Scope of Use
Subject to these Terms, Idaho PTECH grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use or legitimate business purposes, including any graphics, text, instructions, images, audio files or other sounds, videos, and other materials you may view on or access through the Site (collectively, the “Content”). Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Idaho PTECH. You agree not to use the Site:
- to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms;
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Idaho PTECH or users of the Site or expose them to liability;
- for the purpose of exploiting, harming, or attempting to exploit or harm Minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to impersonate or attempt to impersonate Idaho PTECH or its employees, another user, or any other person or entity; or
- to access or use the Site for any unlawful purpose or otherwise beyond the scope of the rights granted in these Terms.
Additionally, you agree not to:
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site;
- use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site or the proper working of the Site;
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
- use any manual process or any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.
Account Registration and Security
Access to and use of certain areas of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping such information up to date. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account. You agree to immediately notify Idaho PTECH of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason, including if, in our opinion, you have violated any provision of these Terms.
Unless otherwise specified, the Site and all Content are the sole property of Idaho PTECH and are protected under copyright, trademark, and other applicable United States and international laws and treaties. You acknowledge and agree that, as between you and Idaho PTECH, Idaho PTECH is and shall remain the sole owner of the Site and the Content, including without limitation all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights in and to the Site and the Content.
The Site contains message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or third parties (generally described as “post”) content or materials (collectively, “User Content”) on or through the Site and permits you to submit to Idaho PTECH comments, suggestions, or other materials (together with User Content, “User Contributions”).
Any User Contribution you post to the Site or submit to Idaho PTECH will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, transferable right use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media for any purpose whatsoever (commercial or otherwise) without compensation to you.
You represent and warrant that:
- you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
- all of your User Contributions do and will comply with these Terms;
- you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Idaho PTECH, have fully responsibility for such User Content, including without limitation its legality, reliability, accuracy, and appropriateness; and
- we are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement
We have the right to:
- remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Idaho PTECH;
- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
- take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS IDAHO PTECH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable laws. Without limiting the foregoing, User Contributions must not:
- contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- be likely to deceive any person;
- promote any illegal activity, or advocate, promote, or assist any unlawful act;
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
- give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Just as we require users of the Services to respect our copyrights and other intellectual property rights, we respect the copyrights and other intellectual property rights of users of the Site and other third parties. It is our policy to terminate the user accounts of repeat infringers. If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, you may notify us by mail to:
Attn: Molly Huckaby
Re: Copyright Infringement
1323 Hwy 2, Suite 303
Sandpoint, Idaho 83864
Please provide the following information:
- the identity of the infringed work and of the allegedly infringing work;
- identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content;
- your name, address, daytime phone number, and email address, if available;
- a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
- a statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
- your electronic or physical signature.
The communications between you and Idaho PTECH via the Site use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Changes, Suspension, and Discontinue
Idaho PTECH reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any features or portion of the Site (including any Content) at any time. You agree that Idaho PTECH will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Idaho PTECH also reserves the right to deny access to the Site or to any features or portions of the Site and to suspend or terminate your account on the Site, at any time and for any reason, including if, in our opinion, you have violated any provision of these Terms. In the event we suspend or terminate your access to the Site or your account, you will continue to be bound by these Terms that were in effect as of the date of such suspension or termination.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IDAHO PTECH NOR ANY PERSON OR ENTITY ASSOCIATED WITH IDAHO PTECH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER IDAHO PTECH NOR ANYONE ASSOCIATED WITH IDAHO PTECH REPRESENTS OR WARRANTS THAT THE SITE, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE THE CONTENT, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IDAHO PTECH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL IDAHO PTECH, ITS AFFILIATES, OR THEIR OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES AND INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITE, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK.
You agree to indemnify, defend, and hold Idaho PTECH, its affiliates, and their owners, managers, officers, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site, the Content, or any services or items obtained through the Site or your violation of these Terms. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site and these Terms.
Links to Other Websites
Idaho PTECH’s principal place of business is located in the State of Idaho in the United States. We make no claims that the Site (including the Content) is accessible or appropriate outside of the United States. Access to and use of the Site, the Content, or any services or items obtained through the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law, Jurisdiction, and Venue
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes, or claims) shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site (including any Content), or our products shall be instituted exclusively in the federal or state courts located in Bonner or Ada Counties, Idaho. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
Changes to These Terms
We reserve the right to make changes to the Site and these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
If you have any questions about the Site or these Terms, please email us at firstname.lastname@example.org or write to us at:
Attn: Director of Youth Engagement
1323 Hwy 2, Suite 303
Sandpoint, Idaho 83864