Disclaimer

1. ACCEPTANCE OF TERMS

Welcome to the Smokin’ In Rail City Web Site! We are pleased to provide this Web Site to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. When using this Web Site, 
you shall be subject to any posted guidelines or rules.

2. DESCRIPTION OF WEB SITE

The Smokin’ In Rail City Web Site currently includes information about the dance event and access to other on-line resources relating to this dance. These resources include caller web sites, hotel web sites, and Lima attractions web sites. 

You understand and agree that the Web Site is provided “AS-IS” and that the Smokin’ In Rail City organization assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communication or information. The Smokin’ In Rail City organization do not make any warranty express or implied or assume any legal liability of responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

3. CONDUCT

You understand that all information, data, text, software, audio, photographs, graphics, video, messages or materials (“Content”), posted to the Smokin’ In Rail City is placed there in good faith and without warranty. Under no circumstances will Smokin’ In Rail City be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise communicated via the Web Site.

You agree to not use the Web Site to:

a. upload, post, email or otherwise communicate any content that is unlawful, harmful, threatening, abusive, harassing, torious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in ay way;
c. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email or otherwise communicate any content that you do not have a right to communicate under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment elationships or under nondisclosure agreements);
e. upload, post, email or otherwise communicate and content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f. upload, post, email or otherwise communicate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
g. upload, post, email or otherwise communicate and material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionally of any computer software or hardware or telecommunications equipment.
h. act in any manner that negatively affects other users’ ability to use the web site;
i. interfere with or disrupt the web site or servers or networks connected to the web site, or disobey any requirements, procedures, policies or regulations of net works connected to the web site.
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U. S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. “stalk” or otherwise harass another; or
l. collect or store ersonal data about others users.

You acknowledge that Smokin’ In Rail City may not pre-screen content, but that Smokin’ In Rail City and its designees shall have the right, but not the obligation, in their sole discretion to refuse posting or moving any content that is available via the web site. Without limiting the foregoing, Smokin’ In Rail City and its designees shall have the right to remove an content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this reqard, you acknowledge that you may not rely on any content created by Smokin’ In Rail City or submitted to Smokin’ In Rail City, including without limitation information linked to Smokin’ In Rail City web site. You acknowledge and agree that Smokin’ In Rail City may preserve content and may also disclose content if required to do so by law or in the good faith belief that such perservatinor disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce theTOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Smokin’ In Rail City, its users and the public.

7. SPECIAL ADMONITIONS FOR INTERNATION USE

You agree to comply with all local rules regarding online conduct and acceptable content. 

8. INDEMNITY

You agree to indemnify and hold Smokin’ In Rail City, and its affiliates or other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or communicate through the web site, your use of the web site, your connection to the web site, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF WEB SITE

You agree not to sell or resell any portion of the web site, use of the web site, or access to the web site without the explicit permission of Smokin’ In Rail City.

10. MODIFICATIONS TO WEB SITE

Smokin’ In Rail City reserves the right at ay time and from time to time to modify or discontinue, temporarily of permanently, the web site, or any part thereof, with or without notice. You agree that Smokin’ In Rail City shall not be liable to you or to any third party for any modification, suspension, 
or discontinuance of the web site.

11. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the web site, including payment and delivery of related goods or web sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organization. You agree that Smokin’ In Rail City shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the web site.

12. LINKS

The web site may provide, or third parties may provide, links to other World Wide Web Sites or resources.  Because Smokin’ In Rail City has no control over such sites and resources, you acknowledge and agree that Smokin’ In Rail City is not responsible for the availability of such external sites or resources, and does not endores andis not responsible or liable for content, advertising, products, or other materials on or available from such sites or resources.

The appearance of external hyperlinks in this web site does not constitute endorsement by Smokin’ In Rail City of the linked web site, or the information, products, or services contained therein.

You further acknowledge and agree that Smokin’ In Rail City shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, good or web sites available on or through any such site or resource.

13. SMOKIN’ IN RAIL CITY PROPRIETARY RIGHTS

You acknowledge and agree that the web site and any necessary software used in connection with the web site contain proprietary and confidential information that is protected by applicable intellectual prpperty and other laws. You further advertisements or information presented to you throught the web site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Smokin’ In Rail City or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the web site or the software, in whole or in part.

14. DISCLAIMER OF WARRANTIES

With respect to documents and other information available on this web site, Smokin’ In Rail City does not make any warranty express or implied, including the warranties of merchantability and fitness for a particular purpose, or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

You expressly understand and agree that:
a. Your use of the web site is at your sole risk. The web site is provided on an “AS IS” and “AS AVAILABLE” basis. Smokin’ In Rail City expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Smokin’ In Rail City makes no warranty that (i) the web site will meet your requirements, (ii) The web site will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the web site will be accurate or reliable, (iv) The quality of any products, web sites, information, or other material purchased or obtained by you through the web site will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the web site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Smokin’ In Rail City or through or from the web site shall create any warranty not expressly stated in the TOS.

15. LIMITATATION OF LIABILITY

With respect to documents and other information on this web site, Smokin’ In Rail City does not make any warranty express or implied, including the warranties of merchantability and fitness for a particular purpose, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

You expressly understand and agree that Smokin’ In Rail City shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, ujse, data or other intangible losses (even if Smokin’ In Rail City has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the web site; (ii) The cost of procurement of substitute goods and web sites resulting from any goods, data, information or web sites purchased or obtained or messages received or transactions entered into through or from the web site; (iii) Unauthorized access to or alteration of your communications or data; (iv) Statements or conduct of any third party on the web site; or (v) any other matter relating to the web site.

16. EXCLUSIONS AND LIMITATIONS

With respect to documents and other information available on this web site, Smokin’ In Rail City does not make any warranty express or implied, including the warranties of merchantability and fitness for a particular purpose, or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 14 and 15 may not apply to you.

17. SPECIAL ADMONITION FOR WEB SITE SERVICES RELATING TO FINANCIAL MATTERS

The web site is provided for informational purposes only. Smokin’ In Rail City shall not be responsible or liable for the accuracy, usefulness or availability of any information communicated via the web site, and shall not be responsible or liable for any trading or investment decision made based on such information.

18. NOTICE

Notices to you may be made via email or regular mail. The web site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the web site.

19. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Smokin’ In Rail City and govern your use of the web site, superseding any prior agreements between you and Smokin’ In Rail City. You also may be subject to additional terms and conditions that may apply when you use affiliated web sites, third-party content or third-party software. The TOS and the relationship between you and Smokin’ In Rail City shall be governed by federal law. The failure of Smokin’ In Rail City web site to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provision of the TOS remain in full force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the web site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

20. VIOLATIONS

Please report any violations of the TOS to kenneth.r.allen@earthlink.net.