Last updated: July 10, 2012
Welcome to www.paranormalozarks.com, the website of Paranormal Ozarks Investigations, LLC.
This web site includes access to information related to paranormal investigating, accounts
of actual investigations, Paranormal Ozarks Forum, and such other services and sites as
may be made available form time to time by Paranormal Ozarks Investigations, LLC (the
(“You”) and Paranormal Ozarks Investigations LLC, (“POI”).
1. Information Available at this Site
This Site contains general information about POI, its activities and its
services. This Site also contains information about paranormal investigations and topics
and related activities published to the Site by users like You. POI does not guarantee the
accuracy or timeliness of the information available on this Site. You are solely
responsible for verifying the accuracy of any information available on this Site. POI
disclaims responsibility for Your reliance on information at this Site in Section 9 below.
POI will use Your personally identifiable information collected in connection
with this Site, including without limitation Your name, e-mail address, or other
information unique to You (“Personally Identifiable Information”), in the
(a) POI may use Personally Identifiable Information to contact You about
topics related to paranormal research; to keep You notified of developments in paranormal
related activities; to give You updates on changes to the Site; and to allow You to share
Your experiences and opinions with other users of the Site.
(b) POI may also use Personally Identifiable Information to statistically
analyze usage of the Site; to improve POI’s product and service offerings; to
customize the Site’s content and layout; and to otherwise improve the Site.
(c) POI may also publish some of Your Personally Identifiable
Information, with Your permission as recorded in a Release Form, in association with an
investigation You were involved in as either a client or investigator. If no Release Form
is available or You deny POI permission to use Your Personally Identifiable Information,
POI will publish the information associated with the investigation and keep Your identity
visitors and to customize certain Site features and functions for repeat visitors.
Information collected using cookies may be combined with Personal Information but may only
be used as described in section (b) above. Cookies are required in order to log
POI will not sell, rent, or otherwise disclose Personally Identifiable Information to any
third party, except: (a) in connection with any merger or acquisition of POI (or POI
assets), including without limitation any restructuring activity with another legal
entity; or as (b) as required by subpoena, search warrant, or other valid legislative or
judicial process. POI may, however, disclose non-personalized, aggregate data to third
parties as may be collected and processed in connection with the Site.
3. License to Use Site; Restrictions
POI hereby grants You a non-exclusive, non-transferable, revocable license to view and use
the Site in accordance with this Agreement and any guidelines or policies posted on the
Site. POI reserves the right to suspend or revoke, in its sole discretion, the license
hereunder and to prevent You from accessing all or any portion of the Site with or without
notice or reason and without liability on the part of POI.
POI may change, suspend, or discontinue any portion of the Site, or any service offered on
the Site, at any time, including but not limited to any feature, database, application, or
content. POI may also impose limits on certain features offered on the Site with or
The Site and all content available on the Site are protected by applicable intellectual
property laws, and are for personal and noncommercial use. All rights not expressly
granted in this Agreement are reserved by POI or by the respective owners of the
intellectual property rights. All materials available on or through the Site, other than
Third Party Submissions (collectively, the “Site Materials”) are the property of
POI or of its licensors and are protected by copyright, trademark, and other intellectual
property laws. POI reserves the right to impose additional terms and conditions upon Your
use and viewing of particular Site Materials, and any such terms and conditions may be
posted on the Site in connection with those Site Materials. You may not reproduce or
retransmit the Site Materials, in whole or in part, in any manner, without the prior
written consent of the owner of such materials, except as follows: You may make a single
copy of the Site Materials solely for Your personal, noncommercial use, but such copying
must be consistent with any applicable additional terms and conditions and You must
preserve any copyright, trademark, or other notices contained in or associated with such
Site Materials. You may not distribute such copies to others, whether or not in electronic
form and whether or not for a charge or other consideration, without prior written consent
of the owner of such materials. If you have any questions, contact us at firstname.lastname@example.org.
Subscription portions (if any) of the Site may contain additional terms and conditions
applicable to use of that portion of the Site, including without limitation password usage
and protection rules. If You subscribe to any service at this Site, You will be asked to
agree to those terms and conditions as part of the subscription transaction, and those
terms and conditions will be deemed incorporated into this Agreement by this reference.
4. Use of Publishing Tools and Forums
The Paranormal Ozarks Forum, accessible through the “Forum” link in the
Site’s navigation bar as well as through other links, are governed by this Agreement
and are also subject to such additional terms and conditions as POI may, from time to
time, post in the Paranormal Ozarks Forum area.
You and not POI, are entirely responsible for all content that you upload, post or
otherwise transmit via the Site. You agree not to:
(a) Upload, post or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, slanderous, vulgar,
obscene, libelous, invasive of another's privacy, hateful, embarrassing, or racially,
ethnically or otherwise objectionable to any other person or entity.
(b) Impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with any person or entity.
(c) Upload, post or otherwise transmit any content that you do not have a
right to transmit under any law or under contractual or fiduciary relationship.
(d) Upload, post or otherwise transmit any content that infringes any
patent, trademark, trade secret, copyright or other intellectual property or proprietary
rights of any person, including without limitation under any privacy or publicity rights.
(e) Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
(f) Upload, post or otherwise transmit any content that contains viruses
or any other computer code, files or programs which interrupt, destroy, limit the
functionality of, or cause damage to the Site or any computer software or hardware or
(g) Disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges.
(h) Interfere with or disrupt the Site or servers or networks connected
to the Site, or fail to comply with any requirements, procedures, policies or regulations
of networks connected to the Site.
(i) Violate any applicable local, state, national or international law.
(j) "Stalk," harass, or otherwise harm another Site user.
(k) Collect or store personal data about other Site users.
(l) Promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or individual.
5. Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or
is licensed to POI by our users or third parties. You agree that you will not use any
robot, spider, scraper or other automated means to access the Site for any purpose without
our express written permission. Additionally, you agree that you will not: (a)
take any action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; or (b) interfere or
attempt to interfere with the proper working of the Site or any activities conducted on
the Site or other measures we may use to prevent or restrict access to the Site.
6. License to Use Submissions
All comments, articles, tutorials, screenshots, pictures, graphics, tools, downloads, and
all other materials submitted to POI in connection with the Site or available through the
Site (collectively, “Submissions”) remain the property and copyright of the
original author. If You submit Submissions to POI, You must adhere to any applicable
submission guidelines that may be posted from time to time on the Site. By submitting any
Submission to POI, You grant POI a worldwide, non-exclusive, transferable, perpetual,
irrevocable, fully-paid royalty-free license and right to use, reproduce, distribute,
import, broadcast, transmit, modify and create derivative works of, license, offer to
sell, and sell, rent, lease or lend copies of, publicly display and publicly perform that
Submission for any purpose and without restriction or obligation to You.
The foregoing license rights are intended to provide to POI all rights under existing and
future laws, including without limitation all rights under copyright and any other rights
personal to You to publish the Submission on the Site, use the Submission in publicity and
promotional materials for the Site and to create new Sites or derivative works (including
without limitation by combining the Submission with other content) for public display or
performance via any and all media or technology now known or later developed. The
foregoing rights may be licensed and sublicensed through unlimited tiers of third parties.
7. Claims of Copyright Infringement
POI respects the intellectual property rights of others, and POI asks that all
users of the Site do the same. If You believe that Your work has been published on the
Site in a way that constitutes copyright infringement, You may notify POI’s copyright
agent by providing the following information:
(a) Identification of the copyrighted work that You claim has been
(b) Identification of the material that You claim is infringing and needs
to be removed, including a description of where it is located on the Site.
(c) Your address, telephone number, and, if available, e-mail address, so
that POI can contact You about Your complaint.
(d) And a signed statement that the above information is accurate; that
You have a good faith belief that the identified use of the material is not authorized by
the copyright owner, its agent, or the law; and, under penalty of perjury, that You are
the copyright owner or are authorized to act on the copyright owner's behalf in this
Notices of copyright infringement claims should be sent by email or postal mail:
Paranormal Ozarks Investigations, LLC
PO Box 7407
Springdale, AR 72766
If You give POI notice of copyright infringement by e-mail, POI’s copyright agent may
begin investigating the alleged copyright infringement; however, POI’s copyright
agent must receive Your signature by mail or fax before POI is required by law to take any
action. More information about U.S. copyright law can be found at the United States
8. Logo Usage
The POI logos are propriety to POI, and POI retains all right, title, and
interest in and to those logos. You agree that You will not use any of the POI logos in
any way without the express permission of POI.
You agree to indemnify and hold POI, its officers, employees, agents and volunteer
administrators harmless against any and all losses, claims, damages, and expenses
(including reasonable attorneys’ fees) that POI may incur in connection with: (a)
Your breach of any of the terms of this Agreement; or (b) Your use of the
10. NO WARRANTIES
Neither POI, nor any successor, predecessor, agent, officer, or employee of POI,
warrants the accuracy, reliability, or timeliness of any information or downloads
published to or otherwise accessible via the Site (“Site Information”). POI will
not be liable for any damage or loss caused by Your reliance on the accuracy, reliability,
or timeliness of Site Information. Because of the number of possible sources of
information available through the Site, and the inherent hazards and uncertainties of
electronic distribution, there may be delays, omissions, or inaccuracies in the Site
Information. The Site Information may include facts, views, opinions, and recommendations
of individuals and organizations. POI does not endorse, assert, or guarantee the
truthfulness or reliability of any such facts, views, opinions, or recommendations, nor
any statements made by persons other than authorized POI spokespersons, including, without
limitation, information contained in the forum areas of the Site. The Site may also
contain links to one or more internet sites outside of the Site. POI is not responsible
for the content of such outside internet sites and does not warrant the accuracy,
reliability, or timeliness of any information or downloads posted on or obtained from such
outside internet sites. You rely on the Site Information, as well as information found on
outside internet sites linked to the Site, at Your own risk.
Paranormal investigations and other related activities involve risk to both persons and
property. There are many variables including, but not limited to, weather, fitness level,
and terrain features that must be considered prior to participating in a paranormal
investigation. Always exercise common sense and caution and obey the law when performing a
paranormal investigation or related activity. You assume all risks arising in connection
with performing a paranormal investigation or related activity.
THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION AND ALL OTHER CONTENT PROVIDED
ON THE SITE, ARE PROVIDED TO YOU “AS IS”, AND YOU ASSUME THE ENTIRE RISK AS TO
YOUR USE OF THE SITE, THE SITE INFORMATION AND THE RESULTS AND PERFORMANCE OF THE SITE.
POI HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR
IMPLIED, WITH REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. POI GIVES NO WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION
PROVIDED ON THE SITE, THE SITE ITSELF, OR POI’S EFFORTS, WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, POI GIVES NO WARRANTIES AS TO THE AVAILABILITY
OF THE SITE AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR
CURRENCY OF CONTENT; LACK OF VIRUSES; OR ANY OTHER WARRANTY.
11. LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF
ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT POI, ITS OFFICERS, EMPLOYEES,
AGENTS, AND VOLUNTEER ADMINISTRATORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SITE INFORMATION, EVEN
IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES
OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL
PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH
OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF POI, OF TORT
(INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF
SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT
LEGALLY VALID, POI, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATOR'S
LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS
AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM
YOUR RELIANCE ON SITE INFORMATION, WILL BE LIMITED TO U.S.$10.00 OR THE AMOUNT OF DIRECT
DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS
LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE POI,
ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS,
LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
12. Arkansas Law and Arkansas (Washington County) Forum
This Agreement is governed by the law of the state of Arkansas, U.S.A. You
consent to jurisdiction of and venue in the courts in Washington County Arkansas, U.S.A.
in all disputes arising out of or in connection with this Agreement. Use of the Site is
not authorized in any jurisdiction that does not give effect to all provisions of this
Agreement. POI’s performance under this Agreement is subject to all applicable laws
and regulations, and You agree that POI may comply with law enforcement or regulatory
requests or requirements notwithstanding any contrary term of this Agreement.
13. Attorney’s Fees
In any formal action or suit to enforce any right or remedy under this Agreement
or to interpret any provision of this Agreement, POI will be entitled to recover its
costs, including reasonable attorneys’ fees.
14. Changes to this Agreement
POI reserves the right to revise the terms of this Agreement at any time and from
time to time. Each time You use the Site, You are bound by the version of this Agreement
that is in effect and posted on the Site at the time of Your use. Please review them.
15. Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid or unenforceable, the parties agree that the remaining provisions of the
Agreement will remain in full force and effect, and the allocation of risk described
herein will be given effect to the fullest extent possible. POI’s failure to act with
respect to a breach by You or others does not constitute a waiver of POI’s right to
enforce its rights with respect to subsequent or similar breaches. This Agreement, along
with any Site guidelines or policies posted on the Site or otherwise provided to You by
POI, constitutes the entire agreement between You and POI with regard to Your use of the
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