Terms of Use
Last updated on 05/06/2009 12:06 pm
1. ACCEPTANCE OF TERMS
The services that Shoshone & Arapaho Tribes of the Wind River Reservation Tribal
Employment Rights Office (TERO) provides to the User are subject to the following
Terms of Use ("TOU"). Shoshone & Arapaho Tribes of the Wind River Reservation Tribal
Employment Rights Office (TERO) reserves the right to update the TOU at any time
without notice to User. The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to
use of http://www.windrivertero.net/, including, but not limited to, supplemental
terms and conditions set forth hereof ("Supplemental Terms") governing the use of
certain specific material contained in http://www.windrivertero.net/, sets forth
the terms and conditions that apply to use of http://www.windrivertero.net/ by User.
By using Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment
Rights Office (TERO) (other than to read this Agreement for the first time), User
agrees to comply with all of the terms and conditions hereof. The right to use http://www.windrivertero.net/
is personal to User and is not transferable to any other person or entity. User
is responsible for all use of User's Account (under any screen name or password)
and for ensuring that all use of User's Account complies fully with the provisions
of this Agreement. User shall be responsible for protecting the confidentiality
of User's password(s), if any.
B. Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) shall have the right at any time to change or discontinue any aspect
or feature of http://www.windrivertero.net/, including, but not limited to, content,
hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) shall have the right at any time to change or modify the terms and
conditions applicable to User's use of http://www.windrivertero.net/, or any part
thereof, or to impose new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by means including,
but not limited to, posting on http://www.windrivertero.net/, or by electronic or
conventional mail, or by any other means by which User obtains notice thereof. Any
use of http://www.windrivertero.net/ by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) provides User with access to a variety of
resources, including download areas, communication forums and product information
(collectively "Services"). The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of http://www.windrivertero.net/
and all charges related thereto.
5. USER CONDUCT
A. User shall use http://www.windrivertero.net/ for lawful purposes only. User shall
not post or transmit through http://www.windrivertero.net/ any material which violates
or infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which, without
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) 's express prior approval, contains advertising or any solicitation
with respect to products or services. Any conduct by a User that in Shoshone & Arapaho
Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)’s discretion
restricts or inhibits any other User from using or enjoying http://www.windrivertero.net/
will not be permitted. User shall not use http://www.windrivertero.net/ to advertise
or perform any commercial solicitation, including, but not limited to, the solicitation
of users to become subscribers of other on-line information services competitive
with Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO).
B. http://www.windrivertero.net/ contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of http://www.windrivertero.net/
are copyrighted as a collective work under the United States copyright laws. Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
owns a copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. User may download copyrighted
material for User's personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express permission
of Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. User acknowledges that it does
not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on http://www.windrivertero.net/
any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with User. User shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of http://www.windrivertero.net/, User
automatically grants, or warrants that the owner of such material has expressly
granted Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment
Rights Office (TERO) the royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. User also permits any
other User to access, view, store, or reproduce the material for that User's personal
use. User hereby grants Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) the right to edit, copy, publish and distribute
any material made available on http://www.windrivertero.net/ by User.
D. The foregoing provisions of Section 5 are for the benefit of Shoshone & Arapaho
Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO), its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on its
own behalf.
6. USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to enable User to communicate
with others (each a "Communication Service" and collectively "Communication Services").
User agrees to use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, User agrees that when using
the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial
or otherwise).
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,
obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software
or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of privacy
or publicity) unless User own or control the rights thereto or have received all
necessary consent to do the same.
Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots,
corrupted files, or any other similar software or programs that may damage the operation
of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User
know, or reasonably should know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
Falsify or delete any copyright management information, such as 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.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Services or other user or usage information
or any portion thereof.
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) has no obligation to monitor the Communication Services. However,
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Shoshone & Arapaho
Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO) reserves
the right to terminate User’s access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever. Shoshone & Arapaho Tribes
of the Wind River Reservation Tribal Employment Rights Office (TERO) reserves the
right at all times to disclose any information as it deems 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
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO)'s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; User is responsible for adhering to
such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any
Communication Services. Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) does not control or endorse the content,
messages or information found in any Communication Services and, therefore, Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
specifically disclaims any liability with regard to the Communication Services and
any actions resulting from User’s participation in any Communication Services. Managers
and hosts are not authorized Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) spokespersons, and their views do not necessarily
reflect those of Shoshone & Arapaho Tribes of the Wind River Reservation Tribal
Employment Rights Office (TERO).
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the
registration process by providing Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) with current, complete and accurate information
as prompted by the applicable registration form. User also will choose a password
and a user name. User is entirely responsible for maintaining the confidentiality
of User’s password and account. Furthermore, User is entirely responsible for any
and all activities that occur under User’s account. User agrees to notify Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
immediately of any unauthorized use of User’s account or any other breach of security.
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) will not be liable for any loss that User may incur as a result of
someone else using User’s password or account, either with or without User’s knowledge.
However, User could be held liable for losses incurred by Shoshone & Arapaho Tribes
of the Wind River Reservation Tribal Employment Rights Office (TERO) or another
party due to someone else using User’s account or password. User may not use anyone
else's account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software") is
the copyrighted work of Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"). An end user will be unable
to install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Shoshone & Arapaho Tribes
of the Wind River Reservation Tribal Employment Rights Office (TERO) MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. Shoshone & Arapaho Tribes of the Wind River Reservation Tribal
Employment Rights Office (TERO) DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING
THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and
FAQs) from the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission notice
appear, (2) use of such Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for distribution in
the classroom. Distribution outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
Shoshone & Arapaho Tribes of the Wind River
Reservation Tribal Employment Rights Office (TERO) AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.
ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment
Rights Office (TERO) AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Shoshone & Arapaho Tribes
of the Wind River Reservation Tribal Employment Rights Office (TERO) AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Shoshone & Arapaho Tribes of the
Wind River Reservation Tribal Employment Rights Office (TERO) AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Shoshone & Arapaho Tribes
of the Wind River Reservation Tribal Employment Rights Office (TERO) AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) OR POSTED AT ANY OF ITS WEB SITES
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) does not claim ownership of the materials User provide to Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
(including feedback and suggestions) or post, upload, input or submit to any Services
or its associated services for review by the general public, or by the members of
any public or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") User’s
Submission User is granting Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO), its affiliated companies and necessary sub
licensees permission to use User’s Submission in connection with the operation of
their Internet businesses (including, without limitation, all Shoshone & Arapaho
Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO) Services),
including, without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat User’s
Submission; to publish User’s name in connection with User’s Submission; and the
right to sublicense such rights to any supplier of the Services. No compensation
will be paid with respect to the use of User’s Submission, as provided herein. Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
is under no obligation to post or use any Submission User may provide and Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
may remove any Submission at any time in its sole discretion. By Posting a Submission
User warrants and represents to own or otherwise control all of the rights to User’s
Submission as described in these Terms of Use including, without limitation, all
the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), User warrant and represent that (a) User is the copyright
owner of such Images, or that the copyright owner of such Images has granted User
permission to use such Images or any content and/or images contained in such Images
consistent with the manner and purpose of User’s use and as otherwise permitted
by these Terms of Use and the Services, (b) User have the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of such Images. By Posting Images,
User is granting (a) to all members of User’s private community (for each such Images
available to members of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services, other than a private community),
permission to use User’s Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example, and not as
a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat User’s Images without having User’s name attached to such Images, and
the right to sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for Images will terminate at the time User completely
remove such Images from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior to the time User
completely remove such Images. No compensation will be paid with respect to the
use of User’s Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF http://www.windrivertero.net/ IS AT USER'S
SOLE RISK. NEITHER Shoshone & Arapaho Tribes of the Wind River Reservation Tribal
Employment Rights Office (TERO), ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT http://www.windrivertero.net/
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF http://www.windrivertero.net/, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
http://www.windrivertero.net/.
B. http://www.windrivertero.net/ IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER
SPECIFICALLY ACKNOWLEDGES THAT Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL Shoshone & Arapaho Tribes of the Wind River Reservation Tribal
Employment Rights Office (TERO), OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING http://www.windrivertero.net/ OR THE Shoshone & Arapaho Tribes of
the Wind River Reservation Tribal Employment Rights Office (TERO) SOFTWARE, BE LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
http://www.windrivertero.net/. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Shoshone & Arapaho Tribes of
the Wind River Reservation Tribal Employment Rights Office (TERO), NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN http://www.windrivertero.net/,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO), IT’S AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION
PROVIDED. NEITHER, Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO), NOR IT’S AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS
OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES,
FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES
OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM
OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL
THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY
FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Shoshone & Arapaho Tribes of
the Wind River Reservation Tribal Employment Rights Office (TERO) AND Shoshone &
Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN
A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Shoshone & Arapaho Tribes
of the Wind River Reservation Tribal Employment Rights Office (TERO) IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Shoshone & Arapaho Tribes of the Wind
River Reservation Tribal Employment Rights Office (TERO) OF THE SITE.
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) is a distributor (and not a publisher) of content supplied by third
parties and Users. Accordingly, Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) has no more editorial control over such content
than does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available by
third parties, including information providers, Users or any other user of http://www.windrivertero.net/,
are those of the respective author(s) or distributor(s) and not of Shoshone & Arapaho
Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO). Neither
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness for
any particular purpose.
In many instances, the content available through http://www.windrivertero.net/ represents
the opinions and judgments of the respective information provider, User, or other
user not under contract with Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO). Shoshone & Arapaho Tribes of the Wind River
Reservation Tribal Employment Rights Office (TERO) neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement made on http://www.windrivertero.net/
by anyone other than authorized Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) employee spokespersons while acting in their
official capacities. Under no circumstances will Shoshone & Arapaho Tribes of the
Wind River Reservation Tribal Employment Rights Office (TERO) be liable for any
loss or damage caused by a User's reliance on information obtained through http://www.windrivertero.net/.
It is the responsibility of User to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO).
Please seek the advice of professionals, as appropriate, regarding the evaluation
of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
Shoshone & Arapaho Tribes of the Wind River
Reservation Tribal Employment Rights Office (TERO) OR ANY OF ITS EMPLOYEES DO NOT
ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN Shoshone & Arapaho Tribes of the Wind River Reservation Tribal
Employment Rights Office (TERO)'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR
TO IDEAS SUBMITTED TO Shoshone & Arapaho Tribes of the Wind River Reservation Tribal
Employment Rights Office (TERO). SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) OR ANYONE AT Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO). IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL
OR PROPRIETARY.
15. MONITORING
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) shall have the right, but not the obligation, to monitor the content
of http://www.windrivertero.net/, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by Shoshone &
Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
and to satisfy any law, regulation or authorized government request. Shoshone &
Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
shall have the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on http://www.windrivertero.net/. Without limiting
the foregoing, Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment
Rights Office (TERO) shall have the right to remove any material that Shoshone &
Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO),
in its sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Shoshone & Arapaho Tribes of
the Wind River Reservation Tribal Employment Rights Office (TERO), its affiliates
and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of the use of Shoshone
& Arapaho Tribes of the Wind River Reservation Tribal Employment Rights Office (TERO)
by User or User's Account.
17. TERMINATION
Either Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment
Rights Office (TERO) or User may terminate this Agreement at any time. Without limiting
the foregoing, Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment
Rights Office (TERO) shall have the right to immediately terminate User's Account
in the event of any conduct by User which Shoshone & Arapaho Tribes of the Wind
River Reservation Tribal Employment Rights Office (TERO), in its sole discretion,
considers to be unacceptable, or in the event of any breach by User of this Agreement.
18. MISCELLANEOUS
This Agreement and any operating rules for http://www.windrivertero.net/ established
by Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be construed
in accordance with the laws of the Wyoming, United States, without regard to its
conflict of laws rules. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given
any legal import.
19. COPYRIGHT NOTICE
Shoshone & Arapaho Tribes of the Wind River Reservation Tribal Employment Rights
Office (TERO) its logos are trademarks of Shoshone & Arapaho Tribes of the Wind
River Reservation Tribal Employment Rights Office (TERO) Ltd. All rights reserved.
All other trademarks appearing on Shoshone & Arapaho Tribes of the Wind River Reservation
Tribal Employment Rights Office (TERO) are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations, products, domain
names, email addresses, logos, people and events depicted herein are fictitious.
No association with any real company, organization, product, domain name, e-mail
address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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