Terms Of Use

Agreement between User and Nebraska Department of Transportation (NDOT) StoreFront

The Nebraska Department of Transportation ("NDOT") operates this website, NDOT Storefront, to provide online access to NDOT information and products. By accessing and using this website, you agree to each of the terms, conditions and notices set forth herein ("Terms of Use"). Your use of the NDOT Storefront website in any way constitutes your acknowledgement that you have read, understood, agree, and are legally authorized to agree to be bound by all such terms, conditions, and notices, hereinafter referred to as this "Agreement".

Modification of these Terms of Use

NDOT Storefront reserves the right to modify this Agreement at any time without providing you prior notice. Your use of the NDOT Storefront website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The most current Terms of Use date is set forth below.

Modification to Website

NDOT Storefront reserves the right to modify or update the website without prior notice.

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Use of Website

Your use of the NDOT Storefront website is conditioned on your agreement with NDOT Storefront that you will not use the NDOT Storefront for any purpose that is unlawful or prohibited by its Terms of Use. You agree that you will not use the NDOT Storefront website in any manner that could damage, disable, overburden, or impair the NDOT Storefront website or interfere with any other party’s rights or use of the NDOT Storefront website. You further agree that you will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the NDOT Storefront website.

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Copyright

Some content on the website is protected by U.S. and/or foreign copyright laws. NDOT Storefront prohibits all use of the website and its content in any way that violates the intellectual property rights of others.

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Trademarks

The website may contain trademarks, service marks, or logos that are the property of NDOT Storefront, and may not be used without the express consent of NDOT Storefront.

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Links to Third-Party Websites

The NDOT Storefront website may contain links to other Third-Party websites (“Linked Sites”). The inclusion of Linked Sites does not imply endorsement by NDOT Storefront of the Linked Sites or any association with their operators. The Linked Sites are not maintained or under the control of NDOT Storefront, and NDOT Storefront MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ANY LINKED SITES OR THE CONTENTS OF LINKED SITES, AND DISCLAIMS ALL LIABILITY FOR THE CONDUCT OF THIRD PARTIES IN ASSOCIATION WITH LINKED SITES. You acknowledge that NDOT Storefront is not responsible or liable for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Technical problems with Linked Sites should be reported to the entity that maintains the site, not NDOT Storefront. NDOT Storefront is not responsible for webcasting or any other form of transmission received from any Linked Site.

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File Download

NDOT allows the use of materials and information on its website including, but not limited to, data/design files, logs, reports, maps, plans, proposals, publications, manuals, and all other additional materials and information that may be added at any time, on the express condition that such materials and information are to be used at the user’s risk. NDOT EXPRESSLY DISCLAIMS WARRANTY OF ANY TYPE FOR THE USE OF SUCH INFORMATION, AND MAKES NO REPRESENTATION WHATSOEVER REGARDING THE CORRECTNESS, THE COMPLETENESS, THE MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OF SUCH INFORMATION. NDOT does not warrant such information against deficiencies of any type or nature. The use of such information for work which is under contract with NDOT does not relieve the contractor of any obligation assumed by the contractor for the complete and proper fulfillment of the terms of the contract. NDOT shall not be responsible for loss or damage to the contractor attributed to or resulting from the contractor’s use of such information.

Website information is subject to periodic change and/or updating. Anyone relying on such information must bear the risk that the information provided may be changed and/or updated without notice. Care should be taken by the user to check for changes/updates regularly. NDOT Storefront does not warrant that the files available for downloading through the website will be free of infection or degradation by harmful computer malware.

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Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NDOT Storefront, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, ASSOCIATES AND/OR ITS SUPPLIERS (COLLECTIVELY “NDOT Storefront”) DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, ITS SERVICES, ITS CONTENT AND ITS PRODUCTS. NDOT Storefront MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NDOT Storefront WEBSITE FOR ANY PURPOSE.

NDOT Storefront DOES NOT WARRANT THAT THE PERFORMANCE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFECTS AND/OR ERRORS, OR THAT THE SERVICE WILL BE CORRECTED. NDOT Storefront DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE WEBSITE CONTENT, AND MAKES NO PROMISE OR GUARANTEE THAT ANY ERRORS, OMISSIONS, OR DEFECTS IN SUCH CONTENT WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NDOT Storefront, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, ASSOCIATES AND/OR ITS SUPPLIERS (COLLECTIVELY “NDOT Storefront”) SHALL NOT BE LIABLE ON ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST BUSINESS, LOST DATA, LOST PROFITS, LOST REVENUE OR INCOME, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF REPUTATION OR GOODWILL, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NDOT Storefront WEBSITE, WITH THE DELAY OR INABILITY TO USE THE NDOT Storefront WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NDOT Storefront WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NDOT Storefront WEBSITE, OR TERMINATION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND WHETHER FORESEEN OR UNFORESEEN, EVEN IF NDOT Storefront HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NDOT Storefront WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NDOT Storefront WEBSITE. NDOT Storefront DISCLAIMS ALL LIABILITY TO YOU IN THE EVENT THAT IT EXERCISES ITS RIGHT TO SUSPEND OR DELETE YOUR USER ACCOUNT FOR BREACH OF THIS AGREEMENT, OR FOLLOWING ANY PERIOD OF PROLONGED INACTIVITY, OR FOR ANY REASON IN THE SOLE DISCRETION OF NDOT Storefront.

NDOT HELPDESK: 402-479-4644

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Indemnification

You agree to indemnify, defend and hold harmless NDOT Storefront, employees, affiliates and third-party information providers to the website from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from your use or inability to use the website and/or its content and products, or your violation of this Agreement.

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Privacy

NDOT Storefront will only use the personal information provided by you in accordance with the Privacy Policy. Click here to view NDOT Storefront’s Privacy Policy.

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Password Security

You are responsible for maintaining the confidentiality of your personal and password information upon registering it on the website, and are further responsible for all use and conduct associated and occurring under your member identification and password.

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No Advice, Legal or Otherwise, or Legal Relationship

NDOT Storefront does not provide legal advice, or advice of any kind. Use of the website and its content does not constitute legal advice nor does it create an attorney-client relationship.

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Access Restriction / Termination

NDOT Storefront reserves the right, in its sole discretion, to modify, suspend, restrict and/or terminate your access to the NDOT Storefront website and the related services or any portion thereof at any time, for any reason, without notice to you. Your breach of any of the terms of this Agreement shall constitute grounds for automatic suspension and/or termination of your user account. NDOT Storefront reserves the right, in its sole discretion, to delete and purge your account following a prolonged period of inactivity. Disclaimer of arranties, the limitation of liability, the jurisdiction and the applicable law governing the provisions of this Agreement shall survive any termination.

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Choice of Law / Choice of Forum

This agreement is governed by the laws of the State of Nebraska. Your use of the website constitutes your consent to the exclusive jurisdiction and venue of Lancaster County, Nebraska in all disputes arising out of or relating to the use of the NDOT Storefront website. Use of the NDOT Storefront website is unauthorized in any jurisdiction that does not give full effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NDOT Storefront as a result of this agreement or use of the NDOT Storefront website.

NDOT Storefront’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NDOT Storefront’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the NDOT Storefront website or information rovided to or gathered by NDOT Storefront with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NDOT Storefront with respect to the NDOT Storefront website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NDOT Storefront with respect to the NDOT Storefront website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

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These Terms of Use are effective as of March 28, 2013.