Website Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE (THIS “SITE”). BY ACCESSING OR USING THIS SITE, YOU (THE “USER”), AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE. NORTHLAND COMMUNICATIONS CORPORATION AND ITS AFFILIATES DBA NORTHLAND COMMUNICATIONS (COLLECTIVELY “NORTHLAND”), MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON THEIR POSTING ON THIS SITE. YOU AGREE TO REVIEW THESE TERMS OF USE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THIS SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED TERMS OF USE.

1. User’s Access to this Site. This Site was created to provide you with information regarding Northland’s products and services. This Site is subject to change without notice. You are granted a limited license to access this Site for the sole purpose of viewing information intentionally made available by Northland on this Site. You acknowledge that this Site and all information contained on it are the sole and exclusive property of Northland. You may not use this Site in any manner that you know or have reason to believe could damage, disable, overburden, or impair this Site or interfere with any other user’s use of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use to you through this Site.

2. Rights in Work. Title to and ownership of all information, products or services contained on this Site, including, but not limited to, business processes and business process systems, software, software documentation and Northland trademarks (collectively referred to as “Work(s)”) and all proprietary rights therein shall at all times remain the sole property of Northland and are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the words, logos or other images incorporated by Northland on this Site are also protected as registered or unregistered trademarks, trade names and/or servicemarks owned by Northland, including, but not limited to, “NORTHLAND COMMUNICATIONS,” “NORTHLAND CABLE TELEVISION,” “NORTHLAND EXPRESS,” “TURBO POWER” and “NORTHLAND SOLUTIONS.” No license or other right is hereby transferred or granted to User, including any license by implication, estoppel or otherwise, under any patent, trade secret, trademark or copyright. You agree to grant to Northland a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works from, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) for any and all ideas, material, information and communication you submit to any public areas of this Site (such as bulletin boards, forums and newsgroups) or by e-mail to Northland by all means and in any media now known or hereafter developed. You also grant to Northland the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Northland for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Northland. If you believe that content appearing on this Site constitutes copyright infringement of another party’s rights, please follow the instructions on our “Copyrights and Copyright Agent” webpage.

3. Third Party Trademarks. This Site may include the marks of third parties. Any names on this Site not claimed by Northland are the exclusive trademarks or servicemarks of their respective owners.

4. Copies of Company Work. Unless otherwise previously agreed to in writing signed by Northland, User may not copy, reproduce, or otherwise replicate in any form, any Work. All copies of the Work are the property of Northland. To the extent replication is allowed under these Website Terms of Use, User shall reproduce and include any copyright, trademark and/or other proprietary notices in a prescribed form on all copies of the Work.

5. Termination/Access Restriction. Northland reserves the right, in its sole discretion, to terminate your access to this Site or any portion thereof at any time, without notice to any User who violates these Website Terms of Use.

6. Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES includeD IN OR AVAILABLE THROUGH THIS SITE MAY include INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NORTHLAND MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE AT ANY TIME. NORTHLAND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE. ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS AND YOUR PARTICIPATION WITH THIRD PARTIES FOUND THROUGH THIS SITE ARE PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND. NORTHLAND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL NORTHLAND BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR LOSS OF DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NORTHLAND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

7. Links. This Site or third parties may provide links to non-Northland sites or resources. You acknowledge that Northland has no control over such sites and resources and that Northland is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Northland shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. No Modification. User agrees that it shall not modify, reverse engineer, decompile, create other works from or disassemble any software programs contained in the Work.

9. Severability. If one or more provisions of these Website Terms of Use are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (a) such provision shall be excluded from these Website Terms of Use, (b) the balance of these Website Terms of Use shall be interpreted as if such provision were so excluded, and (c) the balance of these Website Terms of Use shall be enforceable in accordance with their terms.

10. Governing Law; Jurisdiction. These Website Terms of Use and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Washington, without giving effect to principles of conflicts of law. Each of the parties hereto consents to the exclusive jurisdiction and venue of the courts of King County, Washington.

11. Remedies; Indemnification. Northland and User each agree that the obligations of User set forth in these Website Terms of Use are necessary and reasonable in order to protect Northland and its business. Northland and User each expressly agree that due to the unique nature of Northland’s Work, monetary damages would be inadequate to compensate Northland for any breach by User of its covenants and agreements set forth in these Website Terms of Use. Accordingly, Northland and User each agree and acknowledge that any such violation or threatened violation shall cause irreparable injury to Northland and that, in addition to any other remedies that may be available in law, in equity or otherwise, Northland shall be entitled to (a) obtain injunctive relief against the threatened breach of these Website Terms of Use or the continuation of any such breach by User, without the necessity of proving actual damages, and (b) be indemnified by User from any loss or harm, including, but not limited to, attorney’s fees, arising out of or in connection with any breach or enforcement of User's obligations under these Website Terms of Use or the unauthorized use or disclosure of Northland’s Work.

12. Amendment and Waiver. Company reserves the right to change the terms, conditions and notices under which access to this Site is offered. You are responsible for regularly reviewing these Website Terms of Use. Northland’s failure to enforce any provision of these Website Terms of Use shall not constitute a waiver of any term hereof.