Uniquely Minnesota®
Website Terms of Use
Uniquely Minnesota Website Terms of Use

Uniquely Minnesota® Website Terms of Use


Uniquely Minnesota® Terms of Use

These Terms of Use are an agreement (the “Agreement”) between you (the person using this website, including any business, organization, or other individual on whose behalf you are using this website) and Uniquely Minnesota®. Your use of this site and/or your creation of an account or newsletter/mailing list registration with Uniquely Minnesota® signify your agreement with these terms of use.  If you do not agree you must stop using this website immediately; however, this Agreement will continue to apply as it relates to your prior use and any future actions relating to your prior use.  All terms which by their nature are intended to survive shall survive any termination of this Agreement. Uniquely Minnesota® reserves the right, in its sole discretion, to modify these Terms of Use and our Privacy Policy, at any time and you agree to be bound by such modifications.


Trademarks, Servicemarks, Copyrights & Restrictions

All materials on this site, including, but not limited to text, stories, images, illustrations, audio clips and video clips (the “Materials”) are protected by copyrights that are owned or licensed by Uniquely Minnesota®.  No material from Uniquely Minnesota® (website, newsletters, mailings, etc.) or any other website owned or operated by Uniquely Minnesota® may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

However, you may make one copy, for personal use or for internal business use only, provided all copyright and other notices contained in the Material are left intact. Any modification of this Material or use of the Material for any other purpose constitutes an infringement of Uniquely Minnesota®’s copyright and other proprietary rights. Use of this Material on any other website or other networked computer environment is prohibited.


Information Provided by You

You may choose to provide Uniquely Minnesota® with certain information about yourself or your business. Such information may include your name, email address, company name, or other identifying or contact information. You agree that all information that you provide to Uniquely Minnesota® is accurate and complete and is your own information and not the information of another person. You agree that Uniquely Minnesota® or any of our clients or third-party vendors or agents may contact you through email or other contact information provided by you.


Links

Uniquely Minnesota® is not responsible for the content of any sites which may be linked to or from Uniquely Minnesota® (uniquelyminnesota.com) or related social media sites (Facebook, Twitter, etc.). These links are provided for your convenience only and you access them at your own risk.


Feedback

In the event you choose to provide us with any feedback, suggestions, editorial submissions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary. You hereby grant the Company a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.


Disclaimers

ALL MATERIALS ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNIQUELY MINNESOTA® MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY MATERIALS AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE MATERIALS AVAILABLE ON THE WEBSITE OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK. UNIQUELY MINNESOTA® MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIALS YOU MAY OBTAIN FROM THE WEBSITE OR FROM LINKED WEBSITES ARE FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. SOME LINKS IN THE SITE MAY LET YOU LEAVE THE UNIQUELY MINNESOTA® SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF UNIQUELY MINNESOTA® AND UNIQUELY MINNESOTA® IS NOT RESPONSIBLE FOR THE MATERIALS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY UNIQUELY MINNESOTA® OF THE LINKED SITE. YOU AGREE THAT UNIQUELY MINNESOTA® SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY MATERIALS OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

The website may contain pricing or other errors, and in all cases Uniquely Minnesota® reserves the right to correct such errors and is not bound to honor any quotes, prices, or information provided in error, even if you have taken action to accept the item listed in error.  Neither Uniquely Minnesota®, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted byUniquely Minnesota® on our (uniquelyminnesota.com) website or related social media sites (Facebook, Twitter, etc.).


Limitation of Liability

YOU AGREE THAT NEITHER UNIQUELY MINNESOTA®, NOR ANY PERSON OR COMPANY ASSOCIATED WITH UNIQUELY MINNESOTA®, INCLUDING CLIENTS, VENDORS, OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL AGGREGATE LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00 IN AGGREGATE. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnity

You agree to indemnify and hold Uniquely Minnesota® as well as its vendors and clients, and all of their employees, officers, owners and agents (collectively, the “Indemnified Parties”) harmless against all claims or liability asserted against any Indemnified Party arising out of or in connection with any breach of any of the terms of this Agreement or your use of this Website or the Materials.


General Contact Information

If you have any questions or comments about these Terms of Use, please contact us at info@uniquelyminnesota.com or write to us at Uniquely Minnesota 825 Berry Street Ste #309 Saint Paul, MN 55114-1479 USA.


Jurisdiction

You agree that the only proper jurisdiction and venue for any dispute with Uniquely Minnesota® or in any way relating to your use of this Website, the Materials or your relations with Uniquely Minnesota® is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Uniquely Minnesota®. Any claims arising from or related to your use of this Website, the Materials or relating to your relationship with Uniquely Minnesota® will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to this Agreement or your use of the Website or the Materials will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred.  You agree that in the event you have or may have any alleged claim against Uniquely Minnesota®, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in this Agreement and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against Uniquely Minnesota®.


Privacy

We use and protect information as described in our Privacy Policy.


General

If any provision of this Agreement is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision can not reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced.  You may not sell, assign, or otherwise transfer any rights under this Agreement. Uniquely Minnesota® may assign or transfer its rights and obligations under this Agreement. Our failure to act with respect to any failure by you or others to comply with this Agreement does not waive our right to act with respect to subsequent or similar failures.  The Content on the site, including these Terms, may appear in multiple languages other than English.  In the event of any conflict or ambiguity, the English version shall control.


Last Update

These Terms of Use were last updated on September 1, 2011.


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