Crumbling pipes, tainted water plague black communities

(This report is part of the “Troubled Water” project produced by the Carnegie-Knight News21 initiative, a national investigative reporting project by top college journalism students and recent graduates from across the country and headquartered at the Walter Cronkite School of Journalism and Mass Communication at Arizona State University.)

CAMPTI, La. — Deep in the winding mass of crumbling back streets in Campti, Leroy Hayes sets a glass of water from his faucet in a patch of sunlight on the railing of his porch and watches specks of sediment float to the top.

Hayes said the town’s water system has been bad for years, with water often coming out brown and smelling like bleach. The family uses bottled water for drinking and cooking and often has to drive to the city of Natchitoches, 11 miles away, to wash their clothes. The Campti water leaves their clothes with a yellowish tint.

“Don’t nobody drink that mess,” Hayes said.

Like many poor African-American communities, Campti’s poverty is a significant impediment to making crucial improvements to the town’s infrastructure – including its old water system. Hayes is a lifelong resident of the town, where according to the U.S. Census Bureau, more than half of the predominantly African-American population lives in poverty. Campti’s median household income is only $15,428.

Skepticism about drinking water is pervasive in many black communities, most recently in the urban cities like Milwaukee, where high childhood lead poisoning rates plague the city, and Flint, Michigan, where lead from pipes leached into the city’s water. But it also affects the pockets of poverty in states such as Louisiana, Alabama, North Carolina and Texas, where many residents rely on antiquated water systems and haphazard monitoring or live near businesses and industries whose waste, they say, pollutes their water systems.

“Everything that happens now where people don’t want it, it goes into a poor and black neighborhood,” said Esther Calhoun, president of Black Belt Citizens Fighting for Health and Justice.

A News21 national analysis of water violations from the U.S. Environmental Protection Agency found that tens of millions of Americans are drinking contaminated water – particularly in small, low-income and minority communities. Aging infrastructure and limited funding are two of the major water issues posing a threat to public health, according to the agency’s 2016 Drinking Water Action Plan.

“For someone to say that there’s not a correlation to me means they have their eyes closed, or they don’t want to believe that these impacts are actually happening or don’t want to dedicate the resources to these communities,” said Mustafa Ali, the former assistant associate administrator for environmental justice at the EPA.

In Uniontown, Alabama, black residents blame a swell of gastrointestinal complications on the waste from a nearby catfish farm they say pollutes their drinking water. In parts of North Carolina, impoverished African-Americans sometimes rely on contaminated wells for drinking water – though public water systems run just a few feet from their homes.

Campti, La., residents Devontay Driver and Martez Smith said the tap water there ruins their clothes if they use it for laundry, and has been bad as long as they can remember. (Michael M. Santiago/News21)

“The probability of drinking water violations is significantly greater in communities that are both poor and nonwhite,”  said Manuel Teodoro, a Texas A&M University professor and the co-author of “Class, Race, Ethnicity, and Justice in Safe Water Compliance,” a 2017 study of violations across the country. “What’s troubling from an environmental justice perspective is that race and ethnicity matter most when people are poor.”

The water system in Campti is more than 50 years old, according to an audit from the Louisiana legislative auditor. Near the end of 2016, the water tank sprang several holes, some of which were temporarily plugged with sticks. A new tank was built in March, but residents still don’t trust that the water is safe.

Annette Caskey lives in one of the poorest areas of Campti – a small community called Sherry Circle. Broken pavement leads to a small hill, where worn dirt paths climb to small trailer-like houses. Caskey’s tap water is often orange or brown. Rather than drink it, she buys water by the caseload at the local Brookshire’s or M&M Grocery. Her dogs also get bottled water.

Annette Caskey lives in Sherry Circle, one of the poorest areas of Campti, La. Caskey’s tap water often comes out orange or brown. She prefers to drink bottled water that she buys from a nearby store. (Michael M. Santiago/News21)

“This water sucks,” Caskey said. “Sometimes it’s got too much chlorine in it, and sometimes it’s got no chlorine at all. It’s like you’re drinking sewage.” For a long time, residents were getting sick with diarrhea and other issues, Caskey said. She said it stopped for a while, but people have started getting sick again.

Campti is the oldest settlement along the Red River, whose waters snake from northwest Texas down to the Atchafalaya River in Louisiana. Worn-down roads lead to the town’s meager collection of businesses, which include a Dollar General, a Papa John’s and a couple of gas stations – the Campti Quick Stop and an All-N-1.

Judy Daniels, Campti’s mayor from 2006-2010, said most of the town’s water infrastructure is anywhere from 40 to 60 years old, and the town doesn’t have money to fix it. She said the water does have problems, and they get worse after a storm or power outage because the water pump does not have a backup generator.

“The funds just aren’t there for us,” Daniels said. “We’re the stepchildren.”

Campti’s water system has had seven health-based violations. Six of those came in the 1990s, when tests showed the presence of coliform bacteria – a sign that feces or sewage could be contaminating the water. The only health-based violation this decade was in 2014, when Campti’s system received a treatment violation, meaning there was a deficiency that was not properly treated.

“It’s been like this ever since I’ve been here, and I grew up here,” Caskey said.

There have been no other recent health violations. But then, testing the water for the last five years has been up to the local utilities that manage the water. Budget cuts in 2012 forced the Louisiana Office of Public Health to lay off the state’s sanitarians, the people responsible for taking water samples. According to an audit by the Louisiana Legislative Auditor, during that time – from 2012 until January 2017 – the state could not be sure the results were accurate.

Cases of water are lined up outside a gas station in Tallulah, La. Residents’ frustrations about issues with their water system have left many anxious for the mayor’s plan to build a new water system. (Michael M. Santiago/News21)

The town of Tallulah, 150 miles east of Campti, has had 11 health-based violations dating to 1991. In 2015, coliform was found in the system.

Much of Tallulah was born from the 1,440-acre Scottland Plantation, where an old mansion still stands, the only remnant of the former village of Richmond, which was destroyed during Gen. Ulysses S. Grant’s siege of Vicksburg, Mississippi. Today, Tallulah’s median household income is $23,317, about half of the state’s average. About 40 percent of the population – which is 77 percent black – lives in poverty, including 60 percent of its children.

Tallulah, Louisiana from News21 on Vimeo.

Decorian Herring lives with his two daughters in one of the most impoverished parts of Tallulah, a sparsely populated complex named Magnolia Villas. The neighborhood often floods during storms, and, more than once, he’s seen alligators swimming between the rows of apartments.

The tap water is usually discolored and has a strong odor, Herring said. But it gets worse after a storm floods the complex.

“Sometimes you’ll run the water in the tub … and you’ll see the water come out green or brown,” Herring said. “A lot of times we’ll get the letter around here that they’re going to be shutting the water off for a couple of hours because of the contamination.”

The water started getting worse about a year ago, Herring said. People in the complex started getting sick with stomach viruses, and they stopped drinking the water. He said he’s constantly buying cases of bottled water for his family.

Decorian Herring lives at the Magnolia Villas housing complex in Tallulah, La., with his daughters Lacoral and Mikah. Residents say Magnolia Villas has the worst water in Tallulah. Water boil advisories often arrive late in the mail. (Michael M. Santiago/News21)

“You never really know when the boil advisory is,” Herring said. “The majority of the time it comes late in the mail. They’ll have already started it.”

The Rev. Tommy Watson, pastor of East Star Baptist Church and one of Tallulah’s aldermen, said the town has been “repairing and patching” the system for the last several years. The town had four or five boil advisories in 2016, which is more than normal, Watson said. Two of those came when a water main broke.

Tallulah Mayor Paxton Branch said the town plans to replace its system. The current system is so old that companies don’t make the parts necessary for some repairs. Right now, the city has about $6 million of the $10 million needed to begin construction.

For some residents, the new system can’t come fast enough. Hours after the mayor explained his plan for a new system, a water main broke, leaving large swaths of the town without water.

Pamela Oliver says she doesn’t trust the water enough to use it for anything but cooking and cleaning.

Louisiana only recognizes the lowest level of EPA standards and does not regularly test for secondary issues, such as color and odor, the most common complaints in towns like Campti and Tallulah.

“The problem with Louisiana is that we only recognize the lowest EPA ratings for our water, which means our water is safe,” said Lady Carlson of Together Louisiana, a statewide advocacy group. “So the water in St. Joseph, they said was safe. It looks like gumbo, but you can drink it. In six months, we had the problem fixed.”

Over time, Tallulah, La., fell into economic hardship and many of its businesses closed. (Michael M. Santiago/News21)

Louisiana’s St. Joseph is the site of the state’s most-publicized water system failure. After pipes in the town’s decrepit water system began to corrode, lead and copper leached into the system.

“When you look at the areas with crumbling infrastructure, it’s in communities of color and low-income communities,” said Ali, the former EPA official.

In his post with the EPA, Ali oversaw the office tasked with advocating for populations inordinately affected by environmental issues – low-income communities, African-Americans, Latinos and Native American tribes. Ali resigned over disagreements with President Donald Trump’s administration.

The Environmental Justice Office is one of several EPA departments that face elimination under the president’s proposed budget.

Yet, across the country, Americans of color are growing more concerned about their drinking water, according to a 2017 Gallup poll. Up from 73 percent in 2015, 80 percent of nonwhite respondents now worry “a great deal” about their water.

"If we don't help our most vulnerable communities to not only be healthier but to be more economically viable, then we leave a gap in our country, and it weakens us," Ali said.

The water tower in Melville, La., sits above the town’s only well. A new tank was built on the other side of town, but was put out of commission because of leaks and lack of pressure. (Michael M. Santiago/News21)

In Melville, about an hour northwest of Baton Rouge in southern Louisiana, the town’s water system is served by a single 54-year-old well. One of the country’s poorest communities, it has just over 1,000 residents and a median household income of $17,670.

The self-proclaimed “Catfish Capital of the World” sits on the banks of the Atchafalaya River – one of the state’s most iconic and beloved geographic features. But the town has no second well or backup plan. If the well goes down, the state of Louisiana will have to send trucks of water to keep the town from drying out.

Its system also has been poorly maintained and doesn’t have enough money to pay for upgrades, said Mayor Erana Mayes. In 2013, the water system was $125,541 in the red, and in 2014, $62,971 in utility payments went missing. Leaks regularly spring in the underground pipes. But when one leak is clamped, another pops up down the line.

“We’re constantly using chlorine. That’s a daily thing,” Mayes said. “Our water is good, now. Nothing is wrong with it. It’s just the expense of it.”

Carlson said most of the problems in rural towns – like Tallulah and Melville – come from outdated water systems and aging pipes. But there’s little money to make repairs, much less replace the pipes.

“There’s just been a lack of attention to these neighborhoods and a lack of political will to get things done,” said Carlson.

Uniontown, Alabama from News21 on Vimeo.

In southern Alabama’s Uniontown, a community first established around a slave plantation, water quality is a persistent worry for the mostly black residents, who say a nearby catfish farm contaminates their town water system.

“Everybody knows about the smell and water in Uniontown. It’s bad,” said Demetrius Holmes, who says he’s been in and out of the hospital 20 times because of gastrointestinal complications. “They just say gastroparesis, or acid reflux. I’ve heard them all. But no one can figure out what’s wrong with my intestines.”

Demetrius Holmes has been living in Uniontown, Ala., for the past three years and has been hospitalized more than 20 times for stomach-related issues. He suspects the town’s drinking water may be the cause. (Michael M. Santiago/News21)

He says it’s the water.

“You have 2,000 to 2,200 people that live here in Uniontown and just about all of us have problems, and a lot of us have the same problems,” said Ben Eaton, vice president of the Black Belt Citizens Fighting for Health and Justice. “But as far as good water, I can’t say it’s good. Too many issues around it to just say.”

Mark Elliott, a civil engineer and researcher at the University of Alabama, claims a nearby  catfish farm plays a part. “They have been disposing their industrial wastewater to the Uniontown system.”

“The system was not designed to take that load. Basically, … their wastewater volume is equivalent to the whole town put together,” he said. “So their system ended up being underdesigned. It’s bursting the side of the lagoon and running off into the stream constantly.”

In another community in Chapel Hill, North Carolina, residents relied for years on contaminated well water – even though most everyone around received water from a public system. “The well water was bad,” said Robert Campbell, a pastor in the community. “Now, we can basically say what is in there. Fecal matter, benzene, arsenic ... but it wasn’t safe to drink.”

This year, the community was hooked up to public water and sewer services.

“We didn't have the basic amenities, like clean water and sewer,” Campbell said. “There were a lot of things we were looking at, saying, why isn’t it in another community that looks almost like us except for the ethnicity of the community?”

An abandoned store decays in the town of Sandbranch, Texas, which is about 14 miles from downtown Dallas. (Brandon Kitchin/News21)

In Sandbranch, Texas, residents don’t have a public drinking water system at all. Just 14 miles from downtown Dallas, residents used to rely on private wells supplied by groundwater but don’t anymore. Most drink bottled water delivered by the local church each week.

“It would be a miracle if we could ever turn our tap on and get running water,” said 83-year-old Ivory Hall Jr., who makes a 20-mile round trip to the city of Ferris to fill a water tank and hauls it home.

Leroy Thomas has lived in Sandbranch for 40 years and says the water used to be drinkable. He claims the groundwater was contaminated by illegal dumping and more recently, a nearby wastewater treatment.

[DecodeDC podcast: The Texas town with no drinking water]

“The runoff, the illegal dumping, the tires … all of the waste that people bring in here, it’s going in the ground,” he said.

News21 requested water testing records for Sandbranch. But an email from the Texas Commission on Environmental Quality said, “After reviewing the appropriate resources of the TCEQ, we were unable to locate any responsive information in the possession of the TCEQ.

Most of the community’s 100 or fewer residents live in ramshackle houses they can’t sell because they wouldn’t make enough money to move.

“This is America and in the 21st century, people living in the shadows of the most prosperous urban area as far as job creation for the last five years deserve water,” said Dallas County Judge Clay Jenkins, who presides over the Dallas County Commissioners Court. “We got families that can stand on a hill and can look at downtown Dallas and don’t have running drinking water. That’s what we’re trying to fix.”

A 2016 report to President Barack Obama outlined several problems affecting water quality across the nation, including aging systems and lead service lines. According to the report, called “Science and Technology to Ensure the Safety of the Nation’s Drinking Water,” lead pipes have become a common problem in old cities and the Midwest. The American Water Works Association estimates 6.1 million lead service lines remain in the U.S. and serve 15 million to 22 million people.

“You hear time and time again this issue with aging infrastructure, and you have the lead pipes being part of the issue,” said Jacqueline Patterson, the director of the NAACP Environmental and Climate Justice Program. “You have this recipe for disaster like what we found in Flint.”

In Milwaukee, about 70,000 homes are connected to the city’s water system with aging lead pipes, many of which run under low-income and African-American communities in the city’s northside neighborhoods. These lead pipes – along with the 130,000 homes with lead-based paint – contribute to the high numbers of poisoned children, according to the 2014 Report on Childhood Lead Poisoning in Wisconsin.

One of them is Troy Lowe, a 4-year-old infatuated with dandelions, which he picks for his bus driver.

In December, his father, Tory Lowe, learned his son had lead poisoning, as do 8.6 percent of the children in Milwaukee, according to a 2014 report by the Wisconsin Department of Health Services.

Tory Lowe and his 4-year-old son, Troy, sit in their Milwaukee home. In December, Tory learned that his son had lead poisoning. (Michael M. Santiago/News21)

Even before then, Lowe had been working to inform his community on Milwaukee’s north side about the dangers of lead in the water. Lowe also uses his Facebook page to blast messages about shootings, kidnappings and carjackings to his more than 38,000 followers. He also made a music video called “Don’t Drink the Water” in which he raps about the city’s lead service lines.

“If the people most affected don’t know, it doesn’t matter,” Lowe said.

His son’s lead test result of 5.9 micrograms per deciliter is lower than many children in Milwaukee, Lowe said, but the Centers for Disease Control and Prevention says researchers have not defined the effect lower levels might on the central nervous system and cannot rule out adverse effects at low levels. Any level above 5 micrograms is considered lead poisoning.

As part of the line replacement plan, the city published lists of every property known to have lead service lines. The Lowe family’s home was listed. He said his family does not drink from the tap, opting to buy bottled water instead.

“I know there’s thousands of kids being lead poisoned … if my son can get lead poisoning and we don’t even drink the water,” Lowe said.

Milwaukee recently began an effort to replace the lead lines, starting with $3.4 million to replace 300 that serve schools and day cares in 2017. Then, the city will spend another $3.4 million to replace 300 lines serving residences.

At that pace, it would it would take more than 233 years to replace all of Milwaukee’s residential lead lines. To replace all 70,000 lead lines in the next 50 years, the city would need replace 1,400 pipes per year, which would cost about $4.5 million each year, according to the Water Quality Task Force.

Robert Miranda, a representative for the Freshwater for Life Action Coalition, a water advocacy group, said there may be as many as 20,000 more lead service lines the city did not include in its original estimate. An April 2017 report by Milwaukee’s Water Quality Task Force backs up Miranda’s claim, noting that there is a “measure of uncertainty” because the number of lead lines installed from 1951 to 1962 “remains in limbo.”

“What we don’t know is how many more pipes we have from 1952 to 1962,” Miranda said. “They didn’t have anything that really substantiated or made that date concrete.”

Children from the north side of Milwaukee line up for basketball practice in the first junior basketball league day of the summer. (Michael M. Santiago/News21)

The Milwaukee Department of Public Works declined an interview request from News21, but an email from department spokeswoman Sandy Rusch Walton said: “The (Milwaukee) Water Works complies with all state and federal drinking water standards, and is known for its extensive water quality monitoring program that reaches beyond basic requirements.”

Anna Smith lived with her children in a decrepit apartment where rain and snow fell through a hole in the ceiling and plastic grocery bags plugged a crack in the wall. It is one of many on the list of buildings with lead service lines.

Her 3-year-old daughter, Laila, tested at 8.8 micrograms per deciliter in October. Her other child, 1-year-old Princeton, tested with 12.1 in July.

“I wouldn’t have stayed there if I knew they had lead poisoning,” Smith said, adding that her daughter “was drinking from the faucet and stuff. I was cooking with the water.”

Short-term lead exposure can cause symptoms such as headaches, constipation and abdominal pain, according to the CDC. Long-term exposure can lead to more serious neurological issues. It often affects children more than adults.

In East Chicago, Indiana, residents have filed an emergency action petition with the EPA, asking the agency to address lead service lines affecting water. In the northwest Indiana city known historically for its lead and steel production, as many as 90 percent of the homes could be connected to lead service lines, according to the petition to the EPA. In one neighborhood, 40 percent of the homes tested by the EPA for the Drinking Water Pilot Study exceeded federal action levels, meaning enough lead was in tap water to pose a risk.

East Chicago, Indiana from News21 on Vimeo.

The Calumet neighborhood’s water problem was discovered as the EPA was investigating a separate issue – lead and arsenic in the soil left behind by the USS Lead Superfund Site –  where the low-income neighborhood now sits. According to the EPA, it’s not possible for lead to leach into the pipes, but many of the homes’ water tested positive, which indicates lead service lines.

The NAACP’s Patterson said communities of color – both urban and rural – are disproportionately affected by polluting industries because they are more likely to be located near low-income neighborhoods.

“There’s an interesting mix of things. One, the pollution that comes externally from power plants or those types of things are disproportionately located in communities of color,” she said. “Then, because those types of facilities are often underregulated and monitored, you have this situation where … all of these things can end up affecting the water supply.”

Akeesha Daniels spent 13 years in the West Calumet Housing Complex, a now-abandoned housing project where the lead refinery once stood. She said the residents were never warned about the lead in the soil or the pipes.

“We were never told,” Daniels said. “Not one thing. Why would you let your most vulnerable people live there and not notify us that something was wrong?”

Calumet Lives Matter, a local advocacy group, is distributing cases of water to residents out of churches each week. Sherry Hunter, an organizer of the group, said each family gets four cases of water, some of which are donated by the nearby cities of Hammond and Gary.

The petition, signed by several community groups, says the city’s water is unsafe to drink, even with the measures in place to control corrosion of the lead pipes. State Sen. Lonnie Randolph, whose district includes East Chicago, said the state is working to determine the extent of the water contamination issue and how much it will cost to fix it.

“We are fed up with the assault of toxic contamination on our city, our neighborhoods and our people,” said the Rev. Cheryl Rivera, one of the leaders with the Community Strategy Group, another organization that pushed for the petition. “Take it to somebody else’s neighborhood. It is absolutely environmental racism. We are tired of our children and our families being poisoned intentionally.”

Print this article Back to Top

Terms of Use

1.                  INTRODUCTION AND ACCEPTANCE

Scripps Media, Inc., and its affiliated websites (“Company,” “us,” “we,” or “our”) provide online services, including, without limitation, websites, applications, platforms, and other electronic services (collectively, the “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.  BY ACCESSING AND/OR USING THE SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENTS; ADDITIONAL TERMS” SECTION BELOW.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.

We reserve the right in our sole discretion to modify, alter or otherwise change these Terms of Use, and you agree to be bound by such modifications, alterations or changes.  We will post changes here, so you should check back periodically. YOUR CONTINUED USE OF THIS WEBSITE AFTER THE POSTING OF ANY CHANGE IN THE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE TO BE BOUND BY ANY SUCH CHANGES.

In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you.  Please also review carefully the Privacy Policy.  This Privacy Policy is incorporated by reference into these Terms of Use.  BY ACCESSING OR USING THE SERVICES, YOU ARE ALSO SIGNIFYING YOUR ACKNOWLEDGEMENT AND AGREEMENT TO OUR PRIVACY POLICY.

2.                  INTELLECTUAL PROPERTY

The Services and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both.  Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Services are owned by us, our licensors, or both.  Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Services or any Service Content.  Any rights not expressly granted in these Terms of Use are expressly reserved.

3.                  SERVICES ACCESS AND USE

(A)             Access to the Services including, without limitation, the Service Content is provided for your information and personal, non-commercial use only.  When using the Services, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law.  Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner.  By way of example, you do not have the right to copy, share or redistribute any of our news articles except as we may expressly allow via written statements on the Services or functionality we include on the Services (e.g., functionality that may allow you to share articles on social networking platforms). In certain instances, we may allow you to embed our video player into a third-party website.  Furthermore, in certain instances, we may permit you to download or print Service Content or both.  In such a case, you may download or print (as applicable) one copy of Service Content for your personal, non-commercial use only.    You acknowledge that you do not acquire any ownership rights by downloading or printing Service Content.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.

(B)              Furthermore, except as expressly permitted in these Terms of Use, you may not:

(i)                 remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Services or Service Content;

(ii)               circumvent, disable or otherwise interfere with security-related features of the Services including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services or Service Content;

(iii)             use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Services or Service Content for any purpose without our express written permission.  Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Service Content from the Services for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Service Content that is available to the public.  We reserve the right to revoke this permission (generally or specifically) at any time;

(iv)             collect or harvest any (including through the use of automated means such as harvesting bots, robots, spiders, scrapers, etc.) personally identifiable information from the Services including, without limitation, user names, passwords, or email addresses; 

(v)               solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

(vi)             attempt to or interfere with the proper working of the Services or impair, overburden, or disable the same;

(vii)           decompile, reverse engineer, or disassemble any portion of any the Services;

(viii)         use network-monitoring software to determine the architecture of or extract usage data from the Services;

(ix)             encourage, or engage in, conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below) without permission);

(x)               violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

(xi)             engage in any conduct that restricts or inhibits any other user, person or entity from using or enjoying the Services, including without limitation, harassing, stalking or otherwise abusing another user, or transmitting or otherwise making available any content that is false, harmful, threatening, disparaging, vulgar, obscene or is otherwise objectionable (as determined by Company in its sole discretion).

(C)              You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

(D)            Subject to these Terms of Use, you are granted a limited license to access and use the Services and Service Content for personal and non-commercial use only that is lawful and in accordance with this Agreement.  Any use of the Services and/or Service Content, other than as specifically authorized by these Terms of Use, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited, will constitute a violation of these Terms of Use, and will automatically and immediately terminate all licenses granted by Company herein.  Such unauthorized use might also violate applicable laws, including copyright or trademark laws.

4.                  USER REGISTRATION

(A)             In order to access or use some features of the Services, you may have to become a registered user.  If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.

(B)               If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information.  During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Services not available to non-registered users.  You are responsible for safeguarding and maintaining the confidentiality of your Membership.  You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity.  You agree to notify us immediately at insert email address of any breach of security or unauthorized use of your Membership.

5.                  USER CONTENT

(A)             We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Services (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”) through forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Service.  Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content.  We do not guarantee any confidentiality with respect to User Content even if it is not published on the Services.  It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

(B)              You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(C)              You will not submit any User Content that:

(i)                 violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

(ii)               impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;

(iii)             encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

(iv)             is an advertisement for goods or services or a solicitation of funds;

(v)               includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

(vi)             contains a formula, instruction, or advice that could cause harm or injury;

(vii)           is a chain letter of any kind; or

(viii)         is excessively repetitive or otherwise an attempt to circumvent character limits. 

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted.

(D)             By submitting User Content to us, simultaneously with such posting, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our successors, parents, subsidiaries, and their related companies.  We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Services and these Terms of Use.

(E)              By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.  Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

(F)               We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.  You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

(G)             We have the right, but not the obligation, to monitor User Content.  We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

(H)            We do not control or endorse any User Content and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content.  User Forums are by design public, and you understand that the uploading to and/or posting of User Content any information to the User Forums shall not be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of the User Content posted.  You are fully and solely responsible for your User Content.  You understand that any User Content you post must be owned and/or created by you or you must have permission to upload, post, transmit, or share.

6.                  SERVICE CONTENT & THIRD-PARTY LINKS

(A)             We provide the Services including, without limitation, Service Content for educational, informational, entertainment and promotional purposes only.  By accessing or linking to the Services, you assume the risk that the information on the Services may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.  You may not rely on any information and opinions expressed on any of our Services for any other purpose.  In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Service Content.  Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

(B)              In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party.  We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Services by anyone other than authorized employees or spokespersons while acting in their official capacities.

(C)              Any health-related information that may be posted is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any such health-related statements found on the Services or in any third-party sites referenced in the Services. This information should be treated as general in nature which may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.

(D)             If there is a dispute between persons accessing the Services or between persons accessing the Services and any third party, you understand and agree that we are under no obligation to become involved.  If there is such a dispute, you hereby release Company and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

(E)              The Services may contain links to other websites maintained by third parties.  We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites.  You assume sole responsibility for your use of third-party links.  We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.  If you choose to access any third-party site (including any links), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review.  The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

(F)             We may also display advertisements for the goods and services of a third party on the Services, including in connection with co-promotions, sponsorships and other similar partnership arrangements.  We do not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the Services.  We will not be a party to or in any way responsible for monitoring any transaction between you and any third-party.

7.                  PHONE CALLS AND MOBILE MESSAGES; AUTOMATIC-RENEWAL TERMS

(A)               You may subscribe for certain Services for us to call or send you text messages (such as for notice of weather-related conditions) (the “Communication Services”).  By subscribing for any such Communication Service, you represent and warrant that you are the lawful owner of the phone or device that will receive the call or text message.  If your contact information changes, you will immediately notify us of your new contact information.

(B)              The Communication Services may not be available at all times and in all areas.  Neither Company nor its affiliates are responsible for phone calls or text messages that you do not receive for any reason.

(C)              You acknowledge we may call you or send you a text message at any time as part of the Communication Services and there is neither a minimum nor a maximum number of calls or text messages you may receive as part of the Communication Services and the frequency may vary depending on your settings.  You consent to us calling or sending you text messages as part of the Communication Services.

(D)              Standard call and message rates may apply from your mobile or wireless device carrier for calls or text messages you receive, notwithstanding any payment you may make to Company for the Communication Services.

(E)             You may cancel the Communication Services at any time through the process described for any such Communication Services, but Company will not refund any portion of previously-paid subscription fees.  Company will provide you with the Communication Services during the initial term described at the time of purchase for such Communication Service and, until you cancel such Service, for subsequent renewal terms equal to the period of the initial term.

(F)             COMMUNICATION SERVICES AUTOMATICALLY RENEW AND WE WILL CONTINUE TO PROVIDE THEM UNTIL YOU CANCEL SUCH SERVICES.  YOU HEREBY AUTHORIZE COMPANY TO CHARGE THE CREDIT CARD THAT YOU HAVE PROVIDED FOR THE COMMUNICATION SERVICES FOR THE INITIAL TERM OF THE COMMUNICATION SERVICES AND ANY RENEWAL TERMS.  THE COMMUNICATION SERVICES WILL AUTOMATICALLY RENEW FOR THE PERIODS SET FORTH AT THE TIME OF PURCHASE (E.G., MONTHLY OR ANNUALLY).  YOU MAY CANCEL THE COMMUNICATION SERVICES AT ANY TIME BY CONTACTING US AT Insert email address WITH THE SUBJECT “CANCELLATION REQUEST.”  THERE WILL BE RECURRING CHARGES IN THE AMOUNT INITIALLY SET FORTH AT THE TIME OF PURCHASE, BUT SUCH AMOUNT MAY CHANGE IN THE FUTURE.  THE MINIMUM PURCHASE OBLIGATION IS THE PRICE OF THE COMMUNICATION SERVICES.  IF THERE IS A MATERIAL CHANGE TO THE AUTOMATIC-RENEWAL TERMS, COMPANY WILL NOTIFY YOU OF THE CHANGE AND PROVIDE YOU WITH DETAILS ABOUT CANCELLING THE COMMUNICATION SERVICES.

8.                  INDEMNIFICATION

You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:  (i) your access to or use of the Services; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. 

9.                  DISCLAIMERS

(A)       YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:  (I) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES OR SERVICE CONTENT; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR ACCESSED THROUGH THE SERVICES; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (VI) WARRANTIES THAT YOUR USE OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (VII) WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.

(B)       CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SERVICES PRIOR TO EXECUTING A STOCK TRADE OR MAKING OTHER FINANCIAL DECISIONS.  NEITHER COMPANY NOR ITS INFORMATION/CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED OR ACCESSIBLE VIA THE SERVICES.

10.                  LIMITATION ON LIABILITY

(A)             UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THESE TERMS OF USE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE SERVICE CONTENT IS TO STOP USING THE SERVICES.   SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SERVICES.

(B)              NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY COMPANY DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C)              In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

11.              TERMINATION

(A)             We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Services for any reason including, without limitation if you have failed to comply with these Terms of Use.  You agree that we are not liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Services.

(B)              Any suspension or termination shall not affect your obligations to us under these Terms of Use.   The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the “MISCELLANEOUS” provisions below.

12.              COPYRIGHT POLICY

(A)             We respect the intellectual property rights of others and expect users to do the same.  In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others.  Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Services that may be infringing or the subject of infringing activity.

(B)              In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).  Our Designated Agent is:

David M. Giles, Deputy General Counsel; The E.W. Scripps Company; 312 Walnut Street, Suite 2800, Cincinnati, OH 45202; (513) 977-3000; dave.giles@scripps.com.

(C)              If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

(i)                 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)               Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii)             Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv)             Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v)               A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi)             A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

13.              CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws rules.  Any legal proceedings against Company that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state and federal courts located in Nashville, Tennessee and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

14.              DISPUTE RESOLUTION

(A)           Each party agrees to first contact the other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by sending notice to:  Insert name and address.   We will contact you based on the contact information you have provided us.

(B)           If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section.  The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

(C)       Each party agrees that any claim or dispute between such parties, and any claim by either party against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

(D)           Each party is entering into this arbitration agreement in connection with a transaction involving interstate commerce.  Accordingly, this arbitration agreement and any resulting proceedings shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(E)           Exception to Arbitrate. Either party may bring qualifying claims in small claims court. Further, pursuant to the “NO CLASS ACTIONS” section below, each party agrees that any arbitration will be solely between you and Company, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this NO CLASS ACTION restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the classwide dispute must be brought in court.

15.              NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, COMPANY AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16.               NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

17.              AMENDMENT; ADDITIONAL TERMS

(A)             We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Services or to modify these Terms of Use.  In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Services generally, unique parts of the Services, or both (“Additional Terms”).  Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use.  To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B)              Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Services or by notification by email or conventional mail.  It is your responsibility to review the Terms of Use and the Services from time to time for any changes or Additional Terms.  Your access and use of any the Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same.  If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Services and, if applicable, terminate your Membership.

18.              MISCELLANEOUS

(A)             No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

(B)              Except where specifically stated otherwise (e.g., the “Exception to Arbitrate” provision above), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.  So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

(C)              These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

(D)             You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.  Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.  We may assign these Terms of Use or any rights hereunder without your consent and without notice.