The "Idaho Mountain Express" ("Express" or “we”) is owned by Express Publishing, Inc., an Idaho corporation. The Express welcomes you to its “mtexpress.com” website (the “Website”). Also, the Express welcomes your comments on its articles, editorials and blog discussions, and your participation in what we at the Express hope will be a constructive and lively community forum.
Anyone with a complaint about any content on the Website shall immediately contact the Express through the Website email address "firstname.lastname@example.org".
1. Ownership of the Website and its Content
2. Limited license to use the Website
3. General Use Restrictions
You agree not to use automated means, including, but not limited to, robots, spiders, crawlers, data mining tools, or the like to download data from the Website unless expressly permitted to do so in writing by the Express.
You agree not to gain unauthorized access to the Express’s computer systems or impair the functioning or use thereof.
You agree not to upload or transmit through the Website any computer viruses, Trojan horses, worms, other computer codes or anything else designed to interfere with, interrupt, disrupt or damage the normal operating procedures or functioning of a computer, computer network or website.
4. User Generated Content
By submitting comments or otherwise posting material on the "Website" you understand and agree to each of the following terms and conditions:
1. You are fully and solely responsible for the content of what you post on the Website.
a. You will not post any material which violates any copyright, trademark or any other federal, state, local or international law regarding intellectual property rights, and if you unknowingly post any such material you will immediately remove same upon learning that it violates this rule.
b. You will not post any material that is libelous, obscene, abusive, defamatory, invades the privacy of another person, or violates any local, state, federal or international law.
c. You will not post any racial slurs, epithets, hate speech or any other material which humiliates, degrades or criticizes anyone based upon their race, creed, color, national origin, gender, disability, sexual preference or other inappropriate classification.
d. You will not post any personal attacks or material which threatens physical violence to others or which incites such violence.
e. You will indemnify, hold harmless and defend the Express, its shareholders, officers, employees, agents and licensees from any and all claims, damages and/or causes of action, including without limitation, reasonable costs and attorney fees, arising out of or resulting from any claim brought by a third party relating to the content of any material you have posted on the Website.
3. You will not post any material that does not relate to the article or editorial or blog upon which you are commenting.
4. You will post only written text. No graphics, photographs or other non-text material will be posted by you.
6. You will not post any advertisement, solicitation or other commercial content on the Website.
7. By permitting the posting of content on the Website, the Express is not sponsoring or endorsing the content or vouching for the veracity, accuracy, reliability or credibility thereof.
8. You acknowledge and agree that any submission you make may be removed, edited, modified, published, transmitted, and displayed by the Express in any form and you waive any right you may have in having the material edited, altered or changed by the Express in a manner not agreeable to you.
9. You hereby irrevocably grant to the Express the exclusive, royalty-free, world-wide, perpetual license and right to use, publish, reproduce, alter, edit, transmit, create derivative work from, distribute, perform, and display such content, in whole or in part, in any form, media or technology current or later developed. Also, the Express shall have the right to fully sub-license the rights granted hereby.
10. You will indemnify, hold harmless and defend the Express, its shareholders, officers, employees, agents and licensees from any and all claims, damages and/or causes of action, including without limitation, reasonable costs and attorney fees, arising out of or resulting from any claim brought by a third party relating to the content of any material you have posted on the Website.
11. Anyone with a complaint about any content on the Website shall immediately contact the Express through the Website email address "email@example.com".
5. Trademarks/Trade Dress
The Express names and logos, all product and service names, all page headers, all custom graphics, all icons, all buttons, and all trademarks, trade dress, service marks and logos appearing on the Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of the Express, and you are not authorized and you are prohibited from displaying or using any of them in any manner without the prior written permission of the Express. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on the Website without the prior written permission of such owners.
6. Links to Other Sites
7. Access to the Website
8. Right to Change or Discontinue the Website
We reserve the right at any time and from time-to-time to change, delete, suspend or discontinue, temporarily or permanently the Website (or any portion thereof) and/or the information, materials, products and/or services available through the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website. Furthermore, the Express reserves the right at anytime to charge fee(s) for access to the Website or any portion thereof.
10. Remedies and Liquidated Damages
THE EXPRESS MAKES NO REPRESENTATION OR WARRANTY, WHATSOEVER, WITH RESPECT TO THE WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR THROUGH THE WEBSITE. THE WEBSITE AND ALL OF ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND. WHATSOEVER TO THE FULLEST EXTENT PERMITTED BY LAW.
THE EXPRESS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE EXPRESS DISCLAIMS ALL RESPONSIBILTY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE CONTENTS OR OTHER INFORMATION ON THE WEBSITE, OR ON ANY WEBSITE WITH WHICH IT IS LINKED, (B) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF OR LINK THEREFROM, (C) YOUR USE OF THE WEBSITE OR THE CONTENT, (D) ANY VIRUS OR OTHER HARMFUL COMPONENTS OR OTHER PROBLEMS THAT MAY ARISE BECAUSE OF YOUR ACCESSING OR USING THE WEBSITE OR ANY OF ITS CONTENT. YOU ACCESS AND USE THE WEBSITE SOLELY AT YOUR OWN RISK. THE EXPRESS WILL NOT PROVIDE ANY TECHNICAL OR OTHER SUPPORT IN CONNECTION WITH YOUR USE OF THE WEBSITE.
THE EXPRESS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT, INFORMATION OR DATA ON THE WEBSITE. THE EXPRESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, OPINION AND OTHER CONTENT POSTED BY ANYONE ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, USER GENERATED CONTENT, ADVERTISING, AND LINKS.
THE EXPRESS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA THAT YOU ACCEPT.
12. LIMITATION OF LIABILITY
BY YOUR ACCESS AND USE OF THE WEBSITE, YOU AGREE TO WAIVE ANY AND ALL CLAIMS FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE RELATING TO YOUR ACCESS OR USE OF THE WEBSITE OR ITS CONTENT.
WITHOUT LIMITING THE FOREGOING, THE EXPRESS IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT AS WE DO NOT CONTROL OR MONITOR AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND WITHOUT LIMITING THE FOREGOING, THE EXPRESS, ON BEHALF OF ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY DAMAGES, INJURIES, LOSSES AND/OR EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES, DAMAGES, AND EXPENSES OF ANY KIND OR CHARACTER WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INJURIES, LOSSES OR EXPENSES, ARISING OUT , RELATED TO OR IN ANY WAY CONNECTED WITH ACCESSING, USE OF, OR THE INABILITY TO USE THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR THE CONTENT OR ANY MERCHANDISE OR OTHER THING AVAILABLE ON THE WEBSITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
TO THE EXTENT THAT ANY PART OF THIS LIMITATION ON LIABILITY IS PROHIBITED BY LAW OR FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL AGGREGATE LIABILITY OF THE EXPRESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS TO YOU FOR DAMAGES, INJURIES, LOSSES, AND EXPENSES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
13. Choice of Law and Forum.
14. Attorney Fees.
15. General Provisions.
The paragraph captions are for convenience only and shall not be considered in construing or interpreting this Agreement.
The terms herein are used without regard to the number or gender of the persons constituting such parties.
In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, the remaining provisions hereunder shall remain in full force and effect.