DISCLAIMER
While realsmalltowns.com makes suggestions for trails, and activities, we accept NO responsibility for the user’s decision to use such trails or participate in suggested activities. We expect that individuals will know their own limitations, and do diligent research before embarking on any activity that involves risk. We expect all persons to use caution and common sense when deciding to engage in any activity that involves risk or may cause bodily harm, and realsmalltowns.com accepts no liability for accidents or calamity that may occur while engaging in activities that have been posted on the realsmalltowns.com website. realsmalltowns.com makes every effort to ensure that all information displayed on this web site is accurate and complete, but it is not liable for any errors, inaccuracies or omissions. The majority of information is liable to change at short notice. The links contained in this site are displayed for ease of access, but realsmalltowns.com is in no way responsible for any information displayed on any other web site. Please read these terms carefully prior to using realsmalltowns.com web site. By using this site, you indicate your acceptance of the terms below. If you do not accept or agree to these terms, do not use the site. realsmalltowns.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the web site shall be deemed your conclusive acceptance of the modified agreement.
TRADEMARKS
All product names or services mentioned are trademarks or registered trademarks of their respective owners.
LIMITATION OF WARRANTY AND DISCLAIMERS
In no event shall realsmalltowns.com be liable for any damages whatsoever, and in particular realsmalltowns.com shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any realsmalltowns.com website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You also understand that realsmalltowns.com cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the website and the internet. realsmalltowns.com does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the website, any merchandise, information or service provided through the website or on the internet generally, and realsmalltowns.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advise, services, merchandise and other information provided through the website or on the internet generally. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
CONTENT AND LIABILITY DISCLAIMER
realsmalltowns.com shall not be responsible for any errors or omissions contained at this website, and does not warrant that defects in the website will be corrected. realsmalltowns.com reserves the right to make changes without notice and disclaims any responsibility for providing notice of such changes. In addition, realsmalltowns.com has no liability to make changes to existing product(s) and /or content. realsmalltowns.com does not warrant that the website will be uninterrupted. Accordingly, all realsmalltowns.com and third party information is provided on an “AS IS, AS AVAILABLE” basis without warranties OF ANY KIND. In no event will realsmalltowns.com be liable for (1) any incidental, consequential, or indirect damages arising out of the use or of inability to use the website, or any information, or transactions provided on the website or downloaded from the website, even if realsmalltowns.com or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the website. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states or countries, realsmalltowns.com liability is limited to the greatest extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless realsmalltowns.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your submissions to the website (including negligent or wrongful conduct)
ADDITIONAL INFORMATION
This Agreement shall all be governed and construed in accordance with the laws of the State of Wisconsin, United States of America. You agree that any legal action or proceeding between realsmalltowns.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Wisconsin. Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. realsmalltowns.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. realsmalltowns.com may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision or portion of this Conditions of Use shall be invalid or unenforceable for any reason, it is understood and agreed that such invalidity or unenforceability of any provision or portion of the Conditions of Use shall not affect the validity or enforceability of the other provisions or portions of this Conditions of Use. realsmalltowns.com reserves the right to make changes to the information, materials, authors, speakers, illustrations, products, services, seminars, specifications, availability, plans, and terms and conditions associated with the website at any time, without notice, and without incurring obligations or liability of any kind.
YOUR COMMENTS AND SUBMISSIONS
Any communications or materials you transmit to realsmalltowns.com, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like (“Communications or Materials”) will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant realsmalltowns.com, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials, nor do we represent or warrant that Communications or Materials that you submit will be posted, or will continue to be posted, on the Site. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
INTELLECTUAL PROPERTY
All content on realsmalltowns.com, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content on realsmalltowns.com is owned by realsmalltowns.com LLC. Trademarks, copyrights or other third-party intellectual property referred to on this Web site are the property of their respective owners, and use on this Web site thereof does not constitute or imply endorsement. You may not copy, modify, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of us or the Content Providers.
CONTENT
The content on realsmalltowns.com is intended for information purposes only. There might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, some of the information provided regarding the service, amenities, products, etc. has been provided to us by third parties. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through realsmalltowns.com or obtained from a linked site.
PRIVACY
As a matter of policy, realsmalltowns.com will not sell or rent any personally identifiable information about you to any third party. By using this site, you agree to respect our trademarks and site usage terms and conditions. Please email us with questions or inquiries.
PHOTO SUBMISSIONS
When you submit a photo to realsmalltowns.com you are agreeing to do so for NO compensation more than the photo being credited to you. When you submit a photo to realsmalltowns.com you are acknowledging that this photo was taken by you, is your property, and is NOT copyrighted material. You are also giving permission to realsmalltowns.com to use your photo on its website and for promotional materials with no monetary or material compensation. If your photo is chosen for use on the website or for promotional materials, you will receive public credit for the submission.
