AGREEMENT BETWEEN USER AND Northland Enterprises
The Northland Enterprises Web Site is comprised of various Web pages operated
by Northland Enterprises.
The Northland Enterprises Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the Northland Enterprises Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Northland Enterprises reserves the right to change the terms, conditions, and
notices under which the Northland Enterprises Web Site is offered, including
but not limited to the charges associated with the use of the Northland
Enterprises Web Site.
LINKS TO THIRD PARTY SITES
The Northland Enterprises Web Site may contain links to other Web Sites (Linked
Sites). The Linked Sites are not under the control of Northland Enterprises and
Northland Enterprises is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Northland Enterprises is not responsible
for webcasting or any other form of transmission received from any Linked Site.
Northland Enterprises is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Northland
Enterprises of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Northland Enterprises Web Site, you warrant
to Northland Enterprises that you will not use the Northland Enterprises Web
Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Northland Enterprises Web Site in any manner
which could damage, disable, overburden, or impair the Northland Enterprises
Web Site or interfere with any other parties use and enjoyment of the Northland
Enterprises Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Northland Enterprises Web Sites.
USE OF COMMUNICATION SERVICES
The Northland Enterprises Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, Communication
Services), you agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines, which may be applicable for
any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
Northland Enterprises has no obligation to monitor the
Communication Services. However, Northland Enterprises reserves the right to
review materials posted to a Communication Service and to remove any materials
in its sole discretion. Northland Enterprises reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
Northland Enterprises reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Northland Enterprises’ sole
discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Northland Enterprises
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Northland Enterprises specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Northland Enterprises spokespersons, and their
views do not necessarily reflect those of Northland Enterprises.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Northland Enterprises OR POSTED AT ANY Northland Enterprises WEB SITE
Northland Enterprises does not claim ownership of the materials you provide to
Northland Enterprises (including feedback and suggestions) or post, upload,
input or submit to any Northland Enterprises Web Site or its associated
services (collectively Submissions). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Northland Enterprises,
its affiliated companies and necessary sublicenses permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Northland Enterprises is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in
Northland Enterprises’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Northland Enterprises WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Northland Enterprises AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE Northland Enterprises WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Northland Enterprises WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Northland Enterprises AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Northland Enterprises WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Northland Enterprises AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Northland
Enterprises AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Northland Enterprises
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Northland Enterprises WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Northland Enterprises WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE Northland Enterprises WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Northland Enterprises OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Northland Enterprises WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, AND YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Northland Enterprises WEB SITE.
SERVICE CONTACT: email
us
TERMINATION/ACCESS RESTRICTION
Northland Enterprises reserves the right, in its sole discretion, to terminate
your access to the Northland Enterprises Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Minnesota, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota, U.S.A. in all disputes arising out
of or relating to the use of the Northland Enterprises Web Site. Use of the
Northland Enterprises Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and Northland
Enterprises as a result of this agreement or use of the Northland Enterprises
Web Site. Northland Enterprises performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of Northland Enterprises s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the
Northland Enterprises Web Site or information provided to or gathered by
Northland Enterprises with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Northland Enterprises
with respect to the Northland Enterprises Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Northland Enterprises with respect to the
Northland Enterprises Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents are drawn up
in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Northland Enterprises Web Site are: Copyright © 2004
Northland Enterprises and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Providers Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.