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MINER COUNTYSouth Dakota |
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True
Privacy Policy & Terms of Use
Terms & Conditions
- Features described or depicted on the Miner County (MinerCountySD.com) site are subject to change at any time without notice.
- The Site design, and all text, graphics, the selection and
arrangement of text and graphics, all software, and all materials
displayed on or that can be downloaded from the Site are either the
property of, or used with permission by Miner County, and are
protected by copyright and may not be used except as permitted in these
Terms and Conditions or in the text on the Site.
- Any other Trademarks used in the Site are trademarks of
their respective owners. Nothing contained on the Site grants or should
be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademarks displayed on the Site without
the written permission of Miner County or such third party owner.
Any unauthorized use of the Site, materials displayed on or that can be
downloaded from the Site, or any Trademarks displayed on the Site may
violate copyright laws, trademark laws, the laws of privacy and
publicity, and other laws and regulations and civil and criminal
statutes.
- Creating or maintaining a hyperlink from another site to any
page on this Site other than the home page without Miner County's
permission is prohibited. Running or displaying the Site or any
material displayed on or that can be downloaded from the Site in frames
on another site without Miner County's permission is prohibited.
- Your
use of the Site is at your risk. Miner County does
not make any warranties or representations as to its accuracy and
Miner County specifically disclaims any liability or responsibility
for
any errors or omissions in the content on the Site. Neither Miner County nor any other party involved in creating, producing, or
delivering
the Site is liable for any direct, incidental, consequential, indirect,
or punitive damages arising out of your access to, or use of, or
inability to use or access, the Site. Without limiting the foregoing,
the Site and material displayed on or that can be downloaded from the
Site is provided to you "AS IS" WITHOUT, AND Miner County.
DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The foregoing exclusions of implied warranties do not apply to the
extent prohibited by law. Please refer to your local laws for any such
prohibitions.
- Miner County does not assume any responsibility, and
shall not be liable for, any damages to, or viruses that may infect,
your computer, telecommunication equipment, or other property caused by
or arising from your access to, use of, or browsing the Site or your
downloading of any materials, from the Site.
- The
Site contains hyperlinks to sites that are not
maintained by Miner County. Miner County is not responsible for
the content of such sites, and Miner County does not guarantee the
accuracy, validity, legality, or otherwise of such sites or that such
sites will not change without our knowledge. Inclusion of a hyperlink
on the Site is not and does not imply Miner County's endorsement of
such linked site. The user specifically acknowledges that Miner County is not responsible and shall not be liable for any defamatory,
offensive, infringing or illegal materials contained in any such linked
site.
- Any communication or material you transmit or post to
the
Site by e-mail or otherwise, including any data, questions, comments,
or suggestions, is and will be treated as non-confidential and
non-proprietary. Anything you transmit or post may be used by Miner County and its affiliates for any purpose, including without
limitation, reproduction, disclosure, transmission, publication,
broadcast, and posting. Miner County is free to use any ideas,
concepts, know-how, or techniques contained in any communication or
material that you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing
products using such information.
- Although Miner County.
may from time to time monitor or
review discussions, chats, postings, transmissions, bulletin boards and
the like on the Site, Miner County is under no obligation to do so
and assumes no responsibility or liability arising from the contents of
any such communications nor for any error, defamation, libel,
obscenity, profanity, or inaccuracy contained in any such
communication. You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic or
profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense or give rise to
civil liability, or otherwise violate any law. In addition to any
remedies that Miner County may have at law or in equity, if Miner County reasonably determines that you have violated or are likely
to violate the foregoing prohibitions, Miner County may take any
action Miner County reasonably deems necessary to cure or prevent
the violation, including without limitation, the immediate removal from
the Site of the related materials. Miner County will fully
cooperate with any law enforcement authorities or court order
requesting or directing Miner County to disclose the identity of
anyone posting such materials.
- Miner County may at any time revise these Terms and
Conditions by updating this posting. Since you are bound by these Terms
and Conditions, you should therefore periodically visit this page, to
review the then current Terms and Conditions.
- These Terms and Conditions supersede any other agreement
between you and Miner County to the extent necessary to resolve any
inconsistency or ambiguity between them. These Terms and Conditions
shall be governed in all respects by the laws of South Dakota, USA,
without giving effect to its rules relating to conflicts of laws.
- Miner County attempts to ensure that information on this
Web site is complete, accurate and current. Despite our efforts, the
information on this Web site may occasionally be inaccurate, incomplete
or out of date. We make no representation as to the completeness,
accuracy or currentness of any information on the site. For example,
product(s) may be unavailable, they may have different attributes than
those listed or they may actually carry a different price than that
stated on the Web site. In addition, we may make changes in information
about price and availability without notice. While it is our practice
to confirm orders by e-mail, the receipt of an e-mail order
confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the
right, without prior notice, to limit the order quantity on any product
or service and/or to refuse service to any customer. We also may
require verification of information prior to the acceptance of any
order. We value your business, and we are committed to making your
shopping experience an enjoyable one.
- Certain trademarks, trade names and service marks used or
displayed on this Web site are registered and unregistered trademarks,
trade names and service marks of Miner County Other trademarks,
trade names and service marks used or displayed on this Web Site are
the registered and unregistered trademarks, trade names and service
marks of their respective owners.
Limitation of Remedies
In no event shall Miner County be liable for any special,
indirect or consequential damages, whether for breach of contract or
warranty, negligence or other tort, on any type of strict liability
theory or any other theory of liability. Without limiting the generality of the foregoing, Miner County
specifically disclaims any liability for penalties (including
administrative penalties), special or punitive damages, damages for
lost profits or revenues, loss of use of products or any associated
equipment, cost of capital, facilities, services, labor or salaries,
downtime, shutdown or slowdown costs, spoilage or materials, or any
other type of economic loss. All the limitations and disclaimers
contained in the paragraph and in the rest of this contract shall apply
to claims of Customer's clients or any third party asserted by Customer
against Miner County for indemnity or contribution, as well as
direct claims of Customer against Miner County.
Customer shall indemnify Miner County against any and all
losses, liabilities, damages and expenses (including, without
limitation, attorneys fees and other costs of defending any action)
which Miner County may incur as a result of any claim by Customer
or other arising out of or in connection with the products and/or
service sold hereunder and based on (a) any modification of the
products; (b) product or service defects not proved to have been caused
solely by Miner County's negligence; or (c) in the event of resale,
by virtue of Customer's failure to properly disclaim all implied
warranties and consequential damages to subsequent purchasers.
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