Terms and Conditions of Use

Legal terms for accessing and using TheOzarks.com.

TheOzarks.com, operated by Ozark Publications, offers a wide range of products and services ("Materials" or "Services") via this website. Please review the following terms that govern your use of the Site. Your use of this website constitutes your agreement to follow and be bound by these Terms and Conditions.

ATTENTION: This Site and these Terms and Conditions may be changed by Ozark Publications with or without notice. Please review this link regularly for updates. Continued use of the website following any change constitutes your acceptance of the change.

Terms and Conditions

All information and services on this website (including the underlying HTML source files that implement hypertext features) may be used solely under the following Terms and Conditions. Ozark Publications, the parent company of TheOzarks.com, may revise these Terms and Conditions at any time by updating this posting. Your continued use of TheOzarks.com constitutes your binding and continued acceptance of these Terms.

Use of Materials

The contents of this Site—including text, graphics, images, logos, button icons, HTML code, software, intellectual property, and other Materials—are the property of TheOzarks.com, its content suppliers, or clients, and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is equally protected.

Use of the Site’s Materials on any other website or networked computer environment, or for any other purpose, is strictly prohibited and may violate copyright, trademark, and other laws. You may view, print, and/or download one copy of the Materials from this Site on any single computer solely for personal, informational, non-commercial use within your organization, provided all copyright and proprietary notices remain intact. Materials from this Site may not be stored in any information storage or retrieval system without prior written permission from TheOzarks.com.

Privacy Policy

Any personally identifying information you provide during registration is governed by the terms of our Privacy Policy.

User Submissions and Conduct

As a user, you are responsible for your own communications and the consequences of their posting. You acknowledge that any reliance on material posted by other users is at your own risk. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials publicly posted or privately transmitted are the sole responsibility of the originator.

You also permit other users to access, view, store, and reproduce such content for personal use.

When you post a listing, upload a file, or otherwise provide material for display on the website, you grant TheOzarks.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub-license, adapt, transmit, publicly perform, or display such communication. Hyperlinks contained in user-submitted postings will be disabled when published on the Site.

You must not, and by using this website you agree not to:

1. Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or person

2. Post sexually explicit images or statements

3. Post chain letters or pyramid schemes

4. Impersonate another person, including a TheOzarks.com representative, or misrepresent your affiliation

5. Post material containing viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful code

6. Post or transmit material you do not have the right to share under law or contract

7. Post or transmit unsolicited advertising, spam, or promotional materials

8. Post copyrighted material without permission, trade secrets you don’t own, or content that infringes on intellectual property or privacy rights

9. Harm minors in any way

10. Stalk or engage in conduct that harasses others

User Information

The Site acts as a passive conduit for the online distribution and publication of user-submitted information. Ozark Publications has no obligation to screen communications or information in advance and is not responsible for monitoring material posted by users. If notified of communications that allegedly violate these Terms and Conditions, Ozark Publications may investigate and determine, at its sole discretion, whether to remove or request removal of the content. Ozark Publications assumes no liability or responsibility to users for performance or nonperformance of such actions. The Company may take any action it deems necessary or appropriate with respect to user-submitted information if it believes such content may create liability or jeopardize services from its ISPs or other suppliers.

To use certain features of the Site, you must register with TheOzarks.com and create a username and password through the Site’s registration process. You agree (a) to provide true, accurate, current, and complete information about yourself, and (b) to maintain and promptly update that information. You are responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or breach of security, and to log out at the end of each session. Ozark Publications cannot and will not be liable for any loss or damage resulting from your failure to protect your account credentials. If you provide—or if TheOzarks.com has reasonable grounds to believe you have provided—false, inaccurate, outdated, or incomplete information, TheOzarks.com reserves the right to suspend or terminate your access.

To use the Site’s services, you must provide a valid email address. In addition to any terms outlined in our Privacy Policy, you understand and agree that Ozark Publications may disclose certain aggregate registration data to third parties on an anonymous basis. We will not disclose your name, address, email, or phone number without your prior consent, except as required by law or in legal proceedings. Ozark Publications reserves the right to offer third-party services and products based on preferences you identify during registration or thereafter; such offers may be made by TheOzarks.com or by third parties. Please refer to our Privacy Policy for further details.

All communications from you to this Site will be considered non-confidential and non-proprietary. You agree that any comments, feedback, or ideas regarding Ozark Publications, TheOzarks.com, or its services will be deemed the property of Ozark Publications. The Company shall have full rights of ownership, including the unrestricted right to use or disclose such feedback in any form, medium, or technology—now known or developed later—for any purpose, commercial or otherwise, without compensation.

Termination and Agreement Components

Ozark Publications reserves the right, at its sole discretion, to pursue all legal remedies to delete your postings or terminate your registration with TheOzarks.com if any Terms and Conditions are violated. If the Company is unable to verify or authenticate any information you submit, your registration may be terminated without prior notice or liability.

You agree not to misuse or share your TheOzarks.com username or password. Violations of these obligations may result in prosecution.

Linking

The Site contains links to other websites for your convenience. TheOzarks.com is not responsible for the availability, content, or accuracy of these external resources. Inclusion of a link does not imply endorsement or association. Ozark Publications disclaims responsibility for any loss or damage resulting from your use of or reliance on third-party content, goods, or services. Accessing third-party sites is at your own risk. Concerns about external sites should be directed to their respective administrators.

You may link only to the homepage of TheOzarks.com, provided that:

(a) you do not remove or obscure any portion of the Site, including advertisements, copyright notices, or other legal notices;

(b) you notify TheOzarks.com of the link; and

Ozark Publications disclaims all warranties, express or implied, regarding linked sites—including but not limited to accuracy, ownership, validity, or legality of content.

Copyright and Trademark Notice

The trademarks, service marks, and logos of TheOzarks.com and others used on this website ("Trademarks") are the property of TheOzarks.com and their respective owners. You have no right to use any such Trademarks, and nothing contained on this website or in these Terms and Conditions grants any right to use (by implication, waiver, estoppel, or otherwise) any Trademarks without prior written permission from TheOzarks.com or the respective owner.

Limitation of Liability

TheOzarks.com, operated by Ozark Publications, serves as an information center. It does not screen or censor submitted postings and is not involved in the actual transactions or decisions of its users. As a result, Ozark Publications has no control over the quality, safety, legality, truth, or accuracy of posted information. Conducting business online carries inherent risks—including, but not limited to, physical harm, interactions with strangers, underage individuals, or those acting under false pretenses. Information submitted by others may be offensive, harmful, inaccurate, or deceptively labeled. Users are expected to exercise caution and common sense when using the site. By using TheOzarks.com, you assume all risks associated with interacting with other users.

The Site’s content may contain inaccuracies, outdated information, or typographical errors. Ozark Publications makes no representations about the accuracy, reliability, completeness, or timeliness of posted content. Use of the Site and its content is at your own risk. Changes may be made at any time, and Ozark Publications expressly disclaims any obligation to update posted content.

Ozark Publications does not warrant that the website will operate error-free or that the Site and its server are free of viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data, Ozark Publications is not responsible for those costs.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OZARK PUBLICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OZARK PUBLICATIONS MAKES NO WARRANTY THAT:

(i) THE SERVICE WILL MEET YOUR REQUIREMENTS;

(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(iii) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE;

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;

(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO INFORMATION OBTAINED BY YOU FROM THEOZARKS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OZARK PUBLICATIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES—INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)—RESULTING FROM:

(i) USE OR INABILITY TO USE THE SERVICE;

(ii) COST OF SUBSTITUTE SERVICES;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY;

(v) ANY OTHER MATTER RELATING TO THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability for incidental or consequential damages.

IF YOU ARE DISSATISFIED WITH ANY MATERIALS, PRODUCTS, OR SERVICES PROVIDED BY THEOZARKS.COM, OR WITH ANY OF THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnification

Your use of TheOzarks.com constitutes your agreement to defend, indemnify, and hold harmless Ozark Publications, its employees, contractors, officers, directors, and affiliated companies from any claim or demand (including reasonable attorneys’ fees) arising from your use or misuse of the Site, or by a third party using your account credentials.

Applicable Laws

All matters related to your access and use of this Site are governed by the federal laws of the United States and the laws of the State of Missouri. These Terms are governed by the internal substantive laws of Missouri, without regard to conflict of law principles. Disputes shall be subject exclusively to the jurisdiction of the federal or state courts of Missouri, with venue in Taney County, Missouri, USA.

If any provision of these Terms is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Ozark Publications makes no claims that the Site’s content may be lawfully viewed or downloaded outside the United States. Accessing the Site from outside the U.S. is at your own risk, and you are responsible for compliance with local laws. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or your country of residence.

General

EXCEPT AS EXPRESSLY PROVIDED IN ADDITIONAL AREAS OF THE SITE, THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND OZARK PUBLICATIONS REGARDING USE OF THE SITE. REVISIONS TO THESE TERMS SHALL BE ANNOUNCED IN THIS DOCUMENT. IF THESE TERMS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE.

For questions regarding these Terms and Conditions, please contact TheOzarks.com.

User Information

The Site acts as a passive conduit for the on-line distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified of communications, which allegedly do not conform to the Terms and Conditions, the Company may investigate and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

To use certain features of the Site, you must register with TheOzarks.com and create a username and password through the Site's registration process. You agree (a) to provide true, accurate, current, and complete information about yourself, and (b) to maintain and promptly update the information you provide. You are responsible for maintaining the confidentiality of your password and account information and are responsible for all activities 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. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. If you provide or TheOzarks.com has reasonable grounds to believe you have provided untrue or inaccurate information or not current or incomplete information, TheOzarks.com has the right to suspend or terminate your access.

In order to use the Site's services, you will be required to provide a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by TheOzarks.com or by third parties. Please see our Privacy Policy for further details regarding your account information.

All communications from you to this Site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to TheOzarks.com will be deemed the property of the Company and the Company shall be entitled to full rights of ownership, including, without limitation, unrestricted right to use or disclose such feedback in any form, medium or technology known now or developed later, and for any purpose, commercial or otherwise, without compensation.

Termination and Agreement Components

TheOzarks.com reserves the right, at its sole discretion, to pursue all its legal remedies to delete your postings from this Site, to immediately terminate your registration with this Site if any of the Terms and Conditions are violated. In addition, if the Company is unable to verify or authenticate any information you submit to the Site your registration can be terminated. Termination may occur without prior notice or liability

You will not misuse or share your username/password for TheOzarks.com. If you are in violation of your obligations under the Terms and Conditions, you may be subject to prosecution.

Linking

The Site contains links to other sites as a convenience to you. TheOzarks.com is not responsible for the availability of these outside resources or their contents. The inclusion of such a link does not imply endorsement of the site or its contents or any association with its operators. TheOzarks.com is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall TheOzarks.com be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use or reliance on any content, goods, or services available on such third-party sites. If you decide to access linked third-party web sites, you do so at your own risk. Any concerns regarding any third-party web site should be directed to its respective site administrator or webmaster. TheOzarks.com reserves the right to terminate any link or linki

You may provide links only to the homepage of TheOzarks.com, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the Site or the advertisements, the copyright notice, or other notices on this site, (b) you give TheOzarks.com notice of such link by contacting us and (c) you discontinue providing hot links to TheOzarks.com if notified by the Company or TheOzarks.com, Inc.

TheOzarks.com disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.

Copyright and Trademark Notice

The trademarks, service marks and logos of TheOzarks.com and others used in this web site ("Trademarks") are the property of TheOzarks.com and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms and Conditions of Use grants any right to use (by implication, waiver, estoppels or otherwise) any Trademarks without the prior written permission of TheOzarks.com or the respective owner.

Limitation of Liability

TheOzarks.com is merely an information center. TheOzarks.com does not screen or censor the submitted postings. Further, the Company is not involved in the actual transaction or decisions of its users. As a result, the Company has no control over the quality, safety or legality of the posted information, the truth or accuracy of the listings. There are risks involved in conducting business through the Internet, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. By its very nature, other people's information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this web site. By using TheOzarks.com you assume all risks associated with dealing with other users with whom you come in contact through the web site.

The Site's content may contain inaccuracies, out-of-date information, or typographical errors. TheOzarks.com makes no representations about the accuracy, reliability, completeness, or timeliness of the posted information. The use of the Site and its content is at your own risk. Changes are periodically made to the Site and may be made at any time. TheOzarks.com makes no commitment and expressly disclaims any duty to update any of the posted content on this Site.

TheOzarks.com does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEOZARKS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THEOZARKS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO INFORMATION OBTAINED BY YOU FROM THEOZARKS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THEOZARKS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TheOzarks.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY TheOzarks.com MATERIALS, PRODUCTS OR SERVICES OR WITH ANY OF TheOzarks.com TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THEOZARKS.COM.

Indemnification

Your use of the TheOzarks.com web site constitutes your agreement to defend, indemnify and hold harmless TheOzarks.com, Inc. (including its' employees, contractors, officers and directors), as well as its affiliated companies, from any claim or demand (including reasonable attorneys' fees), arising out of your use or misuse of the Site or the use or misuse of the Site by a third party using your password.

Applicable Laws

The federal laws of the United States and the laws of the State of Missouri shall govern all matters relating to your access and use of this Site. These Terms and Conditions are governed by the internal substantive laws of Missouri, without respect to its conflict of laws principles Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Missouri and venue shall rest solely in Taney County, Missouri, USA.

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside or access this site.

General

EXCEPT AS EXPRESSLY PROVIDED IN ADDITIONAL AREAS OF THE SITE THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO ITS USE. REVISIONS TO THESE TERMS AND CONDITIONS SHALL BE IMMEDIATELY ANNOUNCED IN THIS DOCUMENT. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

If you have any questions regarding the Terms and Conditions for this website, please contact TheOzarks.com.