Last modified: 04/02/2020

1. Acceptance of Terms and Privacy Policies; Eligibility: First National Bank of Omaha (the “Company”) operates a community service (the “Service”) that allows you and other authorized users who have been invited by Company to use the Service (each, a “Member” and collectively, “Members”) to communicate with the Company and each other about the Company’s products and services, among other things. These “Rules of Participation” constitute a binding legal agreement (the “Agreement”) between you and the Company governing your access to and use of the Service, which includes without limitation any software used in connection with or otherwise related to the Service (the “Software”). The Service is offered to you conditioned upon your acceptance of this Agreement and Company’s Privacy Policy available at https://www.fnbo.com/privacy-policy/, incorporated herein by reference. Fuel Cycle, Inc. (“Fuel Cycle”) provides the community service that supports and hosts the Service hereunder. Your use of the Service constitutes your acceptance of this Agreement and Company’s Privacy Policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR COMPANY’S PRIVACY POLICY, YOU MAY NOT USE OR ACCESS THE SERVICE. In order to participate in the Service, you must be at least 18 years of age or older or such other greater age depending on the country in which you reside (“Site Minimum Age”) to use the Service. If you are not at least the Site Minimum Age, discontinue using the Service immediately because by using or attempting to use the Service, you represent and warrant that you are at least the Site Minimum Age.

2. Privacy Policies:To provide the Service, Company must collect and use your personal data. All Registration Data and whatever other information about you that we receive from you through your use of the Service is subject at all times to the terms of Company’s Privacy Policy.

3. Changes to Rules of Participation: Company reserves the right to change these Rules of Participation at any time, and such modifications will be deemed effective immediately upon Company’s online posting and/or any other provision to you of the modified terms, as applicable, and if you use the Service after the changes become effective, it will signify your agreement to be bound by the changes. You are responsible for ensuring that you are aware of, and in compliance with, the most recent version of these Rules of Participation at all times. If you do not agree to any of the terms hereof, and/or any future changes made by Company hereto, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features or products that change, augment, or enhance the current Service will be subject to these Rules of Participation.

4. License; General Prohibitions Regarding Your Use of the Service: Company grants you a personal, limited, revocable, non-transferable, non-assignable, and non-exclusive right and license to use the Service and the Software on a single computer. Your right to use the Service and the Software is personal (i.e., for you only). Company reserves the right, at any time, in its sole and absolute discretion, to modify, suspend, terminate, or otherwise discontinue, temporarily or permanently, the Service (or any part thereof) by providing you with notice thereof. Company reserves the right to cancel, suspend, terminate, or refuse access to the Service to anyone at any time in its sole and absolute discretion. You may not use the Service or the Software, in whole or in part, for any purpose that is unlawful in any way, that may cause Company (or any of its licensors, including without limitation Fuel Cycle) legal liability of any kind or nature (either civilly or criminally), that may disrupt the Service or disrupt others’ use of the Service, that may be considered by Company to be any of the following: harassing, libelous, invasive of anyone’s privacy, defamatory, obscene, illegal, harmful, incendiary, discriminatory, prejudice, offensive, hostile, and/or pornographic, that may be prohibited by these Rules of Participation. You may also not use the Service or the Software for any commercial purpose of any kind or nature. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on, the Service and/or the Software, in whole or in part, or any Content (as defined below) contained therein.

5. Member Registration: To become a Member of the Service, you must provide specific registration information online, including without limitation your full name, e-mail address, phone number, and physical address, and create a user profile that includes your personal preferences. Company will use your e-mail address to send you notices and reminders of upcoming activities and sessions on the Service, among other things, except to the extent applicable law requires opt-in consent prior to sending communications. If you do not wish to receive e-mail correspondence, you need to log into the Service and change your e-mail options on the “Preferences” page in the “My Profile” section, or click on the “unsubscribe” link in any email we send you. As part of the registration process, you will select a user name and password for your account (“Account”). You may not: (a) select or use a user name of another person with the intent to, or in a way that may reasonably be interpreted as an attempt to, impersonate that person; (b) use a user name that is subject to the rights (including any intellectual property or other personal rights of any kind) of any other person or entity without such person’s or entity’s prior written authorization; or (c) use a user name that Company, in its sole discretion, deems inappropriate, illegal, violative of any third party rights, and/or offensive or troublesome in any way. You agree to: (x) provide true, accurate, current, and complete information as prompted by the Service’s registration process (collectively, the “Registration Data”); and (y) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. You will maintain a valid email address with Company at all times.

6. Member Account, Password, and Security: You are solely responsible for maintaining the confidentiality of your user name, password, Registration Data, and Account, as well as for any and all uses of any of the foregoing by you and/or any people using the Service under your user name and password (with or without your knowledge or permission). You agree to immediately notify Company in writing of any known or suspected unauthorized use and/or any other breach of security or unauthorized use of the Service of any kind. Company will not be liable for any loss or damage arising from any unauthorized use of your user name, password, Registration Data, and/or Account. Company is not obligated to identify or authenticate any “Member” who accesses the Service. Company is not responsible for identity theft and/or any other misuse of your Registration Data or Account in general.

7. Company Owns Your Member Content and Registration Data; Member Representations; Use Rights; No Compensation for Member Content:

7.1 As between you and Company, Company will solely own all Registration Data and Member Content posted or provided by you on the Service and you hereby assign to Company such Registration Data and Member Content at the time of posting or providing such information on the Service. To the extent that any Registration Data or Member Content is not assignable to Company, you hereby grant, and represent and warrant that you have the right to grant to Company, a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use, host, reproduce, translate, distribute, modify, perform, publish, create derivative works from, and/or publicly display all Registration Data and Member Content posted or provided by you on or through the Service, in whole or in part, for any purpose, in or on any and all media now known or hereafter devised, and alone or together with or as part of other information, content and material of any kind or nature. Without limiting the generality of the foregoing, Company may disclose and use Registration Data and Member Content in its good faith discretion, subject to its privacy policy and applicable law.

7.2 You represent, warrant, and promise to Company and Fuel Cycle that: (a) the Member Content is your original work and that you have the right to assign (or license as applicable) to Company the Member Content posted by you on the Service, (b) your posting or transmitting of Registration Data and Member Content on or through the Service and Company’s and Fuel Cycle’s exercise of their rights you grant hereunder, does not/do not, and will not, violate Section 9 (Member Content) or infringe, violate, or otherwise misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, or any other rights of any kind or nature of any person or entity at any time (or otherwise violate any law, rule, or regulation, and/or the terms hereof), and (c) none of Company or Fuel Cycle will be required to pay or incur any sums to any person or entity as a result of its exercise of its rights hereunder.

7.3 You hereby grant to Company and Fuel Cycle a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use the Registration Data and Member Content for purposes such as technical support, notifying users of changes, providing or enhancing the Services, or any other reasons specifically set forth in any of our policies.

7.4 No compensation will be paid or due you with respect to Company’s, Fuel Cycle’s or its or Fuel Cycle’s sublicensees’ or transferee’s use of the Registration Data or Member Content.

8. Term; Termination: These Rules of Participation (as may be revised from time to time) shall remain in full force and effect at all times while you are a Member. You may terminate your membership at any time and for any reason upon your provision of written notification to us. You understand and agree that the termination of your membership is your sole right and remedy with respect to any dissatisfaction you may have with the Service, subject to applicable law and Company’s Privacy Policy. Company may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability other than as expressly provided. Even after a membership is terminated, the terms hereof that, by their very nature, are intended to survive termination or expiration, shall so survive.

9. Member Content:

9.1 All information, data, text, software, music, sound, images, graphics, video, messages, questions, responses, goods, products, services, and/or any other materials of any kind or nature (individually and collectively, “Content”) posted by Members on the Service (individually and collectively, “Member Content”) shall be the sole responsibility of the Member from whom such Member Content originated. This means that you, and not Company or Fuel Cycle, are entirely responsible for all Member Content that you upload, post, transmit, or otherwise make available, directly or indirectly, on the Service, including without limitation personally identifying information and/or other sensitive data of any kind. When you post Member Content on the Service, your user name will be visible to other Members and attached or adjacent to the Member Content that you post. Please be aware that if you post personal information online, it is accessible to other Members, and as such, you may receive unsolicited messages or Content from such Members. Such other Members may also disseminate this information without your permission or approval. Company does not control the Member Content posted by you or other Members on the Service and as such, does not guarantee the accuracy, integrity, or quality of any such Member Content. By using the Service, you may be exposed to Member Content that is offensive, indecent, illegal, incendiary, defamatory, libelous, illegal, harassing, pornographic, harmful, inaccurate, deceptive, and/or objectionable in some other manner. Subject to applicable law, under no circumstances will Company or Fuel Cycle be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, and/or for any loss, cost, injury, claim, or damage of any kind incurred as a result of the use of any Member Content posted, transmitted, or otherwise made available on the Service at any time. Subject to applicable law, Company makes no warranty, express or implied, with respect to the Member Content and/or your (or anyone else’s) use thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content (including your own), including any reliance on the accuracy, completeness, or usefulness of such Member Content. In addition, except as expressly permitted hereunder, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, delete, distribute, perform, display, license, rent, sell, and/or create derivative works from any Member Content or any other content appearing on or through the Service at any time (in whole or in part).

9.2 Company reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any Member Content for any reason in its sole discretion and without notice. Subject to applicable law, Company assumes no responsibility or liability of any kind or nature for monitoring the Service for inappropriate Member Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Service, Company nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any discovered inappropriate Member Content, and no responsibility for the conduct of any Member submitting Member Content, subject to applicable law.

9.3 You shall not post, upload, transmit or otherwise make available on the Service any Member Content that:
(a)is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind or nature against any group or individual;

(b)harasses or advocates harassment of another person or is abusive, vulgar, or profane;

(c)exploits people in a sexual or violent manner;

(d)contains nudity, sexually suggestive imagery, pornography, pedophilia, incest, bestiality, excessive violence, or other offensive subject matter, and/or contains a link to an adult website;

(e)solicits personal information from anyone under eighteen (18) years of age or otherwise targets, solicits, induces, and/or harms minors in any way;

(f) publicly posts information that poses or creates a privacy or security risk to any person or entity;

(g)constitutes or promotes information that you know, or should have known after reasonable inquiry, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or otherwise in violation of the terms hereof;

(h)constitutes or promotes an illegal or unauthorized use of another person’s or entity’s copyrighted work (or other violation of any third party’s intellectual property and/or other personal right(s) of any kind or nature), including without limitation providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files, by way of example;

(i)constitutes unsolicited or unauthorized: marketing, advertising, endorsement, testimonial, promotion or solicitation, including without limitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spamming,” “spamming,” or “pyramid schemes”;

(j)contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(k)furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;

(l)solicits passwords and/or other personal identifying information from other Members for any reason, including without limitation for commercial purposes or unlawful purposes;

(m)involves commercial activities and/or sales without the prior written consent from Company in each instance (including without limitation, activities such as: contests, sweepstakes, barter, advertising, and/or pyramid schemes);

(n)includes any information, material, audio, photo, and/or video of another person or entity without that person’s or entity’s prior written consent in each instance;

(o)is misleading or deceptive in any way, including without limitation, falsely stating or otherwise misrepresenting your affiliation with any other person or entity;

(p)infringes or otherwise violates any applicable law, rule or regulation, and/or any patent, trademark, trade secret, copyright, privacy right, publicity right, confidentiality right, contract right, or any other right of any third party in any way;

(q) contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; or

(r)contains untrue, inaccurate, inconsistent or incomplete information.

Company reserves the right (but has no obligation) to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Section, including without limitation, having the right to remove the offending Member Content from the Service and terminating or suspending a Member’s right to use the Service without liability of any kind.

Company cannot guarantee that other Members will not use Member Content that you post on the Service for their own personal or commercial benefit (i.e., oftentimes in violation of the terms hereof). You should not post any Member Content on the Service that you would like to keep confidential or do not want others to use or misuse in any manner at any time. SUBJECT TO APPLICABLE LAW, COMPANY AND FUEL CYCLE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MEMBER’S USE, MISUSE OR MISAPPROPRIATION OF ANY MEMBER CONTENT POSTED BY YOU ON THE SERVICE, AND HEREBY DISCLAIM ANY WARRANTY (EXPRESS OR IMPLIED) WITH RESPECT THERETO.

10. Member Conduct: You, and not Company or Fuel Cycle, are responsible for compliance with all laws, rules, regulations, and ordinances in connection with your use of the Service. You agree not to engage in any of the following activities in connection with your use of the Service:
(a)criminal or tortious activity, including without limitation, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets;

(b)advertising to, or solicitation of, any Member to buy or sell any products or services or engage in any other commercial venture or opportunity of any kind or nature;

(c)circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Service;

(d)activity that involves the use of software viruses, worms, spyware, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permits the unauthorized use of or access to a computer, a computer network, the Service, Software, and/or any personal information of any Member at any time (including without limitation any Content and/or Registration Data);

(e)any automated use of the Service;

(f)damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party’s authorized use and enjoyment of the Service;

(g)impersonating or attempting to impersonate another Member, person or entity;

(h)using the Account, Registration Data, username, and/or password of another Member at any time, or disclosing (or failing to adequately protect) your username and/or password, or permitting any third party to access your Account at any time;

(i)using any information obtained from the Service in order to, directly or indirectly, harass, abuse, or harm another person or entity, or attempting to do the same;

(j)allow usage of the Service by others in such a way as to violate this Agreement;

(k)take any steps to interfere with or in any manner compromise any security measures employed by the Service and Company in general;

(l) use the Software or the Service for any unauthorized or fraudulent purpose;

(m) collect and/or distribute any information about other Members;

(n)sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Service, your Account, your Registration Data, and/or your username or password to any third party at any time;

(o)engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information from the Service of any kind or nature;

(p) use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Service; or

(q)attempt to decompile, reverse engineer, disassemble, modify, delete, augment, hack, an/or create derivative works from the Service or the Software (in whole or in part), and/or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service or the Software.

Company reserves the right (but has no obligation) to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Section, including without limitation, reporting a Member to (and cooperating with) law enforcement authorities and/or terminating or suspending a Member’s right to use the Service.

11. Company’s Proprietary Rights: As between Company and you, all right, title and interest in and to the Service, the Software, and any Service Content (including any intellectual property rights contained in any of the aforementioned) is and will remain the sole property of Company and Fuel Cycle. You may not exploit, distribute, sell, lease, modify, amend, copy, use, or incorporate any of the Service, the Software, or the Service Content (including without limitation any artwork, trademarks, or logos of Company and Fuel Cycle) at any time, and/or exploit such Service, Software or Service Content, in whole or in part, in any public or commercial manner, or otherwise in violation of the terms hereof or any other applicable policy of Company. “Service Content” means information, data, text, software, music, sound, images, graphics, video, messages, advertising, links to web sites, and other materials contained in the Service that is provided by Company or Content Suppliers. “Content Suppliers” means third parties who provide Service Content for use in the Service.

12. Advertising: As a result of your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third party advertisers, such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we are not be responsible or liable to you in any way in connection with these activities or transactions.

13. Links to Third Party Sites: The appearance, availability, or your use of URLs or links referenced or included anywhere in the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Company or Fuel Cycle, any of their successors and assigns. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any of their goods or services.

14. Indemnification: You agree to indemnify, defend, and hold harmless Company and Company’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, Content Suppliers, and assigns (including Fuel Cycle and its partners, technology licensors, software vendors and suppliers), from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of, directly or indirectly: (a) your use of the Service (including, without limitation, the Service Content, Software and any Member Content) in violation of this Agreement; (b) your breach of any representation, warranty, or covenant contained in this Agreement; (c) any Member Content posted or transmitted by you on or through the Service; (d) your acts and omissions; and (e) your negligence, intentional misconduct, or violation or alleged violation of any law or any rights of any third party. Company reserves the right (but is not obligated), at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Company and Fuel Cycle in such defense and shall be fully responsible for all costs associated therewith. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract by Company or any of Company’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, and Content Suppliers (including Fuel Cycle and its partners, technology licensors, software vendors and suppliers).

15. Information for California Residents: Under California Civil Code Section 1789.3, Members located in California are entitled to the following consumer rights information: (a) the Service is provided by the Company located at 1620 Dodge Street, Omaha, NE 68197: (b) the fees and related charges for the Service are as set forth in any agreement entered into between Company and you in writing (to which these Rules of Participation are applicable)]; and (c) you may contact Company at the address set forth in subsection (a) immediately above with complaints or to request additional information about the Service. Also, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

16. Copyright Infringement: If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, please send Company written notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.

17. Prize Promotions: If Company offers a sweepstakes, contest, or other promotion to Members (each, a “Promotion”), the terms and conditions of these Rules of Participation will apply along with the official rules specifically created for any such Promotion. To the extent that any provision of any such official rules conflicts with any of the terms hereof, the terms of the official rules shall govern, subject to applicable law. By participating in a Promotion (except where prohibited by law), each participant hereby consents to the use of his or her name, likeness, voice, biography, and other related data in any of the Company’s advertising, promotion and marketing materials throughout the world at any time and in any manner, without additional compensation being due to any such participant. In no event shall Company be liable hereunder for any alleged infringement by any sponsoring entity for any reason at any time, and participant hereby waives any claim he or she may have against the Company (and/or any of its partners or affiliates) in connection with same.

18. DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOUR USE OF THE SERVICE, THE SOFTWARE, AND ALL CONTENT OF ANY KIND CONTAINED THEREIN OR DERIVED THEREFROM (INCLUDING SERVICE CONTENT), IS AT YOUR SOLE RISK. COMPANY AND COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT (INCLUDING SERVICE CONTENT), SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NONE OF COMPANY AND COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, AND SUPPLIERS) MAKE ANY WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND/OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PRIZES (IF ANY), OR OTHER MATERIALS OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING SERVICE CONTENT) WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITATION ON THE FOREGOING, WE ARE UNDER NO OBLIGATION TO STORE AND/OR PROTECT YOUR MEMBER CONTENT, SO IT IS ADVISABLE THAT YOU MAINTAIN YOUR OWN COPY AT ALL TIMES.

Some jurisdictions do not allow the disclaimer of warranties. Such disclaimers and exclusions may not apply to you. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, death, or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

19. LIMITATION OF LIABILITY: SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, DIRECTLY OR INDIRECTLY, EVEN IF COMPANY OR ANY OF COMPANY’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S (OR FUEL CYCLE’S OR ANY OF COMPANY’S OR FUEL CYCLE’S PARTNERS’, TECHNOLOGY LICENSORS’, SOFTWARE VENDORS’, SUPPLIERS’ AND CONTENT SUPPLIERS’) AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT (OR ANY OTHER AGREEMENT ENTERED INTO BY YOU WITH COMPANY IN CONNECTION WITH YOUR USE OF THE SERVICES) EXCEED $500.00.

Some jurisdictions do not allow these limitations of liability. Such limitations may not apply to you. Nothing in this Agreement limits or excludes our liability for fraudulent misrepresentation, intentional or knowing violation of this Agreement or applicable law, death, or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

20. Independent Review: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT WITH YOUR OWN COUNSEL AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN.

21. Notices: Statements, notices, and other communications to you may be made by mail, email, postings within your Account or on the Service or our website, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated on your Account. Company will not be responsible for any undelivered notices caused by your failure to update such information.

22. Choice of Law; Venue; Waiver of Trial by Jury; Waiver of Class-Action: This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of Nebraska, without regard to its conflicts of law principles, except to the extent local law is mandatory for consumers. You may bring any action to enforce this Agreement or in connection with any matters related to the Service only in either the state or Federal courts located in Douglas County, Omaha, Nebraska, and you expressly consent to the exclusive jurisdiction of said courts and waive all venue, jurisdiction and choice of law challenges or defenses, except to the extent local venue is mandatory for consumers. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ADDITIONALLY, EACH PARTY HEREBY EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE OR JOIN A CLASS ACTION OR SIMILAR SUCH (I.E., NON-INDIVIDUALIZED) CLAIM AGAINST THE OTHER PARTY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. EACH PARTY HEREBY ACKNOWLEDGES THAT THIS SECTION SERVED AS A MATERIAL INDUCEMENT TO IT WHEN ENTERING INTO THIS AGREEMENT.

23. No Injunctive Relief: You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, the exploitation of the Service or any Content displayed on the Service, and/or the exploitation of any Promotion or other rights granted to Company (and/or any of its affiliates or partners, including Fuel Cycle) hereunder.

24. Third Party Beneficiary: Fuel Cycle is an intended third party beneficiary of this Agreement.

25. Conflicts between Rules of Participation and Other Terms: Except with respect to any official rules for a Promotion, if any provision contained in this Agreement conflicts with any provision in any other terms available on the Service (including without limitation any terms of use or terms of service), the provision contained in this Agreement governs.

26. General: If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches Company’s intent as expressed in the original provision and the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form will 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. Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement (in whole or in part), by operation of law or otherwise, without the prior written approval of Company in each instance, and any such attempted assignment will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement (including whatever documents the Company has specifically referenced herein as applicable) sets forth the entire understanding and agreement between Company and you with respect to the Service made available in collaboration with Fuel Cycle, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Service made available in collaboration with Fuel Cycle. In the event of a conflict between this Agreement and your Customer Agreement your Customer Agreement shall govern. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties, or to impose any partnership obligation or liability upon any party. Neither party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of the other party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

Please contact us at moderator@circle.fnbo.com with any questions regarding this Agreement.