Terms of Service

High Plains Drifters

Effective 5/1/19

 

The High Plains Drifters Web Site is comprised of various Web pages operated by High Plains Drifters.

The High Plains Drifters Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the High Plains Drifters Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

High Plains Drifters reserves the right to change the terms, conditions, and notices under which the High Plains Drifters Web Site is offered, including but not limited to the charges associated with the use of the High Plains Drifters Web Site.

LINKS TO THIRD PARTY SITES

The High Plains Drifters Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of High Plains Drifters and High Plains Drifters is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. High Plains Drifters is not responsible for webcasting or any other form of transmission received from any Linked Site. High Plains Drifters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by High Plains Drifters of the site or its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the High Plains Drifters Web Site, you warrant to High Plains Drifters that you will not use the High Plains Drifters Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the High Plains Drifters Web Site in any manner which could damage, disable, overburden, or impair the High Plains Drifters Web Site or interfere with any other party’s use and enjoyment of the High Plains Drifters Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the High Plains Drifters Web Site.

USE OF COMMUNICATION SERVICES

The High Plains Drifters Web Site does not currently contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  High Plains Drifters may add such services in the future.  Currently Post and Page comments are the extent of the Site Communication Services. Such comments are by and for the Members of High Plains Drifters. You agree to only use the comments to post relevant information to the topic of that post or page.

You agree to not use comments to :

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.  Any attempt to harass, defame, threaten or intimidate any user of the Site will be treated as a criminal act and will be reported to the appropriate authorities.
  • Advertise or offer to sell or buy any goods or services for any business purpose thru the comments or other means on the site.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material in the comments.
  • Restrict or inhibit any other user from using and enjoying the current Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

High Plains Drifters has no obligation to monitor the Comments. However, High Plains Drifters reserves the right to review materials posted to the comments and to remove any materials in its sole discretion. High Plains Drifters reserves the right to terminate your access to any or all of the Website Services at any time without notice for any reason whatsoever.

High Plains Drifters reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at High Plains Drifters’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Posting or Comments.

When uploading photos, removal of the Exif Data including any GPS information before uploading is a wise precaution. Downloaded photos can be mined for the exif meta data in attempts to personally identify you.

High Plains Drifters does not control or endorse the content, messages or information found in any comment or other Communication Service and, therefore, High Plains Drifters specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any comment discussion or other Communication Service.

Posters are not authorized High Plains Drifters spokespersons, and their views do not necessarily reflect those of High Plains Drifters.

MATERIALS PROVIDED TO High Plains Drifters OR POSTED on the High Plains Drifters WEB SITE

High Plains Drifters does not claim ownership of the materials you provide to High Plains Drifters (including feedback and suggestions) or post, upload, input or submit to any High Plains Drifters Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting High Plains Drifters, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. High Plains Drifters is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at High Plains Drifters’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE High Plains Drifters WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. High Plains Drifters AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE High Plains Drifters WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE High Plains Drifters WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

High Plains Drifters AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE High Plains Drifters WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. High Plains Drifters AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL High Plains Drifters AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE High Plains Drifters WEB SITE, WITH THE DELAY OR INABILITY TO USE THE High Plains Drifters WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE High Plains Drifters WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE High Plains Drifters WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF High Plains Drifters OR ANY OF ITS SUPPLIERS 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, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE High Plains Drifters WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE High Plains Drifters WEB SITE.

SERVICE CONTACT : webmaster@hpd-fff.com

TERMINATION/ACCESS RESTRICTION

High Plains Drifters reserves the right, in its sole discretion, to terminate your access to the High Plains Drifters Web Site and the related services or any portion thereof at any time, without notice.

GENERAL >>  To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of state or federal courts in Denver, Colorado, U.S.A. in all disputes arising out of or relating to the use of the High Plains Drifters Web Site. Use of the High Plains Drifters Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and High Plains Drifters as a result of this agreement or use of the High Plains Drifters Web Site. High Plains Drifters’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of High Plains Drifters’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the High Plains Drifters Web Site or information provided to or gathered by High Plains Drifters with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and High Plains Drifters with respect to the High Plains Drifters Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and High Plains Drifters with respect to the High Plains Drifters Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the High Plains Drifters Web Site are copyrighted: Website by High Plains Drifters and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.