TERMS AND CONDITIONS OF USE
FOR PIUTE.ORG's WEB SITE
*** IMPORTANT - PLEASE READ CAREFULLY ***
BY USING THIS WEB
SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED
OR REFERENCED HEREIN (THE "TERMS AND CONDITIONS OF USE"). IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE.
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO UPDATE OR CHANGE THESE TERMS AND
CONDITIONS OF USE AT ANY TIME. PLEASE PERIODICALLY CHECK THE TERMS AND
CONDITIONS OF USE FOR ANY CHANGES. YOUR CONTINUED USE OF THIS WEB SITE FOLLOWING
THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS OF USE WILL CONSTITUTE
ACCEPTANCE OF THOSE CHANGES.
Bushman Web Service ("BWS")
owns and maintains this web site as a service to its customers, potential customers, and
other interested parties. You may visit us, browse our pages, and download
documents, subject to these Terms and Conditions of Use.
USER'S
GRANT OF LIMITED LICENSE
By posting or
submitting content to this web site, you:
- agree to abide
by Bushman Web Service Rules of Conduct, including but not limited to,
agreeing not to use this web site for any unlawful purpose.
- grant Bushman
Web Service and its affiliates and licensees the right to use, reproduce,
display, perform, adapt, modify, distribute, have distributed, and promote
the content in any form, anywhere and for any purpose without compensation
or attribution to you; and
- warrant and
represent that you own or otherwise control all of the rights to the content
and that public posting and use of your content by Bushman Web Service will
not infringe or violate the rights of any third party.
PROPRIETARY
RIGHTS
You acknowledge
and agree that all content and materials available on this web site are
protected by copyrights, trademarks, service marks, patents, trade secrets or
other proprietary rights and laws. Except as expressly authorized by Bushman Web
Service, you agree not to sell, license, rent, modify, distribute, copy
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from such materials or content.
Notwithstanding
the above, you may print or download one copy of the materials or content on
this web site on any single computer for your personal, non-commercial use,
provided you keep intact all copyright and other proprietary notices. However,
it is your responsibility to ascertain whether any information downloaded from
this web site is free of viruses, worms, trojan horses, or other items of a
potentially destructive nature.
Systematic
retrieval of data or other content from this web site to create or compile,
directly or indirectly, a collection, compilation, database or directory without
written permission from Bushman Web Service is prohibited. In addition, use of
the content or materials for any purpose not expressly permitted in these Terms
and Conditions of Use is prohibited.
Nothing contained
on this web site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use this web site or any documents displayed
on this web site, through the use of framing or otherwise, except: (a) as
expressly permitted by these Terms and Conditions of Use;
or (b) with the prior written permission of Bushman Web Service or such third
party that may own the trademark or copyright of material displayed on this web
site.
Bushman Web
Service may
alter, suspend, or discontinue this web site at any time for any reason, without
notice or cost. The web site may become unavailable due to maintenance or
malfunction of computer equipment or other reasons.
NOTICE
AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
Information
contained herein has been obtained from sources deemed reliable. If
you believe any materials accessible on or from this web site infringe your
copyright, you may request removal of those materials (or access thereto) from
this web site by contacting Bushman Web Service' copyright agent (identified
below) and providing the following information:
- Identification
of the copyrighted work that you believe to be infringed. Please describe
the work, and where possible include a copy or the location (e.g., URL) of
an authorized version of the work.
- Identification
of the material that you believe to be infringing and its location. Please
describe the material, and provide us with its URL or any other pertinent
information that will allow us to locate the material.
- Your name,
address, telephone number and (if available) e-mail address.
- A statement
that you have a good faith belief that the materials used are not authorized
by the copyright owner, its agent, or the law.
- A statement
that the information that you have supplied is accurate, and indicating that
"under penalty of perjury," you are the copyright owner or are
legally authorized to act on the copyright owner's behalf.
- A signature or
the electronic equivalent from the copyright holder or authorized
representative. Bushman Web Service' agent for copyright issues relating to
this web site is to be found at
webmaster@bushmanwebservice.com
In an effort to
protect the rights of copyright owners, Bushman Web Service reserves the right,
in its sole discretion, to terminate access to all or part of this web site,
with or without notice and at any time, to anyone that infringes other's
copyrights.
NO
WARRANTIES
ALL
INFORMATION, DOCUMENTS, SOFTWARE, PRODUCTS, AND SERVICES AND ALL OTHER MATERIALS
("CONTENT") PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NONINFRINGEMENT.
BUSHMAN
WEB SERVICE AND ITS SUBSIDIARIES AND ITS LICENSORS DO NOT WARRANT THAT THE
CONTENT IS ACCURATE, RELIABLE, CORRECT OR COMPLETE; THAT THIS WEB SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR
ERROR-FREE; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK.
LIMITATION
OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL BUSHMAN WEB SERVICE, ITS SUBSIDIARIES OR ITS LICENSORS
BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR
OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF DATA, REVENUE OR PROFITS THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION
CONTAINED ON THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, AND EVEN IF BUSHMAN WEB SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
IN
NO EVENT SHALL BUSHMAN WEB SERVICE TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EXCEED AMOUNTS
YOU HAVE PAID TO BUSHMAN WEB SERVICE DURING THE MOST RECENT THREE (3) MONTH
PERIOD FOR USING THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ACCURACY
OF CONTENT AND FUTURE MODIFICATIONS TO WEB SITE
The information
on this web site may contain errors, technical inaccuracies or typographical
errors, and Bushman Web Service makes no guarantee of accuracy or completeness.
Bushman Web Service reserves the right to make changes to any Content without
obligation to notify any person of such changes.
TERMINATION
Bushman
Web Service
reserves the right, in its sole discretion, to terminate your access to all or
part of this web site, with or without notice and at any time.
AVAILABILITY
OF PRODUCTS AND SERVICES MENTIONED
Content that
Bushman Web Service publishes on this web site may contain references or cross
references to products or services that are not available or approved by the
appropriate regulatory authorities in your country. Such references do not imply
that Bushman Web Service intends to announce or make available such products or
services to the general public, or in your country. Consult your Bushman Web
Service account representative to determine which products and services may be
available to you. Product descriptions and specifications are subject to change.
Bushman Web Service may periodically add or update the Content without notice.
INDEMNIFICATION
By
using this web site, you agree to defend, indemnify and hold harmless Bushman
Web Service and its subsidiaries and other affiliated companies and their
employees, contractors, officers and directors from all liabilities, claims and
expenses, including attorney's fees, that arise from your use or misuse of this
web site. Bushman Web Service reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with Bushman Web
Service in asserting any available defenses.
ADVERTISING
As an advertising customer of the this
website you agree to the term of this agreement and furthermore that advertising is for the current
year from January 1 through December 31st of the year you are a paid advertiser. Advertising fees
are due and payable January 1 of the year you are to be an advertising customer. Fees are not
prorated regardless of the number of months you are an advertising customer. All advertising
agreements automatically renew each year unless written intent to terminate such agreement is
presented to Bushman Web Service no later than 30 days in advance of renewal, this is defined as
December 1st of the current advertising year. The advertising customer agrees to pay the published
sponsorship fee in full prior to the established January 1st deadline. All fees not paid by
February
1st of that year will result in the removal of any and all materials related to your business and
advertising. A reinstatement fee of $150 will apply to reinstate your links, web pages or other
promotional materials to the website. Once fees are paid they are non-refundable, regardless of any
cause for termination of any advertising. Bushman Web Service retains the right to terminate any
advertising (and this Agreement), for failure to pay the established advertising fees. Bushman Web
Service retains the right to terminate any advertising (and this Agreement), for any business
engaging in activities determined to be detrimental to Bushman Web Service, any of it's business
activities, to this website or those of it's other advertising customers. Bushman Web Service will
provide written 30 day notice of intent to terminate such agreements and the reason for cause of
such termination. Advertising fee's
are designed to lessen the financial burden of the this website and do not necessarily reflect
the total cost of the website operation, activity or item. It is understood that Bushman Web Service
retains all copyrights to materials used on this website and advertising on it shall not be
construed as granting, by implication, estoppel, or
otherwise, any license or right to use this web site or any documents displayed
on this web site, through the use of framing or otherwise, except: (a) as
expressly permitted by these Terms and Conditions of Use;
or (b) with the prior written permission of Bushman Web Service or such third
party that may own the trademark or copyright of material displayed on this web
site.
LINKS
TO THIRD-PARTY WEB SITES
This
web site may contain links to non-Bushman Web Service web sites. These links
are provided to you as a convenience, and Bushman Web Service is not
responsible for the content of any linked web site. Any outside web site
accessed from the Bushman Web Service web site is independent from Bushman Web
Service, and Bushman Web Service has no control over the content of that web
site. In addition, a link to any non-Bushman Web Service web site does not
imply that Bushman Web Service endorses or accepts any responsibility for the
content or use of such a web site.
NO
IMPLIED ENDORSEMENTS
In no event shall
any reference to any third party or third party product or service be construed
as an approval or endorsement by Bushman Web Service of that third party or of
any product or service provided by a third party.
INTERNATIONAL
USE
Bushman
Web Service
makes no representation that information on this web site is appropriate or
available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who
choose to access this web site from outside the United States do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
SUBMISSIONS
TO BUSHMAN WEB SERVICE AND AFFILIATED SERVERS
Any information,
including but not limited to remarks, suggestions, ideas, graphics, or other
submissions, communicated to Bushman Web Service through this web site is the
exclusive property of Bushman Web Service. Bushman Web Service is entitled to
use any information submitted for any purpose, without restriction (except as
stated in Bushman Web Service' Privacy Policy and Children's Privacy Policy)
and without compensation to the person sending the submission. You acknowledge
the originality of any submission communicated to Bushman Web Service and
accept responsibility for its accuracy, appropriateness, and legality.
MISCELLANEOUS
Bushman Web Service 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. Bushman Web Service may assign its rights and duties under this
Agreement to any party at any time without notice to you.
ENTIRE
AGREEMENT
Unless otherwise
specified herein, these Terms and Conditions of Use constitutes the
entire agreement between you and Bushman Web Service with respect to this web
site and supersedes all prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and Bushman Web Service with
respect to this web site. Bushman Web Service retains the right to change the terms of this
agreement at any time, without notice. If any part of these Terms and Conditions of Use
is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force
and effect. Bushman Web Service may, at its sole discretion and without notice,
revise these terms at any time by updating this posting.
CHOICE
OF LAW AND FORUM
These
Terms and Conditions of Use are governed and interpreted pursuant to the
laws of the State of Colorado, United States of America, notwithstanding any
principles of conflicts of law. All disputes arising out of or relating to these
Terms and Conditions of Use shall be finally resolved by arbitration conducted
in the English language in Denver, Colorado, U.S.A. under the commercial
arbitration rules of the American Arbitration Association. The parties shall
appoint as sole arbitrator a retired judge who presided in the State of
Colorado. The parties shall bear equally the cost of the arbitration (except
that the prevailing party shall be entitled to an award of reasonable attorneys'
fees incurred in connection with the arbitration in such an amount as may be
determined by the arbitrator). All decisions of the arbitrator shall be final
and binding on both parties and enforceable in any court of competent
jurisdiction. Notwithstanding this, application may be made to any court for a
judicial acceptance of the award or order of enforcement. Notwithstanding the
foregoing, Bushman Web Service shall be entitled to seek injunctive relief,
security, or other equitable remedies from the United States District Court for
the District of Colorado or any other court of competent jurisdiction.
FOR
ADDITIONAL INFORMATION
If
you have any questions about the rights and restrictions above, please contact
Bushman Web Service at
webmaster@bushmanwebservice.com
The terms Piute.org and www.Piute.org are Copyright
© 2000, 2010 Bushman Web Services.
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