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Terms of Service
INTRODUCTION
Welcome to the Web Site of City of Luling. The City of Luling (referred to
herein as "we", "us", or "our") includes cityofluling.net and other sites
affiliated with The City of Luling.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS THE
CITY OF LULING SITE. By using the The City of Luling Site, you signify your
agreement to these terms of use. If you do not agree to these terms of use
please do not use the The City of Luling Site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these terms at any
time. Please check these terms periodically for changes. Your continued use of
this The City of Luling Site following the posting of changes to these terms
will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any The City of Luling Site are the copyrighted
property of The City of Luling or its subsidiaries or affiliated companies
and/or third party licensors. All trademarks, service marks, and trade names are
proprietary to The City of Luling or its affiliates. No material from any
The City of Luling Site or any Internet site owned, operated, licensed, or
controlled by us or our affiliates may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except that you may
download one copy of the materials on any single computer. For purposes of these
terms, the use of any such material on any other Web site or computer
environment is prohibited. All trademarks, service marks, trade names and trade
dress are proprietary to us.
CONTENT LINKED TO ANY CITY OF LULING SITE
Please exercise discretion while browsing the Internet using any The City of
Luling Site. You should be aware that when you are on a The City of Luling Site,
you could be directed to other sites that are beyond our control. There are
links to other sites from The City of Luling pages that take you outside of our
service. For example, if you "click" on a banner advertisement or a search
result, the "click" may take you off the The City of Luling Site. This includes
links from advertisers, sponsors, and content partners that may use our logo(s)
as part of a co-branding agreement. These other sites may send their own cookies
to users, collect data, solicit personal information, or contain information
that you may find inappropriate or offensive. In addition, advertisers on The
City of Luling Sites may send cookies to users that we do not control.
We reserve the right to disable links from third party sites to any The City of
Luling Site.
We make no representations concerning the content of sites listed in any of our
directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality or decency of material contained in
sites listed in our search results or otherwise linked to a The City of Luling
Site.
Please keep in mind that whenever you give out personal information online ---
for example, via message boards or chat --- that information can be collected
and used by people you don't know. While The City of Luling strives to protect
your personal information and privacy, we cannot guarantee the security of any
information you disclose online; you make such disclosures at your own risk.
DISCLAIMER
THE MATERIALS IN THIS THE CITY OF LULING SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON ANY CITY OF LULING SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CITY OF LULING SITE OR
THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY CITY OF LULING SITE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from any City of Luling
Site. We cannot ensure that you will be satisfied with any products or services
that you purchase from a third-party site that links to or from any
City of Luling Site or third party content on our sites. We do not endorse any
of the merchandise, nor have we taken any steps to confirm the accuracy or
reliability of, any of the information contained in such third-party sites or
content. We do not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such sites and third
party content. We strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties.
Search and Directory are free services offered by us. Because the Web changes
constantly, no search engine technology can possibly have all accessible sites
at any given time. Thus, we explicitly disclaim any responsibility for the
content or availability of information contained in our search index or
directories.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your
password and account and for all activities that occur under your account. You
hereby indemnify, defend and hold us and our affiliates and our officers,
directors, owners, agents, information providers, affiliates, licensors and
licensees (collectively, the "Indemnified Parties") harmless from and against
any and all liabilities and costs (including reasonable attorneys fees) incurred
by the Indemnified Parties in connection with any claim arising out of any
breach by you of this Agreement or claims arising from your account. You shall
use your best efforts to cooperate with us in the defense of any claim. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CITY OF LULING SITE OR
MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY CITY OF LULING SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in any The City of Luling Site are
presented solely for the purpose of promoting products available in the United
States and its territories, possessions, and protectorates. The City of Luling
is controlled and operated by The City of Luling We make no representation
that materials on any The City of Luling Site are appropriate or available for
use in any particular location. Those who choose to access a The City of Luling
Site do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
TERMINATION
These terms are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of all The City of Luling Sites and
destroying all materials obtained from any and all such sites and all related
documentation and all copies and installations thereof, whether made under the
terms of these terms or otherwise. Your access to any and all The City of Luling
Sites may be terminated immediately without notice from us if in our sole
discretion you fail to comply with any term or provision of these terms. Upon
termination, you must cease use of the The City of Luling Site and destroy all
materials obtained from such site and all copies thereof, whether made under the
terms of these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the laws of
the State of Texas, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state court at Lavaca County, Texas or
federal courts located in the district which includes Lavaca County, Texas and
you hereby consent and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement between
us relating to the subject matter herein and shall not be modified except in
writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on any The City of
Luling Site, electronic mail to a user's e-mail address on our records, or by
written communication sent by first class mail to a user's address on our
records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
Service Provider(s): The City of Luling
Name of Agent Designated to Receive Notification of Claimed Infringement: Bobby
Berger
Full Address of Designated Agent to Which Notification Should be Sent:
The City of Luling
509 E. Crockett
Luling, TX 78648
Telephone Number of Designated Agent: 830-875-2481
To be effective, the notification must be a written communication that includes
the following:
A physical or electronic signature of person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law;
A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
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