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1. Welcome. Welcome to Organized@KentuckyLiving.com. KentuckyLiving.com is the on-line version of the "Kentucky Living" magazine, published by the Kentucky Association of Electric Cooperatives, Inc., a Kentucky corporation ("KAEC", "we", "our" or "us"). Through KentuckyLiving.com, we endeavor to offer special features and clubs that might be of interest to KentuckyLiving.com readers. These Terms of Use and the Privacy Statement that follow apply to one such club known as Organized@KentuckyLiving.com.
2. Our Rules. For Organized@KentuckyLiving.com to function at its best, we have certain Terms of Use and a Privacy Statement that govern your membership in the Club and your use of the Organized@KentuckyLiving.com site. The Privacy Statement is provided in full immediately following these Terms of Use. When you login to become a member of Organized@KentuckyLiving.com, you will be required to check a box indicating that you have read and agreed to these Terms of Use and the Privacy Statement. You will then be bound by these Terms of Use and the Privacy Statement. This site contains links to several other sites that provide information and/or services. Those sites have their own rules, terms and conditions and privacy policies to which you should refer before using such sites.
3. Updates and Amendments. We may update and amend these Terms of Use and the Privacy Statement from time to time by posting the modified version of the Terms of Use and/or the Privacy Statement on this site. The modified version of these Terms of Use and/or the Privacy Statement will automatically become effective with respect to you when first posted on the site. Your continued use of Organized@KentuckyLiving.com after the updated or amended Terms of Use and/or the Privacy Statement have been posted means you agree to be legally bound by the Terms of Use and the Privacy Statement, as modified. These Terms of Use and the Privacy Statement are effective as of August 25, 2008, and were last modified as of August 25, 2008.
4. Eligibility. Organized@KentuckyLiving.com is for use by persons over 18 who are interested in Kentucky and organization related topics. To access Organized@KentuckyLiving.com, you must become a member by creating a user name and securing a password, both of which you will use to access Organized@KentuckyLiving.com. When you become a member, we will ask you to provide to us information about yourself which is described in more detail in our Privacy Statement.
5. Privacy. The Organized@KentuckyLiving.com Privacy Statement is set forth in full following these Terms of Use and is incorporated into and made a part of these Terms of Use.
6. Information; Site Availability. KAEC takes reasonable steps to confirm the accuracy of the information on this site, however, certain of the content on this site is provided by third parties, members of our Organized@KentuckyLiving.com club and/or other users of our website. Therefore, we make no warranty or representation with respect to the accuracy, completeness or timeliness of information on the site. KAEC may change, suspend or eliminate all or any aspect of this site at any time, including the availability of any service, feature or data, without any notice to you or liability on the part of KAEC.
7. System Integrity. You agree to not use any software, scheme or device to interfere or attempt to interfere with the proper working of the KentuckyLiving.com site. You agree to not disclose or share your password or user name with any third parties or use your password or user name for any unauthorized purpose.
8. Copyright and Use of Materials. The information and materials on this Web site are protected under United States copyright laws and worldwide copyright laws and treaty provisions and are owned by KAEC or other third parties. You may download a copy of any of the materials on this site for personal use, provided you do not delete or change any copyright or trademark notice.You may also send copies of or links to portions of Organized@KentuckyLiving.com to a friend as provided for on our site. You must obtain the permission of KAEC, and, in some cases, other third parties, to make any other use of the materials. You may not distribute, transmit, reuse, report or use the content of this site for public or any commercial purposes. In no case may you create any kind of hyperlink to or framing of this site without the prior written consent of KAEC.
If you believe that our website contains material that infringes your copyright, you may notify us by mail, e-mail, telephone or fax at the contact information noted below:
By U.S. Mail: Paul Wesslund Editor, Kentucky Living Kentucky Association of Electric Cooperatives, Inc. 4515 Bishop Lane Louisville, Kentucky 40218
By e-mail: pwesslund@kaec.org By Phone: (502)451-2430 By Fax: (502)459-3209
9. Trademarks. "Kentucky Living", "KentuckyLiving.com" and Organized@KentuckyLiving.com are trade and service marks of KAEC protected under federal and state law.
10. NO WARRANTY. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. WE HAVE TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE AND EFFECTIVE WEBSITE, HOWEVER, WE ARE SOMETIMES AT THE MERCY OF THIRD PARTIES, ACTS OF NATURE AND/OR CONTINUOUSLY EVOLVING TECHNOLOGY. THEREFORE, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. FURTHER, WE PROVIDE THIS WEBSITE AND ANY SERVICES HEREUNDER "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT ANY WARRANTY AS TO THE SAFETY OF ANY OF THE PRODUCTS MENTIONED, REVIEWED, DISCUSSED OR OFFERED FOR SALE ON THIS WEBSITE OR WHICH YOU LOCATE AS A RESULT OF THIS WEBSITE. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY GOODS OR SERVICES PROVIDED, OFFERED OR SOLD THROUGH THIS SITE. FURTHER, KAEC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS, REVIEWS, DESCRIPTIONS OR PROMOTIONS FOR ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED, PROVIDED THROUGH OR DESCRIBED ON THIS WEBSITE, NOR DO WE ASSUME ANY RESPONSIBILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR ANY VIOLATION OF LAW RELATING THERETO. THIRD PARTY PROVIDERS OF PRODUCTS AND SERVICES OFFERED OR DESCRIBED ON THIS SITE MAY OFFER PRODUCT AND/OR SERVICE WARRANTIES. PLEASE CHECK WITH SUCH PROVIDERS WITH RESPECT TO ANY WARRANTIES PROVIDED BY THEM. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
11. LIMIT OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE (OR ANY OF OUR OWNERS, OFFICERS, DIRECTORS, OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY ACTUAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ORGANIZED@KENTUCKYLIVING.COM INCLUDING BUT NOT LIMITED TO YOUR USE OF THIS WEBSITE OR THE PURCHASE OF GOODS OR SERVICES THROUGH THIS WEBSITE, EVEN IF WE (INCLUDING ALL PARTIES NOTED ABOVE) HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR ANY OF OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES WILL BE LIABLE FOR ANY DAMAGES OR LOSS ARISING OUT OF OR IN CONNECTION WITH ORGANIZED@KENTUCKYLIVING.COM INCLUDING BUT NOT LIMITED TO ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR WEBSITE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR ANY OTHER MALFUNCTION OR FAILURE WITH RESPECT TO THE WEBSITE, WHETHER OR NOT SUCH MALFUNCTION OR FAILURE WAS WITHIN THE CONTROL OF KAEC.
12. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this website and any services provided through the website and any purchase of goods or services through this site. To the extent you violate any such laws, statutes, ordinances or regulations or are claimed to have violated any one or more of the same, whether or not any formal claims are filed or you violate or are claimed to have violated any provision of these Terms of Use, including but not limited to the provisions of Paragraph 8, or any provision of the Privacy Statement, then you agree to hold harmless, reimburse and indemnify us for any and all losses, liabilities, damages or other costs incurred by us as a result of such violation.
13. Notices. If you want to send us a notice in relation to these Terms of Use or the Privacy Statement, you must send it by e-mail to the following address: Organized@KentuckyLiving.com. If we choose to provide notice to you for any reason, we may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to the most current mailing address that we have for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received five days after the date of mailing.
14. Governing Law. You agree that these Terms of Use and the Privacy Statement are governed by the laws of the Commonwealth of Kentucky, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of, or purchase of products or services through, this website shall be an appropriate federal or state court located in Louisville, Kentucky.
15. Offensive, Libelous or Unlawful Messages; Copyright and Other Restrictions on Use of Service.
(a) No Offensive Content. You agree that you will not use, nor allow others to use, your membership account to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.
(b) No Illegal Material or Encouragement of Illegal Behavior. You agree that you will not use, nor allow others to use, your membership account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree that you will not use, nor allow others to use, this site to commit a crime, or to plan, encourage or help others to commit a crime.
(c) No Violation of Copyright, Trademark or Trade Secret Rights. You agree that you will not use, nor allow others to use, the site to publish, post, distribute or disseminate another's proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder. (d) No "Spamming," Advertisements or Chain Letters. You agree that you will not use, nor allow others to use, your membership account or the information available through this site, to post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities. You will not post or transmit, nor allow others to post or transmit, requests for money, petitions for signature, chain letters or letters relating to pyramid schemes. Except as specifically permitted by this site, you will not post or transmit, nor allow others to use your membership to post or transmit, any advertising, promotional materials or any other form of solicitation. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.
(e) No "Hacking." You agree that you will not use, nor allow others to use, your membership account to unlawfully access other computers or services, or to cause a disruption of service to other on-line users.
(f) No Impersonation of Others. You agree that you will not or allow others to impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. (g) No "Viruses." You agree that you will not use, nor allow others to use, your account to intentionally transmit computer "viruses," or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.
(h) KAEC's Right to Remove. KAEC reserves the right not to post any data or materials to, or to remove any data or materials from, the website, without notice to you or liability on the part of KAEC. You hereby release KAEC from any claims or allegations that may result from such removal. Further, you hereby release KAEC from any liability or cost arising out of any action or inaction of any other user of the site that is in violation of law, these Terms of Use, or the Privacy Statement.
16. Assignment of Rights. Subject to any restrictions on assignments that are set out in the Privacy Statement, which prohibits assignments in some circumstances, KAEC and any successor or assignee of KAEC may each assign such party's rights under these Terms of Use and the Privacy Statement to any other party without notice or consent from you. You may not assign any of your rights or obligations under these Terms of Use or the Privacy Statement to any other party.
Organized@Kentuckyliving.com Privacy Statement Your privacy is important to us. Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following statement so that you understand how we treat your personal information. As we continuously improve and expand our services, this statement might change. So please refer back to it periodically. If you have questions about our statement, please contact us via email or call us at (502) 451-2430 or (800) 595-4846. As used in this Privacy Statement, "we", "us" or "our" refers to the Kentucky Association of Electric Cooperatives, Inc. Also, to the extent this Privacy Statement is inconsistent in any way with our general Privacy Statement posted at www.kentuckyliving.com, this Privacy Statement will control. How we collect information about you. We collect information in several ways: 1. We collect information electronically on all users of our web site by means of cookies. 2. When you become a member of Organized@KentuckyLiving.com, you are required to provide us with your full legal name, email address, phone number, full street address (including city, state and zip code), and date of birth. You must also choose your User name and Password and provide those to us. Every time you access Organized@KentuckyLiving.com, we collect information about how you use the web site. 3. If you contact us by letter, phone, or email, we collect your sender information and may collect the other information you voluntarily disclose to us. 4. If you submit a question to Ask the Organizer or otherwise provide information to us in relation to Organized@KentuckyLiving.com, we may collect and store the information you provided. Our use of cookies. Like many web sites on the Internet, our web site uses cookies. Cookies are small strings of data placed on a user's personal computer hard drive during the exchange of data that happens when your browser points to our web site. Cookies enable a web site to identify a user's browser as a previous visitor by means of a unique string of numbers assigned on a previous visit. Our cookies assist us in collecting information on what pages of our web site you access or visit. Our cookies cannot and do not retrieve any other data from your hard drive or pass on computer viruses. If you are just browsing our web site, a cookie identifies only your browser (and not your identity). How we use the information we collect. We use the personal information about you stored in our member database in various ways in connection with Organized@KentuckyLiving.com. We may use your User ID and Password to call up your information from our database to make your use of Organized@KentuckyLiving.com faster and easier. We also may keep track of your preferences and use of the web site and analyze that information. We do so to keep abreast of your interests and to improve and better focus the web site on the specific topics in which our members show interest. We also may use the information to email to you special advertisements, offers and notices regarding promotions that seem to fit with your preferences. We may also use your information as otherwise set forth in this Privacy Statement. Except as specifically described below in the case of the Ask the Organizer section, we will not sell your personal information, or any information that can be identified to you personally, to any third-party marketers. We may aggregate information about how our service is used (without specific identification to any particular user) for use in helping us improve our service and making it more responsive to your preferences. We also make such aggregate information (without identification to any specific individual) available to our sponsors to assist them in assessing consumer response to certain products, services, and offers.
E-tips In connection with Organized@KentuckyLiving.com, we will publish and distribute periodically an E-tips that provides tips and information for getting organized. When you sign up to be a member of Organized@KentuckyLiving.com, we will automatically add your email address to our E-tips subscriber list, and we will email you the E-tips as we release them throughout the year. If you do not want to receive our E-tips, please send an email to the following email address with the words "Unsubscribe Organized@KentuckyLiving.com E-tips" in the email heading: Organized@KentuckyLiving.com Ask the Organizer As a part of our Organized@KentuckyLiving.com, we invite our members to submit questions to us. If you submit a question, you agree to the use by us of your question, the answer, your first name, or your first initial and last name, and your city and state of residence. We may use this information on our website, in our archives and otherwise for whatever purposes, commercial or otherwise, that we may choose. We may also assign or transfer these rights to any other party for that party's use. You agree that any and all submissions to Ask the Organizer will become and remain our property for use by us and any of our assignees or transferees or other parties in any manner whatsoever, commercial or otherwise, without compensation to you. You also agree that you have no expectation of confidentiality or privacy in any such submissions; provided, however, that we will make use of your email address only as provided for in this Privacy Statement.
Email Addresses We may use your email address to communicate with you about Organized@KentuckyLiving.com, to provide you our E-tips, and to alert you to certain promotions with respect to which we believe you may have an interest. We will not sell or otherwise transfer your email address to any other party. You can control how information about you is used by Organized@Kentuckyliving.com You can limit our communications to you. If you do not want to receive emails in the future telling you about our great promotions, please let us know. You can change your preferences, or opt out of receiving emails, at any time, by going to Organized@Kentucky Living.com, click view profile and uncheck the "Subscribe to the Organized@KentuckyLiving.com E-tips". Also, at that web address, you can update your email address, phone number, password, address, and you can uncheck the "Send me special offers from Organized@Kentucky Living.com" box. Our emails to you relating to these promotions will stop as soon as we process your request. We may from time to time send non-promotional email to all members of Organized@Kentucky Living.com for the purpose of gathering and dispersing data to provide better service you. You are under no obligation to reply or answer questions in response to such non-promotional email. Non-promotional email may include, among other items, surveys and questionnaires. Our policies may change. This is our current Privacy Statement, but we reserve the right to change our website and this policy by following the procedure provided for in Paragraph 3 of the Terms of Use. If our policies regarding collection, storage and use of your information change, the information collected under prior policies will continue to be governed by those policies, unless we obtain your consent to use that information in new ways. How is my information protected? Your information is password-protected. To maintain this protection, we caution you not to provide your password to anyone. If you share your computer with other people, you need to close your browser window when your session is completed. Signing off will protect your information if you share a computer with someone else or are using a computer in a public place like a library. How we store the information we collect. We store the information you provide us and the information we collect electronically in computer databases that are sited at our internet provider's location. Our contract with our provider requires that the location be physically secure. Our provider also uses all industry standard firewalls and other security measures with respect to our computer databases appropriate for securing confidential information. Please contact us with any questions or comments. We want you to enjoy your use of Organized@Kentucky Living.com. If you have any questions, or believe that a violation of this statement may have occurred, please let us know. Our complete contact information is provided on the Contact Us link on our web site at www.kentuckyliving.com.