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Terms of Use | Privacy Policy
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The CAPITAL JOURNAL is a publication of Wick Communications. The CAPITAL JOURNAL offers the CAPITAL JOURNAL website (the "website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the website. By using the website, you signify your assent to these Terms and Conditions and any subsequent modifications. The CAPITAL JOURNAL may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this website as they are binding upon you.
The CAPITAL JOURNAL site is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to The CAPITAL JOURNAL that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions.
All users are encouraged to contribute information and pictures to The CAPITAL JOURNAL All contributions will be accepted for publication on the website provided they adhere to these rules:
The CAPITAL JOURNAL does not endorse and is not responsible for any statement, opinion, advice given or made in discussion forums. Your use of the CAPITAL JOURNAL discussion forums is at your own risk. The CAPITAL JOURNAL does not intend to engage in any prior review of notes posted to discussion areas, but it reserves the right in its sole discretion and for any reason to delete or redirect any information or other content posted to The CAPITAL JOURNAL (including posts to discussion areas), regardless of whether the information or other content violates the rules for content described in the above policies. Further, The CAPITAL JOURNAL reserves the right to limit or terminate service to participants who violate the terms of this Agreement. In no event will The CAPITAL JOURNAL be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the CAPITAL JOURNAL discussion forums, or any information or services provided on The CAPITAL JOURNAL, even if The CAPITAL JOURNAL has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on The CAPITAL JOURNAL. The CAPITAL JOURNAL is not responsible for censoring or monitoring postings but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove notes at its sole discretion and without explanation.
The CAPITAL JOURNAL retains full copyright ownership, rights and protection in all material contained on The CAPITAL JOURNAL, including but not limited to material submitted by community contributors. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this website. You may, however make single copies of materials displayed on the CAPITAL JOURNAL website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from The CAPITAL JOURNAL or the copyright owner of the copied material. None of the material contained on the CAPITAL JOURNAL site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of The CAPITAL JOURNAL. All content of The CAPITAL JOURNAL is Copyright The CAPITAL JOURNAL. All rights reserved.
Neither The CAPITAL JOURNAL nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free. If your use of The CAPITAL JOURNAL results in the need for servicing or replacing property, material, equipment or data, The CAPITAL JOURNAL is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the website on behalf of The CAPITAL JOURNAL. The CAPITAL JOURNAL reserves the right to change or discontinue at any time any aspect or feature of the website. The CAPITAL JOURNAL does not assume any liability for the contents of any material provided on the website. Reliance on any information presented on the website, other than that which you provided, is at your own risk. The CAPITAL JOURNAL reserves the right to change or discontinue any aspect or feature of the website at any time. You acknowledge that, in connection with the website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of The CAPITAL JOURNAL. Accordingly, The CAPITAL JOURNAL assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the website. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CAPITAL JOURNAL IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE CAPITAL JOURNAL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR THE CAPITAL JOURNAL SERVICES.
IN NO EVENT SHALL THE CAPITAL JOURNAL OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CAPITAL JOURNAL WEBSITE OR THE CONTENT OF THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CAPITAL JOURNAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The CAPITAL JOURNAL SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
You agree to defend, indemnify and hold The CAPITAL JOURNAL, its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the CAPITAL JOURNAL website in a manner that violates or is alleged to violate these Terms and Conditions. The CAPITAL JOURNAL shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The CAPITAL JOURNAL website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by The CAPITAL JOURNAL of the sites, but is for your reference and convenience only. The CAPITAL JOURNAL has not reviewed all of the sites linked to the website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to The CAPITAL JOURNAL. Nor does The CAPITAL JOURNAL recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the website. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site. The CAPITAL JOURNAL website also contains advertisements by third parties. Unless otherwise specifically stated on the website, The CAPITAL JOURNAL does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the website. Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the CAPITAL JOURNAL website, provided that the hyperlink accurately describes the content as it appears on the website. The CAPITAL JOURNAL reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the CAPITAL JOURNAL website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within The CAPITAL JOURNAL must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within The CAPITAL JOURNAL.
You agree that The CAPITAL JOURNAL may terminate your use of the website, if The CAPITAL JOURNAL reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of The CAPITAL JOURNAL or any third party, or for any reason with or without notice to you. You agree that The CAPITAL JOURNAL may modify or discontinue The CAPITAL JOURNAL, with or without notice to you. You agree that The CAPITAL JOURNAL will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled "Your Submissions," "Disclaimer of Warranties" "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.
You expressly agree that exclusive jurisdiction for any dispute with The CAPITAL JOURNAL, or in any way relating to your use of The CAPITAL JOURNAL ("Legal Action"), resides in the courts of Louisiana. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Louisiana in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court. These Terms and Conditions are governed by the internal substantive laws of the State of Louisiana, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to iberianet.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
This Site is not intended for use by persons located within the European Economic Area (EEA). We do not request or accept personal information concerning or supplied by persons who are located within the EEA at the time they access this Site. If you have accessed this Site from within the EEA, you should immediately discontinue your use. If you have supplied personal information to us in violation of this provision, whether through the registration of new user accounts or otherwise, please contact us at publisher@capjournal.com.
The CAPITAL JOURNAL may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on The CAPITAL JOURNAL, or by written communication delivered by first class U.S. mail to your address on record in The CAPITAL JOURNAL's account information. You may give notice to the Publisher of The CAPITAL JOURNAL at any time via electronic mail to publisher@capjournal.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: The CAPITAL JOURNAL, 333 W Dakota Ave, Pierre, SD 57501 Phone: 605-224-7301
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