Terms of Use for Genoa Cowboy Festival Website

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 11/05/2012.

This Terms of Use Agreement sets forth the standards of use of the Town of Genoa Cowboy Festival Website for Visitors. By using the Town of Genoa/www.cowboyfestival.org website you (the “Visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Town of Genoa/www.cowboyfestival.org website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

The Town of Genoa is providing Visitor with information and entertainment only. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by the Town of Genoa on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Town of Genoa makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. The Town of Genoa shall have no liability for any interruptions in the use of this Website. The Town of Genoa disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

The Town of Genoa SHALL NOT be liable for any damages whatsoever, and in particular the Town of Genoa shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Town of Genoa has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Visitor agrees to indemnify and hold the Town of Genoa, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Website, the violation of this Agreement, or infringement by Visitor, or other user of the Website using Visitor’s computer, of any intellectual property or any other right of any person or entity.

5. Visitors Website Accessibility and Newsletter and/or Email List Registration

Visitors of the Website may choose to receive email and/or newsletters from the Town of Genoa by submitting a request to the Town of Genoa via email at genoa@co.douglas.nv.us and including “Cowboy Newsletter by Email” or “Email From Genoa Cowboy Festival” in the Subject Line and/or Body of the email message. Visitor agrees to notify the Town of Genoa by email, USPS or telephone if Visitor wishes to be removed from the Town of Genoa's email list. Visitor agrees that the removal of your name and email address from the Town of Genoa's Email list may take as long as 30 days or more. Visitor’s right to use the Website is personal to the Visitor. Visitor agrees not to resell or make any commercial use of the Website without the express written consent of the Town of Genoa.

6. Modifications and Interruption to Website

The Town of Genoa reserves the right to modify or discontinue the Website with or without notice to the Visitor. The Town of Genoa shall not be liable to Visitor or any third party should the Town of Genoa exercise its right to modify or discontinue the Website. Visitor acknowledges and accepts that the Town of Genoa does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites and Links to Third Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While the Town of Genoa makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

The Town of Genoa makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts Nevada

Our website is operated and provided in the State of Nevada. As such, we are subject to the laws of the State of Nevada, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Nevada.

10. Compliance with Laws.

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010-2013 to the Town of Genoa/GenoaCowboyFestival.org, with all rights reserved, or is the property of the Town of Genoa and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Town of Genoa is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Town of Genoa.

The Town of Genoa and the GenoaCowboyFestival.org are proprietary marks of the Town of Genoa. The Town of Genoa’s copyrights and/or trademarks may not be used in connection with any product or service that is not provided by the Town of Genoa, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Town of Genoa.

All other trademarks displayed on the Town of Genoa’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Town of Genoa.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the GenoaCowboyFestival.org designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail (USPS):
Town of Genoa Manager
P.O. Box 14
Genoa, NV 89411-0014

By Telephone: (775) 782-8696

By Email: genoa@co.douglas.nv.us

13. Botnets

The Town of Genoa retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Town of Genoa reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the Town of Genoa, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].

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