Last Modified: August 18, 2020
THESE TERMS EXEMPT LUTZ FROM LIABILITY OR LIMIT THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
As you use the Website we would ask that you let us know if you would like to see improvements or changes that would make it easier for you to find or engage the information you need and want. All we ask is that you agree to abide by these Terms. Take a few minutes to look them over because by using the Website you automatically agree to them. If you don’t agree, please do not use the Website. We may revise and update these Terms from time to time as we deem necessary and at any time. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. Please check these Terms so you are aware of any changes may be.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
You are solely responsible for making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Restrictions on Use of Our Online Materials
All materials on the Website including all information, without limitation, text, software, images, logos, trademarks, service marks, trade names, audio clips, video clips, and music (“Online Materials”) are owned by Lutz, its licensors, or other providers of such Online Material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your continued compliance with these Terms, we hereby grant you a limited, non- exclusive, non-transferable, non-sublicensable right and license to access and use the Website solely for your personal, non-commercial purposes. You may only continue to use the Website provided that you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the Online Materials, 3) you do not use the Online Materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of Online Materials to a database, server, or personal computer for reuse for commercial purposes. You may not copy, reproduce, republish, upload, post, create derivative works of, publicly display, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort, or misrepresent any content on the Website. Any attempts to modify any Online Materials, or to defeat or circumvent our security features is prohibited. You may not access or use the Website for commercial purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Online Materials or any other content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Lutz name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Lutz, its affiliates, or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website,
or which, as determined by us, may harm us or users of the Website or expose them to liability.
- As part of any service or product offerings to third parties.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers,
personal information or any other information about others;
- Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
- Provide any false personal information, or create an account for anyone other than yourself;
- Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
- Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
- Remove or falsely add to any Online Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Online Material;
- Use the Website or any Online Materials in any manner that infringes any intellectual property
rights or other rights of any party;
- Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any
purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material to the Website which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the Website;
- Violate any applicable laws or regulations related to the access to or use of the Website or any Online Materials or engage in any activity prohibited by these Terms;
- Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
- Violate the rights of Lutz or any third party (including rights of privacy and publicity) or abuse,
defame, harass, stalk or threaten another; and
- Use any Lutz domain name as a pseudonymous return e-mail
Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these
YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR OR LAW ENFORCEMENT AUTHORITY INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. We are under no obligation to update such material.
Information About You and Your Visits to the Website
Submitting Your Online Material to Us
YOUR USE OF THE WEBSITE, THE CONTENT THEREON, AND ANY OTHER SERVICES OR ITEMS ACCESSED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT THEREON, AND ANY OTHER PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LUTZ NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LUTZ NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT THEREON, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
To the extent allowed by law, neither Lutz, nor any of its service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of the Website, published programs, videos, services or products, or your purchase of services or products from Lutz via the Website or otherwise.
Limitation of Liability
YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. IT IS UNDERSTOOD AND ACKNOWLEDGED THAT FULL RESPONSIBILITY FOR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION.
IN NO EVENT WILL LUTZ, NOR ANY OF ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE WEBSITE OR OUR ONLINE MATERIALS
- USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE
- FAILURE OF OUR WEBSITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR WEBSITE; OMISSION ON OUR WEBSITE; INTERRUPTION OF AVAILABILITY OF OUR WEBSITE; DEFECT ON OUR WEBSITE; DELAY IN OPERATION OR TRANSMISSION OF OUR WEBSITE; COMPUTER VIRUS OR LIKE FAILURE; DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- PUNITIVE DAMAGES.
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law. Nothing herein precludes a party from seeking specific enforcement, injunctive relief, or other equitable remedy.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR WHETHER CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, TO ACCESS OUR WEBSITE.
You agree to defend, indemnify, and hold harmless Lutz, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Links, Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this
- Send e-mails or other communications with certain content, or links to certain content, on this
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party
You may use these features solely as they are provided by us and solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other
- Link to any part of the Website other than the
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
The Website may contain links to other websites/applications which are provided only as a convenience and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all of the information on the other websites/applications and is not responsible for the content of any other websites/applications, or information, material, products, or services that may be offered through any of these other websites/applications. Inclusion of links to other websites/applications should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites/applications. Lutz is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any other websites/applications referenced on the Website.
Termination of These Terms
Lutz may terminate these Terms at any time and without notice to you, if, in its sole judgment, you breach any term or condition of these Terms. Upon termination, you must destroy all materials. In addition, by providing material on our Website, we do not in any way promise that the materials will remain available to you. Lutz is entitled to terminate all or any part of any of the Website without notice to you.
Termination of access or use of our Website will not waive or affect any right or relief to which Lutz may be entitled at law or in equity.
Jurisdiction and Other Points to Consider
If you use our Website from locations outside of the United States, you are responsible for compliance with any applicable jurisdictional laws. These Terms shall be governed by, construed and enforced in accordance with the laws of Nebraska, without regard to its conflict of law provisions, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Lutz and/or its affiliates’ intellectual property rights, Lutz and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Nebraska, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Douglas County, Nebraska. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Douglas County, Nebraska, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Specifically for Lutz Financial, it is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees. The parties will each pay their required share of the costs of arbitration
Waiver and Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of these Terms will continue in full force and effect. In the event any provision is found by an arbitrator or court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid as written, it may be reformed to the extent necessary to make it reasonable and enforceable.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Website any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that Website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the Website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Lutz legally sufficient notice of infringement. Send copyright infringement complaints to Privacy@lutz.us.
We suggest that you consult your legal advisor before filing a DMCA notice with Lutz’s copyright agent. There can be penalties for false claims under the DMCA.
Electronic Communications, Transactions and Signatures
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
How to Contact Us
13616 California Street, Suite 300
Omaha, NE 68154
747 N Burlington Avenue, Suite 401
Hastings, NE 68901