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Terms & Conditions

STATEMENT OF TERMS AND CONDITIONS-USER AGREEMENT

Agreement between User and Bois Forte Band of Chippewa
This website (nettlakewildrice.com) is comprised of various web pages. The Bois Forte Wild Rice Sales Web Site (“Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your upload and views of the Site constitutes your agreement with all terms, conditions and notices provided therein. Your use of a particular Bois Forte web-page within the Site may also be subject to additional terms outlined elsewhere on that website.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WILD RICE SALES WEBSITE (“Site”): By accessing and using this Site, you agree to the terms of use, conditions and all applicable laws. If you do not agree to these terms, you may not use this Site.

MODIFICATION OF THESE TERMS OF USE.

The Bois Forte Band of Chippewa reserves the right to change the terms, conditions and notices under which the Site is offered, including but not limited to the changes associated with the use of the Site. You are responsible for regularly reviewing these terms and conditions.

USE OF SITE: PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Site is for your personal and non-commercial use.
YOU MAY NOT modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell information, software, products or services obtained from the Site.
YOU MAY display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Bois Forte for purchase of Bois Forte products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of the Bois Forte band of Chippewa is strictly prohibited.

Harassment in any manner or form on the Site including via emails or by obscene or abusive language is strictly forbidden. Impersonation of others, including the Bois Forte employee, host or representative or other members or visitors on the Site is prohibited. You may not upload to distribute, or otherwise publish, through this Site, any content which is libelous, defamatory, obscene, threatening, invasive of privacy, or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate the law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

COPYRIGHTS AND TRADEMARKS.

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Bois Forte Band of Chippewa. The collective work includes all works that are licensed to Bois Forte. Copyright 2004. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively “the Marks”) are trademarks or registered trademarks of and are proprietary to Bois Forte.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to the websites’ designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Bois Forte asks our users and visitors to respect our intellectual property rights. Bois Forte will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Bois Forte will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Bois Forte and provide the following information. To be effective, notification must include ALL of the following:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located within the Site;
4. your address, telephone number, and email address sufficient for Bois Forte to contact you;
5. a statement by you that you have good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claimed copyright infringement should be directed to:

By Mail:          Bois Forte Band of Chippewa
                        Department of Natural Resources, Wild Rice Sales
                        5344 Lakeshore Drive
                        Nett Lake, Minnesota 55772

By Fax:           (218) 757-3607

By Email:        wildricesales@boisforte-nsn.gov
                        (Please include “notice of infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BOIS FORTE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

TYPOGRAPHICAL ERRORS.

In the event a Bois Forte product or service is listed at an incorrect price due to typographical error, Bois Forte shall maintain the right to refuse or cancel any orders placed for product listed at the incorrect price. Bois Forte shall maintain the right to refuse or cancel any such orders whether or not the order has been confirmed and a credit card charged. If a credit card has already been charged for purchases and, due to incorrect price, the order is subsequently cancelled, Bois Forte shall refund the charges to the account charged in the amount of the incorrect price.

TERMS: SALES FOR FOOD ITEMS.

For health and safety reasons, Bois Forte cannot accept returns of food items purchased from Bois Forte through its Site and shipped to destination. All sales of food items made through the Bois Forte Site are considered final, and refunds of money paid for food items cannot be reimbursed. Damages incurred to food packages due to shipping mishap should be reported by the buyer directly to the transportation agent, (the US Postal Service or UPS). The buyer should purchase relevant shipping insurance for the product directly from the shipping agent at time of sale. Bois Forte will not reimburse the buyer for food items that arrive at destination in damaged condition, or for items shipped but lost in transit.

TERM: TERMINATION.

These terms and conditions are applicable to you upon accessing the Site, and when completing registration and shopping processes. These terms and conditions may be modified or terminated by Bois Forte without notice, at any time, for any reason. Provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

USER PARTICIPATION.

Bois Forte does not and cannot review all communications and materials that are posted or created by users accessing the Site, and is not in any manner responsible for the content of these communications. Bois Forte does not filter advertisement or other sensitive and/or inappropriate content that children might access and view through our Site or through other “hot-linked” sites. We encourage parents and guardians to consider using electronic filtering software to alleviate such instances of inappropriate material communications.

THIS SITE AND THE MATERIALS, PRODUCTS AND INFORMATION IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BOIS FORTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BOIS FORTE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOIS FORTE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY.

IN NO EVENT WILL BOIS FORTE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BOIS FORTE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION OR PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF ANY IMPLIED WARRANTY OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

INDEMNIFICATION.

You agree to indemnify, hold harmless and defend Bois Forte, its officers, directors, managers, employees, agents, and licensors from and against all loss of expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your internet account.

APPLICABLE LAWS.

Your use of this site is governed in all respects by the laws of the Bois Forte Band of Lake Superior Chippewa Indians and, insofar as the laws of the State of Minnesota do not conflict with those laws, then with the laws of that State, without regard to choice of law provisions; your use of this site shall not be governed by the 1980 U.N. Convention on contracts for the international sales of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Bois Forte products) shall be in the courts of the Bois Forte Band of Lake Superior Chippewa Indians in Minnesota. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Bois Forte products) must be commenced within one (1) year after the claim or cause of action arises. Bois Forte’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Bois Forte may assign the rights and duties under this Agreement to another party at any time without notice to you.

ARBITRATION.

By using this Site, you agree that Bois Forte, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning, or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly-arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of Bois Forte as set forth in the previous section. Any award in arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

 

GENERAL.

Bois Forte reserves rights to revise these Terms at any time by updating the posting. Please visit this site periodically to review the then-current Terms because these are binding on you. Certain provisions of these Terms may be superceded by expressly designated legal notices or terms located on particular pages at this Site.

 

Bois Forte Band of Chippewa
 

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