The following terms and conditions govern all use of the South Dakota Live website (the “Website”) and all services, content and digital products available at or through the Website for purchase (the “Digital Products”). The Website is owned and operated by Forum Communications Company, a North Dakota corporation (“FCC”). Use of the Website, Digital Products, and services are made available to you subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on the Website by FCC (collectively, this “Agreement”).

Please read this Agreement carefully before accessing or using the Website, Digital Products, or services. By accessing or using any part of the Website, you acknowledge and agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If the terms and conditions of this Agreement are considered an offer, then acceptance is expressly limited to these terms.

The Website, Digital Products, and services are not for use by any individuals who are less than 18 years old. Use of the Website shall constitute confirmation that you are a person that is 18 years of age or older. Pursuant to 47 U.S.C., Section 230 et seq. as amended (to the extent applicable), you are hereby notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors; information identifying current providers of such protections is available from Common Sense (https://www.commonsensemedia.org) and OnGuard Online (http://onguardonline.gov/); provided, FCC does not endorse any of the products or services identified on such sites.

The Website is provided for your personal use only. The news, information, and other material on the Website is copyrighted by FCC of Fargo, North Dakota, or by other information providers who have licensed their content for electronic publication by FCC. Users may not reproduce, republish, or redistribute material on this Website in any form without express written consent of FCC or of the copyright holder, if the copyright holder is not FCC. Any comments posted on this Website may be placed in the newspaper.

Full payment for purchases of Digital Products from the Website are due at the time of purchase, and are non-refundable except as otherwise provided in this Agreement. Payments shall be made via credit card or debit card accepted by the Website. If FCC is unable to process your payment electronically at the time of purchase, or you fail to timely respond to any further requests, questions or notifications emailed or otherwise communicated to you by FCC, your account activity may be suspended or terminated.

EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. If you cancel your subscription, you are not entitled to receive any refund or credits for the time remaining in your Billing Periods, and you will continue to have access to your subscription until the end of your current Billing Period (unless we provide you with a refund or credit).

FCC has not reviewed, cannot review and has no control over, any of the material (including without limitation text, graphics, audio files, video files and/or computer software) made available through the websites and webpages to or from which the Website links. FCC does not have any control over those non-FCC websites and webpages, and is not responsible for their contents or their use. By the Website linking to or from a non-FCC website or webpage, FCC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FCC disclaims any responsibility for any harm resulting from your use of non-FCC websites and webpages. Neither FCC any of its information providers shall be liable in any way to you or other parties for delays, inaccuracies, errors, or omissions in the material published on the Website.

This Agreement does not transfer from FCC to you any intellectual property (including but not limited to copyrights, patents, trademarks or trade secret rights) of FCC or of any third party, and all right, title and interest in and to such intellectual property will remain (as between the parties to this Agreement) solely with FCC. FCC, its logo, and all other trademarks, service marks, graphics and logos used in connection with FCC, the Digital Products, or the Website are trademarks or registered trademarks of FCC or FCC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FCC or other third-party trademarks or any other intellectual property.

FCC reserves the right, in its sole and absolute discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following any changes to this Agreement constitutes acceptance of those changes and the then-current version of this Agreement. FCC may also, in the future, offer new Digital Products and/or features through the Website, and such new features and/or services shall be subject to the terms and conditions of this Agreement.

FCC may terminate your access to or use of all or any part of the Website or the Digital Products at any time (including by terminating your user account, blocking your access or otherwise refusing services to you), with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may simply discontinue using the Website. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

THE WEBSITE AND DIGITAL PRODUCTS ARE PROVIDED IN “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS AND VIRTURES” CONDITION, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. FCC AND ITS AFFILLIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FCC NOR ITS AFFILLIATES OR LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE OR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

IN NO EVENT WILL FCC, ITS AFFILLIATES OR LICENSORS BE LIABLE WITH RESPECT TO THE WEBSITE, THE SERVICES OR ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO FCC UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING. FCC, ITS AFFILLIATES AND LICENSORS SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

YOU REPRESENT AND WARRANT THAT (I) YOUR USE OF THE WEBSITE WILL BE IN STRICT ACCORDANCE WITH THIS AGREEMENT AND WITH ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING WITHOUT LIMITATION ANY LAWS OR REGULATIONS APPLICABLE IN YOUR COUNTRY, STATE, CITY, OR OTHER GOVERNMENTAL AREA, REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT, AND INCLUDING ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE) AND (II) YOUR USE OF THE WEBSITE WILL NOT INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FCC, ITS NETWORK PUBLISHERS, CONTRACTORS, AND LICENSORS, AND ALL THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, GOVERNORS, OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OR RELATING TO YOUR USE OF THE WEBSITE AND SERVICES, CONTENT YOU POST OR SUBMIT AT OR THROUGH THE WEBSITE OR SERVICES, AND/OR YOUR VIOLATION OR BREACH OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY OF THIS AGREEMENT.

This Agreement constitutes the entire agreement between FCC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized representative of FCC, or by the posting by FCC of a revised version.

Except to the extent applicable law provides otherwise, this Agreement, and any access to or use of the Website, will be governed by the laws of the state of North Dakota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cass County, North Dakota. By accessing or using any part of the Website, you irrevocably and unconditionally: (a) submit to the jurisdiction of any such court in any suit, action or proceeding arising out of or relating to this Agreement, and/or any access to or use of the Website; (b) to the fullest extent permitted under applicable law, hereby waive (i) any objection you may now or hereafter have to such venue of any suit, action or proceeding and (ii) any defense of an inconvenient forum to the maintenance of such suit, action or proceeding in any such court.

BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR ANY ACCESS TO OR USE OF THE WEBSITE.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The section captions or headings used throughout this Agreement are for convenience only and not to be used in construing or interpreting this Agreement. If any provision of this Agreement is held to be illegal, invalid or unenforceable to any extent, the legality, validity and enforceability of the remainder of this Agreement will not be affected thereby and will remain in full force and effect and may be enforced to the greatest extent permitted by law. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement or your user account to any person or entity; FCC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.