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Welcome to The SPOT ("Website"), a service of Bresnan Communications, LLC ("Bresnan," "we," "our", or "us"). By using this Website, you agree to abide by the terms of this Visitor Agreement and our Privacy Statement. We may change the terms of this Visitor Agreement and/or our Privacy Statement from time to time. By continuing to use this Website after we post any changes, you accept and agree to this Visitor Agreement and/or the Privacy Statement, as modified.
This Visitor Agreement applies to your use of this Website. Other Bresnan websites (including those operated by Bresnan Communications and its subsidiaries) may have different or additional terms for their respective visitor agreements, terms of use, subscriber agreements, privacy policies or other terms and policies. In these cases, those agreements, terms and policies apply to those sites. By accessing any other Bresnan website, you agree to abide by each website’s applicable visitor agreement, terms of use, subscriber agreement, privacy policy or other terms and policies.
If you wish to submit a classified advertisement (an "Advertisement") for publication on the Website or for distribution on Bresnan’s video-on-demand service ("VOD"), or update, edit, revise or make other changes to an already existing Advertisement or insertion order, or otherwise manage your advertising account, you must register and establish an online account ("Advertiser Account") on this Website by clicking here. To open an Advertiser Account, you must accept the Advertiser Terms and Conditions as part of the registration process. During registration, you will select a user name and password. You agree that the information you supply during the registration process will be accurate and complete, and that you will not register under the name of, nor attempt to enter the service under the name of, another person. You represent and warrant that you have the full right, power and authority to complete and submit the registration on behalf of yourself or your company (if you are registering on behalf of your company). Bresnan reserves the right to reject any user name that, in its judgment, it deems offensive or inappropriate. You will be responsible for preserving the confidentiality of your password, as you will be fully responsible and liable for all activities on your Advertiser Account, authorized or unauthorized. You should notify us of any known or suspected unauthorized use of your Advertiser Account. We reserve the right to terminate, or suspend access to, any Advertiser Account at any time if the person or company who owns the Advertiser Account violates any of the terms of this Visitor Agreement or the Advertiser Terms and Conditions, or if we reasonably believe the Advertiser Account has been compromised due to unauthorized access.
Bresnan offers a variety of advertising packages, with combinations of features that vary by market area. For information about the ad packages available in your area, click here.
All Advertisements you place through this Website are subject to availability and the terms and conditions that apply to the particular advertising package at the time you place your order. All advertising packages and their availability and pricing are subject to change at any time with or without notice. It is important for you to read the terms and disclaimers accompanying any advertising package that you order through this Website.
By placing an Advertisement through this Website, you agree to pay the fees specified for the package you select, regardless of whether you make a sale. Payment will be required based on an agreement upon contract and invoiced for the contracted number of Advertisements for current month. For any incremental Advertisements placed, the additional fees will be applied in the following month’s invoice. Payment must be made at the time the order is placed (unless otherwise required by Bresnan), by credit, charge or debit card, or other means approved by Bresnan. For advertising campaigns that span multiple months, Bresnan may in its sole discretion charge on a monthly cycle in advance for Advertisements scheduled to air during the following month. Bresnan may store and use your payment information (including payment card information) for processing payments in the event of a conflict between the payment terms.
The content and materials appearing or available on this Website, including, without limitation, site design, text, graphics, logos, images, icons, interfaces, Advertisements and all other materials on this Website (collectively, the "Content") are the property of Bresnan or its licensors and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this Visitor Agreement, Bresnan and its licensors expressly reserve all other rights and licenses in the Content. You may display and print information you receive through this Website for your personal, non-commercial use only, but you may not otherwise reproduce, transmit, distribute or modify any of the Content without the prior written consent of its owner. You may not distribute copies of Content in any form (including by e-mail or other electronic means), without prior written permission from its owner. Of course, you are free to encourage others to access the Content and to tell them how to find it. Requests for permission to reproduce or distribute Content should be sent to Bresnan Advertising Services, 2001 11th Avenue, Helena, MT, 59601, Attention: Director of Advanced Advertising.
Bresnan is a distributor and not an owner or publisher of the Content supplied by third parties and users. Any opinions, advice, statements, services, offers or other information that constitutes part of the Content expressed or made available by third parties, including any other user of this Website, are those of the respective authors or distributors and not of Bresnan, unless expressly stated otherwise. Bresnan makes no representation, warranty or guarantee of the accuracy, completeness or usefulness of any third party Content. Under no circumstances shall Bresnan or any provider of Content be liable for any loss, damage or harm caused by your reliance on information obtained through this Website. It is your responsibility to evaluate the accuracy or completeness of the information, opinion, advice or other Content available through this Website.
This Website may provide links to products, services and Internet sites operated and maintained by third parties. Any link from this Website to another website is provided for convenience and reference only and does not constitute an endorsement of that website (nor of any product, service or other material offered on that website) by Bresnan or its licensors. When you access a third-party website, your use of that website is governed by the terms of service of that website, which may differ from this Visitor Agreement. If you have any questions about the terms of service that apply to the third-party website you are using, you should search for and click on the relevant link on the page of the website you are using, or contact the operator of that website.
You may link to this Website, so long as the link does not imply or state any affiliation with, or sponsorship by, Bresnan or this Website. You may not frame any Content, or incorporate any Content into another website.
You may not use any of Bresnan’s trade names, logos, trademarks or service marks (the "Bresnan Marks") appearing on this Website without the prior written consent of Bresnan. BRESNAN and the BRESNAN ADVERTISING SERVICES and design logo are registered trademarks and/or service marks of Bresnan Corporation or its subsidiaries; The SPOT design logo are registered trademarks and/or service marks of Bresnan Corporation or its subsidiaries. Other marks appearing on this Website or other sites linked to or from this Website are the property of their respective owners.
You (and not Bresnan) are solely responsible for any information, images and other materials (including, without limitation, any Advertisements) that you submit or post on this Website, and for the accuracy, integrity, quality, lawfulness and merit of such materials. By posting, uploading or otherwise providing any materials to Bresnan, you are representing and warranting that you are the owner of the materials or are providing the materials with the express consent of the owner of the materials, and that such materials do not violate the privacy, publicity, intellectual or other rights of any other party.
By posting, uploading or otherwise providing materials to Bresnan, you are granting to Bresnan a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, distribute, publicly perform, display, adapt and sublicense the materials to third parties. Bresnan is not obligated to use any materials you provide to Bresnan, except as specifically set forth in the Advertiser Terms and Conditions with respect to Advertisements.
We reserve the right (but assume no obligation) to monitor, delete, move or edit any submissions (including, without limitation, Advertisements) or postings that we consider unacceptable or inappropriate, whether for legal or other reason in our sole discretion. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this Website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this Website.
Bresnan provides this Website and the associated VOD real estate listings as a venue for buyers and sellers of real estate. Bresnan does not sell real estate directly through this Website and is not a party to any transaction between buyers and sellers of real estate. Terms of sale remain subject to negotiation between buyers and sellers. Bresnan has no control over, cannot ensure and does not guarantee: (i) the accuracy or completeness of any information provided by any buyer or seller; (ii) the availability, quality or safety of any real estate listed for sale; or (iii) the creditworthiness of any buyer. Responsibility for the information contained in Advertisements, including typographical and other errors regarding prices, measurements and other information lies with each seller. Bresnan assumes no responsibility for verifying whether the listings comply with applicable laws; such responsibility rests entirely with sellers.
We do not perform any background checks on sellers identified in Advertisements, and cannot (and do not) warrant that any personal or other information you may provide to sellers pursuant to Advertisements will not be used for fraudulent, criminal or other illegal purposes by sellers. We urge you to use caution in providing any personal or sensitive information to sellers.
You agree not to: (i) post, upload or otherwise provide any materials to Bresnan that is false, defamatory, abusive, obscene, threatening or illegal; (ii) use this Website, the Content or any products or services included on or available through this Website for any unlawful purpose; (iii) collect personal data about other users for commercial (other than for the sole purpose of furthering the transactions contemplated with respect to a particular Advertisement) or unlawful purposes; (iv) restrict or inhibit any other user from using and enjoying this Website, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of this Website are able to type, hacking or defacing any portion of this Website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (v) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes (including information relating to time shares) or other unsolicited commercial communication or engage in spamming or flooding; (vi) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (vii) 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 or presentation of this Website or any Content on this Website.
We respect the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on this Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
Bresnan reserves the right at any time to terminate your use of this Website, or any portion of this Website, with or without notice, in its sole discretion, for any reason or no reason at all, including but not limited to, if Bresnan determines that your use of this Website: (i) violates this Visitor Agreement, the Advertiser Terms and Conditions (if applicable) or any other agreement pertaining to portions of this Website; (ii) is harmful to Bresnan, another user of this Website or any other party; or (iii) violates applicable law.
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR, AND BRESNAN DISCLAIMS ANY RESPONSIBILITY RELATING TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." BRESNAN AND ITS AGENTS, LICENSORS, SPONSORS AND PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BRESNAN DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS WEBSITE, OR INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE.
UNDER NO CIRCUMSTANCES SHALL BRESNAN (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS, LICENSORS, SPONSORS OR PARTNERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BRESNAN AND ITS AGENTS, LICENSORS, SPONSORS AND PARTNERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF BRESNAN (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS, LICENSORS, SPONSORS AND PARTNERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO BRESNAN, IF ANY, FOR THE USE OF THE WEBSITE.
By using this Website you agree to indemnify Bresnan, and its parents, subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the "Released Parties"), and hold the Released Parties harmless, from any and all claims and expenses, including attorneys’ fees, arising from your use of this Website or the Content on this Website, your breach of any term or condition contained in this Visitor Agreement, or any other applicable agreement relevant to portions of this Website, or your submission of materials to Bresnan by any means or from any person’s use of any Advertiser Account or password you maintain with Bresnan, regardless of whether such use is authorized by you. By using this Website, or submitting any materials to Bresnan, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Website or to any disputes regarding use of any materials submitted to Bresnan.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
This Visitor Agreement (and the Advertiser Terms and Conditions, if applicable) constitutes the entire agreement between Bresnan and you with respect to the subject matter contained in this Visitor Agreement, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You may also be subject to additional terms and conditions that may apply when you use or access the products and services of third parties that are provided through this Website. In case of any conflict between such third party’s terms and conditions and the terms and conditions of this Visitor Agreement, this Visitor Agreement shall control.
This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of New York without regard to its principles governing conflicts of law. All disputes, controversies or claims which relate in any way to this Agreement will be resolved by arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award by the arbitrators shall be final, and may be enforced in any court having jurisdiction. In the event that any portion of this Visitor Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
We hope you enjoy using this Website. If you have any suggestions for improvements, questions or other comments about this Website or this Visitor Agreement, please contact us at Bresnan Spotlight, Inc., 1500 Market Street, Philadelphia, Pennsylvania 19102, Attention: Director of Online Content: Bresnan Spotlight Websites.
© 2007 Bresnan Communications, LLC All rights reserved.