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Terms of Use, Disclaimer and Privacy Policy

DUI NEWS BLOG TERMS OF USE, DISCLAIMER AND PRIVACY POLICY

Terms of Use

By accessing or using the DUI News Blog (“Blog”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully as well as the Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Disclaimer, you must immediately terminate use of the Blog.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Blog conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use/read the Blog and the Blog Content (as defined below, Section 9) for your noncommercial personal use and for no other purpose. DUI News Blog reserves the right to bar, restrict or suspend any user’s access to the Blog, and/or to terminate this license at any time for any reason. DUI News Blog reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive DUI News Blog’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Blog, any Blog Content (as defined below, Section 9), or any portion thereof. Further, you may not (i) use the Blog for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Blog, including Blog Content; (ii) interfere with the proper working of the Blog including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Blog.

3. Your Acceptance; Revisions to Terms of Use. The Blog is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the DUI News Blog regarding your use and access to the Blog. By using/accessing the Blog you agree to the Terms of Use.

DUI News Blog reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Blog. Your use of the Blog signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Blog. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 18, shall apply to a controversy or claim of which you had actual notice on or before the date of any such revision.

4. Blog Policies; Additional Terms and Conditions. DUI News Blog’s Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Blog (collectively “Additional Terms and Conditions”) are incorporated herein by reference. For instance, the Terms of Use for the Blog, which allow users to post comments, will apply to users of those services in addition to these Terms of Use.  To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of the Blog you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

6. Personal Login Information. Certain features and areas of the Blog may be available only with registration, login, and/or a subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer.  Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. DUI News Blog is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the DUI News Blog immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

7. Privacy Policy. For information about DUI News Blog’s data protection practices and DUI News Blog’s use and protection of your personal information, please read DUI News Blog’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

8. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Blog and not interfere with the use and enjoyment of the Blog by other users or with DUI News Blog’s operation and management of the Blog. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, DUI News Blog reserves the right to terminate your access and use of the Blog. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Blog, or defame or otherwise harm any party, including DUI News Blog and Blog Parties (as defined below, Section 17), through your use of the Blog.  DUI News Blog may, at its sole discretion and at any time, refuse, reject or delete any posts or other contributions made by the user.

9. Proprietary Rights. The content of the DUI News Blog includes, without limitation, (i) DUI News Blog trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “DUI News Blog Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Blog (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Blog Content”). Blog Content is the property of the DUI News Blog, its contributors, licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Blog Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the DUI News Blog or the owner of such content if the Blog is not the owner.  Any use of the DUI News Blog Marks without the Blog’s or owner’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Blog Content, including any such notices appearing on any Blog Content you are permitted to download, transmit, display, print, or reproduce from the DUI News Blog.

10. Disclaimer.

Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Blog is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the Blog does not guarantee the confidentiality or security of any communication or other material transmitted to or from the DUI News Blog over the Internet or other communication network. DUI News Blog shall not be obligated to correct or update the Blog or the Blog Content and shall not be liable for omissions, typographical errors, or out-of-date information, which may appear on the Blog.

No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Blog and Blog Content are for informational purposes only, and is not legal advice or a substitute for legal counsel.  Use of the website or communication through the Blog, including, but not limited to, email, electronic submission, and/or telephone communication, does not create an attorney-client relationship with any of our contributing Attorneys.

The information contained in the Blog and Blog Content may or may not reflect the most current legal developments; accordingly, information on the Blog Websites are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Blog or the Blog Content should be used as a substitute for advice of competent counsel. The materials on the Blog and Blog Content do not constitute legal advice and do not necessarily reflect the opinions of the DUI News Blog.

Third Party Information. The Blog may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Blog are those of the respective third party and not of the Blog, its affiliates or contributors. DUI News Blog makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

Opinion, Accuracy and Copyright Disclaimer. The opinions, beliefs and viewpoints expressed by the various authors and blog participants on this web site do not necessarily reflect the opinions, beliefs and viewpoints of DUI News Blog.  DUI News Blog is not responsible for the accuracy of any of the information supplied by the authors and blog participants. Each author or blog participant is responsible for his or her own content including, but not limited to, opinions, photographs, and citations.  DUI News Blog shall not be liable for copyright or other violations that may be committed by the various authors and blog participants.  Any such violation shall be the sole responsibility of the posting contributor.

No Confidentiality. Any electronic communications transmitted through or posted to the Blog, or electronic communications sent directly to Blog Parties (e.g. email, contact form submission) are not confidential.

11. Links to Third Party Websites. The DUI News Blog may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the Blog exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Blog, you do so entirely at your own risk.

12. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Blog and/or Blog Content may not use the Blog trademark or logo and shall not suggest that the DUI News Blog promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Blog shall be the responsibility of the linking party. The Blog reserves the right to require any linking party to disable or remove any link that violates the Blog’s policies, rights or causes interruption or deterioration of Blog Content.

You may download or copy Blog Content and other downloadable items displayed on the Blog for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Blog Content for other than personal use is expressly prohibited without prior written permission from DUI News Blog or the copyright holder identified in the copyright notice contained in the Blog Content.

13. Warranties Disclaimed. THE BLOG AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER DUI NEWS BLOG, ITS AFFILIATES, CONTRIBUTORS, SUBSIDIARIES, MEMBERS, WEBSITE DESIGNER, OR SITE ENGINE OPTIMIZATION PROVIDER, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “BLOG PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE BLOG OR BLOG CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE BLOG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE BLOG WILL MEET YOUR EXPECTATIONS; OR (iv) BLOG CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE BLOG. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

14. Exclusion of and Limitation of Liability. THE BLOG PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE BLOG AND/OR ANY BLOG CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE BLOG AND/OR BLOG CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE BLOG, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE BLOG; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BLOG; (vii) FROM ANY DELAY OR FAILURE OF THE BLOG ARISING OUT OF CAUSES BEYOND DUI NEWS BLOG’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE BLOG CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE BLOG (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE BLOG OR BLOG CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE BLOG AND/OR THE BLOG CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE BLOG, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT DUI NEWS BLOG HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

15. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND DUI NEWS BLOG’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Blog Parties from and against all claims arising from or in any way related to your use of the Blog and/or Blog Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Blog and/or Blog Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. DUI News Blog will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Blog Parties other than under this Section.

17. Term and Termination. These Terms of Use will take effect at the time you begin using the Blog. DUI News blog reserves the right, with or without notice, at any time and for any reason to deny you access to the Blog or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Blog, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies and any portion of the Blog, including any Blog Content, in your possession.

18. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Knoxville, TN, U.S.A. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Tennessee and/or the United States District Court for the Eastern District of Tennessee shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. DUI News Blog reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Eastern District of Tennessee or any State of court located in Knox County, Tennessee, U.S.A.

19. Governing Law. These Terms of Use and all matters regarding your use of the Blog shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Tennessee, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

20. Waiver and Severability. The failure of DUI News Blog to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

21. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the DUI News Blog relating to the Blog and its use by you, and supersedes any previous written or oral communication regarding use of the Blog.

22. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Blog, please visit our “Contact Us” page.

23. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Blog must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

24. Use of Websites and Content outside of the United States. DUI News Blog makes no claims regarding access or use of the Blog or the Blog Content outside of the United States. If you use or access the Blog or the Blog Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

Revised March 12, 2015

 

DUI NEWS BLOG PRIVACY POLICY

The DUI News Blog (“Blog”) respects your privacy. This Privacy Policy explains how the Blog collects, uses and safeguards information on duinewsblog.org, and any other websites operated by the DUI News Blog from time to time (the “Site” or “Sites”).  This Privacy Policy applies only to information collected by the DUI News Blog through its Sites.

Changes to the Privacy Policy

We reserve the right to amend the Privacy Policy at any time, for any reason.  The date of the last revision to the Privacy Policy will be indicated by the “Last updated” date at the bottom of this page.

What information we collect and how we use it

Information we collect – When you browse the Sites and do not interact for any online service or product from the DUI News Blog, we do not collect personally identifiable information, such as your name, address, phone number or e-mail address.

When you become a registered user on our Sites or provide personally identifying information on our Sites, such as submitting a blog comment, subscribing to our blog feed, participating in online surveys, submitting questions or comments or requesting information or materials, we will retain certain personal information from you.  The type of personal information collected will vary but may include name, address, phone number, birth date, billing and delivery information, e-mail address, or other demographic information. The type of information you provide will determine the personal information that is collected.

Tracking activity on our Sites – We use your IP address, cookies and tags to track user behavior on our Sites and to make usability improvements.  We also use cookies to maintain user session identity, and, in some non-member areas, to store your username and password locally for ease of access.

  • “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Most Web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future.
  • A unique number called an IP address identifies every computer on the Internet. Each time you connect to the Internet your machine is assigned an IP address. An IP address is a number that identifies each sender or receiver of information that is sent in packets across the Internet.
  • “Tags” refer to scripts that are used to track a visitor’s activity on our Sites by web analytics software.  A visitor’s activity is anonymous if he/she is not logged in.  If she/he has logged in using their username and password, additional information is passed through these tags.  Tags are used for, but not limited to, determining effectiveness of the Sites design, information architecture, and consumption of information and services provided via the Sites.

How we use personal information – Once collected, we may use your personal information (except for e-mail address, which is described below) for the following purposes:

  • Register you for services you have requested
  • Process, fulfill and follow up on your questions or other requests
  • Answer your e-mails or on-line requests
  • Send information that you requested
  • Ensure the Sites are relevant to your needs
  • Communicate general substantive information about the DUI News Blog.

E-mail Policy – Your e-mail address will only be used within the DUI News Blog and its contributors and entities. We do not sell or rent e-mail addresses to anyone outside the DUI News Blog.  For some e-mail messages distributed by the DUI News Blog and its entities, specific information on recipient response is collected. For example, we sometimes review how many recipients open and subsequently choose to click through to links provided in an e-mail message. We use this information only for the purposes of analyzing areas of interest, improving our services and enhancing the usefulness of our Sites for our users and visitors. None of this information is sold or distributed outside of the DUI News Blog in any manner.

With whom we may share information – The DUI News Blog may share personal information with our business associates in order to provide them an opportunity to offer products or services that may be of interest to you. The DUI News Blog also occasionally hires other companies to provide limited services on our behalf including, but not limited to, packaging, mailing and delivering purchases and promotional offers, answering customer questions about products or services, consulting services, data modeling, printing, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service.

The DUI News Blog may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on the DUI News Blog or its contributors; (b) protect and defend the rights or property of DUI News Blog or its contributors; or (c) protect the personal safety of DUI News Blog or its contributors  or members of the public in urgent circumstances.

Children 

We do not knowingly solicit data online from or market online to children under the age of 13.

 No guarantee

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, the DUI News Blog cannot guarantee or warrant the security of any information you transmit to us, or to or from our online materials or services.  Similarly, like any electronic communications transmitted over the internet, electronic communications sent to the DUI News Blog or our contributors (e.g. email, contact form submission) are not confidential.

 Linking to other Internet sites 

You should be aware that other Internet sites that are linked from the Sites or from a DUI News Blog e-mail message may contain privacy provisions that differ from the provisions of this Internet Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of other Internet sites you visit from the DUI News Blog.

Last updated January 6, 2012