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Terms and Conditions

Website Terms and Conditions of Use

1. Terms of Use

By accessing The Lane Thomas Foundation website (the "Website"), you are agreeing to be bound by all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree with any of these Terms of Use, you are prohibited from using or accessing this Website. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. Limited Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on this Website for personal, non-commercial transitory viewing only. This is the grant of a license and not a transfer of title. Under this license you may not:

i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on this Website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Lane Thomas Foundation at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Proprietary Rights

You acknowledge and agree that all content and materials available on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by The Lane Thomas Foundation, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The Lane Thomas Foundation is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website is strictly prohibited without the express written permission of The Lane Thomas Foundation. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact: support@lanethomas.org.

4. Disclaimer of Warranties

THE MATERIALS, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THIS WEBSITE (THE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE LANE THOMAS FOUNDATION MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE LANE THOMAS FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS WEBSITE; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability

IN NO EVENT SHALL THE LANE THOMAS FOUNDATION OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE LANE THOMAS FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LANE THOMAS FOUNDATION'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

6. Viruses

Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by such hazards.

7. Indemnification and Force Majeure

Neither The Lane Thomas Foundation nor any independent provider/transmitter of information shall be liable in any way, and you agree to indemnify and hold harmless The Lane Thomas Foundation and its subsidiaries, other affiliated companies, the independent providers/transmitters and all employees, contractors, officers, and directors thereof (the "Indemnitees") for (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of this Website as well as any such inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.

8. Severability and Integration

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and The Lane Thomas Foundation with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and The Lane Thomas Foundation with respect to this Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

9. Notices and Procedure for Making Claims of Copyright Infringement

We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through this Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to your Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

FOR COPYRIGHT NOTICES ONLY
Copyright Agent:

Grayson J. Derrick
Baird Holm LLP
1700 Farnam Street
Suite 1500
Omaha, NE 68102-2068
www.bairdholm.com

10. Termination

The Lane Thomas Foundation reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.

11. International Use

The Lane Thomas Foundation makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

12. Revisions and Errata

The materials appearing on this Website could include technical, typographical, or photographic errors. The Lane Thomas Foundation does not warrant that any of the materials on this Website are accurate, complete, or current. The Lane Thomas Foundation may make changes to the materials contained on this Website at any time without notice. The Lane Thomas Foundation does not, however, make any commitment to update the materials.

13. Links and Third-Party Sites

The Lane Thomas Foundation has not reviewed all of the sites linked to this Website and is not responsible for the contents of any such linked site. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of The Lane Thomas Foundation, and you acknowledge that The Lane Thomas Foundation is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any link does not imply endorsement by The Lane Thomas Foundation of the site. Use of any such linked website is at the user's own risk.

14. Site Terms and Conditions Modifications

The Lane Thomas Foundation may revise these terms of use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Use.

15. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in the State of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.