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1. General
Welcome to The Gilbert Gazette. This web site is
offered by Helen D.
Gunderson, who founded it in May
2002 and shall be referred to as HDG. In 2006, she turned it over to
the Gilbert Main Street Association, which has dissolved. For awhile, it was
owned by Miles Moore of Consignment Gallery in Gilbert. In November 2011,
ownership was returned to Helen.
HDG offers to provide you with information and other
computer services subject to the terms of this Terms of Service agreement.
Upon notice published through the service, HDG may modify these Terms of Service at any
time. You agree to use the service in accordance with the Terms of Service.
2. Rights
This site is owned and operated by HDG and contains
material which is derived in whole or in part from her and other sources and
is protected by international copyright, trademark and other intellectual
property laws. You may not modify, republish, or distribute in any way any
material from this site including code and software. You may, however,
download material from this site or transmit material to friends and family
for your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices
3. License
By posting messages, uploading files, inputting data, or
engaging in any other form of communication through this service, you are
granting HDG a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to:
Use, copy, sublicense, adapt, transmit, publicly perform or
display any such communication.
Sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to the
communication.
The foregoing grants shall include the right to exploit any
proprietary rights in such communication, including but not limited to
rights under copyright, trademark, servicemark or patent laws under any
relevant jurisdiction.
4. Limitation of Liability
Under no circumstances, including, but not limited to,
negligence, shall HDG, her subsidiary and parent companies or
affiliates be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of, or the inability to use,
the HDG materials. You specifically acknowledge and agree that HDG
is not liable for any defamatory, offensive or illegal conduct of
any user. If you are dissatisfied with any of the HDG material, or with any
of the HDG terms and conditions, your sole and exclusive remedy is to
discontinue using the HDG materials. However, your feedback is important and
will help the administrators monitor the quality of material on the site.
5. Disclaimer
HDG has provided links and pointers to Internet sites
maintained by third parties. HDG does not operate or control in any respect
any information, products or services on these third-party sites. The
materials in this site and the third-party sites are provided "as is" and
without warranties of any kind either express or implied. To the fullest
extent permissible pursuant to applicable law, HDG
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
HDG does not warrant that the functions contained in the materials will be
uninterrupted or error-free, that defects will be corrected, or that this
site, including bulletin boards, or the server that makes it available, are
free of viruses or other harmful components. HDG
does not warrant or make any representations regarding the use or the
results of the use of the materials in this site or in third-party sites in
terms of their correctness, accuracy, timeliness, reliability or otherwise.
You (and not HDG) assume the entire cost of all necessary maintenance,
repair or correction.
8. Termination.
This agreement is effective until terminated by HDG, at
any time without notice. In the event of termination, you are no longer
authorized to access the bulletin boards and the restrictions imposed on you
with respect to material downloaded from the bulletin boards, the
disclaimers and limitations of liabilities set forth in this agreement,
shall survive.
9. Other
This Terms of Service Agreement constitutes the entire
agreement between HDG and you with respect to the subject matter
contained herein and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral. HDG may amend or modify
this Terms of Service Agreement or impose new conditions at any time. Such
amendments and modifications shall be effective immediately upon notice
thereof which may be given by means including, but not limited to, posting
on the Gilbert Gazette. Any use of the service by you after such notice shall be deemed
to constitute acceptance by you of such amendments, modifications or new
conditions. This agreement shall be governed by and construed in accordance
with the laws of the State of Iowa without giving effect to any principles
on conflicts of law. If any provision of this agreement shall be unlawful,
void or for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
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