The RattleCat Terms of Services

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"The RattleCat" is owned by "Hometown Connection, LLC" and is registered to do business in the state of Arkansas. Any complaints or inquiries need sent to PO Box 441, Booneville, AR 72927.
The staff at The RattleCat is on a mission to provide community news and information to the residents of South Logan County and to anyone else who is interested in our small part of the world. We hope you love our newsletter, website, and services as much as we enjoy creating them.
These "Terms of Services" describe our commitments to our readers, and yours rights and responsibilities while using our services.
This website "www.therattlecat.com" and related services are designed to educate and entertain, and we encourage you to take full advantage of the opportunity to submit stories and comment on other's stories. However, be responsible in what you write, and please be respectful. Any spam, slander, or hate content will be removed and you will be barred from using our site.

Terms of Service

Please read this Agreement carefully before accessing or using our website. By accessing or using any part of "The RattleCat" you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access "The RattleCat" website or use any of our online services. The website is not intended for individuals who are younger than 13 years old.


Your Subscription

When paying for a newsletter subscription a subscriber will receive 8 printed issues for $15, delivered by USPS. The cost of the subscription pays for printing and postage. There is not a subscription fee to view our website or to read our stories. The information we collect will only be used to deliver your newsletter to your mailing address, and update you on the status of your subscription, send special notices, or other communications that we deem necessary in the daily operations of "The RattleCat." As a subscriber you may cancel your "RattleCat" subscription at any time for a prorated refund.


Business Directory Subscription

When paying for a business directory subscription a subscriber will receive a page on our website "www.therattlcat.com" to display images and information describing your business and your services. This website presence will be charged an annual fee of $48 or $4 a month. As a subscriber to the "Business Directory" you will receive a user and passcode that is unique to you. Please do not share your website access with any other person. Your user and passcode will provide you access to the information for your directory page so that you may update your information at any time. Should you need the staff at "The RattleCat" to update your information for you, a moderated "Business Directory Subscription" is a $144 annual fee or $12 a month. As a subscriber you may cancel your "Business Directory" subscription at any time for a prorated refund. At the time that you cancel, your page in the directory will be removed from public view.


Responsibility of Contributors

If you submit a story to "The RattleCat" or comment on a story, or share any information with "The RattleCat" you are responsible for the content of, or any harm resulting from, that submission. That is the case regardless of whether the submitted content in question constitutes text, graphics, or video file. By submitting content you represent and warrant that:

• The downloading of, copying and use of any content on therattlecat.com Website or Services will not infringe on the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party.

• If your employer has rights to intellectual property that you create and post, that you have either (1) received permission from your employer to post on therattlecat.com Website or Services or make available any content, or (2) secured from your employer a waiver as to all rights of that content.

• You have fully complied with any third-party licenses relating to your created and shared content, and have done all things necessary to successfully pass through to end users any required terms.

• That the content you create and post does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content.

• That the content you create and post is not spam, is not machine or bot generated, and does not contain unethical or unwanted commercial content designed to drive traffic to a third party site or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).

• That the content you create and post is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

• That the content you create and post is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs, and websites, and similar unsolicited promotional methods.

• That the content you create and post is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your story or comment's URL or name is not the name of a person other than yourself or company other than that which you own.

Without limiting any of those representations or warranties, "Hometown Connection, LLC" and "The RattleCat" has the right to (1) refuse or remove any content that, in "The RattleCat's" reasonable opinion, violates any "Hometown Connection, LLC" policy or is in any way harmful or objectionable, or (2) terminate or deny access to and use of therattlecat.com Website or Services to any individual or entity for any reason, in "Hometown Connection, LLC's" sole discretion.


Your Responsibility as a Website Visitor

"Hometown Connection, LLC" has not reviewed, and cannot review, all of the material posted to "The RattleCat" Website or Services, and cannot therefore be responsible for that material's content, use or effects. By operating therattlecat.com Website or Services, "Hometown Connection, LLC" does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You, as a user of therattlecat.com Website or Services are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. therattlecat.com Website or Services may contain content that is offensive, indecent, or otherwise personally objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. therattlecat.com Website or Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property or other proprietary rights, of third parties, or the downloading, coping, or use of which is subject to additional terms and conditions, stated or unstated. "Hometown Connection, LLC" disclaims any responsibility for any harm resulting from the use by visitors of therattlecat.com Website or Services, or from any downloading, or copying, by those visitors of content there posted.


Shared Content on Other Websites

"Hometown Connection, LLC" nor "The RattleCat" has not reviewed, nor cannot review, all of the material, including external links, made available through therattlecat.com Website or Services to which "The RattleCat" links or that link to "The RattleCat." "Hometown Connection, LLC" does not have any control over any website or webpage outside of therattlecat.com Website, and is not responsible for their content or their use. By clicking on a link to a non-therattlecat.com webite or webpage, "Hometown Connection, LLC" does not respresent or imply that it endorses such website or webpage. You, as a user, are responsible for taking precautions as necessary to protect yourself, your network, your smart devices, and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. "Hometown Connection, LLC" disclaims any responsibility for any harm resulting from your use of non-therattlecat.com websites and webpages.


Copyright Infringement and DCMA Policy

As "Hometown Connection, LLC" and "The RattleCat" asks others to respect its intellectual property rights, it respects the intellectual propert rights of others. If you believe that material located on or linked to by therattlecat.com Website or Services violates your copyright, you are encouraged to notify "Hometown Connection, LLC" in accordance with DMCA Notice and Takedown Process."Hometown Connection, LLC" and "The RattleCat" will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of "Hometown Connection, LLC" or "The RattleCat" or others, "Hometown Connection, LLC" may, in its discretion, terminate or deny access to and use of therattlecat.com Website and Services. In the case of such termination, "Hometown Connection, LLC" or "The RattleCat" will have no obligation to provide a refund of any amounts previously paid to "Hometown Connection, LLC" or "The RattleCat".


Corrections, Suggestions, and Complaints

"The RattleCat" welcomes comments and suggestions, as well as commplaints about errors, on therattlecat.com Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted through this form or by mailing The RattleCat, PO Box 441, Booneville, AR 72927. Please click here to fill out the online form. Readers dissatisfied with a response may reach us via email at info [at] therattlecat (dot) com. "Hometown Connection, LLC", "The RattleCat" as well as its affiliated companies, welcome comments and suggestions on, as well as complaints about errors in "The RattleCat Newsletter"or therattlecat.com Website.


Intellectual Property

This Agreement does not transfer from "Hometown Connection, LLC" or "The RattleCat" to you any "Hometown Connection, LLC" or "The RattleCat" or third party intellectual property, and all rights, titles, and interest in and to such property will remain (as between the parties) solely with "Hometown Connection, LLC", "The RattleCat", therattlecat.com Website, or other Services owned and operated by "Hometown Connection, LLC". All logos, trademarks, or other branding, service marks, or graphics used in connection with therattlecat.com Website or Services are trademarks of "Hometown Connection, LLC" and "The RattleCat". Other trademarks, service marks, graphics, and logos used in connection with therattlecat.com Webite or Services may be the trademarks of other third parties. Your use of therattlecat.com Website or Services grants you no right or license to reproduce or otherwise use any "Hometown Connection, LLC" or "The RattleCat" or other third-party trademarks. You hereby grant "Hometown Connection, LLC" and "The RattleCat" an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (1) use, copy, publish, stream, store, retain, publicy perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works, and distribute (through mutiple tiers), any Content you post on or in connection with therattlecat.com Website or any Services of "Hometown Connection, LLC" or the promotion thereof and (2) to use your name, likeness, and image for any purpose, including commercial or advertising, each of (1) and (2) on or in connection with "Hometown Connection, LLC" or any of its subsidiaries for the promotion thereof.


Changes

"Hometown Connection, LLC" and "The RattleCat" reserve the right, at its sole disccretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. "Hometown Connection, LLC" and "The RattleCat" may also, in the future, offer new services and/or features through therattlecat.com Website or Services including, the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of the Agreement.


Termination

"Hometown Connection, LLC" and/or "The RattleCat" may terminate your access to all or any part of therattlecat.com Website or Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using therattlecat.com Webite or Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Disclaimer of Warranties

therattlecat.com Website is provided "as is" - "Hometown Connection, LLC", "The RattleCat", and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of mechantability, fitness for a particular purpose and non-infringement. Neither "Hometown Connection, LLC", "The RattleCat", nor its suppliers or licensors, makes any warranty that therattlecat.com Website or Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. As a user, you understand that if you download content from, copy or otherwise obtain content from therattlecat.com Website or Services, you do so at your own risk and discretion. Should you be unable to resist copying, downloading, or otherwise 'borrowing' any content found on therattlecat.com Website or Services, please please be a decent human and give credit where credit is due. It's the right thing to do.


Limitation of Liability

In no event will "Hometown Connection, LLC", "The RattleCat", or its suppliers or licensorss, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (1) any special, incidental, or consequential damages: (2) the cost of procurement or substitute products or services; (3) for interruption of use or loss or corruption of data: (4) for any amounts that exceed the fees paid by you to "Hometown Connection, LLC" and/or "The RattleCat" under this agreement during the twelve (12) month period prior to the cause of action. "Hometown Connection, LLC" nor "The RattleCat" shall have no liability for any failure or delay due to matters beyond our reasonable control, including third-party equipment failures, and Acts of God like flash floods, earthquakes, or other natural disasters. The foregoing shall apply to the extent allowable by applicable law.


General Representation and Warranty

You represent and warrant that (1) your use of therattlecat.com Website and Services will be in strict accordance with the "Hometown Connection, LLC" and "The RattleCat" Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regading the transmission of technical data exported from the United States or the country in which you reside) and (2) your use of therattlecat.com Website and Services will not infringe or misappropriate the intellectual property rights of any third party.


Idemnification

You agree to indemnify and hold harmless "Hometown Connection, LLC", "The RattleCat". its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney's fees, arising out of your use of therattlecat.com Website and Services, including but not limited to out of your violation of this Agreement.


Miscellaneous

This Agreement constitutes the entire Agreement between "Hometown Connection, LLC", "The RattleCat", and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of "Hometown Connection, LLC" and/or "The RattleCat", or by a posting by "Hometown Connection, LLC" and/or "The RattleCat" of a revised version to this Agreement. Except to the extent applicable by law, if any person or entity provides otherwise, this Agreement binds any access to or use of therattlecat.com Website and Services to be governed by the laws of the state of Arkansas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Logan County, Arkansas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("Jams") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Logan County, Arkansas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; "Hometown Connection, LLC" and/or "The RattleCat" may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.


Should you have any questions regarding this Terms of Service, you may contact us by sending an email to The RattleCat.
Updated, December 18, 2021