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Web
Site Terms and Conditions
This page states the terms and conditions
under which you may use this website. Please read this page carefully. If you do
not accept the Terms and Conditions stated here, do not use this Web Site!
The St. Agnes Church of Scottsbluff,
NE, USA ("St. Agnes") may revise these Terms and Conditions at any time by updating
this page, which is binding upon you.
Section 1. Use of Material
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St. Agnes authorizes you to view and
download copies of the material on this website ("the website") solely for your
personal, noncommercial use. Special rules may apply to the use of other items provided
on the website. Any such special rules are listed as "Legal Notices" on the website
and are incorporated into this Agreement by reference.
The contents of the website, such as
text, graphics and other material ( "the material" ), are protected by copyright
under both United States and foreign laws. Unauthorized use of the material may
violate copyright, trademark, and other laws. You must retain all copyright and
other proprietary notices contained in the original Material on any copy you make
of the material. You may not sell or modify the material or reproduce, display,
publicly perform, distribute, or otherwise use the material in any way for any public
or commercial purpose.
The use of the material on any other
website or in a networked computer environment for any purpose without express,
written consent of St. Agnes is strictly prohibited.
If you violate any of these Terms,
your permission to use the material automatically terminates and you must immediately
destroy any copies you have made of the material.
Section 2. St. Agnes's Liability
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The material may contain inaccuracies
or typographical errors. St. Agnes makes no representations about the accuracy,
reliability, completeness, or timeliness of the material or about the results to
be obtained from using the website and the material. The use the website and the
material is at your own risk. Changes are periodically made to the website and may
be made at any time.
ST. AGNES DOES NOT WARRANT THAT THE
WEB SITE WILL OPERATE ERROR FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ST. AGNES IS NOT
RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED
ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ST. AGNES AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. ST. AGNES AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer
of Consequential Damages
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IN NO EVENT SHALL ST. AGNES, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ST. AGNES IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions
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Generally, any communication which
you post to the Web Site is considered to be non-confidential. If particular Web
pages permit the submission of communications which will be treated by St. Agnes
as confidential, that fact will be stated in "Legal Notices" on those pages. By
posting communications to the Web Site, you automatically grant St. Agnes a royalty-free,
perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display the communication alone or as
part of other works in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple tiers of sub-licensees.
As a User, you are responsible for
your own communications and are responsible for the consequences of their posting.
You must not do the following things: Post material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright owner to post
it; post material that reveals trade secrets, unless you own them or have the permission
of the owner; post material that infringes on any other intellectual property rights
of others or on the privacy or publicity rights of others; post material that is
obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another User or any other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or pyramid schemes;
or impersonate another person.
St. Agnes does not represent or guarantee
the truthfulness, accuracy, or reliability of any communications posted by other
Users, and does not endorse any opinions expressed by Users. You acknowledge that
any reliance on material posted by other Users will be at your own risk.
St. Agnes does not screen communications
in advance and is not responsible for screening or monitoring material posted by
Users. If notified by a User of communications which allegedly do not conform to
this Agreement, St. Agnes may investigate the allegation and determine in good faith,
and at its sole discretion, either to remove or request the removal of the communication.
St. Agnes has no liability or responsibility to Users for performance or nonperformance
of such activities. St. Agnes reserves the right to expel Users and prevent their
further access to the Web Site for violating this Agreement or the law and the right
to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites
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The Web Site contains links to third
party Web sites. These links are provided solely as a convenience to you and not
as an endorsement by St. Agnes of the contents on such third-party Web sites. St.
Agnes is not responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials on such
third party Web sites. If you decide to access linked third-party Web sites, you
do so at your own risk.
Section 6. Software Licenses
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All software that is made available
for downloading from the Web Site ("Software") is protected by copyright and may
be protected by other rights. The use of such software is governed by the terms
of the software license agreement or designated "Legal Notice" for such software
("License Agreement"). The downloading and use of such software is conditioned on
your agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability
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Unless otherwise expressly provided
in a Software License or Legal Notice, the aggregate liability for St. Agnes to
you for all claims arising from the use of the Materials (including Software) is
limited to U.S. $100.
You agree to defend, indemnify, and
hold harmless St. Agnes, its officers, directors, employees and agents, from and
against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the Material (including
Software ) or your breach of the terms of this Agreement . St. Agnes shall provide
notice to you promptly of any such claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim, suit or proceeding.
The United States controls the export
of products and information. You agree to comply with such restrictions and not
to export or re-export the Materials (including Software) to countries or persons
prohibited under the export control laws. By downloading the Materials (including
Software), you are agreeing that you are not in a country where such export is prohibited
or are a person or entity to which such export is prohibited. You are responsible
for compliance with the laws of your local jurisdiction regarding the import, export,
or re-export of the Product.
Section 10. User Information
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St. Agnes may use the information it
obtains relating to you, including your IP address, name, mailing address, email
address and use of the Web Site, for its internal business and marketing purposes
and may disclose the information to third parties for such purposes.
This Web Site is based in Scottsbluff,
NE, USA. St. Agnes makes no claims the Materials are appropriate or may be downloaded
outside of the United States. Access to the Materials (including Software) may not
be legal by certain persons or in certain countries. If you access the Web Site
from outside of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. This Agreement is governed by
the internal substantive laws of the State of Nebraska, without respect to its conflict
of laws principles. If any provision of this Agreement is found to be invalid by
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any other term. Except as
expressly provided in a particular "Legal Notice" or Software License or material
on particular Web pages, this Agreement constitutes the entire Agreement between
you and St. Agnes with respect to the use of Web Site. Any changes to this Agreement
must be made in writing, signed by an authorized representative of St. Agnes.
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