Last Modified: 3/16/17
Use of Website
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.
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.
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.
Links, Social Media Features, and Widgets
Modification of Site Policies
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.
Entire Agreement and Headings
How to Contact Us