City of Sturgis, South Dakota
TERMS AND CONDITIONS OF USE
PLEASE READ CAREFULLY
By accessing, browsing and/or using the pages in this Site, you agree to these Terms and Conditions. If you do not agree, do not access, browse or use this Site.
These terms and conditions regarding your use of this Site constitute a legally binding agreement between you and Sturgis.
RESTRICTIONS ON USE
The materials published in this Site, http://sturgismotorcyclerally.com (the “Site” and also the “Materials”) owned, operated, and controlled by the City of Sturgis (“Sturgis”) may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of the City of Sturgis, EXCEPT: you may download one copy of the Materials on one computer for use on that computer only, provided you do not delete or change any copyright, trademark or other proprietary notices, and provided you do not further copy or post the Materials on any network computer or distribute the Materials in any media. You may only use the Materials posted on this Site for lawful purposes.
THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. STURGIS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. STURGIS DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. STURGIS DOES NOT WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STURGIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT STURGIS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
EQUAL OPPORTUNITY EMPLOYER
Sturgis is an equal opportunity employer committed to a diverse workforce.
DISCLAIMER OF LIABILITY
STURGIS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. STURGIS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY STURGIS OR BY AN AUTHORIZED STURGIS REPRESENTATIVE, OR AN AUTHORIZED STURGIS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. STURGIS’ TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO STURGIS, IF ANY, TO ACCESS THIS SITE.
CONTENT SUBMITTED BY YOU (“POSTINGS”)
Portions of this Site may provide you and other users an opportunity to comment or give feedback by posting comments to blogs or stories. You understand, acknowledge and agree that such postings are the sole responsibility of the person from which such postings originated. You, and not Sturgis, are entirely responsible for the consequences of all postings that you make available via the Site. Postings do not reflect the views of the Site, Sturgis or its affiliates. Sturgis reserves the right to monitor, edit or screen any postings, including the right to refuse to allow any posting on the Site.
You are responsible for the content of any posting and take responsibility for said content. You shall indemnify, defend and hold harmless Sturgis and its affiliates from any and all liability and costs incurred by those indemnified in connection with any claim arising out of any posting submitted by you and/or any breach by you of the terms and conditions of this Agreement.
Sturgis reserves the right to disclose any information that it believes necessary to comply with any law, regulation or governmental request for information in connection with any criminal, illegal or inappropriate activity by you.
If a posting originates from you, you are representing and agreeing that:
- You are placing the posting without reservation of any rights or further control over the posting or its use and you specifically authorize Sturgis to use such posting in whole or in part;
- The posting is original to you or you are submitting the posting with the express permission of the owner;
- The posting does not violate or breach any of the terms of this Agreement;
- The posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any State statute or regulation,
Postings are for noncommercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue for any business, enterprise or commercial activity.
STURGIS is a service mark of the City of Sturgis, South Dakota in the United States. All Sturgis trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of their respective owner. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of Sturgis or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name. You may contact Sturgis by sending an e-mail to firstname.lastname@example.org , or writing to City of Sturgis Rally & Events Department, 1040 Harley-Davidson Way, Sturgis, South Dakota 57785, to request written permission to use Materials on this Site for purposes other than stated in the Terms and Conditions or for all other questions relating to this Site.
At certain places on this Site, live “links” to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of Sturgis. Sturgis does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Sturgis provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Sturgis.
There may be circumstances where access to this Site is provided by a hypertext link located at another site. Sturgis has no responsibility for the content of such other sites, Sturgis does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and Sturgis shall not be liable for any damages or injury arising from the content of or access to these other sites. Sturgis does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site. Unless approved in writing in advance by Sturgis, you agree not to: (a) provide or create a link to this Site; or (b) create any frames at any other sites pertaining to any of the Materials located at this Site. You also agree not to post any materials at this Site without the express written permission of Sturgis.
Sturgis or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all Materials obtained from the Site, and (b) all related documentation and all copies and installations. Upon termination, you must destroy all Materials including, without limitation, permanently deleting all Materials from any computer and/or media and, upon Sturgis’ request, certify in writing that all Materials have been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, all Materials on this Site are made available only to provide information about Sturgis. If you use this Site from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some software, products and other materials and information from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Software, order products, or download materials or other information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Any controversy or dispute between you and Sturgis concerning this Site or the Materials shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Rapid City, South Dakota. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by Sturgis to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Sturgis of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
MODIFICATIONS TO TERMS AND CONDITIONS
Sturgis reserves the right, at any time and from time to time, for any reason in Sturgis’ sole discretion, to change the terms of this agreement. Once the changes are made, the changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with Sturgis.
Contests, sweepstakes and promotions
From time to time, Sturgis may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes (“promotions”). Each promotion may have additional terms and/or rules which will be posted or otherwise made available to you and, for purposes of each promotion, will be deemed incorporated into and form a part of this agreement.