Terms of Use
Last Modified: 3/16/17
General
Thank you for visiting the website of Avid Hawk LLC. The terms “we,” “our,” and “us” refer to Avid Hawk LLC, and the terms “you” or “your” refer to any individuals who access this website. By using this website, you agree and consent to be bound by these Terms of Use.
Use of Website
Our website is not directed towards children. If you are using this website, you are confirming that you are 18 years of age or older, or are over 13 years of age and using the website with the consent and supervision of your parent or guardian, and that you explicitly agree and consent to our Terms of Use and our Privacy Policy.
We reserve the right to refuse you access to this website or any of our resources or suspend your access at any time for any reason in our sole discretion. If we become aware that you have been using the website in an unauthorized way, we may block or suspend your access to the website and may pursue any and all legal claims against you for such unauthorized use.
You agree to indemnify and hold us harmless from any liability, loss, claim and expense including attorney’s fees, related to your violation of these Terms of Use or your use of the services, products, or information made available through the website.
Unauthorized Use
The following uses of the website are unauthorized:
Gathering, monitoring, or copying any content on this website by using any crawler, spyware, engine, robot, “bot,” spider, device, extraction tool, software, or any other utility, automatic device, or manual process of any kind without our express permission.
Attempting to circumvent website security in any way, hacking or attempting to breach any part of the website, including the content management system and source code, and/or posting any unauthorized material to the pages of the website or the databases that power it.
Uploading or submitting any data or information containing viruses, trojans, worms, malware, or any other computer code, corrupt file, or program designed to interfere with this website or its use, or the use of any software, hardware, networks, servers or other equipment.
Submitting any content in such a volume as to disrupt use of this website or submitting any text or files that may interfere with the performance of this website in any way.
Attempting to use this website for any purposes other than those intended by us, as determined in our sole discretion.
Ownership
All materials on our website are owned or licensed for use by Avid Hawk LLC and are protected by intellectual property rights, including copyright and trademark laws. Use of any and all content on the website, including but not limited to text, images, graphics, designs, and logos, is only allowed for personal informational viewing purposes, and any distribution, reproduction, or duplication (regardless of means of distribution) of website content is strictly prohibited unless you have received our prior written approval. Any modification or use of the content of our website, other than as expressly provided for within this Terms of Use violates our intellectual property rights.
Website Modifications
We reserve the right to modify or terminate this website or any service available on our website, any link, platform, widget or feature used by our website, and your access to our website, in whole or in part, at any time whatsoever.
Liability Waiver & Indemnification
Although we do our best to ensure the optimal performance of our website, any and all material contained on this website is relied upon at your own risk and is presented “as is.” No warranties of any kind, whether express, statutory, or implied, are provided for our website or its content. We do not warrant that our website or its content is free from error, that use of our website will be free from interruptions, that our website is free from defects, including viruses or malware, or that our site will not be compromised by a cyberattack, hack, or other similar event.
except where the law requires a different standard, You both acknowledge and consent that neither Avid Hawk LLC nor its owners, officers, members, managers, agents, third party providers, or employees are liable to you in any way for your use of this website including for errors or omissions, delays, interruptions, defects, viruses, worms, trojans, malware, and malicious code, insufficient or incomplete content, missing or deleted content, or damages, loss, injury to person, property or body, or any other kind of loss or damage whatsoever, to you or any third party, including to a computer network, and specifically including direct, special, consequential, incidental and punitive damages arising from your use of this website. in the case that any part of this liability waiver is not upheld, including BUT NOT LIMITED TO where state law limits liability waivers for incidental or consequential damages, liability for avid hawk llc will be limited TO the maximum amount permitted by APPLICABLE law.
by using this website You expressly consent to and agree that use of this website is at your own risk AND THAT YOU with full knowledge AGREE AND CONSENT TO THIS LIABILITY WAIVER in whole, and that you hereby agree to idemnify and hold us and our owners, officers, members, managers, agents, third party providers, and employees harmless against any and all liability and every loss, cost, claim, demand, cause of action and expense (including, without limitation, the cost of investigating any claim, the cost of litigation and attorney’s fees, whether or not legal proceedings are instituted) paid or incurred by one or more of them arising from, attributable to, or in conntection with your access to or use of this website, its content, or any information or services provided through or on this website. you further agree to idemnify and hold us and our owners, officers, members, managers, agents, third party providers, and employees harmless from and against any and all liability and every loss, cost, claim, demand, cause of action and expense arising out of any act or omission by you in violation of these terms of use or any federal, state, or local law or regulation.
Privacy
Use of our website is also governed by our privacy policy. Please review our privacy policy for more information on what information we collect from our website and how it is used, which includes our Children’s Online Privacy Protection Act disclosure.
Links, Social Media Features, and Widgets
Our website may provide links to other websites for the convenience of our website users. Our website may also make use of social media features and widgets that are hosted by a third party or hosted directly on our website. Your interactions with any social media feature, widget, or link are governed by the terms of use of the third party providing the social media feature or widget. The terms of use of third parties may be substantially different than these Terms of Use, and any use of the social media feature, widget, or link are guided by the terms of use of these third parties. We neither own nor control third party websites, social media features, or widgets that are accessible through this website. Therefore, before visiting the website of a third party, or making use of a third party feature on our website, whether by means of a social media feature, widget, or otherwise, you should first consult that third party’s terms of use (if any) and inform yourself of the terms and restrictions of use (if any) detailed by that third party.
Modification of Site Policies
We reserve the right to make changes to our site policies at any time without advance notice, including, without limitation to these Terms of Use and our privacy policy. We encourage you to continue to review these Terms of Use each time before using our website, as your continued use will be strictly subject to the then-current Terms of Use. Each time content of our privacy policy or Terms of Use changes, we will update the last modified date.
Disputes, Governing Law, & Venue
This website, and your use of this website, is governed by the laws of South Dakota, and any disputes about this website shall be exclusively venued in Minnehaha County, South Dakota subject to South Dakota law without regard to conflict of law principles. By using this website, you consent to be subject to South Dakota law and subject to the jurisdiction and venue of the Minnehaha County Circuit Court. All notices and correspondence about any legal dispute involving this website shall be sent to Avid Hawk LLC via USPS certified mail to PO Box 470, De Smet, South Dakota, 57231.
Enforceability
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason whatsoever, that provision shall be severed and the rest of these Terms shall remain valid and in full force and effect, and a provision as similar in terms as may be valid and enforceable shall be used in lieu of such provision. Our failure to exercise or enforce any right or provisions of these Terms of Use shall not constitute a waiver of such right or provision.
Entire Agreement and Headings
These Terms of Use reflect the entire agreement between you and us about access to this website or use of our website and supersede and replace all prior understandings or agreements of any type regarding this subject matter. Notwithstanding the foregoing, any additional terms and conditions provided with any service or product you obtain through the website will also govern your use of that service or product. The headings in this agreement are provided solely for your convenience and have no legal or contractual effect.
How to Contact Us
If you have any questions about this Terms of Use, or if you want to opt out of any future communications, from us, please email support@avidhawk.com.