Unless specified otherwise on the Service, all users must be at least 18 years of age and a legal resident of the United States to participate in any activity that requires the submission of personal information. This Service is designed and targeted to United States (“ U.S. ”) audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Service is operated in accordance with the laws or governed by other nations. By your participation in our Service activities, you certify that you are at least 18 years of age and located in the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Service contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. Please be aware that any personal information you transfer to us will be transferred to the U.S and subject to U.S. law. By using this Service, participating in any Service activities, and/or providing us with your personal information, you consent to this transfer of personal information to the U.S. and waive any claims that may arise under your own national laws.
1. Collection of Personal Information
You do not need to provide any information that identifies you ("personal information") to use a Hoak Media of Dakota LLC site or to obtain information from most of the features of a Hoak Media of Dakota LLC site. In general, you can visit our websites without telling us who you are or revealing any personal information.
However, if you want to use certain online services, you may be asked to provide some personal information, such as your name, mailing address or e-mail address. We also may ask you to choose a user name and password, and provide that information when accessing certain online features. If you do not want to give us any personal information, you can always decide not to use the services. The choice is yours. We are only interested in offering you convenient online services that match your interests and needs.
Unless stated otherwise, we do not request contact information for a mobile phone, text messaging or any wireless device that includes a domain name address (such as “.net” or “.com”) as part of the contact information. Federal law prohibits the sending of commercial email messages directly to a wireless device that uses a domain name, unless you have first given your affirmative consent. We may inadvertently collect a wireless device number that includes a domain name when you send us an inquiry or register for a contest or membership club. However, we will not knowingly use that contact information for sending commercial email. We reserve the right to respond to user inquiries or requests sent via a wireless device that uses a domain name as such messages are not deemed to be commercial email and therefore, are not regulated by Federal law. However, when “computer to phone” commercial emails are prohibited by law, we may reject your wireless device contact information when such information is submitted for certain features or services. We will attempt to notify you if we will need new contact information. All users of the Service are required to provide true, current, complete and accurate personal information when prompted and we will reject and delete any entry that we believe in good faith to be false or fraudulent. Any prize or benefit shall be forfeited due to a rejected or disqualified entry.
Automated News Services and Updates. This Service may offer you special subscription features for news and news-related topics. For email updates, you are only required to submit an email address. The submission of other information such as your computer’s operating system, ranges for household income and education, and a general description of your profession is voluntary.
Polls. Many Hoak Media of Dakota LLC sites offer polling areas, which provide users with an opportunity to vote on local and national issues of concern. When you choose to participate in a poll, we may ask you to provide your name and e-mail address. This information helps us ensure the accuracy of our polling data.
Surveys. Hoak Media of Dakota LLC sites also may allow users to complete surveys about products or services offered by Hoak Media of Dakota LLC or other companies. These surveys may ask for your name and e-mail address, and/or other information, such as your gender and income level. This information helps us understand our survey results.
Contests/Trivia. Hoak Media of Dakota LLC sites also afford users many opportunities to play contests or trivia games. When you enter into a contest, trivia game or any other promotional opportunity, we may ask for your name, password information and address (physical and electronic) so that we can contact you if you win. Sometimes we may require you to provide additional information, such as your gender and income level. Of course, if you do not want to provide such information, you do not need to participate in the online activity.
Purchases and Shopping. Some Hoak Media of Dakota LLC sites enable users to purchase products. When you purchase products, we may request your name, address, telephone number and credit card information. This information allows us to send you the items you ordered, to process payment information, and to respond to product and billing questions. Credit card or debit card account information will be collected via a secured transmission process and will be stored in a commercially reasonable secured manner. Alternatively, the Service may use a third party operational service provider to conduct the financial transaction in a secured manner; the third party payment site will be accessible via a hyperlink from the Hoak Media of Dakota LLC Station Group’s website and will be solely responsible for all financial transactions and the collection, use, and storage of your personal information.
Chat/Message Boards. Hoak Media of Dakota LLC sites also may offer users the chance to participate in public forums, such as chat rooms, message boards and/or news groups. When you choose to participate in any of these forums, we may request your name, password information and address (physical and electronic). This information helps us respond to questions or concerns about use of these public areas.
Comments/Questions. You may send us comments or questions about your use of a Hoak Media of Dakota LLC site. You need not identify yourself to send a comment or question, but we may collect your e-mail address so that we can send you a response. If you choose to provide other personal information in your comment or question, we may keep it in our correspondence files.
2. Use and Disclosure of Personal Information
Hoak Media of Dakota LLC sites use your personal information for three general purposes. First, we use the information to provide you with the services you request and to respond to billing and/or other questions related to such service offerings. Second, we use the information to understand your use of our websites and to notify you about updates to one of our sites or to send you marketing materials or promotional offers that may be of interest to you. Third, we may use this information in aggregate form to help us evaluate and modify existing services, and to help us develop additional services that are likely to be of interest to our users. On occasion, Hoak Media of Dakota LLC may or one of its network stations may share your personal information with our affiliated advertisers, sponsors and promotional partners. You will have an opportunity to "opt-out" of such sharing the time of registration for the event or feature, or by contacting the Service at email@example.com.
We may share your personal information with unaffiliated third parties in limited instances. For example, we may share your personal information with unaffiliated third parties as is necessary to process or collect payments, or service registered-user accounts. We also may hire third-party technology providers to host the Hoak Media of Dakota LLC Network and to store your personal information.
We may also share aggregate, non-personal information about website usage with unaffiliated third parties, including, but not limited to, government agencies, advertisers, and the media (i.e., __% of Hoak Media of Dakota LLC users are female, __% of users have visited certain sections, etc.). This aggregate information does not contain any personal information about an individual.
Finally, we may be required to disclose personal information by law or legal process, to protect and defend the rights or property of a Hoak Media of Dakota LLC site, or to protect the personal safety of users to one of our sites. We also reserve the right to contact appropriate authorities when activities that are illegal or violate our policies are taking place on a Hoak Media of Dakota LLC website.
Except under the limited circumstances described above, we will not disclose any of your personal information to unaffiliated third parties.
3. How We Protect Personal Information
We take reasonable measures to protect the privacy, accuracy, and reliability of any information you choose to provide and to protect such information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. Any employee who violates our privacy access policies will be subject to disciplinary action.
However, please note that this Service does not use a secured connection for the transmission of personal information except for the purchase of goods and services. When a user transmits personal information over an unsecured Internet connection, personal information during the transmission such as your email or registration could be copied or intercepted by unknown third parties. Therefore, you understand, acknowledge and agree that you transmit certain personal information over this Service at your own risk.
4. Accessing or Deleting Your Personal information
If you have submitted personal information through a Hoak Media of Dakota LLC site and you would like to access that information, please send an e-mail to firstname.lastname@example.org . We will use reasonable efforts to supply you with this information and to correct any factual inaccuracies that you identify. Upon your request, we also will remove your personal information from our databases.
5. Collection, Use and Disclosure of Non-Personal Information
In some cases, a Hoak Media of Dakota LLC site may collect information about you that is not personally identifiable, as described below. We reserve the right to merge any such information with your personal information.
6. Internet Protocol Addresses
An Internet Protocol (IP) address is a number automatically assigned to your computer whenever you access the Internet. This number does not identify your name, e-mail address or other personal information. If you request pages from any Hoak Media of Dakota LLC website, that site's server will enter your IP address into a log. To maintain user anonymity, Hoak Media of Dakota LLC does not associate IP addresses with records containing personal information. We also do not permit IP addresses to be associated and viewed with posts to chat rooms and bulletin boards. We store IP addresses for a period of time to help us to identify anyone who refuses to comply with our in-house rules or terms of service, and to identify visitors who threaten our service, site, customers or others. We also will use this information to measure site traffic for purposes of system administration and for our sponsors. This aggregate data also helps us to understand how people are using the website and helps us improve your online experience.
8. Safeguarding Children's Privacy
Hoak Media of Dakota LLC sites will not knowingly collect personal information or any other identifying data from children under 13 years of age without first obtaining verifiable consent from a parent or legal guardian. Requests for parental consent will explain how we collect, use, and disclose children's personal information, and will include an opportunity for parents to prevent use of their children's information, as well as to prevent their children from participating in features which involve the collection of personal information. Should a child whom we know to be under 13 send personal information to a Hoak Media of Dakota LLC site without first obtaining parental consent, the site will immediately reject any such entry and delete that information from its database, unless such information pertains to the programming or operations of Hoak Media of Dakota LLC network stations and will be subject to the regulations of the Federal Communications Commission. (See above Comments/Question Section.)
Except to meet FCC, other regulatory and legal purposes, we will not use, distribute or disclose any child's personal information to third parties without prior parental consent. If, at any time. a parent withdraws his or her consent to our use or maintenance of personal information collected from his or her child, we will promptly remove such information from our database. In addition, we will not require children less than 13 years of age to disclose more personal information than is necessary in order to participate in any online feature or service.
9. External Links
10. Framed Websites/Pages
11. Terms, Changes and Questions
P.O. Box 1738
Bismarck, ND 58502
We will use reasonable efforts to promptly investigate any complaint you may have regarding our use of personal information.
Hoak Media of Dakota LLC LEGAL TERMS FOR WEBSITE USAGE
1. Copyright Rights All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Hoak Media of Dakota LLC or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of Hoak Media of Dakota LLC or any third party. The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Hoak Media of Dakota LLC. Requests for permission to reproduce any information contained on this Service should be addressed to the contact person below. If you have any questions or comments about this policy or our use of personal information, you may send an e-mail to email@example.com or send a letter to the following address:
P.O. Box 1738
Bismarck, ND 58502
Notwithstanding the above, Hoak Media of Dakota LLC authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Service, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Hoak Media of Dakota LLC is prohibited. 2. Notice of Copyright Infringement As stated above, Hoak Media of Dakota LLC prohibits the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, you must provide Hoak Media of Dakota LLC's Copyright Agent with the information below. To be effective, the notification must contain the following information in accordance with the provisions of the Digital Millennium Copyright Act:
1) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the notification.
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
3) Identification of the copyrighted work claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the material.
4) Information reasonably sufficient to permit us to contact the complaining party, such as the party’s name, address and daytime telephone number, and an e-mail address, if available.
5) A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Hoak Media of Dakota LLC will remove or disable access to any posted submission for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
3. Trade and Service Mark Rights All rights in the product names, company names, trade names, logos, product packaging and designs of all Hoak Media of Dakota LLC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Hoak Media of Dakota LLC or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Hoak Media of Dakota LLC or any third party.
5. Modification of This Agreement Hoak Media of Dakota LLC reserves the right to amend this Agreement at any time. All modifications and amendments will be posted on the Service. You are responsible for regularly reviewing and understanding these modified or amended terms and conditions. You will be deemed to accept all changes so posted.
6. Links to Third-Party Services or Web sites This Service may contain links to external websites or services owned, operated, or managed by third parties (collectively referred to as “Linked Websites"). Although a Linked Website may feature a Hoak Media of Dakota LLC or its network station logo or identification, or a Linked Website is “framed” by the Service, such a third party website is not under the control of Hoak Media of Dakota LLC, nor is Hoak Media of Dakota LLC responsible for the contents, business practices or privacy policies of any Linked Website, including, without limitation, links contained on Linked Websites, or any changes or updates to Linked Websites. Hoak Media of Dakota LLC is providing a link to a Linked Website to you only as a convenience, and the inclusion of such links is not an endorsement by Hoak Media of Dakota LLC in favor of any company offering Internet services, products or services on the Linked Websites. If you decide to access and use Linked Websites from this Service, you understand, acknowledge and agree that you do so at your own risk. You further agree that the Service, its network stations, parent company(s), successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. This disclaimer applies even if a third party providing a Linked Website is affiliated with Hoak Media of Dakota LLC or any of its network stations.
7. Advertisers Third party ("Advertisers") may present statements, messages, offers, advice, or promotional materials on or through the Service. Advertisers are not under the control of Hoak Media of Dakota LLC, and the inclusion of Advertisers' statements, messages, offers, advice, or promotional materials on or through the Service is not an endorsement by Hoak Media of Dakota LLC or any of it's network stations in favor of same. Any correspondence or business dealings with, or participation in promotions of, Advertisers found on or through the Service, 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 Advertisers. You understand, acknowledge and agree that Hoak Media of Dakota LLC and its network solutions shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such Advertisers on the Service.
8. Shopping and E-Commerce This Service may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Service.
If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your account in the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products on the Service are offered for sale only to end user customers or as personal gifts to end user customers and not for commercial resale. We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Service.
If an order consists of multiple items, they may be shipped separately depending on availability.
9. Prohibited Uses Generally You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Hoak Media of Dakota LLC. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You further agree not to: (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions, contests or surveys offered through the Service; (b) delete or revise any material or other information of any other user or of Hoak Media of Dakota LLC; (c) take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Service other than the search engine and search agents available from Hoak Media of Dakota LLC on the Service and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service, or which, in the sole judgment of Hoak Media of Dakota LLC, exposes Hoak Media of Dakota LLC or any of its customers or suppliers to any liability or detriment of any type. You also are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging into a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Hoak Media of Dakota LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 10. Posting of Information in Public Areas If you transmit, distribute, post, communicate or store ("post") information in a public area, such as a chat room or a message board, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications or information found in these areas. You understand that Hoak Media of Dakota LLC may, but is not obligated to, monitor or review postings in any public area. Hoak Media of Dakota LLC shall not have any liability whatsoever related to the content of such communications, whether arising under the laws of libel, privacy, copyright, trademark, obscenity or otherwise. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to post information in public areas, you agree that the following actions shall constitute a material breach of this Agreement: (a) Posting information that is copyrightable, unless you are the copyright owner; (b) Posting information that reveals trade secrets unless you own them; (c) Using a public area for any purpose in violation of local, state, national, or international laws; (d) Posting information that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; (e) Posting information that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Hoak Media of Nebraska LLC in its sole discretion; (f) Posting advertisements or solicitations of business; (g) After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); (h) Posting surveys, contests, chain letters or pyramid schemes; (i) Impersonating another person; (j) Uploading or distributing files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or (k) Allowing any other person or entity to use your identification for posting or viewing comments. Hoak Media of Dakota LLC reserves the right to review postings on its Service, to remove any postings, and to terminate your ability to post to the Service at any time without notice, in its sole discretion. Hoak Media of Dakota LLC also reserves the right to disclose any information 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.
11. License Granted Hoak Media of Dakota LLC does not claim ownership of the postings you make to its Service, or any material you transmit, distribute, communicate or store on, to or through the Service. However, by posting or submitting information or material on, to or through the Service, you grant Hoak Media of Dakota LLC a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral right) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of your posting. Hoak Media of Dakota LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication to the Service for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Hoak Media of Dakota LLC is under no obligation to maintain any posting you make and may remove any posting at any time in its sole discretion. By posting or submitting content to this Service, you also warrant and represent that you own or otherwise control all of the rights to the content of the public posting, and that use of your content by Hoak Media of Dakota LLC will not infringe or violate the rights of any third party.
12. Minors Children under the age of 13 years are prohibited from participating in activities that require registration and the collection of personal information on this Service. Parents and legal guardians may register for the activity on behalf of their child, under the parent or legal guardian’s own name and personal information. Persons between the ages of 13 and 18 years may participate in most activities on this Service, unless designated otherwise. The parents or legal guardians of minor children shall be solely responsible for (a) the online content and activities of such minor; (b) monitoring such minor's access to and use of the Service; and (c) the consequences of any use of the Service by such minor. Any false or fraudulent registration or entry from any person will disqualify the person from the receipt of any contest or sweepstakes prize or other benefit.
13. Disclaimer of Warranties THE SERVICE IS PROVIDED "AS IS." HOAK MEDIA OF DAKOTA LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. HOAK MEDIA OF DAKOTA LLC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOAK MEDIA OF DAKOTA LLC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (d) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY HOAK MEDIA OF DAKOTA LLC OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK.
14. Limitation of Liability This Service may contain technical inaccuracies, typographical errors, and out of date information. Hoak Media of Dakota LLC makes no representations about the accuracy, reliability, completeness, or timeliness of the Service. Neither Hoak Media of Dakota LLC nor any party involved in creating, producing or delivering this Service, or on any website linked to this Service, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special, compensatory, exemplary or punitive damages arising out of your access, use or inability to use this Service or any site linked to this Service, or any errors or omissions in the content thereof. Hoak Media of Dakota LLC reserves the right to alter the content of this Service in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Hoak Media of Dakota LLC has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Hoak Media of Dakota LLC's liability in such jurisdictions shall be limited to the extent permitted by law.
15. Indemnification Upon a request by Hoak Media of Dakota LLC, you agree to defend, indemnify and hold harmless Hoak Media of Dakota LLC and its subsidiaries, affiliates, officers, agents, representatives, employees, co-branders, Advertisers, suppliers, operational service providers, or other partners and their respective officers, directors, employees, representatives and agents, or others involved in creating, promoting, or otherwise making available this Service from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement, your violation of any rights of another, or otherwise arising out of your use of this Service in any manner. The Service will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with this Station and Infinity in asserting any available defenses.
16. Choice of Law and Forum This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflict of law rules. You and Hoak Media of Dakota LLC expressly agree to submit to the exclusive jurisdiction and venue of the courts in Burleigh, North Dakota in all disputes arising out of or relating to the use of this Service.
17. Severability and Integration Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Hoak Media of Dakota LLC and governs your use of this Service, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Hoak Media of Dakota LLC. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18. No Waiver The failure of Hoak Media of Dakota LLC to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
19. No Professional Advice Any information supplied by any employee or agent of Hoak Media of Dakota LLC, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
20. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hoak Media of Dakota LLC as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of Hoak Media of Dakota LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Hoak Media of Dakota LLC with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or Hoak Media of Dakota LLC administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. Termination Hoak Media of Dakota LLC reserves the right, in its sole discretion, to terminate your access to all or part of this Service, with or without notice.
This Agreement was last updated April 29, 2011. Copyright © 2011 Hoak Media of Dakota LLC. All rights reserved.