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Welcome to the NaturallyCity Websites. NaturallyCity LLC and/or its affiliates ("NaturallyCity") provide website features and other products and services to you when you visit at the websites operated by NaturallyCity (including CityInformationCenter.com, other city-specific sites, and any future site operated by NaturallyCity, collectively, the "sites"), use NaturallyCity products or services, use NaturallyCity applications, or use software or data provided by NaturallyCity in connection with any of the foregoing (collectively, together with any use of the sites, "NaturallyCity Services"). NaturallyCity provides the NaturallyCity Services subject to the following conditions.
We offer several NaturallyCity Services, and sometimes additional terms may apply. If these Terms & Conditions of Use ("Conditions of Use") are inconsistent with the Service Terms, those Service Terms will control.
When you use any NaturallyCity Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites or through the other NaturallyCity Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any NaturallyCity Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of NaturallyCity or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any NaturallyCity Service is the exclusive property of NaturallyCity and protected by U.S. and international copyright laws.
All other content not owned by NaturallyCity that appear in any NaturallyCity Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NaturallyCity.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any NaturallyCity Service are trademarks or trade dress of NaturallyCity in the U.S. and other countries. NaturallyCity's trademarks and trade dress may not be used in connection with any product or service that is not NaturallyCity's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NaturallyCity.
All other trademarks not owned by NaturallyCity that appear in any NaturallyCity Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NaturallyCity.
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, NaturallyCity or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the NaturallyCity Services. This license does not include any resale or commercial use of any NaturallyCity Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any NaturallyCity Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by NaturallyCity or its licensors, suppliers, publishers, rights holders, or other content providers. No NaturallyCity Service, nor any part of any NaturallyCity Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NaturallyCity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NaturallyCity without express written consent. You may not use any meta tags or any other "hidden text" utilizing NaturallyCity's name or trademarks without the express written consent of NaturallyCity. You may not misuse the NaturallyCity Services. You may use the NaturallyCity Services only as permitted by law. The licenses granted by NaturallyCity terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any NaturallyCity Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the NaturallyCity Services only with involvement of a parent or guardian. You must be at least 21 years of age to use any site functionality related to alcohol. NaturallyCity reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Visitors may post reviews, comments, photos, other content and other communications; and submit suggestions, ideas, comments or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. NaturallyCity reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant NaturallyCity a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NaturallyCity and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NaturallyCity for all claims resulting from content you supply. NaturallyCity has the right but not the obligation to monitor and edit or remove any activity or content. NaturallyCity takes no responsibility and assumes no liability for any content posted by you or any third party.
NaturallyCity respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
At our discretion, a refund may be issued.
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with NaturallyCity Services (the "NaturallyCity Software").
THE NATURALLYCITY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NATURALLYCITY SERVICES ARE PROVIDED BY NATURALLYCITY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.NATURALLYCITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NATURALLYCITY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NATURALLYCITY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NATURALLYCITY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NATURALLYCITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NATURALLYCITY DOES NOT WARRANT THAT THE NATURALLYCITY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NATURALLYCITY SERVICES, NATURALLYCITY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NATURALLYCITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATURALLYCITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NATURALLYCITY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NATURALLYCITY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any NaturallyCity Service, or to any products or services sold or distributed by NaturallyCity or through the sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any NaturallyCity Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nebraska, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NaturallyCity.
1516 1st Avenue
Kearney, NE 68848
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NaturallyCity's copyright agent with this information:
NaturallyCity's Copyright Agent for notice of claims of copyright infringement on the sites can be reached as follows:
1516 1st Avenue
Kearney, NE 68848
Please note that this procedure is exclusively for notifying NaturallyCity that your copyrighted material has been infringed.
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