Contact and User Information

SITE INFORMATION

The Rochester Democrat is a non-profit online news magazine owned and operated by:

Democratic Party of Olmsted County DFL
2002 2nd St. SW
Rochester, MN 55901

The present Chairperson is: Lynn Wilson

The present editor is:

Paul Munnis
1716 Wilshire Drive NE
Rochester, MN 55906

You can e-mail us at:

editor@TheRochesterDemocrat.com

Our mission is an educational one focused on improving communications and understanding for Democrats.

PHONE: (507) 281-2067
editor: Paul Munnis

For a more complete listof the Olmsted County DFL Officers please click below:
http://www.olmsteddfl.org/contacts.2.html

IMPORTANT: We do not present our users with pop-ups or any other non-contextual advertising. Nor do we send email to our users using any information having to deal with contact with this media unit. If you see or receive one of these items, it is coming from an outside source, either as a result of something you have previously downloaded or as an "exit" pop-up from the site you just visited. It is not coming from our site.

NOTICE: The Content and Opinions Expressed in this website do not necessarily reflect the opinions and beliefs of the owner and publisher of this online news magazine nor necessarily reflect the position and opinions of the Democratic Party or the MN DFL nor of all of the members of the Democratic Party OLMSTED DFL CAUCUS. Signed editorials or articles of course reflect the authors best understanding at the time of writing. Please note that sometimes newspaper articles have errors of fact and format and we cannot be responsible nor liable for such errors.

FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe that this constitutes a 'fair use' of any such copyright material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml

If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.


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The Rochester Democrat, Olmsted County DFL Privacy Policy

Effective Date of Privacy Policy: January 18, 2006.

Our Promise To You

We do not sell, rent or trade any personally identifiable information ("PII") you provide when using The Rochester Democrat. No PII information from this site is provided to any political candidate by either us or our owner organization.

Information We Collect

This website and related services ("The Rochester Democrat" or "Site" or “TRD” is owned by the Democratic Party Olmsted County DFL, Rochester, MN ("we" or "us"). We do not collect any PII about our users ("you") (such as your name or email address) when you use The Rochester Democrat unless you specifically decide to provide such information in order to enhance your user experience.

If you choose to provide an email address as part of personalizing The Rochester Democrat, we will only send an email to you to confirm online donations, or to confirm online purchases or to confirm you registration should you choose to register unless you specifically request an email response to a customer service inquiry or contact is required in order to protect someone's safety or to enforce our obligations to you. You are not required to provide an email address to personalize The Rochester Democrat.

We do collect anonymous or non-PII about you in connection with your use of the Site. For example, each time you come to The Rochester Democrat, we collect the limited information that your browser makes available whenever you visit any website: including (a) your Internet Protocol (IP) address, (b) your domain (e.g., whether you logged on from compaq.com or whitehouse.gov, for example), (c) the address of the last URL you visited prior to clicking through to the Site (d) your browser and platform type (e.g., a Netscape browser on a Macintosh platform), (e) your browser language, and (f) the data in any undeleted cookies that your browser previously accepted from us.

In addition, we, our agents and our partners may use cookies, "pixel tags," "clear GIFs" or other tracking technologies in connection with the Site. For example, when you visit The Rochester Democrat we place a small text file -- called a "cookie" -- on your computer that allows us to identify your web browser. Cookies and other technologies are used on our site to assist us in understanding aggregate usage of the different areas of our service in order to improve the quality of our service. We also capture your source IP address which is a standard practice for most web sites. We in no way associate cookie and IP address data and also do not use IP address data in conjunction with any personally identifiable information. Cookies and other technologies are also used to customize the service based upon what site you arrived from and to store your preferences and settings.


We note that information collected by any commerce partners will be subject to their privacy policies, not this Privacy Policy.


Our Use of Information

Again, we do not sell, rent or trade any PII you provide when using The Rochester Democrat.


We may use your e-mail for non-marketing purposes, such as: to respond to a request from you; for administrative purposes; if we believe we are compelled or otherwise required to do so under applicable law or as part of a legal proceeding; to cooperate with law enforcement or government request; to help protect someone's safety or property; to protect the integrity of the Site; or if there has been a violation or suspected violation of our Terms of Service or Privacy Policy.

Further, if The Rochester Democrat is ever sold or all or substantially all of the assets relating to The Rochester Democrat are transferred to another entity, we may transfer to such acquiring entity the information you have provided to us so as to ensure continuity of your personalized service.

In addition, we may use and disclose anonymous or non-PII, such as aggregated information and statistics regarding Site usage and demographics, for marketing and non-marketing purposes.


Co-Branded Pages

We also offer you access to "co-branded" services that are jointly provided by us and our content providers. In certain cases, services on this Site will contain The Rochester Democrat branding, but might not be hosted by us. You should follow the privacy link on the page to determine which company's privacy policy protects the information you enter on the page.


Children

We do not knowingly collect PII from anyone under the age of 13 without parental consent or otherwise in compliance with applicable law.


Reviewing Your Personally Identifiable Information
To review, revise or delete the personally identifiable information that we have collected about you online that we maintain, please log in to your profile and edit accordingly. You may access your profile through the Registration Panel. However, please understand that although this information, once deleted, is not available on the Site, that information may remain stored indefinitely in our backup and archival records.

Privacy Policy Updates

We may update this Privacy Policy from time to time by posting an updated Privacy Policy on the Site. We ask that you periodically review this page. You may refer to the "Effective Date" at the top of this document section to determine when this Privacy Policy was last updated.

The Rochester Democrat is a division the Democratic Party Olmsted County DFL, Rochester, MN, Internet privacy is an issue that we take very seriously. We provide this Privacy Policy so that our users will know what personally identifiable information is and is not being collected about you through the Site, how that information is and is not being used, and with whom it is and is not being shared.

Also, although we and our affiliates own or operate other websites, such websites are not governed by this Privacy Policy.

Change of Ownership

As of January 11, 2006, The Rochester Democrat has become a wholly-owned subsidiary of Democratic Party Olmsted County DFL, Rochester, MN, and, thus, they now control our privacy practices. They are currently reviewing The Rochester Democrat’s privacy practices and while the review is in progress the policies will remain as stated here. This means that we expect that this Privacy Policy will remain in place after we become their property and that they will treat users' personal information with the same respect, and subject to the same constraints, as apply under this policy. If in the future the Democratic Party Olmsted County DFL decides to revise The Rochester Democrat’s privacy practices, those changes will be announced in the manner required by this policy.


Questions

If you have any questions about this statement, feel free to contact us at
editor@TheRochesterDemocrat.com


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TERMS OF USE FOR THE ROCHESTER DEMOCRAT

EFFECTIVE DATE: January 18, 2006

Welcome to The Rochester Democrat website (the "Site"). When using the Site and/or any related services (including The Rochester Democrat email service) (the Site and related services are hereinafter referred to as the "The Rochester Democrat Service"), you agree to the terms and conditions set forth herein (the "Terms of Service"). If you do not agree to these Terms of Service, you are not authorized either to use The Rochester Democrat Service (including any portion thereof) or to sign-up for Site membership.

General Terms of Service

You are permitted to use The Rochester Democrat Service for personal, educational, archival, non-commercial purposes only.


By using The Rochester Democrat Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with these Terms of Service at any time, we reserve the right to terminate your access to all or any aspect of The Rochester Democrat Service. We may discontinue or alter all or any aspect of The Rochester Democrat Service, including, but not limited to: (i) restricting the time The Rochester Democrat Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use The Rochester Democrat Service, at our sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to or otherwise accessing The Rochester Democrat Service. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access or use any aspect of The Rochester Democrat Service.


In order to permit us to protect the quality of our products and services, you hereby consent to our employees and agents being able to access your account and information on a case by case basis to investigate complaints or other allegations or abuse, including suspected violations of these Terms of Service. We reserve the right to disclose the existence, occurrence or results of such an investigation except to the extent such disclosure is prohibited by law.


Please note that use of The Rochester Democrat Service, including but not limited to use of the Site bulletin boards, chat areas, and forums, by individuals under the age of 13 is prohibited. Additionally, with regard to The Rochester Democrat email service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the service under the laws of the United States or other applicable jurisdiction.


Content and Materials

You acknowledge that The Rochester Democrat Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. "The Rochester Democrat" name and logo are trademarks of The Rochester Democrat. All other trademarks appearing on The Rochester Democrat Service are trademarks of their respective owners. The Rochester Democrat's partners may also have additional proprietary rights in the content that they make available through The Rochester Democrat service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided via the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you conditioned upon your acceptance of these Terms of Service and your acceptance of the terms and conditions of any license agreements (including any "clickwrap" agreements) relating to such Software. The Rochester Democrat does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.


Creating a Registration Profile

If you elect to establish a password protected profile on the Site (which is required only if you want to personalize The Rochester Democrat Service), use an @TheRochesterDemocrat.com email or take advantage of such other services as may be offered only to users with a profile, you agree to provide true, accurate, current and complete information about yourself as prompted by The Rochester Democrat Service's registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or The Rochester Democrat suspects that such is the case, The Rochester Democrat has the right to suspend or terminate your account and refuse any and all current or future use of The Rochester Democrat Service (or any portion thereof).


As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. YOU WILL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND USE OF YOUR USERNAME AND PASSWORD AND AGREE NOT TO TRANSFER OR RESELL YOUR USE OF OR ACCESS TO THE SITE TO ANY THIRD PARTY. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting our registration area and immediately notify us of the problem by sending an e-Mail to:


editor@TheRochesterDemocrat.com


We reserve the right to deny access or registration to any person or organization or business that we choose to and without justification.


Site Privacy Policy

The Site's Privacy Policy describes how we treat any personally identifiable information that you provide to us when you use The Rochester Democrat Service. You can review the Privacy Policy above.


Code of Conduct

The following mandatory Code of Conduct applies to your use of The Rochester Democrat Service, including but not limited to use of The Rochester Democrat email services and online bulletin boards, chat, or forum areas.


You agree not to use The Rochester Democrat Service to do any of the following:


• harm minors in any way;


• upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or is illegal or knowingly false;


• impersonate any person or entity, including, but not limited to, The Rochester Democrat personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity, or express or imply that any statements you make are endorsed by us, absent our prior written consent;


• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;


• upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);


• upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;


• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;


• upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to surreptitiously monitor the recipient's computer use or online activities without such recipient's consent;


• "frame" or "mirror" any part of The Rochester Democrat Service without our prior written authorization;


•interfere with or disrupt The Rochester Democrat Service or servers or networks connected to The Rochester Democrat Service, or disobey any requirements, procedures, policies or regulations of networks connected to The Rochester Democrat Service;


• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;


• use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure of presentation of The Rochester Democrat Service or its contents;


•"stalk" or otherwise harass another member or user of the The Rochester Democrat Service; or harvest, collect or store personal data about other users or members; or


• engage in illegal, fraudulent or misleading activities.

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via The Rochester Democrat Service. The Rochester Democrat does not control all of the Content posted, emailed or transmitted via The Rochester Democrat Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that, by using The Rochester Democrat Service, you may be exposed to Content that is inaccurate, false, offensive, indecent or objectionable. Under no circumstances will either The Rochester Democrat be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via The Rochester Democrat Service.

Further, we reserve the right to prohibit the distribution or publication of any material on or in connection with The Rochester Democrat Service for any or no reason, in our sole discretion, including but not limited to any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services that has not been approved by The Rochester Democrat in writing in advance of distribution.

All communications posted on the Site, including bulletin board communications, chat, or forum information are public and not private communications. Although The Rochester Democrat reserves the right to remove without notice any posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any bulletin board or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our designees a perpetual, royalty-free, irrevocable, sublicenseable, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. You represent and warrant that any materials that you upload to any bulletin board or submit to the The Rochester Democrat Service are truthful and accurate.

We reserve the right (but do not have an obligation) to monitor The Rochester Democrat Service for adherence to these or other rules that may be published by us from time to time. We may revoke your registration privileges and/or take any other appropriate measures to enforce these rules upon learning of violations or suspected violations. Further, The Rochester Democrat, in its sole discretion, may terminate your membership and registration or restrict or block your ability to access all or any portion of The Rochester Democrat Service for any or no reason.

Additional Email Service Obligations

In addition to the terms and conditions set forth in this Terms of Service that are applicable to The Rochester Democrat Service (including The Rochester Democrat email service), the terms and conditions set forth in this section of the Terms of Service are specifically applicable to The Rochester Democrat email service.

The amount of email storage space per member is limited. Some email messages may not be processed due to space constraints or outbound message limitations. You agree that The Rochester Democrat is responsible or liable for the deletion, failure to process, or failure to store messages or other information.

Unless you have email forwarding set up for your The Rochester Democrat email account, we may terminate your account and delete all messages, files and other correspondence in your account without prior notice to you if you have not logged into or accessed your account for ninety consecutive days.

In using The Rochester Democrat email service, you agree to comply with any requirements, procedures, policies or regulations of networks connected to The Rochester Democrat email service, and to comply with all applicable laws and regulations regarding email usage.

The Rochester Democrat reserves the right to immediately suspend, terminate, access and investigate any email account which it believes, in its sole discretion, is transmitting or is otherwise connected with either (a) the distribution of unsolicited commercial email messages, "spam," or any harassing or offensive email messages, or (b) any fraudulent, misleading or illegal activities. In addition, because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated, then you agree to pay The Rochester Democrat liquidated damages of $5 for each piece of unsolicited commercial email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay The Rochester Democrat's actual damages, to the extent such actual damages can be reasonably calculated.


Submissions

If at our request you send content (e.g., postings to chat, boards, forums, donations, or contests) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of The Rochester Democrat. None of the Submissions shall be subject to any obligation of confidence or attribution on the part of The Rochester Democrat, and The Rochester Democrat shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you hereby grant to us and our designees a perpetual, royalty-free, irrevocable, sublicenseable, exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Submissions (or any portion thereof) or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that such Submissions shall be your original work, that you have the right to grant the license set forth herein and that all so-called "moral rights" in such materials have been waived.


Links and Search Results

The Rochester Democrat Service may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because The Rochester Democrat has no control over such sites and resources, you acknowledge and agree that The Rochester Democrat is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Rochester Democrat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


Disclaimers


PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF REPRESENTATION AND WARRANTIES:
THE ROCHESTER DEMOCRAT SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. THE ROCHESTER DEMOCRAT AND ITS RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND ITS RESPECTIVE SUPPLIERS, ADVERTISERS AND PARTNERS, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

WITHOUT LIMITATION, THE ROCHESTER DEMOCRAT MAKES NO WARRANTY THAT THE ROCHESTER DEMOCRAT SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE ROCHESTER DEMOCRAT SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE ROCHESTER DEMOCRAT SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROCHESTER DEMOCRAT SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THE ROCHESTER DEMOCRAT PERSONNEL OR THROUGH THE ROCHESTER DEMOCRAT SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.


Disclaimer Regarding 3rd Party Sites

The Rochester Democrat make no guarantees as to the sites and information located worldwide throughout the Internet which you may access as a result of the use of The Rochester Democrat Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using The Rochester Democrat Service may locate unintended and objectionable content.


Disclaimer Regarding Financial Information

The Rochester Democrat Service allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Rochester Democrat Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by The Rochester Democrat to be used for trading or investing purposes. The Rochester Democrat shall not be responsible for the accuracy, usefulness or availability of any information transmitted via The Rochester Democrat Service, and it shall not be liable for any trading or investment decisions made based on such information.


SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.


Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ROCHESTER DEMOCRAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ROCHESTER DEMOCRAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ROCHESTER DEMOCRAT SERVICE (INCLUDING ANY ASPECT THEREOF); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ROCHESTER DEMOCRAT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ROCHESTER DEMOCRAT SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE THE ROCHESTER DEMOCRAT SERVICE. IN NO EVENT SHALL THE ROCHESTER DEMOCRAT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO THE ROCHESTER DEMOCRAT, IF ANY, FOR ACCESSING THE ROCHESTER DEMOCRAT SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, OR RELATING TO, YOUR USE OF THE ROCHESTER DEMOCRAT SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ROCHESTER DEMOCRAT AND ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, SUPPLIERS, ADVERTISERS AND PARTNERS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE ROCHESTER DEMOCRAT SERVICE, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

Termination and Modification

You agree that The Rochester Democrat, in its sole discretion, may terminate your password, account (or any part thereof) or use of The Rochester Democrat Service, and remove and discard any Content within The Rochester Democrat Service, for any reason, including, without limitation, for lack of use or if The Rochester Democrat believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that The Rochester Democrat shall not be liable to you or any third-party for any termination of your access to The Rochester Democrat Service. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Service at any time. Please check back at this webpage periodically for changes (you can determine if this Terms of Service has been modified since your last visit by referring to the "Effective Date" at the bottom of this webpage). Your continued use of The Rochester Democrat Service following the posting of changes to these terms (including our Code of Conduct) will mean you accept those changes.


Governing Law and Other Miscellaneous Terms

Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of The Rochester Democrat Service shall construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Minnesota applicable to contracts entered into and wholly to be performed within such state. Any controversy or claim arising out of or relating to these Terms of Service or your use of The Rochester Democrat Service shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association or JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Rochester, MN, and judgment on the arbitration award may be entered into in any state or federal court in Minnesota having subject matter jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state court in Minnesota or federal court in Minnesota having subject matter jurisdiction thereof. You hereby waive any personal jurisdiction, venue and inconvenient forum objections to such state or federal court in Minnesota. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and us relating to the subject matter herein and shall not be modified by you except in writing, signed by the parties. The Terms of Service will inure to the benefit of our successors, assigns and licensees.


Copyright and Copyright Notices

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Rochester Democrat's Editor the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the site;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact The Rochester Democrat's Copyright Agent for Notice of claims of copyright infringement as follows:


The Rochester Democrat
Attn.: Paul Munnis
1716 Wilshire Drive NE
Rochester, MN 5906
507-281-2067
editor@TheRochesterDemocrat.com