Terms of Use

Agreement between user and http://www.windom-mn.com

Welcome to http://www.windom-mn.com. The http://www.windom-mn.com website (the “Site”) is
comprised of various web pages operated by City of Windom http://www.windom-mn.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of http://www.windom-mn.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.

http://www.windom-mn.com is a City Information Portal Site
Provide information and online services to the residents of the City of Windom, MN

Privacy
Your use of http://www.windom-mn.com is subject to City of Windom’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.

Electronic Communications
Visiting http://www.windom-mn.com or sending emails to City of Windom constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that City of Windom is not
responsible for third party access to your account that results from theft or misappropriation of
your account. City of Windom and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.

City of Windom collects personally identifiable information from children under the age of thirteen.
City of Windom collects this information for the following reason(s):

We collect information (name, address, legal guardian, age, medical release statements) for
children under 13 for the sole purposes of registering them for youth park and recreation activities,
such as swimming lessons, ice hockey, and T-ball.

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this
website. If you are a parent and you have questions regarding our data collection practices, please
contact us using the information provided at the end of this Agreement. If you are under 18, you
may use http://www.windom-mn.com only with permission of a parent or guardian.

Links to third party sites/Third party services
http://www.windom-mn.com may contain links to other websites (“Linked Sites”). The Linked
Sites are not under the control of City of Windom and City of Windom is not responsible 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. City of Windom is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by City of Windom of the
site or any association with its operators.

Certain services made available via http://www.windom-mn.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
http://www.windom-mn.com domain, you hereby acknowledge and consent that City of Windom
may share such information and data with any third party with whom City of Windom has a
contractual relationship to provide the requested product, service or functionality on behalf of
http://www.windom-mn.com users and customers.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
http://www.windom-mn.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to City of Windom that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of City of Windom or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
City of Windom content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of City of Windom and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of City of Windom or our licensors except as expressly authorized by
these Terms.

International Users
The Service is controlled, operated and administered by City of Windom from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the City of Windom Content
accessed through http://www.windom-mn.com in any country or in any manner prohibited by any

applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless City of Windom, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
City of Windom reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
City of Windom in asserting any available defenses.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. CITY OF WINDOM AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

CITY OF WINDOM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CITY OF WINDOM
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL CITY OF WINDOM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
CITY OF WINDOM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.

Termination/access restriction
City of Windom reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Minnesota and you
hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising
out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and City of Windom as a result of this agreement or use of the Site. City of Windom’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of City of Windom’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by City of Windom 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 City of Windom with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and City of
Windom with respect to the Site. 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 an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.

Changes to Terms
City of Windom reserves the right, in its sole discretion, to change the Terms under which
http://www.windom-mn.com is offered. The most current version of the Terms will supersede all
previous versions. City of Windom encourages you to periodically review the Terms to stay
informed of our updates.

Contact Us
City of Windom welcomes your questions or comments regarding the Terms:

City of Windom
444 9th Street
Windom, Minnesota 56101

Email Address:
webadmin@windom-mn.com

Telephone number:
507-831-6129

Effective as of February 01, 2012