Terms of Service

1. 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") website.

2. 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.

3. (For additional advertising only-SKIP)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.

4. (For additional advertising only-SKIP)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.

5. 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.

6. (N/A)

7. 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.

8. (N/A)

9. 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.

10. 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 MCIC.

11. 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.

12. 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.

13. 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.

14. 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.

15. By registering your business's information, you consent to MCIC placing information about your business on the MCIC website before Users, subject to MCIC's Privacy Policy. You agree that the MCIC 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.

16. "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 with our Privacy Policy. MCIC may only use your 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.

18. 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.

19. We may amend this Agreement (including, without limitation, the Terms of Use Agreement and/or our Fees and Credits Policy and/or our Privacy Policy) at any time by posting the amended 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.

20. You and MCIC are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

21. Except as explicitly stated otherwise, any notices shall be given by email to info@thebigsky.net (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.

22. 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.

23. 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.

24. 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.


Disclaimer: Nothing on the Mineral County Information and Commerce website, including but not limited to links to third party websites, shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to the third party website, products, services, information, purchasing, experience, employment or other company practices. The information on this website and the information about any members is presented for informational purposes only.

©2005 Delphin Systems • All Rights Reserved