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Terms of Use

TERMS OF USE

READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE

The "Idaho Mountain Express is owned by Express Publishing, Inc., an Idaho corporation. The Idaho Mountain Express and Express Publishing, Inc. are individually and collectively referred to as “Express” or “we” or “us”. The Express welcomes you to its websites, including “mtexpress.com”, “svguide.com”, “sunvalley-realestate.com”, and “sunvalleyidcentral.com” (individually and collectively referred to as the “Website”). Also, the Express welcomes your comments on its articles, editorials and blog discussions, and your participation in what we at the Express hope will be a constructive and lively community forum.

These Terms of Use (the “Terms of Use”) govern your access to and use of the Website.

BY ACCESSING AND USING THE WEBSITE YOU ARE IRREVOCABLY AGREEING TO COMPLY WITH AND BE BOUND BY ALL OF THE TERMS, CONDITIONS, OBLIGATIONS AND PROVISIONS OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, AND YOU MUST IMMEDIATELY EXIT THE WEBSITE.

Prior to using the Website or making any comment or placing any material on the Website you must read and understand the full text of the Terms of Use. We reserve the right to update, change, modify or eliminate the Terms of Use, or any portion thereof, at any time, without prior notice, by posting the revised version of the Terms of Use behind the link marked "Terms of Use." These changes will be effective as of the date we post the revised version of the Terms of Use on the Website. Your continued use of the Website after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. It is your responsibility to review the Terms of Use prior to each time you use the Website.

Anyone with a complaint about any content on the Website shall immediately contact the Express through the Website email address "complaints@mtexpress.com".

 

1. Ownership of the Website and its Content

The Website and all of the text, classified and other advertising, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Website, including, but not limited to, content submitted by users of the Website (collectively "Content") are protected under the Terms of Use and by applicable copyright, trademark and other intellectual property and other laws (collectively “Intellectual Property Rights”). All Content and Intellectual Property Rights therein are the property of the Express or are material included with the permission of the owner of the Intellectual Property Rights. Except as otherwise expressly provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Express.

2. Limited license to use the Website

The Express grants to you a nonexclusive, nontransferable, revocable limited license to view, download, email and print the Content solely for your own personal, noncommercial informational purposes in accordance with the Terms of Use provided you maintain all copyright and other notices contained therein. The reproduction, copying, storage or distribution of the Content, or any portion thereof, for any other purpose, including, but not limited to, any commercial purpose is strictly prohibited without the prior written permission of the Express. Among other limitations, this license does not include any collection, aggregation, copying, duplication, display or derivative use of the Contents or any data mining or collection for any purpose not expressly permitted as stated above.

3.  General Use Restrictions

You agree not to use automated means, including, but not limited to, robots, spiders, crawlers, data mining tools, or the like to download data from the Website unless expressly permitted to do so in writing by the Express.

You agree not to gain unauthorized access to the Express’s computer systems or impair the functioning or use thereof.

You agree to use the Website in a manner consistent with any and all applicable laws, rules and regulations, federal, state and local, and with the Terms of Use.

You agree not to upload to or transmit through the Website any computer viruses, Trojan horses, worms, other computer codes or anything else designed to interfere with, interrupt, disrupt or damage the normal operating procedures or functioning of a computer, computer network or website.

You agree to report any violation of the Terms of Use or any copyright or trademark violation to the Express as soon as you become aware of it.

4. User Generated Content

You shall not post, upload to, or distribute or otherwise display or publish (collectively “Post”) on the Website any comment, text or other material, which does not comply with the Terms of Use. 

By submitting comments or otherwise Posting material on the "Website" you understand and agree to each of the following terms and conditions:

1. You are fully and solely responsible for the content of what you Post on the Website.

a. You will not Post any material which violates any copyright, trademark or any other federal, state, local or international law regarding intellectual property rights, and if you unknowingly Post any such material you will immediately remove same upon learning that it violates this rule.

b. You will not Post any material that is libelous, obscene, abusive, defamatory, invades the privacy of another person, violates anyone’s right of publicity or violates any local, state, federal or international law.

c. You will not Post any racial slurs, epithets, hate speech or any other material which humiliates, degrades or criticizes anyone based upon their race, creed, color, national origin, gender, disability, sexual preference or other inappropriate classification.

d. You will not Post any personal attacks or material which threatens physical violence to others or which incites such violence.

2. You will not Post any unsigned comment or text. Any unsigned comment may be removed. Additionally, the Express may attempt to block from the Website any user who violates any of the Terms of Use.    

3. You will not Post any material that does not relate to the article or editorial or blog upon which you are commenting.

4. You will Post only written text. No graphics, photographs or other non-text material will be Posted by you.

5. You will not Post any advertisement, solicitation or other commercial content on the Website.

6. By permitting the Posting of content on the Website, the Express is not sponsoring or endorsing the content or vouching for the veracity, accuracy, reliability or credibility thereof.

7. You acknowledge and agree that any submission you make may be removed, edited, modified, published, transmitted, and displayed by the Express in any form and you waive any right you may have in having the material edited, altered or changed by the Express in a manner not agreeable to you. 

8. You hereby irrevocably grant to the Express the exclusive, royalty-free, world-wide, perpetual license and right to use, publish, reproduce, alter, edit, transmit, create derivative work from, distribute, perform, and display such content, in whole or in part, in any form, media or technology current or later developed. Also, the Express shall have the right to fully sub-license the rights granted hereby.

9. You will indemnify, hold harmless and defend the Express, its shareholders, officers, employees, agents and licensees from any and all loss, injury, liability, damage or claim of any kind whatsoever, including, but not limited to,, reasonable costs and attorney fees, resulting from, arising out of or in any way related to anything (text, photos, etc.) that you  Post on the Website. This obligation is in addition to the obligations set forth in Section 12 of the Terms of Use.

 10. You understand and agree that the Express does not moderate or monitor the Website for content that violates the Terms of Use or that is otherwise inappropriate. The Express is not responsible for the content or material posted by anyone on the Website. However, the Express does reserve the right, but not the obligation, in its sole discretion, to monitor, remove or alter any material Posted on the Website which in the Express's sole discretion violates the Terms of Use or which it determines is otherwise inappropriate for any reason whatsoever. Also, the Express reserves the right, in its sole discretion, to remove a user's privilege to Post content on the Website and to take steps to block such a user's access to the Website.

11. Anyone with a complaint about any content on the Website shall immediately contact the Express through the Website email address "complaints@mtexpress.com"

5. Copyright Infringement
The Express, in its sole discretion, has the absolute right and may terminate use of the Website by anyone it believes to be infringing on copyright restrictions or violating any of the Terms of Use.

6. Digital Millennium Copyright Act (“DMCA”)

Notice and Takedown Procedures

The Express respects the copyrights of others and requires those using the Website to do the same. In accordance with the federal DMCA (17 USC §512), the Express will respond to notices of alleged infringement that comply with the DMCA and other applicable laws that are properly reported to our Designated Copyright Agent identified below.  As part of our response, to the extent and under the procedures permitted by the DMCA, the Express may remove or disable access to material residing on the Website that is claimed to be infringing, in which case the Express will make a good-faith attempt to contact the person or entity who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with the DMCA, and do not constitute legal advice. You acknowledge that if you fail to comply with the requirements of this section and the DMCA, your DMCA notice may not be valid.

 A. Notice of Infringing Material

If you, in good faith, believe that the Express or any contributor or user of the Website has violated or infringed upon your copyright, please notify our Copyright Agent by filing a written notice of infringing material that must contain the following details:
1. Information reasonably sufficient  to enable the Express to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, or copyright registration number);
2. An identification of the material on the Website in reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
3. Your contact information: your address, telephone number, email address;
4. A statement by you that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your signature.
Then send this notice to:
:

By Mail:

Express Publishing, Inc.

DMCA Agent: Pam Morris, Publisher
                                P.O. Box 1013
                                Ketchum, ID 83340

By Fax:
                                                Express Publishing, Inc.

                                                DMCA Agent: Pam Morris, Publisher
                                1- 208-726-2329

B. Counter-notification


If material that you have posted to a Website owned by the Express has been taken down by the Express, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as the result of a mistake or misidentification of the material in question;
3. Your contact information: name, address, telephone number, and email address;
4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for the District of Idaho, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
5. Your signature.
Then send this notice to:

By-Mail:

                Express Publishing, Inc.

                DMCA Agent: Pam Morris, Publisher
                                                P.O. Box 1013
                                                Ketchum, ID 83340

By Fax:
                                                Express Publishing, Inc.

                                                DMCA Agent: Pam Morris, Publisher
                                1-208-726-2329

 

Any notification or counter-notification that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Express actual knowledge of facts or circumstances from which infringing material or acts are evident.

 

7. Privacy Policy

By agreeing to these Terms of Service, you are also agreeing to be bound by the Express’s Privacy Policy which can be viewed at (LINK), which is expressly incorporated herein by reference. Before using this Website you must carefully review our Privacy Policy.  All personal data provided to us as a result of your using the Website will be handled by the Express in accordance with this Privacy Policy. If you do not agree with the terms of the Privacy Policy, do not use the Website and exit immediately.

 

8. Trademarks/Trade Dress

The Express names and logos, all product and service names, all page headers, all custom graphics, all icons, all buttons, and all trademarks, trade dress, service marks and logos appearing on the Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of the Express, and you are not authorized to and you are prohibited from displaying or using any of them in any manner without the prior written permission of the Express. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on the Website without the prior written permission of such owners.

9. Links to Other Sites

The Website provides links to other websites operated by third parties. Because we have no control over third-party web sites, we are not responsible for the availability of those web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The Express shall not be responsible or liable, directly or indirectly, for any damage, injury or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such web sites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such web sites.

10. Access to the Website

You are permitted to display on your website or create on your website a link to the Website as long as it is solely for your personal noncommercial use. However, if the total number of such postings displayed or linked to or on your website exceeds twenty 20-, your use of the Website may and will be conclusively presumed by the Express to be in breach of the Terms of Use.

11. Right to Change or Discontinue the Website

We reserve the right at any time and from time-to-time to change, delete, suspend or discontinue, temporarily or permanently, the Website (or any portion thereof) and/or the information, materials, products and/or services available through the Website (or any part thereof) without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website. Furthermore, the Express reserves the right at anytime to charge fee(s) for access to the Website or any portion thereof.

You agree that the Express, in its sole discretion, has the right, but not the obligation, to block, suspend or otherwise prevent your access to the Website, immediately and without notice, at anytime and for any reason, including, but not limited to, if you have not acted in accordance with the Terms of Use. Upon such an event, you agree not to attempt to access or use the Website again.

12.  Indemnification

 You agree to indemnify, hold harmless and defend the Express, its shareholders, officers, employees, agents, and licensees from any and all losses, injuries, liabilities, damages, and claims, including, but not limited to, reasonable costs and attorney fees, arising out of or resulting from or in any way related to your use of the Website or your breach of the Terms of Use.

13. Remedies and Liquidated Damages

For a breach or violation of any of the Terms of Use, you agree that the Express shall be entitled to all remedies and damages at law and in equity, and the same shall be cumulative.

You agree that because the damages to the Express that will result from a breach of the Terms of Use are difficult to quantify, that if you aggregate, display, copy, duplicate, reproduce or otherwise use any of the Content (except your user generated content) for other than your personal, noncommercial use you shall pay to the Express the sum of $300.00, as liquidated damages and not a penalty, for each separate item of Content used in breach of the Terms of Use and, in addition thereto, you shall pay to the Express the sum of $1,000.00, as liquidated damages and not a penalty, for each day on which you engage in such conduct, except for advertising Content. For advertising Content you agree to pay the Express, as liquidated damages not as a penalty, the sum of $35.00 for each individual classified advertisement listing for each day, or any portion thereof, that you display or otherwise use such item of classified advertising in breach of the Terms of Use, and for all other advertising you use in breach of the Terms of Use you agree to pay the Express, as liquidated damages and not as a penalty, the amount charged for such advertising on the then current Express advertising rate card for that advertising for each day, or portion thereof, the you display or otherwise use such advertising in breach of the Terms of Use.

In the event of any breach or violation of the Terms of Use, you agree that monetary damages alone will not be sufficient to prevent irreparable injury to the Express. Therefore, in addition to all other rights and remedies at law or in equity, the Express shall be entitled to the remedy of specific performance of any term, obligation or condition of the Terms of Use, or injunctive relief to prevent or remedy a breach or violation of the Terms of Use.

14. DISCLAIMERS

THE EXPRESS MAKES NO REPRESENTATION OR WARRANTY, WHATSOEVER, WITH RESPECT TO THE WEBSITE OR ITS CONTENT OR ITS USE, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR THROUGH THE WEBSITE. THE WEBSITE AND ALL OF ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND. WHATSOEVER.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SUITABILITY OF THE CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE FOR ANY PURPOSE WHATSOEVER, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE EXPRESS DISCLAIMS ANY AND ALL RESPONSIBILTY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO  (A) THE CONTENTS OR OTHER INFORMATION ON THE WEBSITE, OR ON ANY WEBSITE WITH WHICH IT IS LINKED, (B) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF OR LINK THEREFROM, (C) YOUR USE OF THE WEBSITE OR THE CONTENT AND (D) ANY VIRUS OR OTHER HARMFUL COMPONENTS OR OTHER PROBLEMS THAT MAY ARISE BECAUSE OF YOUR ACCESSING OR USING THE WEBSITE OR ANY OF ITS CONTENT. YOU ACCESS AND USE THE WEBSITE SOLELY AT YOUR OWN RISK. THE EXPRESS DOES NOT WARRANT THAT THE WEBSITE AND ITS CONTENT WILL FUNCTION PROPERLY IN COMBINATION WITH YOUR EQUIPMENT.  THE EXPRESS WILL NOT PROVIDE ANY TECHNICAL OR OTHER SUPPORT IN CONNECTION WITH YOUR USE OF THE WEBSITE.

THE EXPRESS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT, INFORMATION OR DATA ON THE WEBSITE. THE EXPRESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, OPINION AND OTHER CONTENT POSTED BY ANYONE ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, USER-GENERATED CONTENT, ADVERTISING, AND LINKS.

THE EXPRESS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA THAT YOU ACCEPT.

15. LIMITATION OF LIABILITY

BY YOUR ACCESS AND USE OF THE WEBSITE, YOU AGREE TO WAIVE ANY AND ALL CLAIMS FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR ACCESS OR USE OF THE WEBSITE OR ANY OF ITS CONTENT.

WITHOUT LIMITING THE FOREGOING, THE EXPRESS IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER-GENERATED CONTENT AS WE DO NOT CONTROL OR MONITOR AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND WITHOUT LIMITING THE FOREGOING, THE EXPRESS, ON BEHALF OF ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR, AND YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE EXPRESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS BE LIABLE FOR, ANY DAMAGES, INJURIES, LOSSES AND/OR EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES, DAMAGES, AND EXPENSES OF ANY KIND OR CHARACTER WHATSOEVER ( EVEN IF THE EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES , INJURIES, LOSSES OR EXPENSES) ARISING OUT OR, RELATED TO  OR IN ANY WAY CONNECTED WITH ACCESSING, USE OF, OR THE INABILITY TO USE THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR  THE CONTENT OR ANY MERCHANDISE OR OTHER THING AVAILABLE ON THE WEBSITE.

YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AND PROTECTION AS YOU CONSIDER NECESSARY.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

TO THE EXTENT THAT ANY PART OF THIS LIMITATION ON LIABILITY IS PROHIBITED BY LAW OR FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL AGGREGATE LIABILITY OF THE EXPRESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS TO YOU FOR DAMAGES, INJURIES, LOSSES, CLAIMS, AND EXPENSES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

16. Choice of Law and Forum.

You agree that the Terms of Use shall be construed and governed by the laws of the state of Idaho without reference to its laws regarding conflict of laws. You agree that the district court of the state of Idaho, in and for the County of Blaine, and the federal court for the District of Idaho, shall have exclusive jurisdiction with regard to any dispute, action or proceeding arising out of or with regard to the Terms of Use, and you hereby irrevocably consent to said jurisdiction and venue.

17. Attorney Fees.

In the event of litigation, including appeals, regarding the breach, enforcement, interpretation or otherwise relating to the Terms of Use, if the Express is the prevailing party in such litigation you agree to pay the Express its reasonable attorney fees and costs incurred in such action. 

18. General Provisions.

All covenants and agreements set forth in the Terms of Use shall survive termination of this Agreement.

These Terms of Use is the final and entire agreement between the parties. No agreement or representation, oral or otherwise, is binding unless expressly set forth herein. The Terms of Use may only be changed or modified as expressly set forth in the Terms of Use.

The paragraph captions are for convenience only and shall not be considered in construing or interpreting this Agreement.

The terms herein are used without regard to the number or gender of the persons constituting such parties.

The Express's failure to insist on upon strict performance by you or anyone else of any term, obligation, condition or provision of the Terms of Use shall not result in the waiver, loss or estoppel of the Express's right to require full performance thereof  in the future.

In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, the remaining provisions hereunder shall remain in full force and effect.

The Terms of Use are not intended to create or confer, and shall not create or confer any third party beneficiary rights.

End of Terms of Use

Effective April 6, 2012

 

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