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TERMS OF USE
THIS WEBSITE ("SITE") IS OWNED AND OPERATED BY THE LOUDON COUNTY
VISITORS BUREAU ("LCVB"). IF YOU THE VISITOR TO THIS SITE ("YOU")
DO NOT AGREE TO THE TERMS STATED IN THIS AGREEMENT OR ANY CHANGES THE LCVB MAKES
IN THESE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY.
The information on this Site was supplied by the organizations and corporations
indicated herein. The LCVB, is not responsible for errors, omissions, and information
which may no longer be applicable because of the passage of time. All prices,
dates & times provided through this site are subject to change.
All of the information, content, services and software (including source and
object codes) or available through the Site (collectively, the 'Content') is
owned by the Loudon County Visitors Bureau, and its affiliate companies, licensors
and suppliers. Except as otherwise expressly provided, the Content may not be
reproduced or utilized for commercial purposes without the express written consent
of the LCVB.
You represent and warrant that no materials of any kind submitted by you to
the LCVB site will (i) violate, plagiarize, or infringe upon the rights of any
third party, including copyright, trademark, privacy or other personal or proprietary
rights; or (ii) contain libelous, pornographic or otherwise unlawful material.
You further warrant that you have the right to grant to LCVB all rights that
you have granted to it under this agreement. The LCVB actively protects its
rights to the Content and its trademarks to the fullest extent of the law.
The Content is intended solely for the personal, non-commercial use of users
of the Site. You should assume that everything you see or read on the Service
is copyrighted unless otherwise noted and that no such material may be used
except as provided in these Terms of Service. While you may interact with or
download a single copy of any portion of the Content for your personal, non-commercial,
entertainment, information or use, you may not otherwise reproduce, sell, publish,
distribute, modify, display, share, repost or otherwise use any portion of the
Content in any way or for any other purpose without the written consent of the
LCVB. Requests regarding use of the Content for any purpose other than personal,
non-commercial use should be directed to LCVB@visitmadison.com.
While the LCVB uses reasonable efforts to include accurate and up to date information,
the LCVB makes no warranties or representations as to its accuracy or timeliness
and assumes no liability or responsibility for any errors or omissions in the
Content. Without limiting the generality of the foregoing, the LCVB neither
warrants nor represents that use of any Content will not infringe rights of
third parties. In some cases, Content available on the Site, or information
provided to You while on the Site, may be provided and/or hosted by third parties.
While the LCVB encourages such third parties to abide by these Terms of Service,
the LCVB has no responsibility for actions of third parties.
If you operate a Web site and wish to link to the Site, Your site may link
only to the Site's home page at www.visitmadison.com and not to any other portion
of the Site, unless otherwise negotiated directly with the LCVB. The LCVB reserves
the right to reject or terminate any links to the Content at any time for any
reason. The LCVB has not reviewed all of the sites linked to the Site and is
not responsible for the content of any off-site pages or links to any other
sites.
User Content: The LCVB will use the information provided by You as set forth
in its Privacy Policy. Special provisions of the Privacy Policy apply to information
provided to the LCVB by children under the age of thirteen. Except as explicitly
provided in the Privacy Policy, by placing material on or communicating with
the Site, including communication during any registration process and/or the
submission and posting of any content on the Site, you hereby grant the LCVB,
its affiliates and related entities a royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, copy, modify, display, distribute and
reproduce all such materials in any form, media, software or technology of any
kind now existing or developed in the future. You also grant to the LCVB the
right to use any material, information, ideas, concepts, know-how or techniques
contained in any communication You send to the LCVB, for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using such information.
The LCVB retains exclusive ownership of all material and information regarding
users of the Site, including demographic information, information about personal
preferences and any other information provided by users. No third party may
use such material without the LCVB's specific prior written consent.
General Disclaimer and Limitation of Liability: YOU EXPRESSLY AGREE THAT USE
OF THE SITE IS AT YOUR OWN RISK. NEITHER THE LCVB OR ANY OF ITS OR THEIR EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY
OF ANY KIND REGARDING THE SITE, THE CONTENT, OR THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SITE. THE SITE IS PROVIDED 'AS IS' AND THE LCVB SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES
OF ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY
OR WARRANTIES AGAINST INFRINGEMENT. THE LCVB DOES NOT WARRANT THAT THE SERVICE
PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE.
The LCVB assumes no responsibility, and shall not be liable for, any damages
to, or viruses that may infect, your computer equipment or other property on
account of your access to, use of, or browsing in, the Site or your downloading
of any materials, data, text, images, video or audio from the Site. In no event
shall the LCVB be liable for any injury, loss, claim, damage, or any incidental
or consequential damages (including, but not limited to, lost profits or lost
savings) arising out of or in any way connected with the use of any display
or listing of any data in this Site, or any failure or delay in updating or
including any data in this Site, or any use of or inability to use any data
in this Site.
Some states and countries do not allow the exclusion of implied warranties
or the limitation or exclusion of liability for incidental and consequential
damages, so the above exclusions may not apply to you. If, however, despite
the exclusions contained in this agreement, the LCVB should be found liable
for any loss or damage which arises out of or is in any way connected with any
of the functions or uses of this Site, the LCVB's liability shall not exceed
the amount of any subscription fees and/or service charges, if any, paid by
claimant to the LCVB for the services and/or data with respect to which liability
is found.
IN NO EVENT SHALL THE LCVB, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS,
CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE,
OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN
IF THE LCVB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM,
OR DAMAGES. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY CONTAINED HEREIN, IN NO EVENT SHALL LCVB, ITS AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES:
(a) IN EXCESS OF THE AMOUNT PAID BY YOU, IF ANY, TO THE LCVB IN THE 12 MONTHS
PRIOR TO THE CLAIMED INJURY OR DAMAGE, OR (b) FOR ANY CLAIM, ALLEGATION OR INJURY
RESULTING FROM OR RELATED TO: (1) YOUR USE OR INABILITY TO USE THE SITE; (2)
ANY ERRORS, OMISSIONS OR DEFECTS IN THE SITE OR THE CONTENT; (3) ANY INTERRUPTIONS,
DELAYS IN TRANSMISSION OR COMPUTER VIRUSES.
Miscellaneous: You agree to regularly (no less than monthly) review these Terms
of Service for changes and updates to such terms. The LCVB reserves the right
in its discretion to change these Terms of Service at any time and to notify
users of any such changes by making such changes to this Terms of Service. Your
continued use of the Site thirty (30) days after the posting of any amended
Terms of Service shall constitute your agreement to be bound by any such changes.
The LCVB may modify, suspend, discontinue or restrict the use of any portion
of the Site, including the availability of any portion of the Content, at any
time without notice or liability. The LCVB may deny access to any person or
user at any time for any reason. In addition, the LCVB may at any time transfer
its rights and obligations under this Agreement to any LCVB affiliate, subsidiary
or business unit, or any of their affiliated companies or divisions. These Terms
of Service are governed by and construed in accordance with the laws of Wisconsin,
without regard to its conflicts of law provisions. You hereby agree that any
cause of action you may have with respect to the Site must be filed in the federal
or state courts located in Loudon County, Tennessee, within one year after the
cause of action arises.
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