Disclaimer
Terms and Conditions for Use of Al McLuckie's Website
Al McLuckie provides this website to your compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THIS SITE. BY ACCESSING THIS
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
Use of this Site. You shall use this site for lawful purposes only. You shall not post or transmit through
this site any material which violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to
civil liability or otherwise violate any law. Without Al McLuckie's express prior approval, you shall not post or
transmit through this site any material which contains advertising or any solicitation with respect to
products or services. You shall not use this site to advertise or perform any commercial solicitation,
including, without limitation, the solicitation of users to become subscribers of other on-line information
services competitive with this site.
Proprietary Information. This site contains copyrighted material, trademarks and other proprietary information,
including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of
this site are copyrighted under the United States copyright laws. You may not modify, publish, transmit,
display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the
content, in whole or in part without consent from Al McLuckie or his affiliates, partners and clients. You may
download one copy of any copyrighted material for your personal, non-commercial home use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express written permission of Al McLuckie or the
copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading copyrighted material. All
rights are reserved. All the pictures on this site are property of Al McLuckie and may not be used for
exhibition on webpages, in printed documents or elsewhere without the proprietor's former permission.
Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER AL MCLUCKIE, HIS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THIS SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE
OR MERCHANDISE PROVIDED THROUGH THIS SITE.
THIS SITE IS PROVIDEINCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THIS SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL AL MCLUCKIE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THIS SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL D ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS
OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE
THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL USE OF AND CONTENT ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AL MCLUCKIE’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Monitoring
Al McLuckie HAS the right, but not the obligation, to monitor the use of this site to determine
compliance with these conditions of use and any operating rules established by Al McLuckie and to satisfy any law, regulation or
authorized government request.
Indemnification
You agree to defend, indemnify and hold harmless Al McLuckie and HIS affiliates and their respective employees
and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable
attorneys’ fees) arising out of your use of this site.
Modifications
Al McLuckie has the right at any time to change or modify the terms and conditions applicable
to use of this site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be
given by any means including, without limitation, posting on this site, or by electronic or conventional mail, or by any other
means. Any use of this site by you after such notice shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions.
Official Warnings
YOU ARE ADVISED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND
OTHER COMMUNICATION. YOU SHOULD KEEP ADVISED OF SUCH COMMUNICATIONS. YOU ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION
TAKEN TO PRESERVE LIFE OR PROPERTY.
Miscellaneous
These terms of use constitute the entire agreement of the parties with respect. to the subject matter
hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
These terms of use shall be construed in accordance with the laws of the State of Nebraska, without regard to its
conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall
not be given any legal import. Al McLuckie neither endorses nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on this site by anyone other than authorized Al McLuckie employee spokespersons while acting in
their official capacities. This Agreement is for the benefit of Al McLuckie, its affiliates and any third party content
providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own
behalf.
Privacy Statement
Al McLuckie collects personally identifiable information on a voluntary basis for the purposes
of: providing customized content, subscription service registration, demographic compilation, and marketing and promotional
campaigns. When information is required that uniquely identifies you as an individual (name, address, phone number, etc), you
will have the opportunity to “opt-out” of any promotional marketing, except when you specifically request marketing
or promotional information.
From time to time, Al McLuckie will perform statistical analysis using data provided by you for the
purposes of: determining interest in various services provided by Al McLuckie, inform advertisers of the effectiveness of their
marketing campaigns, and to better serve your information needs. Also, Al McLuckie may allow select third parties to offer subscription
services or fee-based products through the Al McLuckie site. Al McLuckie makes no guarantees in regard to the policies of these parties
and you should investigate each site’s privacy policy before providing personally identifiable information to them.
Al McLuckie utilizes ‘cookies’ to provide custom content and measure visitation patterns and
user preferences. Cookies are small text files sent from Al McLuckie to your hard drive. These files do not allow anyone else to obtain
your personal information, nor do they cause any harm to your computer. Al McLuckie may provide aggregate (not individual) information
obtained using cookies to third parties, but this information will not include your personally identifiable information.
Your privacy is important to Al McLuckie. We use a variety of security measures to protect your personally
identifiable information from unauthorized use. Al McLuckie does, however, contain links to other web sites that are not controlled by us.
Please take all necessary precautions to protect your information when you visit one of these sites.
Al McLuckie reserves the right to modify this Privacy Policy whenever the need arises. Changes to this policy
will be posted to this site in a timely manner. This policy is not a contractual agreement and does not provide you with any legal rights.
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