BY ACCESSING AND USING ANY WEBSITE (“SITE”) OWNED OR CONTROLLED BY LINPEPCO PARTNERSHIP (“COMPANY”, “WE” OR “US”) AND WHICH LINKS TO THESE TERMS OF USE (“TERMS OF USE”), YOU ACCEPT THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS CONTENTS IS TO CEASE USING THE SITE.

Use of Site.

You are responsible for any steps necessary for you to have access to the Site. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that: (i) you will not use the Site in any way that violates any applicable federal, state, local or international law or regulation; (ii) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (iii) you will not do anything that could disable, overburden, damage, or impair the operation of the Site or interfere with any person’s use of the Site; (iv) you will not use any robot, spider or other automatic program, device, process or means to access the Site for any unlawful purpose or in violation of these Terms of Use; (v) you will not introduce any malware, including but not limited to viruses, trojan horses, worms, logic bombs, rootkits or other material which is malicious or technologically harmful; (vi) you will not access or attempt to access data or files on the Site that you are not expressly authorized to access, and (vii) you will not co-brand or frame the Site or hyper-link to it without the express prior written permission of an authorized representative of the Company.

Monitoring; Termination of Access.

We have the right to (i) monitor your use of the Site, (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and (iii) terminate or suspend your access to all or part of the Site.

Changes to Terms of Use or Site.

We may change these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms of Use through the Site. Your use of the Site following any changes to these Terms of Use will constitute your acceptance of such changes. We reserve the right to shut down or change the Site, and any service or material that we provide on the Site, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

Registration; User Names and Passwords. 

You may be required to register with the Site and to agree to certain other terms and conditions in order to access certain areas of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.

Intellectual Property Rights.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its affiliates, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted, are reserved by the Company. These Terms of Use permit you to use the Site for your non-commercial use only.

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site. You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, you acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.

Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Company a written notice requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices can be sent to the Company by mail as follows:

1901 Windhoek Dr, Lincoln, NE 68512

Attention: Information Technology Department

Privacy.

All information you submit and we collect on the Site is subject to our Privacy Policy which can be reviewed at https://linpepco.com/privacy-policy/. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Third Party Links.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of such sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the site, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party sites.

Disclaimer.

YOUR USE OF THE SITE, OR ITEMS OR INFORMATION OBTAINED THROUGH THE SITE, IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE SITE OR ITEMS OR INFORMATION OBTAINED THROUGH THE SITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (I) THE USE OF OR THE INABILITY TO USE OUR SITE OR CONTENT, OR (II) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity.

You agree to defend, indemnify and hold harmless Company and its affiliates, and their respective directors, officers, employees, agents, licensors and suppliers, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (i) your use of, or activities in connection with, the Site; or (ii) any violation of these Terms of Use by you or through your account.

Governing Law.

These Terms of Use are governed by and construed in accordance with the laws of the State of Nebraska. By using the Site, you agree that any action in law or equity between you and the Company arising from or pertaining to these Terms of Use shall be filed only in the state or federal courts located in Omaha, Nebraska, U.S.A. Furthermore, by using the Site, you consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.

Severability; No Waiver.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Dated: July 16, 2020