for use of the Gilbert Gazette web site

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.

c2002 The Gilbert Gazette Group
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