TERMS AND CONDITIONS

The Breeze offers this Web site, including all information, software, products and services available from the Web site or offered as part of or in conjunction with the Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. The Breeze reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to these Terms and Conditions made by The Breeze. Accessing the Web site, in any manner, whether automated or otherwise, constitutes use of the Web site and your agreement to be bound by these Terms and Conditions.

Personal, Noncommercial and Nontransferable Use

You agree that your access to the Web site, is for your personal, noncommercial and nontransferable use. You are not allowed to reproduce, forward, barter, resell, assign or otherwise transfer in any way your personal access rights. As a condition to your continued use of the Web site, you warrant to The Breeze that you will not use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions.

No Warranties

USE THE WEB SITE AT YOUR OWN RISK. THE WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE BREEZE MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THE WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed by the Web site or available through links on the Web site. Neither Breeze nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available on the Web site. We are not responsible for the availability or content of other services that may be linked to the Web site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Web site, we do not guarantee or warrant that the Web site or materials that may be downloaded from the Web site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Web site and any materials available through the Web site, you do so solely at your own risk. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Breeze. The Breeze reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE BREEZE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO BREEZE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEB SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification

You agree to defend, indemnify and hold The Breeze, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web site, or any content, product or service offered through the Web site, or any content or information furnished by you to the Web site, in a manner that violates or is alleged to violate these Terms and Conditions. Breeze shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Featured Links and Advertisements

The Web site may contain hyperlinks to web sites offered by parties other than The Breeze.

Such hyperlinks are provided for your reference and convenience only. The Breeze does not control such other web sites and is not responsible for the privacy practices or the content of such web sites; nor does The Breeze inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with The Breeze (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on the Web site, The Breeze does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on the Web site.

The Breeze does not disclose personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to The Breeze’s control. To ensure protection of your privacy, always review the privacy policy of the web sites you may visit by linking from the Web site.

Responsibility for Your User Name and Password

To use certain features on the Web site, you will need a user name and password, which you will receive through the Web site’s registration process. We reserve the right to reject or terminate the use of any user name that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any user name or account, or to deny access to the Web site or any features of the Web site, to anyone who violates these Terms and Conditions or who, in our sole judgment, interferes with the ability of others to enjoy the Web site or infringes on the rights of others. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We can not and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Software Available on Web Site

Any software that is made available to download from the Web site is the copyrighted work of The Breeze and/or its suppliers. Your use of the software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such end user license agreement. For any software not accompanied by an end user license agreement, The Breeze hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by The Breeze in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, upload, post, exploit, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the Web site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of The Breeze. You may not create hyperlinks to the content on the Web site, distribute any part of the Web site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Under no circumstances may you “frame” the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from The Breeze or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:

The Breeze

Attn: Editor

1598 South Main Street

Harrisonburg, VA 22807

phone: (540) 568-6127

e-mail: breezeeditor@gmail.com

Termination of Privileges

The Breeze reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions. If The Breeze receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, The Breeze may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site. You acknowledge that any fees you may have paid to access certain portions of the Web site are not refundable, in whole or part, upon such termination.

Copyright Infringement

The Breeze will not tolerate copyright infringement of any kind. The Breeze does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending Breeze notice that includes all of the following information:

your full name, address and telephone number;

your e-mail address;

identification of the copyrighted work(s) that you believe is being infringed;

identification of the infringing material and information sufficient for Breeze to locate the material;

your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate, and (c) under penalty of perjury, you are authorized to act for the copyright owner; and

your physical or electronic signature.

Direct such notice to Breeze’s designated agent for receiving copyright infringement notices:

The Breeze

1598 South Main Street

Harrisonburg, VA 22807

phone: (540 568-6127

fax: (540) 574-6299

e-mail: breezeeditor@gmail.com

Any personal information you provide in your notice will be used only for purposes related to your notice. Upon receipt of notice complying with the above requirements, The Breeze will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.

If The Breeze removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying The Breeze’s designated agent in writing and including the following information:

your full name, address and telephone number

your e-mail address

identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled

your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material

your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Western District of Virginia (where Breeze may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent or your physical or electronic signature.

 Upon receipt of a notice meeting the above requirements, The Breeze will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, The Breeze will replace or enable access to the removed material unless The Breeze receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Breeze and/or the copyright owner or Web site user.

User Content

The Breeze may allow you to upload, post, transmit or otherwise provide content to the Web site, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the Web site (“User Content”). You agree that you are solely responsible for any communications and any content provided through your account.

Rules Governing User Content. In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the Web site shall constitute a material breach of these Terms and Conditions:

Do not disrespect the privacy and views of others, or use the Web site to stalk or harass another;

Do not use or provide User Content for commercial purposes, including but not limited to the promotion of any specific goods or services;

Do not provide User Content that is harmful to minors in any way;

Do not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false User Content;

Do not provide User Content containing expressions of bigotry, racism or hate;

Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;

Do not impersonate another person, or permit any other person or entity to use your identification to post or view User Content;

Do not provide User Content that infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of others;

Do not provide User Content that violates the privacy or publicity rights of others;

Do not provide User Content that supports or provides resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, as amended; and

Do not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.

 Respect the Intellectual Property Rights of Others. You may not post or transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. The Breeze shall have the right, but not the obligation, to monitor any User Content areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by The Breeze from time to time.

The Breeze’s Right to Remove User Content. The Breeze does not assume any responsibility for the consequences of any user-generated or contributed content on the Web site. If notified by a user of communications that are alleged not to conform to the rules set forth herein, The Breeze may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. The Breeze reserves the right to remove communications that fail to conform to these Terms and Conditions. In addition, The Breeze reserves the right (but is not obligated) to delete any User Content posted on the Web site, regardless of whether such communications violate these Terms and Conditions.

The Breeze’s Right to Use User Content. The Breeze reserves the right to record, re-purpose or re-publish User Content on its Web site, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to The Breeze and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

Responsibility for User Content. You agree to defend, indemnify and hold harmless The Breeze and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User-generated or contributed content or use by others of any User-generated or contributed content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.

NOTE TO USERS. The Breeze does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.

Termination of Privileges

The Breeze reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions. If The Breeze receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, The Breeze may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site. In the event that The Breeze terminates your access to the Web site, you will continue to be bound by these Terms and Conditions as in effect as of the date of such termination.

General

These Terms and Conditions (including the privacy policy posted on this Web site) constitute the entire agreement and understanding between you and The Breeze with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. The Breeze reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by The Breeze. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

The Web site is controlled and operated by The Breeze from its principal office in the Commonwealth of Virginia, United States of America. The Breeze makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject The Breeze to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.