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Disclaimer 
 

AGREEMENT

BETWEEN USER AND THE WEST VIRGINIA STATE TREASURER’S OFFICE


Any person accessing this Site of the West Virginia State Treasurer’s Office ("Treasurer’s Office" or "Treasurer") agrees this Site is offered to you, the user, conditioned upon your acceptance, without modification or exception, of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all terms, conditions, and notices.

NON-COMMERCIAL AND LAWFUL USE ONLY

This Site is for personal, non-commercial use only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work from, transfer, or sell any information, software, products, or services obtained from this Site. You will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD PARTY SITES

This Site may contain hypertext links or hyperlinks to sites operated by other parties. Such links are provided for your reference only. The Treasurer’s Office does not control such Sites, and is not responsible for their content. Inclusion of a link in this Site does not imply any endorsement of the material or any association with the operators of that link.

WARRANTY/LIABILITY/DISCLAIMER

THE MATERIALS AND INFORMATION IN THIS SITE ARE PRESENTED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TREASURER’S OFFICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND MATERIALS AND INFORMATION PROVIDED HEREIN, WHICH INCLUDE BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-FRINGEMENT.
THE TREASURER’S OFFICE DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IN THIS SITE IS ACCURATE, APPROPRIATE, RELIABLE, OR UP-TO-DATE OR THAT THE SITE IS FREE OF ERRORS OR VIRUSES. IN ADDITION, THE INFORMATION PROVIDED DOES NOT NECESSARILY REPRESENT THE POSITION OR VIEWS OF THE TREASURER OR THE STATE OF WEST VIRGINIA.
INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A REPLACEMENT OR SUBSTITUTE FOR THE WEST VIRGINIA CODE OR ANY RULE, NOR THE ADVICE OF LEGAL COUNSEL. YOU ARE URGED TO SEEK LEGAL ADVICE AND CONFIRMATION OF INFORMATION FOUND AT THIS SITE BEFORE RELYING ON IT.

THE TREASURER’S OFFICE AND STATE OF WEST VIRGINIA, THEIR OFFICERS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, INCLUDING LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY INFORMATION OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR ANY HYPERLINKS OR HYPERTEXT ASSOCIATED WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TREASURER’S OFFICE IS ADVISED OF THE POSSIBILITY OF DAMAGES.

IF ANY STATE OR JURISDICTION APPLYING TO YOU PRECLUDES OR PROHIBITS ANY REQUIREMENT OR EXCLUSION OF THIS AGREEMENT, YOU AGREE TO NOT USE THIS SITE.

COMMUNICATIONS

If this Site contains bulletin boards, chat rooms or other message or communication facilities ("Communication Facilities"), you agree to use the Communication Facilities only to send and receive messages and material that are proper and related to the particular Communication Facilities. You acknowledge that all Communication Facilities are public and not private communications, that the Treasurer’s Office does not review, screen or approve such Communication Facilities. Further, the Treasurer’s Office reserves the right to remove without notice any contents of the Communication Facilities received from users, and to deny, in its sole discretion, any user access to this Site or any portion thereof without notice.

TERMINATION

This agreement may be terminated by you by discontinuing use of the Site and by destroying any and all materials obtained from it, as well as destroying and derivative materials.

GENERAL

The Treasurer’s Office reserves the right to change the terms, conditions, and notices under which this Site is offered at any time.
Certain public records maintained by the Treasurer’s Office are exempt from disclosure under the West Virginia Freedom of Information Act ("FOIA"), West Virginia Code §29B-1-1 et seq. Any request under the FOIA submitted to the Treasurer’s Office will be reviewed and a determination made as to whether or not the records may be disclosed and in what format.

This agreement is governed by the laws of the State of West Virginia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Kanawha County, West Virginia, U.S.A. in all disputes arising out of or relating to the use of this Site.

If any part of this agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be considered 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.

This agreement constitutes the entire agreement between the user and the Treasurer’s Office with respect the this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic , oral, or written, between the user and the Treasurer’s Office with respect to this Site. A printer 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 printer form.