This World Wide Web site with its home page in the domain "albertlea.com" (the "Web Site") is a complementary information service offered by Chad T. Hayson at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Service (this "Agreement").
Chad T. Hayson reserves the right to change this Agreement at any time, and any such modification to the Agreement shall be effective immediately upon posting on the Web Site. You must consult the most recent version of this User Agreement (not an older cached version) when you view the Web Site.
Your continued access or use of the Web Site shall be deemed your conclusive acceptance of the agreement in its current form. Do not use the Web Site if you do not agree to all of the terms and conditions in this Agreement.
WARRANTIES AND LIABILITY OF Chad T. Hayson
Chad T. Hayson makes no warranties of any kind regarding the Web Site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, the server that makes them available or any files available for downloading from the Web Site, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.
Chad T. Hayson cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data.
You agree that you will hold harmless Chad T. Hayson, volunteers and employees from all claims arising out of or related to your accessing or use of, or your inability to access or use, the Web Site or the Content, or the content of other web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Site or another web site to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights.
IN NO EVENT WILL CHAD T. HAYSON OR THE CONTRIBUTORS OF INFORMATION TO THE WEB SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF CHAD T. Hayson HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CHAD T. HAYSON, VOLUNTEERS AND/OR EMPLOYEES FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEB SITE.
Unless otherwise indicated, the works of authorship contained in the Web Site, including but not limited to all design, text and images, are all free of any license agreement, and except as provided expressly herein may be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner.
The entire contents of the Web Site are not copyrighted as any collective work. The collective works in the third party links are the property of the respective third party information provider that are also protected by copyright and other intellectual property laws.
USER RIGHTS AND RESPONSIBILITIES
You may send and receive electronic mail ("e-mail"); engage in discussions ni the forum; upload and download files and content; and otherwise use the Web Site as permitted by this Agreement, Chad T. Haysonís/Web Siteís operating policies and applicable law. Files exchanged and public messages that you send and your activity in in the forum are subject to review, modification and deletion without notice by the volunteers. You understand that all information, data, text, photographs, messages, graphics or other materials publicly posted is the sole responsibility of the person from which such content originated.
You are responsible for your communications and your use of the Web Site. You may not, under any circumstances, do any of the following:
You agree to: (a) maintain all equipment required for your access to and use of the Web Site; (b) maintain the security of your user identification, password and other confidential information. Chad T. Hayson does not guarantee that the functions or services performed on the Web Site will be uninterrupted or error-free or that defects in the Web Site will be corrected. Users are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the Web Site for the reconstruction of any lost data.
Any material, information, or other communication you transmit or post to the Web Site will be considered non-confidential and non-proprietary. Chad T. Hayson will have no obligations with respect to such material, and may use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display such material in any media or medium, or any form, format or forum now known or hereafter developed.
Some opinions contained in this Web Site, especially in areas such as the Forum ("Interactive Area") are not necessarily those of Chad T. Hayson or endorsed by him. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN THE FORUM IS AT YOUR OWN RISK. If you use the Forum, you are solely responsible for your own communications and the consequences of posting those communications. Chad T. Hayson does not assume any responsibility for the consequences of any communications on or arising from use of this Web Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Chad T. Hayson cannot and does not screen content provided by you or other Users to this Web Site or the Forum, and is not responsible for the content of these areas communications and materials. Notwithstanding the foregoing, Chad T. Hayson reserves the right to review the Web Site and material from the Web Site brought to Chad T. Hayson's attention and to remove content, which Chad T. Hayson, in his sole discretion, determines to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another.
Chad T. Hayson reserves the right to record the dialogue in the Forum. Chad T. Hayson does not screen communications in advance and is not responsible for screening or monitoring material posted by Users or any other person or entity. If notified by a User of communication(s) which are alleged not to conform to the terms of this Agreement, Chad T. Hayson may investigate the allegation and determine in his sole discretion to remove or request the removal of the communication(s). Chad T. Hayson reserves the right to remove communications which are abusive, illegal, disruptive, profane or that otherwise fail to conform with this Agreement. In addition to the removal rights described above, the Chad T. Hayson reserves the right to terminate a Userís account or access to any or all Areas upon Subscriberís breach of these Terms and Conditions. Chad T. Hayson reserves the right (but is not obligated) to edit or delete any communication(s) posted on the Web Site, regardless of whether such communication(s) violate these standards for content.
Furthermore, Chad T. Hayson reserves the right (but is not obligated) to monitor, edit, or disclose any type of communication(s) in the Interactive Areas for adherence to this Agreement, if required in the course of normal operation and maintenance of the Web Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of the Chad T. Hayson or others; or (iii) act in an emergency to protect the personal safety of his guests or the public. Chad T. Hayson HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Chad T. Hayson provides links on the Web Site to other Web sites that are not under the control of Chad T. Hayson. In general, any Web site that has an address (or URL) that does not contain "albertlea.com" is such a Web site. These links are provided for reference only and are not intended as an endorsement by Chad T. Hayson of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
The statutes and laws of the State of Minnesota, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to this Agreement and use of the Web Site. You and Chad T. Hayson also agree and hereby submit to the exclusive personal jurisdiction and venue of Freeborn County, Minnesota with respect to such matters. Chad T. Hayson makes no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Chad T. Hayson may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U. S. mail to your address on record when available. You may give notice to Chad T. Hayson at any time via electronic mail or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Chad T. Hayson 930 Lincoln Ave Albert Lea, Mn 56007 Electronic Mail: firstname.lastname@example.org
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. The failure of either party to insist upon or enforce strict performance with this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or a waiver in other instances.
Either you or Chad T. Hayson may terminate your right to use the Web Site at any time, with or without cause, upon notice. Chad T. Hayson also reserves the right to terminate or suspend any registrations without prior notice, but Chad T. Hayson will confirm such termination or suspension by subsequent notice. The provisions of the above paragraphs shall survive any termination of this Agreement.