Terms of Use - North Platte Nebraska's Newspaper: Site

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Terms of Use

Terms of Service

1. ACCEPTANCE OF TERMS

This Site is made available to you, subject to the following Terms of Service ("TOS"), which may be updated or modified from time to time without notice to you. The Site reserves the right to change the TOS at any time in its discretion and to notify users of any such changes solely by changing the TOS. Your continued use of any portion of the Site after the posting of any amended TOS shall constitute your agreement to be bound by any such changes. In addition, when using particular features of the Site, you shall be subject to any posted guidelines or rules applicable to such features which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by this reference into the TOS. Any new features later added to the Site that augment or enhance the current Site shall be subject to the TOS. References in the TOS to nptelegraph.com include The North Platte Telegraph newspaper (the "Newspaper"), its parent, subsidiary and affiliate companies. The "Site" refers to the nptelegraph.com website, and all such pages, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials and content on the Site.

You understand and agree that the Site is provided "AS-IS" and that the owners and operators of the Site assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device, and you assume the entire cost of all necessary maintenance or repair relating to such equipment.

2. COPYRIGHT AND COPYRIGHT COMPLAINTS

All information, content, services and software displayed on, transmitted through, or used in connection with the Site, including but not limited to news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection, layout and arrangement (collectively, the "Content"), is owned by the Newspaper, and its affiliated companies, licensors and suppliers. The Newspaper, its affiliated companies, licensors and suppliers, exclusively own all right, title and interest (including but not limited to all copyright interest) to such Content, with All Rights Reserved. You may use the Content solely for your occasional personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. No other use is permitted without our prior written permission. The permitted use described in this Paragraph is contingent on your compliance at all times with the TOS. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.

The Site has been specially designed for presentation of Content in a unique format and appearance to our users. We are concerned about the integrity of our Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Site. Without limiting the provisions of the above paragraph, neither you nor any third party shall make use of the Content in any manner that constitutes an infringement of our rights, including copyright. You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in, or use the Content to construct any database, compilation or archive. You may not modify, sell, publish, transmit, display or otherwise use in any public or commercial manner any portion of the Content. You may not frame or utilize framing techniques that involve any Content or portion of the Site or suggest any relationship between our Site and you without our express written consent. You may not scrape our Content or Site. You agree not to: decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or insert any code or product or manipulate the Content or Site in any way that affects the user's experience, or use any data mining, data gathering, or data mining extraction method with respect to the Content or Site, or use any cancelbots or Trojan horse in connection with your use of the Site. v Requests to use Content for any purpose other than as permitted in the TOS must be directed to The North Platte Telegraph at 621 N. Chestnut, North Platte, NE , (308) 532-6000 ext. 206, peter.rogers@nptelegraph.com. If you do not seek and obtain such authorization, you should assume no third party has the right to allow you to use the Content.

We have registered an agent with the United States Copyright Office to receive notice of a claimed copyright infringement in accordance with the terms of the Digital Millennium Copyright Act (the "Act"). The Site avails itself of all of the protections under the Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide written notice of all necessary information relating to the alleged infringement to our designated Copyright Agent, 1334 Dodge Street, Omaha, NE 68102, fax no. (402) 345-9115, copyrightagent@owh.com. This contact information is only for good faith suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site.

3. USER SUBMISSION Should you send the Site any materials, ideas, or content of any nature, including but not limited to photographs and documents (collectively, "User Submission"), you do so with the understanding no additional consideration of any sort will be provided to you, and you are hereby waiving any claim against the Site, its owners, operators and their affiliates and related entities regarding the Use (as defined below) of any User Submission.

For any User Submission, you hereby grant the Site, its owners, operators and their affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such User Submission (or any part thereof), in any form, media, software or technology of any kind now existing or developed in the future (collectively, "Use"). Without limiting the generality of the previous sentence, you hereby authorize the Site to share any User Submission in whole or in part with all affiliated companies and web sites, to include any User Submission in whole or in part in a searchable format accessible by users of the Site and other companies and web sites, and to use in our discretion your name and any other information in connection with any Use of any User Submission you provide. You also hereby grant the Site and its owners, operators and their affiliates the right to Use any material, information, ideas, concepts, know-how or techniques contained in any User Submission you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

By providing any User Submission or communicating with the Site, including, for example, communication on any bulletin board, forum, message or chat area, posting any content, placing any advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to any User Submission you provide and the rights to Use it and provide it to us as provided in the TOS; (2) all information you provide is true, accurate, current and complete, and does not violate the TOS; and, (3) any Use of any User Submission provided by you will not cause injury to or violate the rights of any person or entity.

4. FEES AND PAYMENTS

The Site reserves the right at any time to charge fees for access to any portion of the Site or the Site as a whole. Such fees, if any, will be posted in appropriate locations on the Site.

5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

6. INDEMNITY

You agree to indemnify and hold the Site, its owners and operators and their affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of your access or use of the Site (including but not limited to any Content obtained through the Site), your connection to the Site, your violation of the TOS, your violation of applicable law, or any rights of another, or any User Submission provided by you to the Site (including but not limited to any subsequent Use by the Site). You shall cooperate as fully as reasonably required in the defense of any such claim.

7. NO RESALE OF SITE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

8. MODIFICATIONS TO SITE

The Site reserves the right at any time and from time to time to modify, restrict, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or liability. You hereby agree that the Site shall not be liable to you or to any third party for any modification, restriction, suspension or discontinuance of the Site (nor any part thereof). In addition, the Site may at any time transfer rights or obligations hereunder to any affiliate or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Site or any of its assets.

9. TERMINATION

You agree that the Site, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if the Site believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of the TOS. You hereby agree that any termination of your access to the Site under any provision of the TOS may be effected without prior notice, and hereby acknowledge and agree that the Site may immediately deactivate or delete your account and all related information and/or bar any further access to the Site. Further, you hereby agree that the owners and operators of the Site shall not be liable to you or any third-party for any termination of your access to the Site.

14. DEALINGS WITH ADVERTISERS AND PURCHASE TRANSACTIONS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You hereby agree that the Site 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 Site.

During your visit to our Site you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription, a print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The owners and operators of the Site are not responsible or liable for the success or security of transactions undertaken or processed by third parties.

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you hereby agree the Site is not responsible or liable for such errors or discrepancies.

15. LINKS

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Site has no control over such sites and resources, you hereby acknowledge and agree that the Site is not responsible or liable for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site 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, goods or services available on or through any such site or resource.

16 NPTELEGRAPH.COM PROPRIETARY RIGHTS

You hereby acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable copyright, intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the owners and operators of the Site or (if applicable) its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND HEREBY AGREE THAT:

a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE 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, NON-INFRINGEMENT, USAGE OF TRADE OR COURSE OF DEALING.

b. THE SITE MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OR CONTENT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL REVIEWED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE SUITABLE FOR YOUR NEEDS, AND (V) ANY ERRORS IN THE CONTENT, SITE OR SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD NPTELEGRAPH.COM HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION. d. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS NPTELEGRAPH.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NPTELEGRAPH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS, DATA, INFORMATION OR SERVICES REVIEWED, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. REGARDLESS OF WHETHER ANY REMEDY OR WARRANTY (IF ANY) PROVIDED BY THE TOS OR BY OPERATION OF LAW FAILS OF ITS ESSENTIAL PURPOSE, THE CUMULATIVE MAXIMUM RECOVERY AGAINST THE SITE, ITS OWNERS, OPERATORS, PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, FOR ANY CLAIM OF ANY NATURE DIRECTLY OR INDIRECTLY RELATING TO THE TOS, THE SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO ANY USE OF, OR INABILITY TO USE THE SITE, OR CONTENT, SHALL NOT EXCEED THE FEE (IF ANY) ACTUALLY PAID BY THE CLAIMANT TO THE SITE FOR THE SPECIFIC ONE-TIME USE OF THAT PORTION OF THE SITE OR MATERIAL AT ISSUE. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS PARAGRAPH SHALL SURVIVE ANY TERMINATION OF THE TOS.

19. SPECIAL ADMONITION FOR CONTENT RELATING TO FINANCIAL MATTERS If you intend to review or use the Site for information concerning companies, stock quotes, investments or securities, the phrase "Let the investor beware" is apt. The Site is provided for informational purposes only, and no Content included in the Site is intended for trading or investing purposes. The Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Site, and shall not be responsible or liable for any trading or investment decisions made based on such information.

20. TRADEMARK INFORMATION

The domain name of the Site nptelegraph.com the related name of the Newspaper The North Platte Telegraph and logos, and product and service names (collectively, the "Marks") are tradenames, trademarks and/or intellectual property of the Newspaper and/or its subsidiaries. Without prior permission of the Newspaper, you agree not to display or use in any manner, the Marks.

21. GENERAL INFORMATION

a. The TOS constitute the entire agreement between you and the Site and govern your use of the Site, superceding any prior agreements, terms or understandings between you and the Site, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

b. The TOS and the relationship between you and the Site shall be governed by the laws of the State of Nebraska without regard to its conflict of law provisions. With respect to any claim or suit directly or indirectly relating to your use of the Site or any of the TOS, you hereby agree to accept service of process and submit to the personal and exclusive jurisdiction and venue of the courts located within Lincoln County, Nebraska, and you hereby waive any objections thereto.

c. The failure of the Site, its owners or operators, to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

d. If any provision of the TOS is found by a 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 provisions of the TOS remain in full force and effect.

e. You hereby agree that regardless of any statute or law to the contrary, any claim or cause of action directly or indirectly arising out of or related to use of the Site, Content or the TOS must be filed in a federal or state court within Lincoln County, Nebraska, within three (3) months after the earliest date on which any event, act or omission giving rise to such claim or cause of action first began or such claim shall be forever barred and you hereby agree such claim is forever waived. You and the Site hereby irrevocably waive any and all right to trial by jury directly or indirectly arising out of or relating to matters covered by the TOS or your actual or attempted use or access of the Site (including but not limited to any matters relating to Content on the Site).

f. The Site, its owners and operators shall be excused from any performance or obligation to the extent of any delay or interference by factors beyond its reasonable control, including but not limited to acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the TOS to webmaster@nptelegraph.com.

 

Deadline Deals Terms of Service  

Big Honking Deal is a service offered by the North Platte Telegraph and its online website, nptelegraph.com. Use of the Big Honking Deal Site is subject to the Terms of Use and Privacy Policy of nptelegraph.com. In the event of any conflict between the terms set forth below and the Terms of Use for nptelegraph.com, the terms set forth below shall prevail and take precedence. In addition, use of the Big Honking Deal Site or any promotional voucher offered or purchased on or through the Site is also subject to the following terms:

By opting in to the Big Honking Deal, users may be sent offers and marketing or promotional communications or news alerts from the North Platte Telegraph, nptelegraph.com and their affiliates.

Big Honking Deal Terms of Use.

1.Online Promotional Vouchers.

Big Honking Deal permits online promotional vouchers to be offered to its Users. Promotional Vouchers are provided by Merchants and/or Advertisers. Big Honking Deal is not responsible for the redemption, errors/omissions or expiration of vouchers, and it is the User's responsibility to make sure that a voucher is presented to an applicable Merchant or Advertiser. The Merchant or Advertiser, not Big Honking Deal, is the seller or provider of the goods or services obtained through use of any promotional voucher acquired through the Big Honking Deal Site. All offers and promotions on Big Honking Deal are subject to change without notice. Big Honking Deal has no control over the legality of any voucher made by Advertisers, the ability of any of the Merchants or Advertiser to complete the sales in accordance with the voucher, or the quality of the goods offered by the Merchants or Advertiser. Promotional Vouchers are subject to terms and conditions described in the offer and imposed by the applicable Merchant or Advertiser.

In the event that you have a dispute with a Merchant or Advertiser in any way relating to the Big Honking Deal Site or the use of information from the Site, User agrees to waive and release Big Honking Deal from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. Promotional Vouchers purchased on the Big Honking Deal Site by said Users will be fulfilled directly by the Merchant or Advertiser. When purchasing vouchers you will be asked to provide certain information, including credit card information and shipping address. By completing these purchases, User agrees to pay all charges incurred by Users credit card.

Promotional Vouchers cannot be redeemed for cash. Prices and availability of the products and services listed on the Big Honking Deal Site are subject to change without notice. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a Merchant and/or Advertiser, Big Honking Deal and/or Merchant/Advertiser reserves the right to refuse or cancel any order placed for a voucher at the incorrect price, even if the order has been confirmed and/or a credit card has been charged. If a User's credit card has already been charged for the purchase and the order is canceled, User will have to notify the Merchant and/or Advertiser directly for a credit to User credit card account in the amount of the incorrect price, and notify said User of this occurrence. Promotional Vouchers expire on the date stated on the website and on the printed vouchers, except where otherwise prohibited by law.

The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law. Promotional Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.

Big Honking Deal is not responsible for the actual available usage or duration of any promotional voucher, or the policies of the Merchant and/or Advertisers who provide the vouchers. Big Honking Deal is not responsible for any goods or services purchased with vouchers. Big Honking Deal is not responsible for Merchant/Advertisers that are no longer in business or change location(s).

2. Disclaimers and Limitations of Liability.

THE BIG HONKING DEAL SITE IS PROVIDED "AS IS." ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, ARE HEREBY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

BIG HONKING DEAL WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN USER AND ANY MERCHANT, AND THE USER HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST BIG HONKING DEAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS, AND REPRESENTATIVES. BIG HONKING DEAL DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY MERCHANTS OR ADVERTISERS. BIG HONKING DEAL DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL BIG HONKING DEAL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, CLAIMS OR LOSSES OF ANY NATURE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES, CLAIMS OR LOSSES DIRECTLY OR INDIRECTLY ARISING IN CONNECTION WITH OR RELATING TO USERS USE OF THE BIG HONKING DEAL SITE, ANY ACT OR OMISSION BY BIG HONKING DEAL IN ADMINISTERING THE BIG HONKING DEAL SITE, OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR ADVERTISERS, EVEN IF BIG HONKING DEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL BIG HONKING DEAL’S MAXIMUM LIABILITY TO ANY VISITOR OR USER EXCEED THE AMOUNT ACTUALLY PAID BY THE VISITOR OR USER FOR ANY APPLICABLE PROMOTIONAL VOUCHER OFFERED ON THE BIG HONKING DEAL SITE.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BIG HONKING DEAL SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BIG HONKING DEAL SITE.

ANY VISITOR OR USER OF THE BIG HONKING DEAL SITE HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUIT OR CLAIM, COUNTERCLAIM, CROSS-CLAIM, OR CAUSE OF ACTION FILED AGAINST BIG HONKING DEAL OR ANY OF ITS AFFILIATES AND ALSO HEREBY WAIVES ANY CLAIM OR RIGHT TO LEAD, PARTICIPATE OR JOIN IN ANY CLASS ACTION LAWSUIT OF ANY NATURE, IN THE EVENT THE VISITOR USER HAS ANY CLAIM OF ANY NATURE AGAINST BIG HONKING DEAL OR ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE USE OF THE BIG HONKING DEAL SITE, OR ANY SERVICES OR PAYMENTS RELATING TO SUCH USE OR PURCHASE OF ANY PROMOTIONAL VOUCHER, GOODS OR SERVICES ON OR THROUGH SUCH SITE.

ANY CLAIM OF ANY NATURE WHICH ANY USER OR VISITOR MAY HAVE AGAINST BIG HONKING DEAL OR ANY OF ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE USE OF THE BIG HONKING DEAL SITE, OR ANY SERVICES OR PAYMENTS RELATING TO SUCH USE OR PURCHASE OF ANY PROMOTIONAL VOUCHER, GOODS OR SERVICES ON OR THROUGH SUCH SITE, MUST BE FILED WITHIN NINE (9) MONTHS OF THE ACT OR EVENT GIVING RISE TO SUCH CLAIM OR SUCH CLAIM IS RELEASED AND FOREVER BARRED.

Information, software, products and services included in or available through the Big Honking Deal Site may include inaccuracies or typographical errors. Advice received via the Big Honking Deal Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

All references to Big Honking Deal within the above disclaimer and limitation of liability section include the North Platte Telegraph and nptelegraph.com.

3. Modified Terms.

Big Honking Deal reserves the right at all times to discontinue or modify any of our Terms of Use as we deem necessary or desirable. If such changes are made, you will be notified by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site. We suggest to you, therefore, that from time to time you re-read this important notice containing the Big Honking Deal Terms of Use, and nptelegraph.com Terms of Use and Privacy Policy in order that you stay informed as to any such changes. Any use of the Site after such notice shall be deemed to constitute acceptance of such modifications.

 

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