Terms and Conditions
Website Terms and Conditions of Use
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
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: firstname.lastname@example.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.
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
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
Grayson J. Derrick
Baird Holm LLP
1700 Farnam Street
Omaha, NE 68102-2068
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
15. Choice of Law and Forum