Privacy Policy
1. Features described or depicted on
the SD Great Lakes (sdgreatlakes.org) site are subject to change at any time
without notice.
2. 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 SD Great Lakes, 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.
3. 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 SD Great Lakes 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.
4. Creating or maintaining a
hyperlink from another site to any page on this Site other than the home page
without SD Great Lakes'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 SD Great Lakes's permission is prohibited.
5. Your use of the Site is at your
risk. SD Great Lakes does not make any warranties or representations as to its
accuracy and SD Great Lakes specifically disclaims any liability or
responsibility for any errors or omissions in the content on the Site. Neither SD
Great Lakes 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 SD Great Lakes. 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.
6. SD Great Lakes 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.
7. The Site contains hyperlinks to
sites that are not maintained by SD Great Lakes. SD Great Lakes is not
responsible for the content of such sites, and SD Great Lakes 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 SD Great Lakes's endorsement of such linked
site. The user specifically acknowledges that SD Great Lakes is not responsible
and shall not be liable for any defamatory, offensive, infringing or illegal
materials contained in any such linked site.
8. 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 SD Great
Lakes and its affiliates for any purpose, including without limitation,
reproduction, disclosure, transmission, publication, broadcast, and posting. SD
Great Lakes 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.
9. Although SD Great Lakes. may from
time to time monitor or review discussions, chats, postings, transmissions,
bulletin boards and the like on the Site, SD Great Lakes 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 SD Great Lakes may have at law or in equity, if SD Great Lakes
reasonably determines that you have violated or are likely to violate the
foregoing prohibitions, SD Great Lakes may take any action SD Great Lakes
reasonably deems necessary to cure or prevent the violation, including without
limitation, the immediate removal from the Site of the related materials. SD
Great Lakes will fully cooperate with any law enforcement authorities or court
order requesting or directing SD Great Lakes to disclose the identity of anyone
posting such materials.
10. SD Great Lakes 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.
11. These Terms and Conditions supersede
any other agreement between you and SD Great Lakes 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.
12. SD Great Lakes 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.
13. 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 SD Great Lakes 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 SD Great Lakes 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, SD Great Lakes 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 SD Great Lakes for indemnity or
contribution, as well as direct claims of Customer against SD Great Lakes.
Customer shall indemnify SD Great
Lakes against any and all losses, liabilities, damages and expenses (including,
without limitation, attorneys fees and other costs of defending any action)
which SD Great Lakes 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 SD Great Lakes'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.