Website Terms and Conditions of Use for Visitsiouxfalls.com

Effective Date 5/24/2018.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE, AND ANY OF ITS PAGES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS OF USE AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

General

Thank you for visiting the website of the Sioux Falls Convention and Visitors Bureau (“SFCVB”). The visitsiouxfalls.com website (the "Website") is comprised of various web pages and features operated by the SFCVB. The terms “we,” “our,” and “us” refer to SFCVB and its parent companies, subsidiaries, and affiliates, and the terms “you” or “your” refer to any users who access this Website. By accessing or using this Website, you agree and consent to be legally bound by these Terms and Conditions of Use (the “Terms”) without limitation or qualification.

Use of Website

Our Website is not directed towards children. If you are using this Website, you are confirming that you are 18 years of age or older, or are over 13 years of age and using the Website with the consent and supervision of your parent or guardian. Use of the Website is also governed by our Privacy Policy, which informs users of our data collection practices.

If you fail to comply with any of these Terms, your permission to use the Website automatically terminates. 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, bar you from future usage of the Website, or take any other action we deem necessary or appropriate, and may pursue any or all legal or equitable claims against you for such unauthorized use. We further reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to this Website, or any of our resources or services, at any time for any reason without notice. We shall not be held liable to you or any third party for any termination of your access to this Website.

You agree to indemnify and hold us harmless from any liability, loss, claim or expense including attorney’s fees, related to your violation of these Terms or your use of the services, products, software, applications, or information made available through the Website.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, but not limited to, the liability, indemnification, arbitration, and jurisdiction sections contained herein below.

International Users

This website is controlled, operated, and administered by us from our offices within the United States of America. This website is not targeted towards users outside of the United States, and you agree that any use of the website shall occur within the United States. By using or continuing to use the website, you represent and agree that you are located in the United States. If you are using this website outside of the United States, you agree that you will cease such usage immediately. You further agree that you will not use the website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Website Modifications

We reserve the right to modify or terminate this Website or any service available on this Website, any link, embed, platform, widget, application, software, or feature used by this Website, and your access to this Website, in whole or in part, at any time whatsoever.

Changes to Website Policies

We reserve the right to make changes to Website policies at any time without advance notice to you including, without limitation, these Terms and our Privacy Policy. We encourage you to continue to review these Terms each time before using this Website, as your continued use will be strictly subject to the then-current Terms. Each time we modify the content of these Terms, we will update the effective date set forth above.

Conditions of User Non-Exclusive, Non-Transferable, Revocable License

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, or any software, digital products, applications, or services provided by this Website, strictly in accordance with these Terms. As a condition of your use of the Website, or any software, digital products, applications, or services provided by this Website, you warrant to us that you will not use the Website, or any software, digital products, applications, or services provided by this Website, for any purpose that is unlawful or prohibited by these Terms. You may not use the Website, or any software, digital products, applications, or services provided by this Website, in any manner which could damage, disable, overburden, or impair the Website or any software, digital products, applications, or services provided by this Website, or interfere with any other party's use and enjoyment of the Website or any software, digital products, applications, or services provided by this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, or any software, digital products, applications, or services provided by this Website. Using software, applications, or digital products from this Website does not give you title to such software, application, or digital product, including any files, data and images incorporated in or associated with the software, application, or digital product.

Except for use expressly authorized, you agree that you will not copy, modify, publish, transmit, distribute, reverse engineer, perform, display, participate in the transfer or sale, license, create derivative works, reproduce, decompile or disassemble, or in any way exploit any of the content, in whole or in part, found on the Website, or in any software, application, or digital product we provide you. This Website and its content, along with the software, applications, and digital products available on this Website, is copyrighted by us or its owner. Our content is not for resale. Your use of the Website, software, application, or digital product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of us or our licensors except as expressly authorized by these Terms.

Privacy & Information Use

Information processed via the Website and its systems may be stored and used for various purposes. Use of this Website is also governed by this Website’s Privacy Policy which outlines what information we collect on our Website and how that information is used. Please review our Privacy Policy for more information on our information collection, use, and sharing practices.

Liability & Indemnity

For the purpose of this liability and indemnity provision, the terms “we,” “our,” and “us” refer to SFCVB, its subsidiaries, and its affiliates, and the owners, shareholders, members, directors, shareholders, owners, managers, officers, employees, agents, licensors or licensees, service or content providers, and suppliers of SFCVB, or of its subsidiaries and affiliates. The terms “you” or “your” refer to any individuals who use or access this Website.

General Liability Release.
ANY AND ALL CONTENT CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES, SOFTWARE, CODE, PRODUCTS, APPLICATIONS, INFORMATION, AND CORRESPONDING SERVICES IS RELIED UPON AT YOUR OWN RISK AND IS PRESENTED “AS IS” OR “AS AVAILABLE.” NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, ARE PROVIDED FOR OUR WEBSITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AS WAY OF EXAMPLE, NOT LIMITATION, WE PROVIDE NO WARRANTIES OR REPRESENTATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE CONTENT ON THIS WEBSITE. WE PROVIDE NO WARRANTIES THAT OUR WEBSITE OR ITS CONTENT IS FREE FROM ERROR OR DEFECTS (LIKE VIRUSES OR MALICIOUS CODE), THAT USE OF OUR WEBSITE WILL BE FREE FROM INTERRUPTIONS, OR THAT OUR WEBSITE WILL NOT BE COMPROMISED BY A CYBERATTACK, HACK, OR OTHER SIMILAR EVENT. YOU EXPRESSLY ACKNOWLEDGE THAT ANY RELIANCE UPON ANY CONTENT ON THIS WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT WE WILL NOT BE LIABLE IN ANY WAY FOR CONTENT POSTED ON THIS WEBSITE OR OTHERWISE MADE AVAILABLE THROUGH USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, THROUGH EMAIL OR TEXT NOTIFICATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING ANY INJURY TO PERSON, PROPERTY, OR BODY, OR ANY KIND OF LOSS OR DAMAGE WHATSOEVER TO YOU OR ANY THIRD PARTY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY A “CLAIM”). THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, DELAYS, INTERRUPTIONS, INSUFFICIENT, INCOMPLETE, MISSING OR DELETED CONTENT, DETERIORATION OR CORRUPTION OF FILES OR CONTENT, LOSS OF DATA, LOSS OF PROFITS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJANS, MALWARE AND MALICIOUS CODE, OR INJURY TO PERSON, PROPERTY, OR BODY, OR ANY OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, TO YOU OR ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT YOU AGREE THAT OUR LIABILITY SHALL BE WAIVED TO THE MAXIMUM EXTENT PERMISSIBLE BY THE LAW OF YOUR STATE OR JURISDICTION. IF YOU ARE DISSATISFIED WITH OR DISAGREE WITH ANY PORTION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THIS LIABILITY AND INDEMNITY PROVISION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Indemnity.
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE: (1) YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK; (2) YOU CONSENT TO AND ARE BOUND BY THE ABOVE LIABILITY WAIVER; (3) YOU WILL INDEMNIFY AND HOLD US HARMLESS AGAINST ANY AND ALL LIABILITY AND WILL INDEMNIFY US FOR ANY CLAIM (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION, AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) ARISING FROM, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, ITS CONTENT, OR ANY INFORMATION, GOODS, OR SERVICES PROVIDED THROUGH OR ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY SUBMISSIONS YOU POST ON THIS WEBSITE, YOUR BREACH OF ANY OBLIGATION, TERM, OR WARRANTY IN THESE TERMS, AND YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES, OR ANY ACT OR OMISSION BY YOU IN VIOLATION OF THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION; AND (4) WE EXPRESSLY RESERVE THE RIGHT, AT OUR SOLE AND COMPLETE DISCRETION AND AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Enforceability

These terms and conditions shall be given effect to the fullest extent permissible by law. If any provision of these terms and conditions is deemed unlawful, void, or unenforceable for any reason whatsoever, that provision shall be severed and the rest of these terms and conditions shall remain valid and in full force and effect, and a provision as similar in terms as may be valid and enforceable shall be used in lieu of such provision. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Disputes, Governing Law, & Venue

This website, and your use of this website, is governed by the laws of the State of South Dakota, in the United States of America, and these terms and conditions shall be governed by and construed in accordance with the laws of the State of South Dakota, regardless of where the user is based. Any disputes about this website, or these terms, shall be exclusively venued in Minnehaha County, South Dakota, subject to South Dakota law without regard to conflict of law principles. You agree that any action at law or in equity arising out of or relating to this website or these terms shall be filed only in the state or federal courts located in Minnehaha County, South Dakota. By using or continuing to use this website, you hereby consent and submit to be subject to South Dakota law and the exclusive jurisdiction and venue of the Minnehaha courts for any such action.

Reservation of Rights

All rights not expressly granted herein are reserved exclusively and entirely to us.

Notices; Contact Information

Unless otherwise permitted under applicable law or these Terms, all notices provided to us in connection with these Terms, should be directed to the following address via certified mail:

Certified Mail:
ATTN: Legal Department

Sioux Falls CVB
200 N. Phillips Ave, Suite #102 Sioux Falls, SD 57104

Questions about these Terms should be directed to the following address via certified mail or email at the designated addresses below:

Certified Mail:
ATTN: Legal Department Sioux Falls CVB
200 N. Phillips Ave, Suite #102 Sioux Falls, SD 57104

Email:
sfcvb@siouxfalls.com