subscriber Agreement. Paxton Media may change the terms applicable to your subscription at any time by notifying you of the change in writing or electronically. The changes also will appear in these Terms. Your continued use of Your subscription account shall constitute your acceptance of and agreement to be bound by such changes after you receive notice of such changes or such changes are made to these Terms.

4. User Conduct

By using this Site, including all Content and services available through it, you agree that you shall not:

(a) Delete, modify, hack or attempt to change or alter any of the Content on the Site;

(b) attempt to gain unauthorized access to the Site or its related systems or networks or use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;

(c) use any robot or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;

(d) post, submit or publish falsehoods or misrepresentations that could damage Paxton Media or any third party;

(e) submit material that is profane, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, infringing, indecentm, unlawful or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(f) use any Paxton Media newspaper names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(g) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

(h) upload files that contain viruses, Trojan horses, worms, time bombs, ransomware, corrupted files, or any other harmful computer code, files, scripts, agents or programs that may damage the operation of another's computer or property of another; or

(i) provide false information on your registration form or in any subscription, or impersonate someone else.

Paxton Media has no obligation to monitor any comments sections, bulletin board services, chat areas, blogs or other forums on this Site. However, Paxton Media reserves the right to review materials posted to these common areas and to remove any materials in its sole discretion.

5. Permissible Use

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

(a) The Content is used solely for personal, informational, or internal business purposes and otherwise in accordance with these Terms;

(b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

(c) all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;

(d) the Content is not modified or altered in any way; and

(e) no graphics are used separately from accompanying text.

You may also link or hyperlink to this Site from any Acceptable Site (as defined below), but only if:

(a) you do not frame this Site or any portion of this Site;

(b) the hyperlink to this Site is not used in a way that suggests that Paxton Media endorses you or your website;

(c) the link to this Site is not used or presented in any way that disparages Paxton Media or tarnishes, blurs or dilutes the quality of Paxton Media’s names or trademarks or any associated goodwill; and

(d) the link to this Site is not displayed on any web page that displays objectionable content or links.

An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

6. Termination/Modifications To Site

Paxton Media reserves the right to modify or terminate your access to this Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Your rights under these Terms will terminate automatically without notice from Paxton Media if you fail to comply with any term(s) of these Terms. Upon termination, you shall immediately cease all use of the Site, and destroy all copies, full or partial, of the Content. Sections 1, 2(b) and (c), 3(b) and (d), 5, this Section 6, and 7-18 of these Terms shall survive any termination. Paxton Media may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Paxton Media will not be liable to you or any third party in the event that Paxton Media exercises its right to modify or terminate access to this Site or portions of the Site.

7. Privacy Policy

Paxton Media will treat any information it collects or receives from you through the Site in accordance with the Paxton Media’s online Privacy Policy which is incorporated by reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

8. Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Paxton Media has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Paxton Media will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at DMCAagent@paxtonmedia.com or mail a written request to 201 South 4th Street, Paducah, KY 42003. When notifying Paxton Media of the alleged copyright infringement, please include all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

(b) identification of the copyrighted work alleged to have been infringed;

(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;

(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If material is believed in good faith by Paxton Media to infringe a copyright or otherwise violate any intellectual property rights, Paxton Media will remove or disable access to any such material.

9. Other Sites, Content, Products and Services

This Site may provide links to websites and access to content, products and services of third parties, including without limitation, Paxton Media’s advertisers and strategic partners and other entities not owned or controlled by Paxton Media (“Linked Sites”). Information and views contained on Linked Sites are not those of Paxton Media, and You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Paxton Media does not author, endorse, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site or a Linked Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with advertisers other than Paxton Media found on or through this Site.

10. Typographical Errors

Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Paxton Media therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

11. Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PAXTON MEDIA AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, IN CONNECTION WITH THE SITE AND CONTENT AND YOUR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. PAXTON MEDIA AND ITS AFFILIATES MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE, CONTENT, AND ANY OTHER INFORMATION OR SERVICES RELATED TO THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;; (B) THE QUALITY OF THE SITE OR ANY SUBSCRIPTION, CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (C) THAT THE SITE OR ANY CONTENCT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PAXTON MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PAXTON MEDIA’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

NEITHER PAXTON MEDIA NOR ANY OF ITS SUPPLIERS OR AFFILIATES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND PAXTON MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. Limitation of Liability

IN NO EVENT SHALL PAXTON MEDIA, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ENHANCED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (A) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY TRANSMISSION TO OR FROM OUR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAXTON MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (G) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR PRIVACY POLICY EVEN IF PAXTON MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS OF USE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND PAXTON MEDIA, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOUR USE OF THE SITE OR $100.00, WHICHEVER IS LESS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

The Site is controlled and offered by Paxton Media from its facilities in the United States of America. Paxton Media makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity

You agree to indemnify, defend and hold Paxton Media, its shareholders, directors, officers, co-branders, subsidiaries, parents, affiliates, and their employees and agents, harmless from and against any and all claims, demands, liabilities, actions, dispute, damages, costs, expenses (including but not limited to attorney's fees and all reasonable expenses), or losses arising out of or in any way related to (a) your use of and/or access to this Site, any Content or any services made available through or on the (including any use by your employees), (b) your violation of these Terms, (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or (d) any content, data or information uploaded, submitted or otherwise provided under your account to or through the Site, including your personal information. This defense and indemnification obligation will survive the termination of your subscription under these Terms and your use of the Site.

14. Limitation on Actions Brought Against Paxton Media

You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Paxton Media to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

15. Dispute Resolution

You agree that: (a) the Site shall be deemed solely based in Tennessee; and (b) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Paxton Media, either specific or general, in jurisdictions other than Tennessee. These Terms shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and Paxton Media that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Tennessee, provided, that you hereby agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate intellectual property rights, Paxton Media may seek injunctive or other appropriate relief in a court of competent jurisdiction. The arbitration shall be conducted before three neutral arbitrators in Searcy Arkansas, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 15 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Arkansas.

16. Acknowledgement

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

17. General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Paxton Media's failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Policy as posted from time to time by Paxton Media on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

18. Contact Information

If you have any questions about these Terms, Your subscription, or Your dealings with this Site, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address.

THE DAILY CITIZEN

723 W. Beebe-Capps Expressway

Searcy, AR 72143

(501) 268-8621

PRIVACY POLICY

Last updated: March 8, 2019

Paxton Media Group LLC (“Paxton Media,” “we,” or “us”) operates the thedailycitizen.com website and any other services and pages that display or link to this notice (collectively, the “Site”).

This page informs you of our policies regarding the collection, use and disclosure of personal information when you use our Site. This Privacy Policy is part of and subject to our [Terms of Use and Subscription Agreement which together govern Paxton Media’s relationship with you in relation to the Site. If you do not agree with any portion of this Privacy Policy, you should not use the Site.

This Privacy Policy has been created in order to demonstrate and inform you of our firm commitment to privacy and to outline how we deal with any personal data you provide while visiting or using Sites or otherwise interacting with us via the Sites. We will not use or share your information with anyone except as described in this Privacy Policy.

Please read this Privacy Policy carefully. By using the Site, you agree to the collection and use of information in accordance with this policy. This Privacy Policy applies only to information collected through the Site and not to information collected offline. This Privacy Policy does not apply to the practices of companies that Paxton Media does not own or control, or to individuals whom Paxton Media does not employ or manage, including any of the third parties to which Paxton Media may disclose user information to the extent set forth in this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use and Subscription Agreement.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MUST NOT USE THE SITE OR DISCLOSE ANY INFORMATION THROUGH THE SITE.

I. INFORMATION COLLECTION AND USE

A. Personal information

Collection

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personal Information may include, but is not limited to, your email address, name, phone number, postal address, credit card information, and other personal information. Sometimes this Personal Information is needed and collected when you register for participation in certain features of the Site, subscribe to our email communications, comment on blogs, or when you contact us.

Use of Personal Information

We collect this information for the purpose of providing and administering the Site, subscription and account registration and maintenance, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services. In addition, we may from time to time contract with third parties to assist us in collecting, maintaining and managing our customer information, taking and fulfilling orders, processing credit card information, conducting promotions, communicating effectively with our customers, and providing analytics regarding your interactions with our Site and other third-party websites so that we may improve the products and services we offer you. This Privacy Policy does not apply to the practices of companies that Paxton Media does not own or control, or to individuals whom Paxton Media does not employ or manage, including any of the third parties to which Paxton Media may disclose user information to the extent set forth in this Privacy Policy.

Social Media Platforms

You may also choose to provide Personal Information through social media platforms such as Facebook, Twitter, or Instagram (“Social Media Platforms”), when you communicate with us or other participants on the Social Media Platforms, post suggestions or comments for us, or enter a sweepstakes or contest through the Social Media Platforms. Please note that this Privacy Policy does not cover the privacy and security practices of the Social Media Platforms on which Paxton Media has pages, including without limitation Facebook, Twitter, and LinkedIn. Please carefully review the privacy policies and terms of service on such Social Media Platforms before using, visiting, or interacting with others on such Social Media Platforms. Please remember that any information you share on our pages or in general on Social Media Platforms becomes public information, and you should exercise caution when deciding whether to disclose your personal information in such a manner. In addition, when you interact with the Site through Social Media Platforms or third-party social media applications, sharing products or content through Social Media Platforms by sharing or liking such products or content, our third-party providers may combine information concerning such activities with other information about you such as your user name, gender, referring website, geographic location, and other information obtained through other third-party websites you visit as well as your public profile(s) on such Social Media Platforms. Such information will also become part of your profile or account as maintained by Paxton Media.

B. Anonymous Data

Collection

We may also collect information that your browser sends whenever you visit our Site or when you access the Site by or through a mobile device and that data that does not contain information that identifies an individual (“Anonymous Data”).

This Anonymous Data may can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. Anonymous Data may include information such as your computer's Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. If you choose to access, visit, and/or use any of our pages on Social Media Platforms, we may receive aggregate information and analysis about visitors’ usage of our pages on such Social Media Platforms.

When you access the Site by or through a mobile device, this Anonymous Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Site's functionality. These third party service providers have their own privacy policies addressing how they use such information.

Please see the sections regarding Location Information and Cookies below regarding the use of your location information and your options.

Location Information

We may use and store information about your location depending on the permissions you have set on your device. We use this information to provide features of our Site, to improve and customize our Site. You can enable or disable location services when you use our Site at any time, through your mobile device settings.

Cookies

As is the case with many websites and web-based applications, the Site uses a technology called “cookies,” which are files with a small amount of data and may include an anonymous unique identifier. The use of cookies is standard on the Internet, and allows us to tailor your visits to the Site to your individual preferences. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The “Help” feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Site.

Do Not Track

Some browsers have a “do not track” feature that lets you indicate that you do not wish to have your online activities tracked. These features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser or block or delete tracking cookies, Paxton Media and its third-party providers may continue collecting information about your online activities as described in this Privacy Policy.

Use of Anonymous Data

Anonymous Data is used internally for administration of the Site, troubleshooting, and to help improve the quality of Site and their design. We also use non-personally identifiable information to help analyze trends and statistics, protect the security and integrity of the Site, evaluate our online marketing campaigns, tailor our promotions or other offers to you, and provide location-based services. We may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective business partners and advertisers. We also may use cookies to collect product and purchase information over time from the pages you access or visit. This information may be combined with Personal Information from our records and other sources. Such information about your use of the Site will become part of your profile as maintained by Paxton Media.

C. Behavioral Remarketing

Paxton Media uses remarketing services to advertise on our Site and third party web sites to you after you visited our Site. We, and our third party vendors, use cookies and other Anonymous Data to inform, optimize and serve ads based on your past visits to our Site in order to provide advertisements about goods and services of interest to you. These targeted advertisements to you may appear on our Site or on other websites that you visit. Please click here to learn more about your choices regarding targeted and behavioral advertising: http://www.networkadvertising.org/ or http://www.aboutads.info/. To opt out, please click here http://www.networkadvertising.org/managing/opt_out.asp or http://www.aboutads.info/choices/. In all cases, however, we will only use your information as permitted by law.

Without limiting the foregoing, we use Facebook for remarketing services.

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page:

https://www.facebook.com/help/164968693837950

To opt-out from Facebook's interest-based ads follow these instructions from Facebook:

https://www.facebook.com/about/ads/#568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

II. SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Site, to provide the Site on our behalf, to perform Site-related services and/or to assist us in analyzing how our Site is used. These third parties may access your Personal Information only to perform specific tasks on our behalf and subject to obligations that prohibit the disclosure or use of your information for any other purpose.

III. COMMUNICATIONS

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us at any time by following the unsubscribe link or instructions provided in any email we send, or contacting us at the email address provided below, indicating that you no longer want to receive information relating to Site.

IV. SECURITY

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you. Please do not use email or Social Media Platforms to communicate information to us that you consider confidential.

V. SPECIAL NOTE TO INTERNATIONAL USERS.

Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

If you are a user accessing the Site from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by Tennessee law, this Privacy Policy, and our Terms of Use and Subscription Agreement, you expressly consent to be governed by Tennessee law in order to use the Site and for the purposes outlined above.

VI. SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under the California Civil Code, residents of the State of California that have provided any Personal Information to Paxton Media have the right to request a list of all third parties to which Paxton Media has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if Paxton Media has a privacy policy that gives either an opt-out or opt-in choice for use of Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, Paxton Media may instead provide you with information on how to exercise your disclosure choice options free of charge. Paxton Media qualifies for the alternative option and has adopted a policy of not disclosing the personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option that prevents that information from being disclosed to third parties for those purposes. It has established this Privacy Policy that provides you with details on how you may either opt-out of the use of your Personal Information by third parties for direct marketing purposes. If you are a California resident and would like to request information about how to exercise your third party disclosure choices, please send a request to editor@thedailycitizen.com with a preference on how our response to your request should be sent.

VII. LINKS TO OTHER SITES

Our Site may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. Such websites are not investigated, monitored or checked for quality, accuracy or completeness by us. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by us, or of any of the content, opinions, products or services provided on these websites. We strongly advise you to review the privacy policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

VIII. CHILDREN'S PRIVACY

Protecting the privacy of children is very important to us. The Children’s Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. Paxton Media strictly adheres to COPPA. For that reason, we do not collect or maintain information obtained through the Site from those we actually know are under 13, and no part of the Site is structured to attract anyone under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

IX. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of March 8, 2019 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Site after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, OR ANY SUBSEQUENT MODIFICATIONS TO THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SIE OR DISCLOSE ANY PERSONAL INFORMATION THROUGH THE SITE.

X. CONTACT US

We welcome your questions, comments and all feedback pertaining to your privacy or any other issue with regard to Site. You may contact us at (501) 268-8621.

Thank you for visiting this Site.