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This Site is made available to you, subject to the following Terms of Service ("TOS"), which may be updated or modified from time to time without notice to you. The Site reserves the right to change the TOS at any time in its discretion and to notify users of any such changes solely by changing the TOS. Your continued use of any portion of the Site after the posting of any amended TOS shall constitute your agreement to be bound by any such changes. In addition, when using particular features of the Site, you shall be subject to any posted guidelines or rules applicable to such features which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by this reference into the TOS. Any new features later added to the Site that augment or enhance the current Site shall be subject to the TOS. References in the TOS to TheIndependent.com include the Grand Island Independent newspaper (the “Newspaper”), its parent, subsidiary and affiliate companies. The “Site” refers to the TheIndependent.com website, and all such pages, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials and content on the Site.
You understand and agree that the Site is provided "AS-IS" and that the owners and operators of the Site assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device, and you assume the entire cost of all necessary maintenance or repair relating to such equipment.
2. COPYRIGHT AND COPYRIGHT COMPLAINTS
All information,
content, services
and software
displayed on,
transmitted
through, or
used in connection
with the Site,
including but
not limited
to news articles,
reviews, directories,
guides, text,
photographs,
images, illustrations,
audio clips,
video, html,
source and
object code,
trademarks,
logos, and
the like, as
well as its
selection,
layout and
arrangement
(collectively,
the "Content"),
is owned by
the Newspaper,
and its affiliated
companies,
licensors and
suppliers.
The Newspaper,
its affiliated
companies,
licensors and
suppliers,
exclusively
own all right,
title and interest
(including
but not limited
to all copyright
interest) to
such Content,
with All Rights
Reserved. You
may use the
Content solely
for your occasional
personal, non-commercial
use, provided
you do not
remove any
trademark,
copyright or
other notice
from such Content.
No other use
is permitted
without our
prior written
permission.
The permitted
use described
in this Paragraph
is contingent
on your compliance
at all times
with the TOS.
You must abide
by all additional
copyright notices,
information,
or restrictions
contained in
any Content
accessed through
the Site.
The Site has been specially designed
for presentation of Content in
a unique format and appearance
to our users. We are concerned
about the integrity of our Site
when it is viewed in a setting
created by a third party that
includes advertising or other
materials that we have not authorized
to be displayed with our Site.
Without limiting the provisions
of the above paragraph, neither
you nor any third party shall
make use of the Content in any
manner that constitutes an infringement
of our rights, including copyright.
You may not, for example,
republish any portion of the
Content on any Internet, Intranet
or extranet site or incorporate
the Content in, or use the Content
to construct any database, compilation
or archive. You may not modify,
sell, publish, transmit, display
or otherwise use in any public
or commercial manner any portion
of the Content. You may not frame
or utilize framing techniques
that involve any Content or portion
of the Site or suggest any relationship
between our Site and you without
our express written consent.
You may not scrape our Content
or Site. You agree not to: decompile,
reverse engineer or disassemble
any software or other products
or processes accessible through
the Site, or insert any code
or product or manipulate the
Content or Site in any way that
affects the user's experience,
or use any data mining, data
gathering, or data mining extraction
method with respect to the Content
or Site, or use any cancelbots
or Trojan horse in connection
with your use of the Site.
Requests to use Content for any purpose other than as permitted in the TOS must be directed to Grand Island Independent, Attn. Web Department,422 West 1st Street Grand Island, NE (308) 382-1000, webmaster@ TheIndependent.com. If you do not seek and obtain such authorization, you should assume no third party has the right to allow you to use the Content.
We have registered an agent with the United States Copyright Office to receive notice of a claimed copyright infringement in accordance with the terms of the Digital Millennium Copyright Act (the “Act”). The Site avails itself of all of the protections under the Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide written notice of all necessary information relating to the alleged infringement to our designated Copyright Agent, 1334 Dodge Street, Omaha, NE 68102, fax no. (402) 345-9115, copyrightagent@owh.com. This contact information is only for good faith suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site.
3. USER SUBMISSION
Should you send the Site any materials, ideas, or content of any nature, including but not limited to photographs and documents (collectively, “User Submission”), you do so with the understanding no additional consideration of any sort will be provided to you, and you are hereby waiving any claim against the Site, its owners, operators and their affiliates and related entities regarding the Use (as defined below) of any User Submission.
For any User Submission, you hereby grant the Site, its owners, operators and their affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such User Submission (or any part thereof), in any form, media, software or technology of any kind now existing or developed in the future (collectively, “Use”). Without limiting the generality of the previous sentence, you hereby authorize the Site to share any User Submission in whole or in part with all affiliated companies and web sites, to include any User Submission in whole or in part in a searchable format accessible by users of the Site and other companies and web sites, and to use in our discretion your name and any other information in connection with any Use of any User Submission you provide. You also hereby grant the Site and its owners, operators and their affiliates the right to Use any material, information, ideas, concepts, know-how or techniques contained in any User Submission you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
By providing any User Submission or communicating with the Site, including, for example, communication on any bulletin board, forum, message or chat area, posting any content, placing any advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to any User Submission you provide and the rights to Use it and provide it to us as provided in the TOS; (2) all information you provide is true, accurate, current and complete, and does not violate the TOS; and, (3) any Use of any User Submission provided by you will not cause injury to or violate the rights of any person or entity.
4. FEES AND PAYMENTS
The Site reserves the right at any time to charge fees for access to any portion of the Site or the Site as a whole. Such fees, if any, will be posted in appropriate locations on the Site.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. INDEMNITY
You agree to indemnify and hold the Site, its owners and operators and their affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of your access or use of the Site (including but not limited to any Content obtained through the Site), your connection to the Site, your violation of the TOS, your violation of applicable law, or any rights of another, or any User Submission provided by you to the Site (including but not limited to any subsequent Use by the Site). You shall cooperate as fully as reasonably required in the defense of any such claim.
7. NO RESALE OF SITE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
8. MODIFICATIONS
TO SITE
The
Site reserves
the right at
any time and
from time to
time to modify,
restrict, suspend
or discontinue,
temporarily
or permanently,
the Site (or
any part thereof)
with or without
notice or liability.
You hereby
agree that
the Site shall
not be liable
to you or to
any third party
for any modification,
restriction,
suspension
or discontinuance
of the Site
(nor any part
thereof). In
addition, the
Site may at
any time transfer
rights or obligations
hereunder to
any affiliate
or business
unit, or any
of their affiliated
companies or
divisions,
or any entity
that acquires
the Site or
any of its
assets.
9. TERMINATION
You agree that the Site, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if the Site believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of the TOS. You hereby agree that any termination of your access to the Site under any provision of the TOS may be effected without prior notice, and hereby acknowledge and agree that the Site may immediately deactivate or delete your account and all related information and/or bar any further access to the Site. Further, you hereby agree that the owners and operators of the Site shall not be liable to you or any third-party for any termination of your access to the Site.
14. DEALINGS WITH ADVERTISERS AND PURCHASE TRANSACTIONS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You hereby agree that the Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
During your
visit to our
Site you may
elect to engage
in a transaction
involving the
purchase of
a product such
as a newspaper
subscription,
a print or
online advertisement
or other tangible
goods and services.
To serve you
most efficiently,
credit card
transactions
and order fulfillment
are often handled
by a third
party processing
agent, bank
or distribution
institution.
While in most
cases transactions
are completed
without difficulty,
there is no
such thing
as "perfect
security" on
the Internet
or offline.
If you're concerned
about online
credit card
safety, in
most cases
a telephone
number will
be made available
so you can
call us and
place your
order by phone.
The owners
and operators
of the Site
are not responsible
or liable for
the success
or security
of transactions
undertaken
or processed
by third parties.
On occasion, a product or service
may not be available at the time
or the price as it appears in
an advertisement. In such event,
or in the event a product is
listed at an incorrect price
or with incorrect information
due to typographical error, technology
effort, error in the date or
length of publication, or error
in pricing or product information
received from our advertisers
or suppliers, you hereby agree
the Site is not responsible or
liable for such errors or discrepancies.
15. LINKS
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Site has no control over such sites and resources, you hereby acknowledge and agree that the Site is not responsible or liable for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16 TheIndependent.com’S PROPRIETARY RIGHTS
You hereby acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable copyright, intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the owners and operators of the Site or (if applicable) its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
17. DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND
AND HEREBY
AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE 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, NON-INFRINGEMENT, USAGE OF TRADE OR COURSE OF DEALING.
- THE SITE MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OR CONTENT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL REVIEWED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE SUITABLE FOR YOUR NEEDS, AND (V) ANY ERRORS IN THE CONTENT, SITE OR SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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 HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD TheIndependent.com HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
- NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- THE
SITE CONTAINS FACTS,
VIEWS, OPINIONS, STATEMENTS
AND RECOMMENDATIONS OF
THIRD PARTY INDIVIDUALS
AND ORGANIZATIONS TheIndependent.com
DOES NOT REPRESENT OR
ENDORSE THE ACCURACY,
CURRENTNESS OR RELIABILITY
OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION
DISPLAYED, UPLOADED OR
DISTRIBUTED THROUGH THE
SITE. ANY RELIANCE UPON
ANY SUCH OPINION, ADVICE,
STATEMENT OR INFORMATION
IS AT YOUR SOLE RISK.
18. LIMITATION
OF LIABILITY
YOU
EXPRESSLY UNDERSTAND
AND AGREE THAT
THE SITE SHALL
NOT BE LIABLE
FOR ANY DIRECT,
INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL,
PUNITIVE OR
EXEMPLARY DAMAGES,
INCLUDING BUT
NOT LIMITED
TO, DAMAGES
FOR LOSS OF
PROFITS, GOODWILL,
USE, DATA OR
OTHER INTANGIBLE
LOSSES (EVEN
IF TheIndependent.com
HAS BEEN ADVISED
OF THE POSSIBILITY
OF SUCH DAMAGES),
DIRECTLY OR
INDIRECTLY
ARISING FROM
OR RELATING
TO: (i) THE
USE OR THE
INABILITY TO
USE THE SITE;
(ii) THE COST
OF PROCUREMENT
OF SUBSTITUTE
GOODS AND SERVICES
RESULTING FROM
ANY CONTENT,
GOODS, DATA,
INFORMATION
OR SERVICES
REVIEWED, PURCHASED
OR OBTAINED
OR MESSAGES
RECEIVED OR
TRANSACTIONS
ENTERED INTO
THROUGH OR
FROM THE SITE;
(iii) UNAUTHORIZED
ACCESS TO OR
ALTERATION
OF YOUR TRANSMISSIONS
OR DATA; (iv)
STATEMENTS
OR CONDUCT
OF ANY THIRD
PARTY ON THE
SITE; OR (v)
ANY OTHER MATTER
RELATING TO
THE SITE. REGARDLESS
OF WHETHER
ANY REMEDY
OR WARRANTY
(IF ANY) PROVIDED
BY THE TOS
OR BY OPERATION
OF LAW FAILS
OF ITS ESSENTIAL
PURPOSE, THE
CUMULATIVE
MAXIMUM RECOVERY
AGAINST THE
SITE, ITS OWNERS,
OPERATORS,
PARENT, SUBSIDIARY
OR AFFILIATE
COMPANIES,
FOR ANY CLAIM
OF ANY NATURE
DIRECTLY OR
INDIRECTLY
RELATING TO
THE TOS, THE
SITE OR ANY
CONTENT, INCLUDING
BUT NOT LIMITED
TO ANY USE
OF, OR INABILITY
TO USE THE
SITE, OR CONTENT,
SHALL NOT EXCEED
THE FEE (IF
ANY) ACTUALLY
PAID BY THE
CLAIMANT TO
THE SITE FOR
THE SPECIFIC
ONE-TIME USE
OF THAT PORTION
OF THE SITE
OR MATERIAL
AT ISSUE. THIS
LIABILITY SHALL
BE COMPLETE
AND EXCLUSIVE.
THE PROVISIONS
CONTAINED IN
THIS PARAGRAPH
SHALL SURVIVE
ANY TERMINATION
OF THE TOS.
19. SPECIAL ADMONITION FOR CONTENT RELATING TO FINANCIAL MATTERS
If you intend to review or use the Site for information concerning companies, stock quotes, investments or securities, the phrase "Let the investor beware" is apt. The Site is provided for informational purposes only, and no Content included in the Site is intended for trading or investing purposes. The Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Site, and shall not be responsible or liable for any trading or investment decisions made based on such information.
20. TRADEMARK
INFORMATION
The
domain name
of the Site
(TheIndependent.com),
the related
name of the
Newspaper (Grand Island Independent) and logos,
and product
and service
names (collectively,
the “Marks”)
are tradenames,
trademarks
and/or intellectual
property of
the Newspaper
and/or its
subsidiaries.
Without prior
permission
of the Newspaper,
you agree not
to display
or use in any
manner, the
Marks.
21. GENERAL INFORMATION
a. The TOS constitute the entire agreement between you and the Site and govern your use of the Site, superceding any prior agreements, terms or understandings between you and the Site, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
b. The TOS and the relationship between you and the Site shall be governed by the laws of the State of Nebraska without regard to its conflict of law provisions. With respect to any claim or suit directly or indirectly relating to your use of the Site or any of the TOS, you hereby agree to accept service of process and submit to the personal and exclusive jurisdiction and venue of the courts located within Buffalo County, Nebraska, and you hereby waive any objections thereto.
c. The failure of the Site, its owners or operators, to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
d. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
e. You hereby agree that regardless of any statute or law to the contrary, any claim or cause of action directly or indirectly arising out of or related to use of the Site, Content or the TOS must be filed in a federal or state court within Buffalo County, Nebraska, within three (3) months after the earliest date on which any event, act or omission giving rise to such claim or cause of action first began or such claim shall be forever barred and you hereby agree such claim is forever waived. You and the Site hereby irrevocably waive any and all right to trial by jury directly or indirectly arising out of or relating to matters covered by the TOS or your actual or attempted use or access of the Site (including but not limited to any matters relating to Content on the Site).
f. The Site, its owners and operators shall be excused from any performance or obligation to the extent of any delay or interference by factors beyond its reasonable control, including but not limited to acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please
report any
violations
of the TOS
to webmaster@TheIndependent.com.
