User Agreement

Terms of Use

Welcome to the 1975OmahaTornado.org and/or Omaha5675.org web site, a service provided by J. Scott Hayden (collectively, "1975OmahaTornado.org", "Omaha5675.org", “J. Scott Hayden,” “we,” or “us”). Please read this User Agreement before you use this web site. By using this web site, you agree to abide by the terms of this agreement. If you don’t agree to these terms, then please don’t use this web site. We may change the terms of this agreement from time to time. By continuing to use the web site after we post any changes, you accept and agree to this agreement, as modified.

This User Agreement applies to the web site(s) owned and operated by J. Scott Hayden on which it is posted. Some J. Scott Hayden web sites may have different or additional terms for their respective User Agreements, terms of use, subscriber agreements, privacy policies, or other terms and policies. In these cases, those agreements, terms, and policies apply to those sites. By accessing any other J. Scott Hayden web site, you agree to abide by each web site’s applicable User Agreement, terms of use, subscriber agreement, privacy policy, or other terms and policies.


Feedback

We invite you to send in your questions or comments about this web site, or to bring to our attention any material you believe to be inaccurate. You may provide general feedback my sending email to webmaster@shayden.com, and we will, if appropriate, respond to you.


Contents and Linking

The material that appears on this web site is for general informational purposes only. While we try to ensure that any information we post to this web site is both timely and accurate, errors may appear from time to time. This web site may not be updated daily, and certain information may not be the most current information available. Though we may post follow-up information and reports, and may continue to provide access to the original information and reports, as in an archive of news stories, for example, we may not go back and change the original report to reflect new developments. If you're looking for the most recent information on a given subject be sure you're not looking at an out of date report. Before you act on information you've found on our web site, you should independently confirm any facts that are important to your decision.

J. Scott Hayden is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another web site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by J. Scott Hayden or its licensors.

Although we make this web site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the web site The materials available through this web site are the property of J. Scott Hayden or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, J. Scott Hayden and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this web site, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this web site in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this web site and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this web site should be sent to webmaster@shayden.com.

We welcome links to the homepage of our web site. You are free to establish a hypertext link to the homepage of this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by J. Scott Hayden. We do not permit framing or inline linking to our web site or any portion of it.


Trademarks

We don't want anyone to be confused as to which materials and services are provided by J. Scott Hayden and which aren't. You may not use any trademark or service mark appearing on this web site without the prior written consent of the owner of the mark. Other trademarks appearing on this web site or other sites linked to from this web site are the property of their respective owners.


Submissions and Postings; Disclosure

You are solely responsible for any information that you submit or post on this web site. By using this web site you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this web site or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.

We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this web site to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this web site

J. Scott Hayden welcomes your feedback about this web site and our products and services. We ask that you limit your feedback to these items. Nevertheless, any communications you send to this web site or otherwise to J. Scott Hayden are deemed to be submitted on a non-confidential basis and become the sole property of J. Scott Hayden. J. Scott Hayden may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All such uses by J. Scott Hayden shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.


Termination

J. Scott Hayden reserves the right at any time to terminate your use of this web site if you fail to comply in full with any term of this agreement, or any other terms, agreements, or policies that apply to this web site and the use of it.


Indemnification

You agree to indemnify, defend, and hold harmless J. Scott Hayden (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of this web site Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with J. Scott Hayden in connection with our defense.

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." J. Scott Hayden AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL J. Scott Hayden (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF J. Scott Hayden AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF J. Scott Hayden (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO J. Scott Hayden FOR THE USE OF THE WEBSITE.


Miscellaneous

To obtain access to certain services on our web site, you may be required to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. J. Scott Hayden reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

This User Agreement has been made in and shall be construed in accordance with the laws of the Commonwealth of California. By using this web site, you consent to the exclusive jurisdiction of the state and federal courts in Concord, California, in all disputes arising out of or relating to this agreement or this web site. In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

By using this web site, you agree to abide by the terms of this User Agreement. We hope you enjoy using this web site, and we welcome suggestions for improvements.