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Terms of use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION. This is a legally binding agreement between you and New Times Media Corporation. These Terms of Use govern use of the applications or websites operated by or on behalf of New Times Media Corporation ("New Times Media", "we" or "us") and on which these Terms of Use appear, including those at all New Times Media URLs and New Times Media services provided on or through mobile applications, websites, third party platforms including social networking sites or similar communication platforms that you have linked with our applications and websites ("Third Party Platforms"), and various API services and other services that we may offer from time to time (collectively, the "Services"). Your right to use the Services is subject to your compliance with all of the Terms of Use and conditions set forth herein.
Your access to and use of the Services are governed by these Terms of Use ("Terms of Use") and New Times Media's Privacy Policy ("Privacy Policy"), which is incorporated by reference in its entirety herein (both the Terms of Use and Privacy Policy shall collectively be referred to herein as the "Terms of Use" unless specifically stated otherwise). By accessing and/or using the Services you agree to abide by the Terms of Use, including all rules, Terms of Use, conditions, restrictions and notices therein. If you do not wish to be bound by the Terms of Use, you may not access or use the Services.
You may only be accessing the Services through ultimatemontana.com website.
New Times Media reserves the right to, and will not be liable to any user or third party, for doing the following: changing the Terms of Use at any time; changing the Services, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of the Services or the availability of the Services; or changing any fees or charges in connection with the use of the Services.
These Terms of Use were posted on 05-05-2020.
1. Use & Access
YOU MUST BE AT LEAST 18 YEARS OF AGE TO (a) USE THE SERVICES, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE SERVICES OR THROUGH THIRD PARTY PLATFORMS, (c) CREATE AN ACCOUNT, OR (d) TRANSMIT/SUBMIT/POST ANY SUBMISSION (as defined below), ANY PERSONAL INFORMATION OR ANYTHING TO ANYWHERE ON THE SERVICES. By accessing, using and/or submitting information to or through any of the Services, including Services available on or through Third Party Platforms, you represent that you are at least 18 years of age or older and otherwise have the legal capacity to enter into these Terms of Use. If you are under the age of 18, then you may use the Services only under the direction of a parent or guardian. No one under the age of 13 may use the Services.
2. Changes to these Terms of Use
New Times Media reserves the right to make changes to the Terms of Use at any time, however, New Times Media shall provide notification to you in advance of any changes becoming effective, such as by posting a notification on a New Times Media website or via email. If you continue to access and/or use the Services after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms of Use as changed. The revised Terms of Use supersede all previous notices or statements regarding the Services and Customer Data. For this reason, we encourage you to review these Terms of Use any time you access or use the Services or Customer Data. IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH NEW TIMES MEDIA FOR USE OF SERVICES, THE TERMS AND CONDITIONS OF SUCH OTHER AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THIS TERMS OF USE.
3. Services
3.1 Provision of Services. The Services are providing information on the state of Montana, its counties and cities, and business and other entities in the state and are provided for free.
3.2 Access to Services. You may access and use the Services solely for your benefit and in accordance with the Terms of Use and conditions of these TOU.
4. License to Access the Services
The Services are provided for your use, unless otherwise specified on or in the Services. New Times Media hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your own use, subject to your compliance with the Terms of Use and any other policies set forth on or in the Services. New Times Media reserves the right to revoke your right to use the Services at any time.
Except as expressly provided in the Terms of Use, New Times Media does not grant you any other express or implied rights or license in or to the Services, and all right, title and interest that New Times Media has in the Services rights not explicitly granted to you by New Times Media or its licensors are retained by New Times Media or its licensors, respectively.
You acknowledge that the Services are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights ("Intellectual Property") owned by New Times Media, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Services (and any Intellectual Property and other rights relating thereto) are and will remain the property of New Times Media. The trademarks, trade names, trade dress, logos, and service marks displayed on the Services or any Third Party Platform, including the New Times Media marks, logos and trade dress are the registered and/or unregistered trademarks of New Times Media, New Times Media's licensors and vendors and/or other third parties. The Intellectual Property may not be used by you for any purpose without New Times Media's prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not New Times Media's, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages New Times Media. Nothing contained on the Services or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property.
5. Your Account, Username and Passwords
You do not need an account, username or password to access and use Services at the moment.
In case we start requiring an account, username or password to access certain areas of or participate in certain activities contained on the Services, we may require you to create an account ("Account"). To create an Account, we may ask or require you to provide us with certain personal information (for example, your name, address, and/or e-mail address), or by providing your credentials through a Third Party Platform and their associated API. YOU AGREE THAT:
YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND THAT ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING CREDENTIALS PROVIDED BY YOU THROUGH THIRD PARTY PLATFORMS, INCLUDING ANY ACTIVITIES (INCLUDING USE OF THE SERVICES ON OR AVAILABLE THROUGH THE SERVICES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD ARE AUTHORIZED BY YOU.
6. Subscription Fees
There are no subscription fees at the moment and the Service is provided for free.
7. Code of Conduct
While using any of the Services, including any on URLs that you open in the Services ("Submissions") you agree to not:
Create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an New Times Media representative;
Send, post, transmit or make available any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable;
Suggest, illicit or encourage any illegal activity;
Submit Customer Data or Submissions that are subject to intellectual property protection, including without limitation, copyright, trademark, trade secret or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant New Times Media all of the license rights necessary to transmit or maintain such content, material, or Submissions;
Send, post, transmit or make available any: any confidential, non-public information about any person or company without the express authorization to do so;
Send, post, transmit or otherwise make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication (except as otherwise expressly permitted herein or in writing by New Times Media);
Institute an attack upon any server used in connection with the Services or any portion thereof or otherwise attempt to disrupt such servers, including any Services available on or through the New Times Media websites, applications and/or any Third Party Platform;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Services, including the Services;
Attempt to obtain passwords, other Account information, or any other private information from any other user of the Services, including any Services made available on or through any Third Party Platform, and including without limitation, the collection personal information about others, such as email addresses or geo-locations;
Use the Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms of Use.
8. Linked Content/Services
The Services may include links to other websites or services (including advertisements and payment providers), including Third Party Platforms that you have authorized and associated with your Account ("Linked Content"). The inclusion of any Linked Content does not imply endorsement by New Times Media or any customer of New Times Media or any third party, third party websites or any association with the operators of such Linked Content. You are responsible for viewing and abiding by the privacy statements and those terms of use of service/use posted at any third party or Linked Content. The information, products, materials and services on Linked Content is not under the control of New Times Media and New Times Media does not provide or endorse any such Linked Content or the information, products, materials or services contained on or available or accessible on or through any Linked Content. New Times Media is not responsible if any Linked Content is not functioning properly. New Times Media makes no express or implied warranties with regard to the information, products, materials or services that are contained on or accessible through any Linked Content. Access and use of any Linked Content, including the information, products, materials and services on any Linked Content or available through any Linked Content, is solely at your own risk, and you acknowledge and agree that New Times Media is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Content or as the result of the presence of any advertisers on the Services or available through any Third Party Platforms.
9. Your Data
9.1 Your data generally. "Customer Data" means any data of any type which is provided by you to New Times Media in connection with the Services. You shall ensure that Your use of the Services and all Customer Data is at all times compliant with all applicable local, state, federal and international law, regulations and conventions, including, without limitation, those related to data privacy, international communications, and the exportation of technical or personal data. You are solely responsible for the accuracy, content and legality of all Customer Data. You represent and warrant to New Times Media that You have sufficient rights in the Customer Data to grant the rights granted to New Times Media and that the Customer Data does not infringe the rights of any third party.
9.2 Rights in Your Data. As between the parties, You shall retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to New Times Media. Subject to the terms of this Agreement, You hereby grant to New Times Media a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide Services to Customer.
9.3 Uploads of Your Data. You shall be responsible for providing all Customer Data to New Times Media and shall provide such Customer Data in a format consistent with the technical compatibility requirements set forth in the applicable Services. Errors in loading Customer Data onto New Times Media systems due to defective media, erroneous data or failure to meet technical requirements may be rejected by Services or may be referred back to You for resolution and New Times Media shall have no responsibility for any related impact on the applicable service.
9.4 Storage of Your Data. New Times Media does not provide an archiving service. New Times Media expressly disclaims all obligations with respect to storage.
9.5 Indemnification by You. You shall indemnify, defend and hold harmless New Times Media from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to (a) any Customer Data, (b) any action taken (or not taken) by You based upon use of the Services or (c) any service or product offered by you in connection with or related to any Services.
9.6 Feedback. You, from time to time, may submit comments, information, questions, data, ideas, description of processes, or other information to New Times Media ("Feedback"). New Times Media may in connection with any of its Services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
10. Right to Modify
New Times Media reserves the right, at any time, to modify, suspend, or discontinue the Services and/or any part or parts thereof with or without notice. You agree that New Times Media will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA's requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office's web page at www.copyright.gov for details of the current DMCA requirements.
If you believe in good faith that materials hosted by New Times Media infringe your copyright (for example, materials posted by a user on one of our message boards), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. ¤ 512(c)(3)) and requesting that the material be removed or access to it blocked:
Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Services are covered by a single notification, you may provide a representative list of such works on the Services, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
Identification of the URL or other specific location on the Services that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them;
Your name, address, telephone number and email address (if available);
The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice will not be valid. You must submit any notification of an alleged copyright infringement to New Times Media's DMCA Agent by email at newtimessupport@gmail.com.
12. Termination
Your right to access and use the Services, will remain effective until terminated in accordance with the Terms of Use. New Times Media reserves the right to revoke the limited license granted to you herein for any reason or no reason, and, if we do, New Times Media may terminate your access to and use of the Services, and may, in its sole discretion maintain or delete your Account.
New Times Media may suspend, terminate, modify, or delete your Account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation or suspected violation of the Terms of Use. For example, your Account may be deleted and terminated without warning if New Times Media believes, in its sole discretion, that you are under 18 years of age; if you provide any information that is untrue, inaccurate (or becomes untrue, inaccurate, not current or incomplete); or New Times Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Services or Customer Data, will immediately cease. In addition to its termination rights, New Times Media also reserves the right to refuse service to anyone and to remove content, Submissions or Customer Data for any reason whatsoever in its sole discretion.
13. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEW TIMES MEDIA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NEW TIMES MEDIA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY PRODUCTS AVAILABLE ON THE SERVICES OR THROUGH ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF NEW TIMES MEDIA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SERVICES, IN THE CUSTOMER DATA, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES AND CUSTOMER DATA ARE ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability
NEITHER NEW TIMES MEDIA NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CUSTOMER DATA, INCLUDING ANY CUSTOMER DATA AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, CUSTOMER DATA, INCLUDING ANY PRODUCTS AVAILABLE ON THE SERVICES OR THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, CUSTOMER DATA, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO NEW TIMES MEDIA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO NEW TIMES MEDIA IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND NEW TIMES MEDIA OR A REPRESENTATIVE OF NEW TIMES MEDIA CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN.
15. Indemnification
You agree to indemnify, defend and hold harmless New Times Media, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any Submission or other information you post, submit to us or transmit to the Services or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username, topic name, or Account, whether or not by you) of the Terms of Use, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Customer Data or Services, and including any Services available on or through any Third Party Platform, or Submissions; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you on the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
16. Statute of Limitations
Any claim or cause of action arising out of or related to use of the Services or the Customer Data, and including any Services available on or through any Third Party Platform, or the Terms of Use (including the Terms of Use and/or Privacy Policy) must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
17. Choice of Law/Venue
The Terms of Use are governed by and construed in accordance with the laws of the State of Montana, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and New Times Media relating to the Services or the Customer Data, and including the Services available on or through any Third Party Platform, that involve a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and New Times Media agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and New Times Media that involve a claim of more than $5,000 are subject to the exclusive jurisdiction of the Federal and State courts located in Helena, Montana.
18. Notices
All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to New Times Media to its Registered Agent with the State of Montana, and if to you, to the e-mail and/or postal address associated with your Account. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or e-mail, on the second business day after deposit with the service. You may not send any notices under this Section to New Times Media via e-mail.
19. Miscellaneous
If any provision of the Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use are not assignable, transferable or sublicensable by you except with New Times Media's prior written consent. 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. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. New Times Media's performance of the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of New Times Media's right to comply with governmental, court, and law enforcement requests or requirements relating to your access and/or use of the Services or the Customer Data and including the Services available on or through any Third Party Platform, or information provided to or gathered by New Times Media with respect to such access and/or use. A printed version of the Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use, must be written in the English language.
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