Terms of Use
Please read these Terms and Conditions of service carefully before using this Site
This site is maintained and controlled by the Herald-Press, as a service to readers and communities we serve.
By accessing and using the Site, you are hereby agreeing to be legally bound by this Agreement, and to comply with this Agreement and any other posted guidelines or rules applicable to this Site. All such guidelines and rules are hereby incorporated by reference into this Agreement. If you do not accept and agree to be bound by this Agreement, do not log onto, or use, this Site.
We reserve the right at any time to change the Terms and Conditions of this Agreement; or to change the Site, including eliminating or discontinuing any feature or any content on the Site. Any changes we make will be effective immediately upon posting on the Site. You agree that any postings on the Site are fair, adequate, and reasonable notice to you of the content of such postings. Your decision to log onto or use the Site following such changes will be deemed acceptance of such changes. You agree that you are legally and factually in receipt of notices of amendments and modifications to this Agreement immediately upon their posting on the Site, and that it is your sole responsibility to check this Site prior to each use to inform yourself about any such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Definitions. The following terms as used herein shall have the following meanings:
"Agreement" means these Terms and Conditions.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic record" means a contract or other record created, generated, sent, communicated, received, or stored by electronic means. An oral communication or a recording of an oral communication shall not qualify as an electronic record for purposes of this Agreement except as otherwise provided under applicable law.
"Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"The Site" or "this Site" refers to http://www.heraldpressnd.com and any page that is logically connected to that URL.
"Written notice" means either a notice that is communicated on paper or a notice that is communicated electronically via email.
"You" and "your" refer to any person or entity using this Site.
2. Use of non-public information. You expressly warrant that you will not use any data input form on this Site to provide non-public information to others, or otherwise utilize this Site to transmit any non-public information to others, in any way that may violate any applicable law. Without limiting the generality of the foregoing, no file number may contain a debtor's full name, full account number, full social security number, or full driver's license number. You agree to indemnify Herald-Press and all of its affiliates, and all of their respective officers, directors, employees and agents, and hold all such parties harmless from any losses, liabilities, claims, suits, civil, criminal, or administrative proceedings, fines, penalties, judgments, actual, consequential, and punitive damages, costs, legal fees, and expert witness fees that they may incur as a result of or arising out of any violation of this provision.
3. Termination. We have the right to terminate your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon any such termination you agree that you will immediately cease accessing or using the Site, either directly or through an intermediary. Our termination of your right to use the Site shall not impair, limit, or terminate this Agreement.
4. Disclaimers. Although we make reasonable attempts to ensure the integrity of the Site, we make no guarantees as to the Site's accuracy or completeness. In the event that a situation arises in which the Site's accuracy or completeness is in question, please contact us at Herald-Press, 913 Lincoln Ave., Harvey, ND 58438. Please provide a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
Your use of the Site is entirely at your own risk. We make absolutely no warranty with respect to any services, products or advice offered or provided by any attorneys or other individuals or entities that may be listed or otherwise appear on the Site or be linked with the Site. While we make reasonable efforts to ensure that any attorney or other service provider listed in this Site meets such listing criteria as we may establish from time to time, there is no assurance that such criteria will be effective to ensure that any such attorney or other service provider is qualified or appropriate for your requirements.
You expressly understand and agree that under no circumstances shall Herald-Press or any of its affiliates, or any of their respective officers, directors, employees and agents be liable to you or any person or entity in connection with any use or misuse of, or reliance upon, any information that appears on this Site, or by reason of any services, products or advice received through or advertised on the Site or received through any links provided on the Site. Any business that you transact with any person or entity through or in connection with the Site shall be solely upon such terms, conditions and compensation as may be agreed upon between you and such person or entity. You agree that you will, at your expense, indemnify the Herald-Press and all of its affiliates, and all of their respective officers, directors, employees and agents, and hold all such parties harmless from any losses, liabilities, claims, suits, civil, criminal, or administrative proceedings, fines, penalties, judgments, actual, consequential, and punitive damages, costs, legal fees, and expert witness fees that they may incur as a result of or arising out of any such transaction.
To the fullest extent permissible pursuant to applicable law, we and our 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. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We and our affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of this Site or the contents hereof will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted or any software are free of viruses or other harmful components.
5. Limitation of liability. Neither we nor any of our affiliates, licensors, suppliers, advertisers or sponsors, nor 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 Site and/or materials contained on the Site, any linked Site or any product or service advertised on the Site. BHG Inc. shall be in no way liable for the contents of any of the web Sites that are linked to our Sites.
6. Indemnification. You agree to indemnify, defend and hold us, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, actual, punitive, or statutory damages, losses, costs (including reasonable attorneys' fees), arbitration awards, judgments, and other expenses and liabilities that arise directly or indirectly out of or from (a) your breach of this Agreement; and/or (b) your use of the Site.
7. Copyrights and other rights. The contents of this Site, and the rights thereto, are owned or duly licensed to Herald-Press. Any unauthorized use or copying of the information on our Site is strictly prohibited without our express written permission.
8. Trademarks. Any and all trademarks and service marks appearing on our Site are trademarks or registered trademarks owned by, or duly licensed to the Herald-Press or its affiliates, advertisers, or sponsors. Any unauthorized use of these trademarks is strictly prohibited without the express written permission of the Herald-Press.
By using this Site you acknowledge that (1) you have read and reviewed this Agreement in its entirety, (2) you agree to the Terms and Conditions of this Agreement, (3) the individual so agreeing has the power, authority and legal right to enter into this Agreement on your behalf and that this Agreement constitutes binding and enforceable obligations of you and any heir, executor, administrator, successor, assign, attorney, or trustee asserting your rights.
