This User Agreement (“Agreement”) sets forth the obligations relating to your use of the website www.lcm.flywheelsites.com (the “Site”), which is owned and operated by the Lincoln Children’s Musuem (the “Company”). Please read this Agreement carefully before using the Site. Your use of the Site is expressly conditioned on your acceptance of this Agreement. Do not use this site if you do not fully agree with the terms and conditions set forth herein. If you have any questions about this Agreement, please email info@ lcm.flywheelsites.com.
1. Use of Site. You shall use the Site only for legitimate purposes as the Site is intended to be used. You shall provide only truthful and accurate information to the Site and you are prohibited from transmitting or uploading any information that contains a virus, bug, or other harmful item. You will not violate any copyright or other law with respect to your use of the Site. You will not take any action that will interfere with the proper working of the Site or, in the Company’s sole discretion, impose an unreasonably large of disproportionate load on the Site’s infrastructure.
2. Age. Children under 13 years of age are not permitted to use this Site and/or provide any personal information on this Site. You agree that you are at least 13 years old. Furthermore, if you enter into any online transactions on this Site, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on the Site.
4. Intellectual Property Rights. All right, title, and interest in and to the Site, together with its content, codes, sequences, derivative works, organization and structure, any documentation, data, or other related materials (collectively, the “IP”), is, and at all times shall remain, the sole and exclusive property of the Company and/or any third parties from which the Company has licensed portions of the IP, if any. The IP contains trade secrets and proprietary information owned by the Company and is protected by United States copyright laws (and other laws relating to intellectual property). You must treat the IP like any other copyrighted material and you may not copy or distribute the IP, electronically or otherwise, for any purpose without the express written permission of the Company.
5. Exclusion of Warranty. To the maximum extent allowed by law, the Company and the Site make no warranty of any kind regarding the Site and/or materials provided on the Site, all of which are provided on an “as-is” basis. Many of the links, articles, and other data on the Site are provided by third parties and the Company and/or the Site does not warrant the truth or accuracy of any statements on the Site. The Company and the Site further make no warranty of any kind regarding the links to other websites on the Site and the content present at said links, all of which links are provided on an “as-is” basis.
6. Limitation of Liability. The Site and/or the Company assumes no responsibility and shall not be liable for any damages that occurred based on your access to or use of the Site, including but not limited to (i) damages to your computer equipment or other property that may result from viruses, bugs, or any cause; and (ii) any and all losses, injuries, or claims of any kind resulting directly or indirectly from your use of the Site. THE COMPANY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.
You accept sole and complete responsibility for: (a) the selection of the Site to achieve your intended results; (b) your use of the Site; (c) the results obtained from the Site; (d) your selection, use, download, or review of any third party User Content; (e) the terms and conditions of any transaction with any other user through the Site; and (f) the quality and condition of any products you purchase or obtain from any other user through the Site. You shall not assert any claims against the Company based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR THE ACTIONS OR CONDUCT OF ANY USERS OF THE SITE, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. ADDITIONALLY, IN NO CASE WHATSOEVER SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY AND NO/100 DOLLARS ($50.00).
7. Indemnification. To the maximum extent allowed by law, you shall defend and indemnify the Company and its members, managers, agents, representatives and affiliates from and against any claim, loss, cause of action or demand, including attorney’s fees, brought against the Company and/or the Site by any third party as a result of your use of the Site or any actions by you or your employees, agents, or representatives.
8. Applicable Law. The laws of the State of Nebraska, without reference to Nebraska’s conflict of law principals, shall govern this Agreement and all of the transactions contemplated by it, as well as all matters arising out of or relating to it, including without limitation claims as to its validity, interpretation, construction, performance, and all claims sounding in tort. Any legal action or proceeding with respect to this Agreement or any document related hereto shall be brought only in the circuit courts of Nebraska, or the United States District Court for the District of Nebraska, and, by execution and delivery of this Agreement, each party hereto hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The Parties hereby irrevocably waive any objection, including, without limitation, any forum non conveniens, which any of them may now or hereafter have to the bringing of such action or proceeding in such respective jurisdictions.
4817-2029-4457, v. 1