TERMS OF USE
AGREEMENT TO TERMS.
We created the Joe Morten & Son, Inc. internet site (referred to as the "Site") for the use and convenience of our customers, prospective customers and agents. By accessing this Site, you agree to all terms, conditions, and notices contained or referenced here (the "Terms of Use"). If you do not agree to these Terms of Use, please do not use this Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
This Site presents information and content that is the property of Joe Morten & Son, Inc. and its affiliates. When used in these Terms of Use, "we" and "our" mean Joe Morten & Son, Inc.
INTELLECTUAL PROPERTY.
All of the information and content on this Site, including but not limited to all text, documents, graphics, software applications, video and audio files, photos and the "look and feel" of the Site ("Content"), is our property, or the property of our suppliers. This content is protected by copyright and/or trademark law under both United States and foreign laws, unless otherwise indicated. Any use of our Content requires our written permission. All rights are reserved. Our current insured customers may make and use printouts of the Content for personal, non-commercial use only, provided that the printouts retain all copyright, trademark and proprietary notices. The use of the Content on any other Web site or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another Web site, is expressly prohibited without our prior written permission.
THIRD-PARTY SITES.
The Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators.
CHILDREN.
This Site does not intend to market any of our products or services to children. We do not knowingly gather, or solicit data, from children through this Site for marketing purposes.
NO WARRANTY.
WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS SITE. HOWEVER, ALL CONTENT ON THIS SITE, OR ON ANY OTHER SITE TO WHICH WE LINK, IS FURNISHED ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR THE FUNCTIONS OF THIS SITE. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OR WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS SITE, OR ANY OTHER SITE TO WHICH WE LINK, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
NO LIABILITY.
BY USING THIS SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD US LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY USE BY YOU OF THIS SITE (OR ANY OTHER LINKED SITE), WHETHER THOSE DAMAGES ARE FINANCIAL IN NATURE OR RESULT FROM LOST, INCOMPLETE OR INTERRUPTED DATA OR TRANSACTIONS. THIS LIMITATION ON OUR LIABILITY MAY BE DIFFERENT IN CONNECTION WITH PARTICULAR PRODUCTS OR SERVICES THAT ARE OFFERED.
ADDITIONAL INFORMATION.
All information, other than personal information subject to our Internet Privacy Policy, submitted to us through this Site or any related Site is our property. We shall be free to use any ideas, concepts, know-how or techniques that you may submit to us through this Site to improve our services. We shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in our Internet Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
VIRUSES.
Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by such hazards.
SECURITY.
We welcome your e-mail correspondence. But Internet and e-mail communications are not confidential. It is possible that information transmitted to us may be read or obtained by other parties. In an attempt to protect your privacy, our e-mail responses do not include personal account information such as social security numbers or account numbers.
CONTENT.
Statements made in Internet sites, newsgroups, message boards, e-mail, forums, conferences and chat rooms reflect only the views of their authors. Forum managers, forum hosts, or Merchants appearing on our Site are not our authorized spokespersons, and their views do not necessarily reflect those of Joe Morten & Son, Inc.
LICENSES AND IDEA SUBMISSIONS.
You agree to grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained there for new or improved products or services) you submit to public areas of our website (such as BBSs, forums and chat rooms) by all means and in any media now known or developed in the future. You waive your moral rights in any of this material and information, and you also warrant that this material and information are original with you, or that you have the right to submit this material and information. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
THIRD-PARTY RIGHTS.
The provisions of the Sections entitled "No Warranty", "No Liability" and "Indemnification" are for the benefit of us and our officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
INTERNATIONAL USE.
We makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
LIMITED LICENSE.
By this Agreement, we grant, subject to the terms herein, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the Site in real time, and to use the materials on this Internet site in a manner consistent with these Terms of Use.
ELECTRONIC MEANS.
If you want to facilitate some transaction under these Terms of Use by exchanging documents, records and signatures electronically or by using electronic agents, the use of electronic facilities or agents shall be in accordance with procedures established by us and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.
INDEMNIFICATION AND FORCE MAJEURE.
Neither Joe Morten & Son, Inc. nor any independent provider/transmitter of information shall be liable in any way for any damages, claim, cause or action or other liability related to your use of this Site. You agree to indemnify and hold harmless Joe Morten & Son, Inc. and its parent company, subsidiaries, and affiliated companies, the independent providers/transmitters and all employees, contractors, officers, and directors thereof (the "Indemnitees") for: (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of the Site as well as any inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees or to any "force majeure" (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.
SEVERABILITY AND INTEGRATION.
Unless otherwise specified here, these Terms of Use constitute the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THE SITE.
Any software that is made available to download from this server ("Software") is the copyrighted work of Joe Morten & Son, Inc. and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE.
IN NO EVENT SHALL WE AND/OR OUR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
TERMINATION.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Site with or without notice.
CHOICE OF LAW AND FORUM.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any related claim or action.
RULES OF CONDUCT
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that does the following:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of Joe Morten & Son, Inc.
You also agree that you will not harvest or collect information about the users or members of the Site or use this information for the purpose of transmitting or facilitating transmission of unsolicited bulk e-mail or electronic communications.
We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, we and/or our agents have the right, at our sole discretion, to remove any content that, in our judgment, does not comply with the Rules of Conduct or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
(Revised 02-28-2020)