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Site Use and/or Submission Policies
Town
of Medicine Bow Web Site Terms of Use and Notices
1.
THIS IS AN AGREEMENT BETWEEN YOU AND THE TOWN OF MEDICINE BOW
This
is an agreement ("Agreement") between you and the Town of
Medicine Bow ("Town"). This Agreement governs your use of
any Web site or Web page operated by the Town. You represent that you
are at years of age and have attained the age of majority in
the province, state or country in which you reside, and any
information that you submit is correct.
THE TOWN OFFERS
THE TOWN WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT
MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE TOWN WEB SITE
CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS
AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See
Sections 6, 7, and 8); AND AN EXCLUSIVE REMEDY (See Section 7). THESE
PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2.
HOW THE TOWN MAY MODIFY THIS AGREEMENT
The
Town reserves the right to change the terms, conditions, and notices
under which it offers the Town Web Site, including any charges
associated with the use of the Town Web Site. You are responsible for
regularly reviewing these terms, conditions and notices. Your
continued use of the Town Web Site after the effective date of such
changes constitutes your acceptance of and agreement to such changes.
3.
NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE TOWN WEB SITE
Except
as provided within specific areas of the Town Web Site, you will not
use the Town Web Site for commercial purposes. You will not use the
Town Web Site in any way that is unlawful, or harms the Town, its
elected and appointed officials, its officers, employees, independent
contractors, or any of the inhabitants of the Town (“Town
Parties”), as determined in the Town’s sole discretion. The Town
may tell you about certain specific harmful uses in a code of
conduct, but has no obligation to do so. You may not use the Town Web
Site in any way that breaches any code of conduct, policy or other
notice applicable to the Town Web Site. Without limiting the
generality of this section, you may not use the Town Web Site in any
manner that could damage, disable, overburden, or impair any Town Web
Site or interfere with any other party's use and enjoyment of the
Town Web Site.
4.
MATERIALS YOU POST OR PROVIDE
For
materials you post or otherwise provide to the Town related to the
Town Web Site (a "Submission"), you grant the Town
permission to (1) use, copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate and reformat
your Submission, each in connection with the Town Web Site, and (2)
sublicense these rights, to the maximum extent permitted by
applicable law. The Town will not pay you for your Submission. The
Town may remove your Submission at any time. For each Submission, you
represent that you have all rights necessary for you to make the
grants in this section. However, the submission of any material to
the Town Web Site does not grant the Town an exclusive copyright.
5.
INFORMATION AVAILABLE FROM THE TOWN WEB SITE
The
Town does not warrant or guarantee the accuracy or timeliness of any
information available from the Town Web Site. The Town does not
authorize the use of information available from the Town Web Site for
any purpose other than your personal use, and prohibit to the maximum
extent allowable the resale, redistribution, and use of this
information for commercial purposes without the express written
permission by the Town or its legally authorized representative. The
Town does not endorse or recommend any particular product or service,
including financial products or services. Nothing contained in the
Town Web Site is intended to constitute professional advice.
6.
THE TOWN MAKES NO WARRANTY
THE
TOWN PROVIDES THE TOWN WEB SITE "AS IS," "WITH ALL
FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOWN PARTIES
MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED. THE TOWN PARTIES DISCLAIM ANY AND ALL WARRANTIES OR
CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT
LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET
ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2)
WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE
OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF
THE TOWN WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
7.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN
NO EVENT WILL ANY TOWN PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS
AGREEMENT OR YOUR USE OF THE TOWN WEB SITE, EVEN IF SUCH TOWN PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF
DAMAGES UNDER SECTION 7 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND
SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR
IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS
APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER
CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT
PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE TOWN
WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU
HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TOWN PARTY WITH
RESPECT TO THIS AGREEMENT OR THE TOWN WEB SITE, THEN YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TOWN WEB SITE. NOTHING
IN THIS AGREEMENT OR OTHERWISE SHALL BE CONSIDERED AS A WAIVER OF THE
TOWN’S IMMUNITY.
8.
CHANGES TO THE TOWN WEB SITE; ADDITIONAL LIABILITY LIMITATION
THE
TOWN PARTIES MAY CHANGE THE TOWN WEB SITE OR DELETE FEATURES IN ANY
WAY, AT ANY TIME AND FOR ANY REASON. As you use the Town Web
Site, you should expect to receive, access or use information,
materials, graphics, software, data and content (collectively,
"Content") originated by the Town and persons other than
the Town Parties (any such person is referred to as a "Third
Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7,
YOU ACKNOWLEDGE AND AGREE THAT THE TOWN PARTIES ARE NOT RESPONSIBLE
OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY
INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE,
DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY
CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE
GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT THE
TOWN IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE TOWN WEB
SITE, (2) ANY INCOMPATIBILITY BETWEEN THE TOWN WEB SITE AND OTHER WEB
SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES
YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY
TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE TOWN WEB SITE IN
AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES
AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE TOWN WEB
SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 6, 7
AND 8 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY
PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
9.
TERMINATION; ACCESS RESTRICTION
The
Town may terminate this Agreement, or block your access to the Town
Web Site at any time, with or without cause, with or without notice.
Upon such action, your right to use the Town Web Site will
immediately cease. Any information submitted to the Town Web Site
may be deleted at any time, and for any reason and without any
notification.
10.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims
for enforcement, breach or violation of duties or rights under this
Agreement will be adjudicated under the laws of the State of Wyoming,
without reference to conflict of laws principles. All other claims,
including, without limitation, claims under or for violation of
consumer protection laws, unfair competition laws, and in tort, will
be adjudicated under the laws of your state of residence in the
United States, or, if you reside outside the United States, under the
laws of the country to which the subject Town Web Site is directed.
You hereby irrevocably consent to the exclusive jurisdiction and
venue of state or courts in Carbon County, Wyoming or in the federal
court for Wyoming, USA in all disputes arising out of or relating to
the Town Web Site.
11.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If
any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of this Agreement will continue
in effect. The Town may assign this Agreement, in whole or in part,
at any time with or without notice to you. You may not assign this
Agreement, or assign, transfer or sublicense your rights, if any, in
the Town Web Site. Except as expressly stated herein, this Agreement
constitutes the entire agreement between you and the Town with
respect to the Town Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between you and the Town with respect to the Town
Web Site. The section titles in the Agreement are solely used for the
convenience of the parties and have no legal or contractual
significance.
12. RESERVATION
OF IMMUNITY
The
Town of Medicine Bow, its elected and appointed officials, its
officers, employees, independent contractors, or anyone on its behalf
specifically preserve any and all immunity granted to them by the
State of Wyoming, including an immunity set forth in W.S. §
1-39-101 et seq. and nothing in this Town of Medicine Bow Web Site
Terms of Use and Notices is to be construed as a waiver of any such
immunity!
Your feedback and
suggestions are greatly
appreciated. If you see anything that needs improving, or that
fails to work for you, please let us know.
Email
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