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BOATING THE INLAND NORTHWEST (BINW) TERMS OF USE & POLICIES
1. ACCEPTANCE OF TERMS
Boating the Inland Northwest provides a collection of online resources,
including classified ads, forums, and various email services, (referred to
hereafter as "the Service") subject to the following Terms of Use ("TOU"). By
using the Service in any way, you are agreeing to comply with the TOU. In
addition, when using particular Boating the Inland Northwest services, you agree
to abide by any applicable posted guidelines for all Boating the Inland
Northwest services, which may change from time to time. Should you object to any
term or condition of the TOU, any guidelines, or any subsequent modifications
thereto or become dissatisfied with Boating the Inland Northwest in any way,
your only recourse is to immediately discontinue use of Boating the Inland
Northwest. Boating the Inland Northwest has the right, but is not obligated, to
strictly enforce the TOU through self-help, community moderation, active
investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you post,
email or otherwise make available via the Service. You understand that Boating
the Inland Northwest does not control, and is not responsible for Content made
available through the Service, and that by using the Service, you may be exposed
to Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the Boating the Inland Northwest site and Content
available through the Service may contain links to other websites, which are
completely independent of Boating the Inland Northwest. Boating the Inland
Northwest makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained in
any such site. Your linking to any other websites is at your own risk. You
agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will Boating the Inland Northwest be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed or otherwise made available via the Service. You
acknowledge that Boating the Inland Northwest does not pre-screen or approve
Content, but that Boating the Inland Northwest shall have the right (but not the
obligation) in its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the TOU or for
any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Boating the Inland Northwest site and Content available through the Service
may contain features and functionalities that may link you or provide you with
access to third party content which is completely independent of Boating the
Inland Northwest, including web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products or
services,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You should
make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
You agree that Boating the Inland Northwest shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and
any third party, you understand and agree that Boating the Inland Northwest is
under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release Boating the Inland Northwest,
its officers, employees, agents and successors in rights from claims, demands
and damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please notify Boating the Inland Northwest's agent for notice of
claims of copyright or other intellectual property infringement ("Official") at
info@boatingtheinlandnw.com
indicate in subject live "abuse"
or:
Copyright Abuse
Boating the Inland NW
PO Box 1143
Hayden, ID. 83835
Please provide our representative with the following Notice:
a) Identify the material on the Boating the Inland Northwest site that you claim
is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
BINW will remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Your use of the Boating the Inland Northwest website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
Boating the Inland Northwest may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of Boating the Inland Northwest, its users or
the general public.
Privacy Policy
Boating the Inland Northwest has established this
privacy policy to explain to you how your information is
protected, collected and used, which may be updated by
Boating the Inland Northwest from time to time. Boating
the Inland Northwest will provide notice of materially
significant changes to this privacy policy by posting
notice on the Boating the Inland Northwest site.
A. Protecting your
privacy
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We don't share your information with third
parties for marketing purposes.
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We don't engage in cross-marketing or
link-referral programs with other sites.
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We don't send you unsolicited communications for
marketing purposes.
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We don't run banner ads, pop ups, pop unders, or
any other kind of commercial ads.
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We don't employ tracking devices for marketing
purposes ("cookies", "web beacons," single-pixel
gifs).
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Boating the Inland Northwest, or
people who post on
Boating the Inland
Northwest, may provide links to third
party websites, which may have different privacy
practices. We are not responsible for, nor have any
control over, the privacy policies of those third
party websites, and encourage all users to read the
privacy policies of each and every website visited.
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Boating the Inland Northwest does not
knowingly collect any information from persons under
the age of 14. If
Boating the Inland
Northwest learns that a posting is by
a person under the age of 14,
Boating the Inland
Northwest will remove that post.
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Account information is password-protected. Keep
your password safe.
B. Data we collect
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Our web logs collect standard web log entries
for each page served, including your IP address,
page URL, and timestamp. Web logs help us to
diagnose problems with our server, to administer the
Boating the Inland Northwest site, and
to otherwise provide our service to you.
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Boating the Inland Northwest does not
store credit card information. Credit card
transactions are transmitted to a financial gateway,
and we endeavor to protect the security of your
payment information during transmission by using
Secure Sockets Layer (SSL) technology.
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For paid job postings, we collect contact
information, such as name(s), phone/fax number(s),
and address for billing purposes.
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We sometimes collect your phone number for
account authentication purposes, and may transmit it
to a third party service for tele-robotic
verification.
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We may collect personal information if you
provide it in feedback or comments, post it on our
classifieds or interactive forums, or if you contact
us directly. Please do not post any personal
information on
Boating the Inland
Northwest's forums or classifieds that
you expect to keep private.
-
We sometimes collect your email address, for
purposes such as sending self-publishing and
confirmation emails, authenticating user accounts,
providing subscription email services, registering
for forums, etc.
C. Data we store
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Our web logs and other records are stored
indefinitely.
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Although we make good faith efforts to store the
information in a secure operating environment that
is not available to the public, we cannot guarantee
complete security.
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All classified and forum postings are stored in
our database, even after "deletion," and may be
archived elsewhere.
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Registered job posters can access and update
their account information through the account
homepage.
D. Archiving and
display of
Boating the Inland
Northwest
postings by search engines and other sites
Search engines and other sites not affiliated with
Boating
the Inland Northwest - including
archive.org, google.com,
and groups.yahoo.com - archive or otherwise make
available craigslist postings, including resumes.
E. Circumstances in
which
Boating the Inland
Northwest
may release information
-
Boating the Inland Northwest may also
disclose information about its users to law
enforcement officers or others, in the good faith
belief that such disclosure is reasonably necessary
to: enforce our Terms of Use; respond to claims that
any posting or other content violates the rights of
third-parties; or protect the rights, property, or
personal safety of
Boating the Inland
Northwest, its users or the general
public.
-
Boating the Inland Northwest may
disclose information about its users if required to
do so by law or in the good faith belief that such
disclosure is reasonably necessary to respond to
subpoenas, court orders, or other legal process.
F. International
Users
By visiting our web site and providing us with data,
you acknowledge and agree that due to the international
dimension of
Boating the Inland
Northwest we may use the data collected in
the course of our relationship for the purposes
identified in this policy or in our other communications
with you, including the transmission of information
outside your resident jurisdiction. In addition, please
understand that such data may be stored on servers
located in the United States. By providing us with your
data, you consent to the transfer of such data.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual
conduct including but not limited to (i) sexual intercourse, including
genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of
any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the
sale or rental of any dwelling, a discriminatory preference based on race,
color, national origin, religion, sex, familial status or handicap (or violates
any state or local law prohibiting discrimination on the basis of these or other
characteristics);
e) that violates federal, state, or local equal employment opportunity laws,
including but not limited to, stating in any advertisement for employment a
preference or requirement based on race, color, religion, sex, national origin,
age, or disability.
f) with respect to employers that employ four or more employees, that violates
the anti-discrimination provision of the Immigration and Nationality Act,
including requiring U.S. citizenship or lawful permanent residency (green card
status) as a condition for employment, unless otherwise required in order to
comply with law, regulation, executive order, or federal, state, or local
government contract.
g) that impersonates any person or entity, including, but not limited to, a
Boating the Inland Northwest employee, or falsely states or otherwise
misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person
without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, mis-informative, or
constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Boating the Inland Northwest sites which are not
designated for such
purposes; or emailed to Boating the Inland Northwest users who have not
indicated in writing that it is ok to contact them about other services,
products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in
"services";
n) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by Idaho law. It
is your responsibility to know what is illegal to sell not Boating the Inland
Northwest.
o) that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other
users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact
with anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - NEVER PERMITTED BY BINW;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or
similar Content or otherwise impose an unreasonable or disproportionately large
load on our infrastructure;
w) attempt to gain unauthorized access to Boating the Inland Northwest's
computer systems or engage in any activity that disrupts, diminishes the quality
of, interferes with the performance of, or impairs the functionality of, the
Service or the Boating the Inland Northwest website; or
y) use any form of automated device or computer program that enables the
submission of postings on Boating the Inland Northwest without each posting being manually entered by
the author thereof (an "automated posting device"), including without
limitation, the use of any such automated posting device to submit postings in
bulk, or for automatic submission of postings at regular intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
Boating the Inland Northwest
email addresses or through Boating the Inland Northwest computer systems, which
is expressly prohibited by these Terms, will use or cause to be used servers
located in Idaho. Any unauthorized use of Boating the Inland Northwest
computer systems is a violation of these Terms and certain federal and state
laws. Such violations may subject the sender and his or her agents to
civil and criminal penalties.
10. PAID POSTINGS
We charge a fee to post Content. The fee is an ad fee permitting Content to be
posted in a designated area you have selected and approved by Boating the Inland
Northwest. Each party posting Content to the Service is responsible for said
Content and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that Boating the Inland Northwest may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the
Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that Boating the Inland Northwest
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that Boating
the Inland Northwest reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that Boating the
Inland Northwest shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
Boating the Inland Northwest grants you a limited, revocable, nonexclusive
license to access the Service for your own personal use. This license does
not include: (a) access to the Service by Posting officials; or (b) any
collection, aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data gathering
and extraction tools for any purpose unless expressly permitted by craigslist. A
limited exception to (b) is provided to general purpose internet search engines
and non-commercial public archives that use such tools to gather information for
the sole purpose of displaying hyperlinks to the Service, provided they each do
so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file. "General purpose
internet search engine" does not include a website or search engine or other
service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing classified ad
listing services.
Boating the Inland Northwest permits you to display on your website, or create a
hyperlink on your website to, individual postings on the Service so long as such
use is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOU, absent
express permission granted by Boating the Inland Northwest to do so. You
may also create a hyperlink to the home page of Boating the Inland Northwest
sites so long as the link does not portray Boating the Inland Northwest, its
employees, or its affiliates in a false, misleading, derogatory, or otherwise
offensive matter.
Use of the Service beyond the scope of authorized access granted to you by
Boating the Inland Northwest immediately terminates said permission or license.
In order to collect, aggregate, copy, duplicate, display or make derivative use
of the the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a PERMISSION from Boating the Inland Northwest.
13. TERMINATION OF SERVICE
You agree that Boating the Inland Northwest, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your content, block your
email or IP address, or otherwise terminate your access to or use of the Service
(or any part thereof), immediately and without notice, and remove and discard
any Content within the Service, for any reason, including, without
limitation, if Boating the Inland Northwest believes that you have acted
inconsistently with the letter or spirit of the TOU. Further, you agree that
Boating the Inland Northwest shall not be liable to you or any third-party for
any termination of your access to the Service. Further, you agree not to attempt
to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall
survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is protected
by copyright as a collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is prohibited
without the express written consent of Boating the Inland Northwest. You further
agree not to reproduce, duplicate or copy Content from the Service without the
express written consent of Boating the Inland Northwest, and agree to abide by
any and all copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service. BOAT THE INLAND NORTHWEST is a registered mark in the
U.S. Patent and Trademark Office.
Although Boating the Inland Northwest does not claim ownership of content that
its users post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the right to
grant, to Boating the Inland Northwest an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute
said Content and to prepare derivative works of, or incorporate into other
works, said Content, and to grant and authorize sublicenses (through multiple
tiers) of the foregoing. Furthermore, by posting Content to any public area of
the Service,
you automatically grant Boating the Inland Northwest all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for any
purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE BOATING THE INLAND NORTHWEST (BINW) SITE AND THE
SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BOATING THE INLAND NORTHWEST SITE AND
THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BOATING
THE INLAND NORTHWEST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BOATING THE INLAND NORTHWEST SITE
AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOATING THE
INLAND NORTHWEST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE BOATING THE INLAND NORTHWEST SITE OR THE SITES OR
SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BOATING THE INLAND NORTHWEST SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, BOATING THE INLAND NORTHWEST DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
BOATING THE INLAND NORTHWEST SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BOATING THE INLAND NORTHWEST BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
BOATING THE INLAND NORTHWEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BOATING THE INLAND
NORTHWEST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
THE BOATING THE INLAND NORTHWEST SITE OR THE SERVICE, FROM INABILITY TO USE THE
BOATING THE INLAND NORTHWEST SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BOATING THE INLAND
NORTHWEST SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE BOATING THE INLAND NORTHWEST SITE
OR THE SERVICE OR ANY LINKS ON THE BOATING THE INLAND NORTHWEST SITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE BOATING THE INLAND NORTHWEST SITE OR THE SERVICE OR ANY
LINKS ON THE BOATING THE INLAND NORTHWEST SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations
of liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold Boating the Inland Northwest, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the TOU, your breach of any
of the representations and warranties herein, or your violation of any rights of
another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Boating the Inland
Northwest and govern your use of the Service, super-ceding any prior agreements
between you and Boating the Inland Northwest. The TOU and the relationship between you and
Boating the Inland Northwest shall be governed by the laws of the
State of Idaho without
regard to
its conflict of law provisions. You and Boating the Inland Northwest agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Kootenai, Idaho. The failure of Boating the Inland Northwest to
exercise or enforce any right or provision of the TOU shall not constitute a
waiver of
such right or provision. If any provision of the TOU is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOU remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or the
TOU must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by emailing to:
info@boatingtheinlandnw.com and
in the subject line and text of the email indicate violation(s).
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for Boating the Inland Northwest to pursue legal action
to enforce these Terms, you will be liable to pay Boating the Inland Northwest
the following amounts as liquidated damages, which you accept as reasonable
estimates of Boating the Inland Northwest damages for the specified breaches of
these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely
states or otherwise misrepresents your affiliation with a person or entity; or
(3) that includes personal or identifying information about another person
without that person's explicit consent, you agree to pay Boating the Inland
Northwest one thousand dollars ($1,000) for each such message. This
provision does not apply to Content that constitutes lawful non-deceptive parody
of public figures.
b. If Boating the Inland Northwest establishes limits on the frequency with
which you may access the Service, or terminates your access to or use of the
Service, you agree to pay Boating the Inland Northwest one hundred dollars
($200) for each message posted in excess of such limits or for each day on which
you access Boating the Inland Northwest in excess of such limits, whichever is
higher.
c. If you send unsolicited email advertisements to Boating the Inland Northwest
email addresses or through Boating the Inland Northwest computer systems, you
agree to pay Boating the Inland Northwest twenty five dollars ($50) for each
such email.
d. If you post Content in violation of the TOU, other than as described above,
you agree to pay Boating the Inland Northwest one hundred dollars ($100) for
each Item of Content posted. In its sole discretion, Boating the Inland
Northwest may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOU, in
addition to any liquidated damages under clause (d), you agree to pay Boating
the Inland Northwest one hundred dollars ($200) for each and every Item you post
in violation of the TOU. A Posting Agent will also be deemed an agent ofthe party engaging the Posting Agent to access the Service (the "Principal"),
and the Principal (by engaging the Posting Agent in violation of the TOU) agrees
to pay Boating the Inland Northwest an additional one hundred dollars ($200) for
each Item posted by the Posting Agent on behalf of the Principal in violation of
the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit
for any purpose any Content (except for your own Content) in violation of these
Terms without Boating the Inland Northwest's express written permission, you agree to pay Boating
the Inland Northwest three thousand dollars ($3,000) for each day on which you
engage in such conduct.
Otherwise, you agree to pay Boating the Inland Northwest actual damages, to the
extent such actual damages can be reasonably calculated. Notwithstanding any
other provision of these Terms, craigslist retains the right to seek the remedy
of specific performance of any term contained in these Terms, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in these Terms, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments on this document by emailing us @
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