| Terms of Use Updated January 2014 This terms of use agreement governs your use of the collection of Web pages and other digital content available through the Nye County History. Access to the Collections is provided at no cost to you and is granted for scholarship and research for private and or students purposes only. If you provide any content to the Nye County History, you grant the nonexclusive, royalty-free right to use that content. Some of the content available through the Archive may be governed by local, national, and/or international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of the Nye County History Site. In particular, you certify that your use of any part of the Collections will be noncommercial and will be limited to noninfringing or fair use under copyright law. While we collect publicly available Internet documents, sometimes authors and publishers express a desire for their documents not to be included in the Collections. If the author or publisher of some part of the Nye County Site does not want his or her work in our Collections, then we may remove that portion of the Collections without notice. The Nye County History may modify this Agreement from time to time, and your continued use of the Collections and/or the Site constitutes your acceptance of any and all modifications. Nye County History will attempt to notify you of substantial modifications. Nye County History does not endorse or sponsor any content in the Collections, nor does it guarantee or warrant that the content available in the Collections is accurate, complete, noninfringing, or legally accessible in your jurisdiction, and you agree that you are solely responsible for abiding by all laws and regulations that may be applicable to the viewing of the content. In addition, the Collections are provided to you on an as-is and as-available basis. You agree that your use of the Site and the Collections is at your sole risk. You understand and agree that Nye County History makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the content in the Collections, that the Site or the Collections will meet your requirements, that access to the Collections will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied. You agree to indemnify and hold harmless Nye County, Nye County History and its parents, subsidiaries, affiliates, agents, officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from your use of the services, the site, or the Collections. You agree that this Agreement is governed by Nevada law and that any suit arising from this Agreement will be brought in Tonopah, Nevada, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the Nevada Code of Civil Procedure. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions. Under no circumstances, including, without limitation, negligence, shall the Nye County History or its parents, affiliates, officers, employees, or agents be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use the Site or the Collections, or any content contained on the Site or in the Collections, or resulting from unauthorized access to the Collections or your transmissions of data, including, without limitation, damages for loss of profits, use, data, or other intangibles, even if Nye County History has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. This Agreement, and other policies posted on the Site constitute the full and complete agreement between you and Nye County History and are not intended to inure to third-party beneficiaries. We welcome your input. Please contact us with any comments or questions at nyehistory@gamil.com. |