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Collection of Visitor Information on this Site
Limitations on Use of Content
All content, data and material contained on the Site are protected by one or more copyrights, trademarks, patents, trade secrets, or other proprietary rights owned or licensed by KOA and which are protected under the laws of the State of Montana, the United States, foreign jurisdictions, or international treaties.
You may not copy, modify, or retransmit any portion or element of the Site or any of its content via any means. This Site, its content, and all related rights are KOA’s exclusive property or the property of the licensors of such content, unless otherwise expressly agreed in writing by KOA. Without KOA’s prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost, or otherwise use the content of this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.
Prohibited Activities and Visitor Obligations
As a visitor to this Site, you must not:
- violate any applicable local, state, national or international statute, regulation, or law;
- upload, post, use, or otherwise make available any content or information that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
- upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
- upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of the Site by other users;
- use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, or “mine” the Site;
- stalk or harass anyone;
- collect, compile, or store personal information about other users of this Site;
- share your password with anyone else;
- disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources, accounts, usernames and passwords, servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
- use this Site for commercial purposes.
You agree that you are solely responsible for any content that you upload, post, use, or otherwise make available on this Site ("User Content"). Although KOA has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, KOA reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
Charges and Fees
You authorize KOA, and any payment processing service provider KOA may engage, to charge your credit card for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you are responsible for any and all uses of your credit card. To dispute or cancel any erroneous charge, you must contact us at email@example.com.
Disclaimer of Warranties
THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
KOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL EITHER KOA OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to use of this Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Under no circumstances whatsoever shall KOA's aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).
Links to Other Sites
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your username or password. KOA reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, or remove or edit content.
Operation and Maintenance of this Site
Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to product or service descriptions. KOA reserves the right to discontinue the sale of any service listed on this Site at any time without notice and correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. KOA may modify, change, suspend, terminate, or discontinue the operation of this Site or the provision of any services without notice and KOA reserves the right to refuse service to anyone at any time, with or without cause.
Applicable Law & Miscellaneous
You are responsible for compliance with applicable laws.
Submissions to KOA
Any and all materials you send or submit to KOA or a third party provider on this Site, including, without limitation, comments, suggestions, User Content, photos, or contest or sweepstakes entries (collectively, "Submissions"), will become KOA’s property; and you hereby transfer, sell, and assign to KOA all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant KOA an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submission throughout the universe in any media, now known or hereafter devised. KOA have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. KOA shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Last updated: September 12, 2011