Please read the following Terms and Conditions carefully. By using the High Desert Insider Web site, you agree to be bound by the Terms and Conditions specified below, as they may be amended from time to time. High Desert Insider reserves the right to amend these Terms and Conditions at any time by posting the amended terms to this Web site. Your continued use of the High Desert Insider site constitutes acceptance of the amended terms. If you do not agree with these Terms and Conditions (as amended from time to time) or are dissatisfied with the High Desert Insider site or any other terms, conditions, rules, policies, guidelines, or practices of High Desert Insider, your sole and exclusive remedy is to discontinue using the High Desert Insider site.
Use of High Desert Insider Web Site; Uploading Information
You agree to use the High Desert Insider Web site only for lawful purposes.
(a) Specifically you agree not to do any of the following: (i) upload to or transmit on the High Desert Insider Web site any defamatory, indecent, obscene, harassing, excessively violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the High Desert Insider Web site to violate the legal rights (including the rights of publicity and privacy) of others; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit other subscribers' use of the High Desert Insider Web site; (vi) upload or otherwise transmit files that contain a virus or otherwise corrupted data; or (vii) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the High Desert Insider Web site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the High Desert Insider Web site).
(b) Any content and/or opinions uploaded, expressed, or submitted to a message board, chatroom, or any other publicly available section of the High Desert Insider Web site, and all articles and responses to questions, other than such content provided by High Desert Insider, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of High Desert Insider. You understand and acknowledge that you are responsible for whatever content you submit, and you, not High Desert Insider, have full responsibility for such content, including its legality, reliability, appropriateness. By uploading or otherwise transmitting material to any area of the High Desert Insider Web site, you warrant that the material is your own, is in the public domain, or is otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the High Desert Insider Web site. You grant to High Desert Insider the right to use all content you upload or otherwise transmit to the High Desert Insider Web site in any manner High Desert Insider chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material, or making a derivative work based on it.
(c) High Desert Insider reserves the right, but does not assume any responsibility, to remove from the High Desert Insider Web site any material posted by you on the High Desert Insider Web site which High Desert Insider, in its sole discretion, deems inconsistent with the foregoing commitments, including any material High Desert Insider has been notified, or has reason to believe, constitutes a copyright infringement. However, High Desert Insider can neither review all material prior to transmission on the High Desert Insider Web site nor ensure prompt action with respect to objectionable material after it is transmitted on the High Desert Insider Web site. Accordingly, High Desert Insider assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your subscription to the High Desert Insider Web site and may expose you to civil and/or criminal liability.
Purchases of Products or Services
If you elect to purchase products or services that are made available through the High Desert Insider site, you will be sent via a link to the Web site of the merchant, advertiser, or other information or service provider ("Merchant") which is offering such product or service. You may be asked by such Merchant to supply certain information, including credit card or other payment information. You agree that all such information will be accurate, complete, and current. The persons or entities offering products and services on the High Desert Insider site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account, credit card, or other payment mechanism at the prices in effect when the charges are incurred. You also will be responsible for paying any taxes due in connection with such purchases.
High Desert Insider is not a party to any transaction between you and any Merchant or any other party, and is not responsible for any products or services you may elect to purchase or use. All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance, and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant. High Desert Insider is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a merchant. Neither High Desert Insider nor any third-party provider, other than the Merchant offering such goods or services over the network, makes any express or implied representations or warranties regarding the goods or services offered by such Merchant, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, noninfringement, or compatibility.
Disclaimer and Limitation of Liability
Hypertext links to other Web sites are provided for convenience only. High Desert Insider assumes no responsibility, makes no representations regarding, and is not liable for (a) the content, truthfulness, accuracy, completeness, usefulness, or legality of any listings, advertisements, information, products, or services included on the High Desert Insider site or any site to which the High Desert Insider site is linked; (b) monitoring any information residing on or transmitted to or from the High Desert Insider site; (c) determining whether or not persons who advertise on the High Desert Insider site or any linked site are properly licensed for their advertised profession or trade; (d) the use by any advertisers of any trademarks, copyrights, or other rights of third parties; or (e) any viruses, worms, cancelbots, trojan horses or other harmful components or defects that may be found at the High Desert Insider site or any linked site.
High Desert Insider does not represent, warrant, endorse, or guarantee any advertised products or services, and the identification or listing of products, services, links, or other information on the High Desert Insider site or any linked site does not constitute or imply any sponsorship, affiliation, or recommendation by High Desert Insider. You assume all responsibility and risk associated with the use of the High Desert Insider service and the Internet generally.
The High Desert Insider site is provided on an "as is" and "as available" basis, with all faults. Neither High Desert Insider nor any person associated with High Desert Insider makes any warranty or representation with respect to the quality or availability of the High Desert Insider site. Specifically, but without limiting the foregoing, neither High Desert Insider nor anyone associated with High Desert Insider warrants or represents that the High Desert Insider Web site or the information provided on that Web site will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the High Desert Insider site or the server that makes it available are free of viruses or other harmful components; or that the High Desert Insider site will otherwise meet your needs or expectations. High Desert Insider disclaims all warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose, or noninfringement. In no event will High Desert Insider or its contractors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the High Desert Insider site or any linked site, including any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions, or other inaccuracies in the High Desert Insider Web site or the content transmitted on the High Desert Insider Web site, whether or not there is negligence by High Desert Insider and whether or not High Desert Insider has been advised of the possibility of any such damages.
Some of the foregoing exclusions are not permitted in certain states or countries, and may not apply to you.
You agree to indemnify and hold harmless High Desert Insider, its affiliates, agents, third-party information providers, merchants, licensors, and others involved in the delivery of the High Desert Insider Web site or the delivery of products, services, or information over the High Desert Insider Web site, and their respective officers, employees, and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation by you of this Agreement or otherwise arising out of your use of the High Desert Insider Web site.
Copyright Restrictions/Use of Content
The materials hosted on the High Desert Insider site are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized to use the content on the High Desert Insider Web site for personal use only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this site without the prior written consent of High Desert Insider, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your Web browser for display enhancement purposes and you may print a reasonable number of pages of the High Desert Insider Web site for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with High Desert Insider or the applicable owner of such content.
The term "High Desert Insider" is a pending registered trademark, and the "High Desert Insider" logo and all related product and service names, designs, and slogans are the pending trademarks or service marks of High Desert Insider. All other product and service marks on this site are the trademarks of their respective owners.
Privacy; Protection of Personal Information
Comments and Submissions
High Desert Insider welcomes your comments. All comments, suggestions, or other information sent by you to this site (other than postings to publicly available portions of this site such as message boards or chat rooms) for internal use by High Desert Insider or its advertisers or business partners or in response to solicitations on this site, will become High Desert Insider's property; you agree that all intellectual property rights therein are transferred to High Desert Insider.
This site is operated from a site in the state of California, USA. High Desert Insider makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you are responsible for complying with local laws.
Please contact the High Desert Insider site coordinator by sending an email to firstname.lastname@example.org, if you become aware of any content that you believe to be in violation of these Terms and Conditions, including, without limitation, claims that any content on the High Desert Insider Web site infringes the copyright of a third party.
These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the state of California, USA, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and High Desert Insider with respect to the High Desert Insider Web site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the High Desert Insider Web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or your use of the High Desert Insider Web site shall be in the state or federal courts located in the state of California. You agree to submit to the jurisdiction of such courts.
If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions shall remain in full force and effect.
High Desert Insider's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and High Desert Insider nor any trade practices shall be deemed to modify these Terms and Conditions.