Acknowledgment and Acceptance of www.TheWabashValley.com User Agreement


www.TheWabashValley.com, ("TRH Software, Inc, hereafter referred to as www.TheWabashValley.com") shall provide services ("the www.TheWabashValley.com Service") to you ("User") under the terms and conditions of this www.TheWabashValley.com User Agreement ("the Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH WWW.THEWABASHVALLEY.COM. BY COMPLETING THE REGISTRATION PROCESS AND BY CHECKING THE "I AGREE THAT" CHECK BOX YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH WWW.THEWABASHVALLEY.COM AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS E-MAIL SITE. PERSONS UNDER 18 YEARS OF AGE MAY NOT SIGN UP FOR WWW.THEWABASHVALLEY.COM SERVICE.

Acceptable Use Policy

The following policy governs the use of the www.TheWabashValley.com Service by User. User will comply with the terms and spirit of the Agreement.

  1. User grants www.TheWabashValley.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that is covered by intellectual property rights, like photos and videos that the User post or uploads to www.TheWabashValley.com

  2. User shall not post or upload any inappropriate content to the www.TheWabashValley.com including, but is not limited to
     
    1. Vulgar or offensive language such as curse words,

    2. nudity or pornographic images

  3. User shall not use the TheWabashValley.com Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. User shall not attempt to interfere in any way with www.TheWabashValley.com networks or network security, or attempt to use theTheWabashValley.com Service to gain unauthorized access to any other computer system.

  4. User shall at all times provide www.TheWabashValley.com with accurate information. User shall immediately notify www.TheWabashValley.com of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or www.TheWabashValley.com's provision of the www.TheWabashValley.com Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the www.TheWabashValley.com services without the express written consent of www.TheWabashValley.com.

Privacy Policy Review our privacy policy.

Title

Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the www.TheWabashValley.com Service, and provided by either www.TheWabashValley.com or sponsors or any other content provider shall remain the sole property of www.TheWabashValley.com and/or its sponsors or any other content provider.

Indemnification

User agrees to indemnify and hold www.TheWabashValley.com and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the www.TheWabashValley.com Service, the violation of the Agreement by User, or the infringement by User, or by any other user of the www.TheWabashValley.com Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications.

Disclaimer of Warranty

WWW.THEWABASHVALLEY.COM EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE WWW.THEWABASHVALLEY.COM SERVICE. THE WWW.THEWABASHVALLEY.COM SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE WWW.THEWABASHVALLEY.COM SERVICE IS BORNE BY USER. WWW.THEWABASHVALLEY.COM MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE WWW.THEWABASHVALLEY.COM SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WWW.THEWABASHVALLEY.COM OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WWW.THEWABASHVALLEY.COM SERVICE, THE PERFORMANCE OF WWW.THEWABASHVALLEY.COM SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THEWABASHVALLEY.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT WWW.THEWABASHVALLEY.COM RECEIVED FROM USER FOR THE WWW.THEWABASHVALLEY.COM SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.

Modification

www.TheWabashValley.com reserves the right to modify the www.TheWabashValley.com Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement at any time, without notice. Continued use of the www.TheWabashValley.com Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement.

Termination

www.TheWabashValley.com Service may be terminated for any reason, in whole or in part, effective immediately, by either www.TheWabashValley.com at any time without notice and without any liability whatsoever, and User hereby releases www.TheWabashValley.com from any such liability. Upon termination, User's right to use the www.TheWabashValley.com Service immediately ceases, and www.TheWabashValley.com is not obligated to forward any unread or unsent messages to User or any third party. www.TheWabashValley.com shall not be liable to User or any third party for termination of the www.TheWabashValley.com Service.. In addition, www.TheWabashValley.com retains the right, at www.TheWabashValley.com's sole discretion, to terminate any and all parts of the www.TheWabashValley.com Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If www.TheWabashValley.com determines that User has failed to comply with any of the terms of the Acceptable Use Policy above, www.TheWabashValley.com shall, if and when it deems it appropriate, (1) facilitate criminal prosecution against such User by referring User's messaging activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to www.TheWabashValley.com for any direct, indirect, special, incidental, or consequential damages incurred by www.TheWabashValley.com as a result of User's messaging or other prohibited activity.

Severability

If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

Action Limit

User and www.TheWabashValley.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

No Waiver

No waiver on the part of www.TheWabashValley.com to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.

www.TheWabashValley.com Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of any www.TheWabashValley.com successor companies or assigns.

Headings

The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

Entire Agreement

This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana applicable to agreements executed and performed wholly within the State of Indiana