This is a legal agreement between you and MCIC ("Mineral County
Information and Commerce/MineralCounty.Info/TheBigSky.Net")
for the use of the MCIC ("Mineral County Information and Commerce/MineralCounty.Info/TheBigSky.Net")
MCIC maintains a website to provide a medium through which business
owners/managers may place information about their businesses before
potential customers, so that businesses may advertise to customers
and customers may communicate with businesses. The purpose of this
Agreement is to set forth the terms under which MCIC will make use
of its website available to you. MCIC may make changes to its website
at any time and without notifying you or receiving your consent.
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The business listing fee
is required to be paid by credit card, echeck, or check (if invoicing
is approved for your account). You hereby authorize payment of such
fee effective when you post the business listing ad (immediately).
We do not store your credit card information on our website to renew
ads and MCIC will only bill you for the requested use. We will not
automatically renew your business ad unless you specifically renew
the ad. All sales are final. MCIC will not issue any refunds even
if the property becomes vacant prior to the ad expiring.
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This fee is for registering
as a Business to feature a service or commodity and for communicating
with MCIC Users. It shall not matter, for purposes of paying the
fee, (i) whether the User enters into a transaction after receiving
your contact information through the listing feature, (ii) whether
the User accepts an offer of business placed before it via MCIC'
website or (iii) whether the User accepts an offer of business presented
to the User outside of the website.
Your business ad listing is solely for the purpose of describing
the particular business and may not contain any links to other websites
nor reference to such links. All listings must be for business that
are actually available or exist in Mineral County. Failure to comply
will result in a warning or possibly deletion of your business ad
without notification or refund.
If you choose to have replies sent to you via email, MCIC is not
responsible for replies that are not deliverable because of an incorrectly
entered email address or any other error that involves the destination
email address or the destination email server.
MCIC reserves the right to change the content of any listing for
reasons such as improper spelling, profanity, referencing other
websites, or any other reason it deems necessary to change.
MCIC complies with state and federal civil rights laws. You agree
to comply with such acts. At other locations in this website, MCIC
may remind you not to include information that is potentially actionable
under such laws. To the extent that MCIC serves as a conduit for
information on the basis of which you could unlawfully discriminate
against potential customers, you hereby agree to defend and indemnify
In connection with your use of the MCIC website, you acknowledge
and agree as follows: (a) MCIC does not participate in any actual
business transactions, including, without limitation, negotiations,
discussions, or proposals; (b) MCIC does not render legal, brokerage,
or other professional advice or services; (c) MCIC is not responsible
for the content of, nor does it endorse, the third-party websites
to which you may link using this website; (d) MCIC does not guarantee
the accuracy of any information available on this website, and is
not responsible for any errors, omissions, or misrepresentations,
whether made by business or otherwise and all information obtained
on this website or from customers must be verified independently;
(f) MCIC may make changes to its products and/or services and this
website at any time and without notifying you or receiving your
consent; and (g) while MCIC complies with state and federal civil
rights laws, MCIC does not monitor transmissions of information
by Businesses and Customers and thus assumes no liability for businesses
or customers or users failures to comply with such laws.
You agree to indemnify, defend and hold MCIC and its affiliates,
licensors and suppliers harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related to your
violation of this Agreement and/or your use of this website.
ALL INFORMATION YOU RECEIVE FROM MCIC, BUSINESSES, CUSTOMERS, USERS,
AND/OR THE USE OF THE MCIC WEBSITE, IS PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND. MCIC HEREBY DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MCIC DOES
NOT WARRANT THAT ANY DATA YOU RECEIVE FROM MCIC OR ANY BUSINESS
OR USER WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR FREE
OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE
FROM OR RELATED TO THE MCIC WEBSITE IS FREE OF VIRUSES, WORMS, OR
OTHER HARMFUL COMPONENTS.
YOU HEREBY AGREE THAT IN NO EVENT SHALL MCIC OR ITS AFFILIATES AND/OR
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES ARISING OUT OF OR IN ANY
WAY RELATED TO THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY
TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES
OBTAINED THROUGH THIS SITE OR FROM MCIC, OR OTHERWISE ARISING OUT
OF OR RELATED TO THE USE OF THIS WEBSITE.
By registering your business's information, you consent to MCIC
placing information about your business on the MCIC website before
website shall be used only to legitimately preview your businesses
and make legitimate offers in accordance with MCIC's then-current
rules and procedures that may be established from time to time and
only for the purposes expressly permitted under this Agreement.
"Your Information" is defined as any materials, information
or data in any form you provide to us or Users in the course of
using this website including, but not limited to, any public message
area or through any email feature. You are solely responsible for
Your Information, and we act as a passive conduit for the online
distribution and publication of Your Information. Solely to enable
MCIC to use Your Information for the purposes described in this
Agreement, you agree to grant MCIC a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers)
right to exercise any intellectual property and publicity rights
(but no other rights) you have in Your Information, in any media
now known or not currently known, with respect to Your Information.
MCIC will only use Your Information in accordance
trademarks, service marks and trade names to properly identify buildings
owned or managed by you.
17. MCIC provides all users
with the opportunity to correct, update or delete information
stored in their account. To review, modify or delete your account
information, simply log into your 'MCIC
Control Panel' and update Your Information.
By entering into this Agreement, you hereby represent and warrant
that: (a) you will not transmit to MCIC
or any User any information or materials of any kind
which (i) violate, plagiarize or infringe on the intellectual
property or contractual rights of any third party; (ii) contain
libelous, defamatory, obscene, pornographic, abusive or otherwise
unlawful material; or (iii) contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data
or personal information; (b) your use of our website and services
will at all times comply with all applicable laws, rules, and
regulations and that you will do nothing to incur liability
for MCIC or cause MCIC
to lose (in whole or in part) the services of MCIC's
ISP's or other suppliers; (c) you have the power and authority
to enter into this Agreement: if you are an individual, this
includes, without limitation, that you are of the legal age
in your state of residence to make contracts; (d) you are an
employee, agent or representative of the properties that you
are registering or registering with, and you have the authority
to negotiate a Lease/Sale Transaction on behalf of the properties;
and (e) all information supplied or to be supplied by you relating
to this website and MCIC' services is and
will be accurate and complete.
We may amend this Agreement (including, without limitation,
terms on the MCIC website. Except as otherwise
provided herein, changes to this Agreement are effective thirty
(30) days after we provide you with notice of the change by
email or post a notice on the website. This Agreement may not
be otherwise amended except in a writing signed by both parties.
You and MCIC are independent contractors,
and no agency, partnership, joint venture, or employee-employer
relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given
by email to email@example.com (in the case of MCIC) or to the email
address you provide to MCIC during the registration process (in
your case), or such other address as the party shall specify. Notice
shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to MCIC during the registration
process. In such case, notice shall be deemed given three (3) days
after the date of mailing.
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF MONTANA AND
ANY APPLICABLE FEDERAL LAWS, WITHOUT GIVING EFFECT TO CONFLICT OF
LAWS PRINCIPLES. ANY LEGAL ACTION OR PROCEEDING UNDER THIS AGREEMENT
SHALL FIRST BE SUBJECT TO ARBITRATION. ANY ARBITRATION SHALL TAKE
PLACE IN LAS VEGAS, NEVADA. ARBITRATION SHALL BE GOVERNED BY THE
RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION SHALL
BE THE SOLE REMEDY AVAILABLE TO YOU UNDER THIS AGREEMENT. MCIC SHALL
NOT BE LIABLE FOR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO
THIS AGREEMENT UNDER ANY CIRCUMSTANCES WHATSOEVER.
In the event that any provision of this Agreement is determined
by a court to be invalid or otherwise unenforceable, such provision
(or portion thereof) shall be enforced to the extent possible
consistent with the stated intention of the parties, or, if
incapable of such enforcement, shall be deemed to be deleted
from this Agreement, while the remainder of this Agreement shall
continue in full force and remain in effect according to its
stated terms and conditions.
If you have any questions regarding the legal significance of this
Agreement, you are encouraged to seek the advice of an attorney.
In no event shall we be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to the service provided herein..
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS.