Terms & Conditions

This website (“Site”) for Box Elder Guardian is owned by the Belle Fourche Beacon. (“we,” “us,” “our”). If we change, adjust, or modify these Terms of Use we will notify all registered users by email or otherwise.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS OF USE, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE, AND YOU MUST NOT ACCESS OR USE THE SITE.

THE DISPUTE RESOLUTION SECTION OF THESE TERMS OF USE CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION 24 FOR MORE INFORMATION REGARDING THE ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THE ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

Definitions

Words and phrases used in these Terms of Use have the definitions given to them in these Terms of Use or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.

Term

These Terms of Use are entered into as of the date you first access or use the Site (the “Effective Date”) and will continue until terminated as set forth herein.

Registration

Access to some of the content, services, and features on this Site requires users to register accounts. Each registered account is for a single user only and registration may require you to provide certain personal information, such as your name, email address, street address, gender, and date of birth. You must be at least 16 years old to register. Our use of personal information is governed by the terms of our Privacy Policy. You represent and warrant that the information you have provided to register an account is true, accurate, current, and complete and that you will maintain and promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all or a portion of this Site to any person who violates these Terms of Use.

Passwords

You are responsible for maintaining the confidentiality of any usernames or passwords for your account to access to this Site, and you agree not to allow any other person or entity to use your usernames or passwords. You will be responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username, or any other breach of security, and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of each session. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change your account’s username or password at any time and for any reason.

Security

You are prohibited from trying to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.

Law Enforcement

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user that is believed to violate these Terms of Use or any other federal, state, or local law or regulation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS (1) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR AS A RESULT OF, AN INVESTIGATION AND/OR (2) FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

USE OF THIS SITE

Access

Subject to your agreement and compliance with these Terms of Use, we will permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms of Use and any other written agreement to which you agree before being given access to any specific part of the Site. Any such additional agreement is in addition to these Terms of Use. In the event of a conflict between these Terms of Use and such additional agreement, such additional agreement controls.

Our Intellectual Property

This Site and the content on the Site that we provide (“Our Content”) is owned by us and third party providers and is protected by U.S. and international copyright, trademark, and other intellectual property laws. This Site and Our Content may not be copied, reproduced, republished, uploaded, posted, sold, leased, licensed, sublicensed, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of Our Content on a single computer for your personal, non-commercial use only. You are solely responsible for verifying the accuracy, completeness, and applicability of Our Content and for your use thereof. Except as set forth in these Term of Use, you are granted no licenses or rights in or to any of Our Content, or any intellectual property rights therein or related thereto. “Deep-linking,” “embedding,” or using analogous technology with respect to Our Content or other content is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or Our Content or other content on the Site may violate applicable copyright, trademark, or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in Our Content or other content on the Site. The use of Our Content or other content on the Site on any other website or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site, provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of Our Content or other content on the Site or incorporate into another website or other service any of our intellectual property.

Submissions

“Submissions” means all (1) comments, feedback, suggestions, email, and similar information or materials you submit to us including comments to blogs, stories, and community forums, letters to the editor, manuscripts, articles, photographs, videos, artwork, or any other materials; (2) and any content, including photographs, videos, artwork, and comments, that you post to our social media properties (e.g., our Facebook page) or that you tag us in by using our social media handles (e.g., our Twitter or Instagram handle). With respect to each Submission, you represent and agree that:

  • You are the author of the Submission or that you are making the Submission with the express permission of the author/owner;
  • The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other intellectual property right that exists in favor of any other person or entity;
  • You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, repost, and/or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed;
  • You automatically waive any claim that any use of such Submission violates any of your rights, including privacy rights, publicity rights, moral rights, or any other right, including the right to approve the way we use such Submission;
  • You are responsible for the content of such Submission and acknowledge that third parties may hold you responsible for content related claims;
  • You shall indemnify, defend, and hold harmless us, our parent company and our affiliated entities (including our officers, directors, owners, agents, and employees) from all liability and costs incurred in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to such Submission; and
  • We have the right to disclose any information related to such Submission that we believe necessary to comply with any law, regulation, or governmental request and provide information related to such Submission that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.

Online Conduct

We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the messages or postings that are sent to the Site but we, or third parties acting on our behalf, may monitor online conduct to enforce these Terms of Use. We reserve the right in our sole discretion, but do not assume any obligation, to refuse to post, remove, or edit any messages or postings sent to the Site, including Submissions. Any action by a user that infringes on another user’s right to use and enjoy this Site is prohibited. We reserve the right to suspend or terminate your access to and use of this Site if, in our view, Submissions fail to meet any of our guidelines. You agree that under no circumstances will we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling, or restricting access to or the availability of Submissions or other content. It is a condition of your use of the Site that you do not:

  • Use the Site for any unlawful purpose or to transmit any material that contains a virus, worm, Trojan horse, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications;
  • Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property;
  • Use the Site to upload, post, email, transmit, or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights of any party;
  • Use the Site to upload, post, email, transmit, or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically, or otherwise objectionable;
  • Post any information that is false, misleading, or inaccurate or attempt to interfere with any other person’s use of the Site;
  • Access or attempt to access the Site except as expressly permitted in these Terms of Use;
  • Use the Site in any manner that could damage, disable, overburden, or impair the Site;
  • Use automated scripts to collect information from, or otherwise interact with, the Site;
  • Monitor the availability, performance, or functionality of the Site;
  • Interfere with the operation or hosting of the Site;
  • Solicit funds, advertisers, or sponsors, or advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting “pyramid” schemes, raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site;
  • Hold yourself out as sponsored by, endorsed by, or affiliated with, us;
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site; or,
  • Post hyperlinks to other sites containing content prohibited by the Terms of Use.

To report a complaint, please use the Report Abuse button next to the content you wish to report.

Online Commerce

Some areas of our Site may allow you to purchase items or services from us or from third parties. We are not responsible for any interactions between you and third parties or for the timeliness, accuracy, or quality of items purchased from them. You should review the practices and policies prior to purchasing items from third parties as their practices and policies may differ from ours. When you purchase items or services from our Site, you may be subject to additional terms and conditions that specifically apply to the items you are purchasing. You are financially responsible for all purchases made by you or someone using your account.

SMS / Text Messaging

Some features of our Site may allow you to communicate with us via text message. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.” You can opt out of receiving text messages associated with any contest, promotion, or sweepstakes by replying “STOP.” You may request additional assistance by replying HELP, by emailing us at [email protected]. Message and data rates may apply. Message frequency varies.

Fair Housing Act

In accordance with the federal Fair Housing Act, we do not accept for publication any real estate listing that indicates any preference, limitation, or discrimination based on race, ethnicity, color, religion, sex, sexual orientation, gender identity, disability, family status, or national origin. The federal Fair Housing Act prohibits real estate advertisements that indicate any preference, limitation, or discrimination because of race, ethnicity, color, religion, sex, sexual orientation, gender identity, disability, familial status, or national origin.

If you believe a real estate advertisement on this website states such a preference, limitation, or discrimination, please contact us. For further information on the Fair Housing Act, see https://portal.hud.gov/.

Third-Party Services

We may provide you with the ability to access services developed, provided, or maintained by third-party service providers through the Site (“Third-Party Services”). Third-Party Services may integrate with, pull content from, or add content to the Site. In addition to these Terms of Use, your access to and use of any Third-Party Services is also subject to any other agreement you may agree to before being given access to the Third-Party Services (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to these Terms of Use, but will not apply to any other services you may access.

Links to Other Sites

Any links from this Site to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site). We do not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly.

TERMINATION AND SUSPENSION

These Terms of Use may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms of Use. Upon termination of these Terms for any reason: (1) all rights granted to you under these Terms of Use will terminate; (2) you will immediately cease all use of and access to the Site; and (3) we may, in our sole discretion, delete your account at any time and/or block your access to the Site. Provisions which by their inherent meanings are to survive the termination of these Terms of Use will so survive.

Without limiting our right to terminate these Terms of Use, we may also suspend your access to the Site, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms of Use or applicable law or upon any other conduct deemed by us to be inappropriate or detrimental to us, the Site, or any other user or third party.

YOUR WARRANTIES

You hereby represent and warrant to us that: (a) you have the legal right and authority to enter into these Terms of Use; (b) these Terms of Use form a binding legal obligation on your behalf; (c) you have the legal right and authority to perform your obligations under these Terms of Use and to grant the rights and licenses described in these Terms of Use; and (d) your access to, and use of, the Site, will comply with all applicable laws, rules, regulations, and third-party rights and will not cause us to violate any applicable laws, rules, regulations, or third-party rights.

EXCLUSION OF WARRANTY

USE OF THIS SITE AND OUR SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, OTHER WEBSITES, AND THIRD-PARTY SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE, OTHER WEBSITES, OR THE SERVICES OFFERED BY US OR THIRD PARTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OTHER WEBSITES, OR THE SERVICES, OR THE SERVERS THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE SITE, OTHER WEBSITES, OR THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THIS SITE OR OTHER CONTENT WE DELIVER MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE, OTHER WEBSITES, OR SERVICES, OR THEIR RESPECTIVE CONTENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE, OTHER WEBSITES, OR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SAME.

LIMITATION OF LIABILITY

WE, AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY, INCLUDING THE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

You agree to defend and hold harmless us, our licensors, content providers, service providers, employees, agents, officers, members, managers, directors, contractors, successors, and assigns (the “Indemnified Parties”) from and against (a) any breach of these Terms of Use by you or (b) your use of any material, content, or data other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from any and all resulting losses, liabilities, damages, judgments, awards, settlements, penalties, fines, costs, and expenses (including without limitation attorneys’ fees of the Indemnified Parties) in connection therewith.

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others, and we prohibit users from posting to or through the Site or services any materials, content, or data that violates another party’s intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement compliant with 17 U.S.C. § 512, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright that you own has been posted on our Site without authorization, you may send a written notification to our Designated Agent at:

Copyright Agent
Box Elder Guardian
[email protected]

In accordance with the Digital Millennium Copyright Act, and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and services, or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

DISPUTE RESOLUTION

You and we agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Site or our services, any validity, interpretation, breach, enforcement, or termination of these Terms of Use, or otherwise relating to us in any way (collectively, “Covered Dispute Matters”), will be resolved in accordance with the provisions set forth in this Section.

If you have any dispute with us, you and we agree that before taking any formal action, you will contact us at [email protected] and provide a brief, written description of the dispute and your contact information (including your email address associated with your account, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue with you.

NOTICES

Unless otherwise specified in these Terms of Use, any notices required or allowed under these Terms of Use will be provided to us by postal mail to the address for us listed on the Site. We may provide you with any notices required or allowed under these Terms of Use by sending you an email to any email address that you provide to us in connection with your account, provided that in the case of any notice applicable both to you and other users, we may instead provide such notice by posting it on the Site. Notices provided to us will be deemed given when we actually receive them. Notices provided to you will be deemed given 24 hours after posting to the Site or sending via email, unless (as to email) we are notified that the email address is invalid.

MISCELLANEOUS

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and us. Notwithstanding the foregoing, additional terms and conditions may apply to the purchase of goods and services of third parties to whom you are provided access through this Site. Your use of this Site is independent and you shall not be construed as an employee, agent or partner of, or joint venturer with us for any purpose.

These Terms of Use and its performance shall be governed exclusively by the laws of the State of Iowa, without regard to its conflict of laws provisions. In the event any provision in this agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. Notwithstanding any of the foregoing, nothing in the Terms of Use preempts or serves to preempt the Privacy Policy.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section and subheading titles are for convenience only and have no legal or contractual effect.