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Terms of Use
Welcome to this
SDIG, LLC
Web site (this "Web Site").
SDIG, LLC
provides this Web Site subject to the following terms of use (these
"Terms").
These Terms explain a contractual agreement between you ("User," "You," "Your") and SDIG, LLC ("We,"
"Us," "Our") regarding Your use of this Web Site.
You should print a copy of these Terms for Your records. Please
note, however, that We may update and amend these Terms from time to
time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to
information about Our facilities, services, products, and related
links to meet Your needs (the
"Content"). The
Terms are meant to protect all of Our visitors to this Web Site, and
Your access to and use of this Web Site signifies Your agreement
with these Terms. DO NOT USE
THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS.
We reserve the right, in Our sole discretion, to modify, alter or
otherwise update these Terms at any time. Such modifications,
alterations, and updates shall be effective immediately upon
posting. You agree to be bound by such modified, altered, and
updated Terms if You access or use this Web Site after We have
posted notice of such modifications, alterations or updates.
Consistent with Our goals,
this Web Site will permit You to link to many other Web sites that
may or may not be affiliated with this Web Site and/or with Us. The
other linked Web sites have different terms of use that are not the
same as these Terms. Your access to and use of such linked Web sites
through links provided on this Web Site is governed by the terms of
use and policies of those sites, not this Web Site.
2. PRIVACY
Registration data and certain other information about You is subject
to our Privacy Policy. For more information, please review Our
Privacy
Policy
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web Site,
including, but not limited to, text, photographs, images,
illustrations, audio clips, and video clips, is protected by
copyrights, trademarks, service marks, and/or other intellectual
property rights (which are governed by United States and worldwide
copyright laws and treaty provisions, privacy and publicity laws,
and communication regulations and statutes). The Content is owned
and controlled by Us or Our affiliates, or by third party content
providers, merchants, sponsors and licensors (collectively the
"Providers")
that have licensed their content or the right to market their
products and/or services to Us. Content on this Web Site or any Web
site owned, operated, licensed or controlled by the Providers is
solely for Your personal, non-commercial use. You agree to abide by
all additional copyright notices, information, or restrictions
contained in any Content. You may download a single copy of any
Content contained on this Web Site, solely for Your personal,
non-commercial use, consistent with these Terms, provided that You
maintain all copyright and other notices contained in such Content.
You may not
copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content in any way (including by e-mail or other
electronic means) for commercial use without the prior written
consent of Us or the Providers. You may request consent by e-mailing
a request to info@puntadakota.com. Your modification of the Content,
use of the Content on any other Web site or networked computer
environment, or use of the Content for any purpose other than
personal, non-commercial use, without the prior written consent of
Us or the Providers, violates the intellectual property rights and
proprietary rights of the Content owners and is prohibited.
You may not use on Your Web site any registered or unregistered
trademarks, service marks or copyrighted materials appearing on this
Web Site, including but not limited to any logos or characters,
without the express written consent of the owner of the mark or
copyright. You may not
frame, deep link, or otherwise incorporate into another Web site any
of the Content or other materials on this Web Site without Our
express prior written consent.
Violation of trademark and copyright laws may result in significant
civil liability or criminal penalties under United States and/or
worldwide copyright and trademark laws. You recognize that any
reproduction or use of Content, except as authorized by these Terms,
is considered intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web Site
for any purpose that is unlawful or prohibited by these Terms,
including without limitation the posting or transmitting any
threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material. If You violate any
of these Terms, Your permission to use this Web Site immediately
terminates without the necessity of any notice. We retain the right
to deny access to anyone at Our discretion for any reason, including
for violation of these Terms.
You are solely responsible for Your Information, and We act as a
passive conduit for Your online distribution and publication of Your
Information. As used in these Terms,
"Information" means
any information or data that You submit to this Web Site and any
information or data that is generated by this Web Site as a result
of Your use of this Web Site.
In the event that You are provided with User identification numbers
or codes (collectively,
"ID's"), confirmation numbers, and/or passwords (as
applicable) in the use of this Web Site, You shall maintain such
User ID's, confirmation numbers, and/or passwords in confidence and
You agree not to distribute or disclose the same to third parties.
It is Your responsibility to notify Us if We need to change or
discontinue any of Your ID's, confirmation numbers, or passwords. It
is also Your responsibility to immediately request discontinuation
of an ID, confirmation number, or password upon Your knowledge or
belief that such ID, confirmation number, and/or password is, or may
be subject to, a breach of confidentiality. We may suspend or
terminate Your service or access to this Web Site if We believe a
breach of these Terms has occurred.
You agree to provide true, accurate, current and complete
Information. If You provide any Information that is untrue,
inaccurate, not current or incomplete (or We have reasonable grounds
to suspect that such Information
is untrue,
inaccurate, not current or incomplete), We have the right to suspend
or terminate Your access and activity, and refuse any and all
current or future use, of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and
You agree not to use or permit others to use this Web Site, for any
of the following: (a) take any action that imposes an unreasonable
or disproportionately large load on the Web Site's infrastructure,
including but not limited to "spam" or other such unsolicited mass
e-mailing techniques; (b) disclose to, or share with, the assigned
confirmation numbers and/or passwords with any unauthorized third
parties or using the assigned confirmation numbers and/or passwords
for any unauthorized purpose; (c) attempt to decipher, decompile,
disassemble or reverse engineer any of the software or HTML code
comprising or in any way making up a part of this Web Site; (d)
upload, post, emailing or otherwise transmitting any Information,
Content, or proprietary rights that You do not have a right to
transmit under any law or under contractual or fiduciary
relationships; (e) violating any applicable local, state, national
or international law, including, but not limited to, any regulations
having the force of law; and, (f) using any robot, spider,
intelligent agent, other automatic device, or manual process to
search, monitor or copy Our Web pages, or the Content without Our
prior written permission, provided that generally available third
party Web browser such as Netscape Navigator® and Microsoft Internet
Explorer® may be used without such permission.
6. INFORMATION POSTED TO
WEB SITE
With respect to all Information You elect to post to publicly
accessible areas of the Web Site, You agree that We have the right
to use, reproduce, modify, publish, perform and display such
Information (in whole or part) worldwide; provided that such use is
subject to the terms of Our
Privacy Policy.
You acknowledge and agree that We may preserve Information and may
also disclose Information if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms;
(c) respond to claims that any Information violates the rights of
third-parties; or (d) protect the rights, property, or personal
safety of Our business, employees, Providers, affiliates, users,
and/or the public.
7. LINKS TO OTHER WEB
SITES
This Web Site may contain links to third-party and/or other Coldwell
Banker-affiliated Web sites not under Our control or operation (the
"Linked Sites").
The links will let You leave this Web Site, and You access them at
Your own risk. You acknowledge that We provide the Linked Sites for
Your convenience and information only. We do not endorse nor are We
responsible for any content, information, or other related materials
found at any such Linked Sites or any links contained within such
Linked Sites, whether or not We are affiliated with the owners of
such Linked Sites. Moreover, We do not control any use of content,
information or other related material that You provide to, or is
collected and/or tracked by, such Linked Sites. Such use by Linked
Sites is governed by the terms of use statements and/or privacy
policies of such Linked Sites, not this Web Site, and as a result
may differ from Ours. You may not establish a hyperlink to this Web
Site or provide any links that state or imply any sponsorship or
endorsement of Your Web site by Us or the Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through this Web Site,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties, or representations associated
with such dealings are solely between You and such advertiser. You
agree that We (and the Providers) shall neither be responsible nor
liable for any loss or damage incurred by You as the result of any
such dealings or as the result of the presence of such advertisers
on this Web Site.
9. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE
WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE
IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR
MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND
DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT
AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR
CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY,
USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE
ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL
CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY
OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR
OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES
(INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS
OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT
YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR
INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
10. LIMITATION OF
LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES
(INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN
THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT,
WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF
LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE
USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A)
THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY, OR (B) $500. Some states do not
allow for the limitation of liability, so the foregoing limitation
may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL
NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM:
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE
RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER
MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES.
The limitation of liability reflects the allocation of risk between
the parties. The limitations specified in this Section 10 will
survive and apply even if any limited remedy specified in these
Terms is found to have failed of its essential purpose. The
limitations of liability provided in these Terms inure to the
benefit of Us and the Providers, and to all respective officers,
directors, employees, representatives, attorneys, and agents.
11. GOVERNING LAW AND
JURISDICTION
We operate this Web Site (excluding Linked Sites) from Our offices
within the State of Minnesota. It can be accessed from all 50
states, as well as from other countries around the world. As each of
these places has laws that may differ from those of Minnesota, by
accessing this Web Site, You agree that these Terms and Your use of
the Web Site shall be governed in all respect by the internal
substantive laws of the State of Minnesota, without regard to
conflict of laws provisions and shall not be governed by the United
Nations Convention on the International Sale of Goods. You further
submit to exclusive jurisdiction and venue in the state and federal
courts located in the State of Minnesota for all disputes, cases and
controversies regarding this Web Site, Your use of this Web Site,
and Your relationship with Us. We make no representation that
materials on this Web Site are appropriate or available for use in
other locations, and accessing them from territories where the
Content is illegal is prohibited. Those who choose to access this
Web Site from other locations do so at their own risk and are
responsible for compliance with local laws, including laws regarding
the transmission of technical data exported from the United States
or the country in which You reside.
12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We become
aware of it, to any applicable government agencies. You agree to
indemnify, defend and hold Us and the Providers, Our and their
officers, directors, employees, affiliates, agents, licensors, and
suppliers harmless from and against any and all claims, demands,
actions, costs, liabilities, losses and damages of any kind
(including attorneys’ fees) resulting from Your use of this Web
Site, Your breach of any provision of these Terms and/or any
negligent acts, omissions or intentional wrongdoing by You. Any such
indemnification shall be conditioned on Our: (a) notifying You in
writing of any such claim, demand, action, cost, liability, loss or
threat of any thereof; (b) cooperating with You in the defense or
settlement thereof; and (c) allowing You to control such defense or
settlement. We shall be entitled to participate in such defense at
Our own cost and expense.
13. MESSAGE BOARDS
In the event that We provide message boards or discussion forums on
this Web Site (the "Forums"),
You agree to use the Forums only in a noncommercial manner. You
shall not, without our express approval, distribute or otherwise
publish any material containing any solicitation of funds,
advertising, or written solicitation for goods and services. You
agree that any uploaded materials may be republished without
compensation to You or any other person or entity. In addition, You
warrant that all moral rights in any uploaded materials have been
waived. While We do not and cannot review every message posted by
You or any other User in the Forums, and although We are not
responsible for these messages, We reserve the right (but not the
obligation) to delete, move, or edit messages that We, in our sole
discretion, deem abusive, defamatory, obscene, in violation of
copyright or trademark laws, or otherwise unacceptable. We do not
endorse any Information posted on this Web Site.
You agree that You must evaluate, and bear all risks associated
with, the use of any messages, Information, or Content, including
any reliance on the accuracy, completeness, or usefulness of such
messages, Information, or Content. In this regard, You acknowledge
that You may not rely on any Content We create or information
submitted to Us by third parties, including without limitation,
information in the Forums, and in all other parts of this Web Site.
14. OTHER GENERAL
PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and
their officers, directors, employees, affiliates, agents, licensors,
and suppliers. Each of these individuals or entities shall have the
right to assert and enforce these Terms directly against You on its
(or their own) behalf. Our failure to act with respect to a breach
by You or others does not waive Our right to act with respect to
subsequent or similar breaches.
If any provision of these Terms is held to be invalid or
unenforceable, such provision will be struck and the remaining
provisions enforced. Headings are for reference purposes only.
You and We are dealing at arms’ length, creating a commercial
relationship. We are not Your Agent or Your fiduciary, and no
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these
Terms.
The
provisions and conditions of these Terms, and each obligation
referenced herein, represent the entire Agreement between Us
(including the Providers), Our affiliated or related entities, and
You, and supersede any prior agreements or understandings not
incorporated herein. In the event that any inconsistencies exist
between these Terms and any future published terms of use or
understanding, the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE
TERMS.
UPDATED August 1,
2011 Punta Dakota is a trademark of SDIG, LLC
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