Legal

Privacy Policy/Terms of use agreement

Who we are

Our website address is: http://thebiglaketimes.com mail P.O. Box 520481, Big Lake Alaska 99652, email biglaketimes@gmail.com. We value your privacy and rights. By using this website you agree to our Terms of Use described herein. We, and you, are protected by the 1st Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

This is a website and we have some rules. Just a few, but we are serious about them. If you do not agree with these Terms of Use, or are otherwise unsatisfied, your only option is to quit The Big Lake Times website.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. We will never sell your information, and only by a court order will we ever give up your information. The Big Lake Times will never call or email you for personal information.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture or icon is visible to the public in the context of your comment and consent.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

We provide a contact form for your convenience

Cookies

If you leave a comment on our site

    you may opt-in

to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. You do not have to accept cookies to use every feature of this site except the system won’t remember you.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. We have no control over this. If you are concerned simply block the cookies or those websites.

Analytics

Who we share your data with

No one, ever except in the event of a court order.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely unless removed or deleted by usual file cleaning procedures. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. You may request that your data be purged by emailing biglaketimes@gmail.com We will ask you some security questions to be sure it’s really you making the request. But remember, once it’s on the Internet, it’s there forever. Think before you post.

For users that register on our website (if any), we may also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username), but no other users except the site editors and admins have access to this. Website administrators can also see and edit that information. You do not need to register, log in, or otherwise be bothered in order to submit a comment on a story, a general comment, submit a story or art or event. This is a free Community news service.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. We are going to have to verify that it’s you making the request, so expect some conditions. We value your privacy and security and will not easily give this information up.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Your contact information

Additional information

How we protect your data

We utilize anti-spam tools, block known malicious and spam websites, moderate the comments and users when appropriate, and have a firewall to protect your information. The Web Application Firewall blocks known and emerging attacks using firewall rules. When the WAF is installed, and continuing, it will be in learning mode. This allows the firewall program to learn about this site so that we can understand how to protect it and our users and visitors, and how to allow normal visitors through the firewall.

What data breach procedures we have in place

Regular backups and updates, as well as an adaptive firewall, see above. We also protect the site from password-guessing attacks by locking out attackers and helping you avoid weak passwords.

What third parties do we receive data from

Links to external websites may set cookies. You can change these settings in your browser.

What automated decision making and/or profiling we do with user data

None. User information from TheBigLakeTimes.com is not for sale.

Industry regulatory disclosure requirements

Terms And Conditions

Last Modified on 1 November 2018

The Big Lake Times™ (the “Product”) is a free to install and use, desktop browser website software featuring news, weather, discussion and more on a computer desktop, tablet, or phone. This End User License Agreement and Terms of Use is a legal agreement between you (either an individual or a single entity), the Software producer (The Big Lake Times located at http://thebiglaketimes.com P.O. Box 520481 Big Lake Alaska 99652) and the owner and operator of the website, The Big Lake Times which distribute the Software. The conclusion of contract will come into effect with The Big Lake Times. By installing and/or using the software and website you signify your acceptance of this End User License Agreement and you agree to be bound by the terms of this End User License Agreement. For purposes of this License Agreement (defined below), “you” and “your” mean the user of the computer on which the Product will be or has been viewed or installed.

IF YOU DO NOT AGREE TO THE TERMS OF THIS End User License Agreement DO NOT INSTALL OR USE THE SOFTWARE or WEBSITE. Your only option is to quit The Big Lake Times website.

PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON BELOW OR INSTALLING OR USING THE SOFTWARE AND THE TECHNOLOGY (THE “SOFTWARE”), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE AND QUIT THE WEBSITE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.

I. LIMITED USE LICENSE

You agree that the software and all licensed materials it might contain are licensed, not sold to you. You agree that the software and its content, including the whole website, belong to The Big Lake Times, including all intellectual and proprietary rights, unless otherwise specified. You own your content such as comments and story submissions unless otherwise specified. The Big Lake Times retains all right, title and interest in and to the software and its content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by The Big Lake Times at The Big Lake Times’s sole discretion; and, The Big Lake Times will have no obligation to you regarding any ideas or inventions that you disclose through such means. However we welcome comments and story/article submissions, images, etc. These are your property.

II. REQUIREMENTS

In installing and using the Software and using the Product, you acknowledge that you have read, understand and agree with the terms of this License Agreement & Terms of Use. You may also register for an account in the Product (an “Account”). These requirements may change as the Product evolves. You are wholly responsible for the cost of all internet connection fees by whatever means, along with all equipment, servicing, or repair costs necessary to allow you access to the Product.

By entering into this Agreement and creating an Account, you represent that you are an adult or individual and have the legal capacity or desire to enter into a contract in the jurisdiction where you reside and be over the age of 12 or the legal age as defined by your country or state of residence. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that no person under the age of 18 or the legal age as defined by your country or state of residence uses the Product to view mature content without your permission. All of our content is family-friendly, although the crime stories may disturb some readers.

THE SITE AND THE PRODUCT ARE NOT DIRECTED AT CHILDREN UNDER 12 YEARS OF AGE, NOR DOES The Big Lake Times KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 18. IF YOU ARE UNDER 18, PLEASE DO NOT USE THE PRODUCT WITHOUT A PARENT’S OR GUIARDIAN’S APPROVAL NOR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO The Big Lake Times.

III. ADDITIONAL LICENSE LIMITATIONS

The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorized use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights The Big Lake Times holds in and to the Software and the Product. You agree that you will not, under any circumstances:

Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Product, to a third party;
Copy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Product, or create derivative works based on the Product.
Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by The Big Lake Times;
Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by The Big Lake Times;
Use any unauthorised third-party programs that interact with the Software in any way, or that intercept, emulate or redirect any communication between the Software and Totem Entertainment, unless expressly authorized by The Big Lake Times;

IV. OWNERSHIP

All rights and title in and to the Software and the Product, and all content included therein (including, without limitation, accounts, computer code, photo, audio and video content) are owned by The Big Lake Times or its licensors. You own your posts. The Software and the Product and all content therein are protected by USA and other international intellectual property laws. The Big Lake Times and its licensors reserve all rights in connection with the Software and the Product, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Product except as expressly permitted by The Big Lake Times.

Notwithstanding the above, The Big Lake Times gives you a limited license to use certain The Big Lake Times proprietary material such as posts and other nedia to be used on blogs, on forums, blogs or fan sites as long as you have no interest, monetary or otherwise, in publishing such content, and as long as a release and use agreement is filed. Please contact biglaketimes@gmail.com to receive authorization prior to any publication of copyrighted material. The poster/contributor is the owner of that work.

For all aspects of the Product such as advertising that require you to pay a fee, you agree that you will provide accurate and complete payment information to the third-party payment provider used by The Big Lake Times. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Big Lake Times may revise the pricing for the Product or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. The Big Lake Times may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Product.

YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING WITHOUT LIMITATION CREDITS) ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

V. ACCOUNT INFORMATION

For paid services such as advertising, if not paid by check or money order, You will be requested to provide additional information in order to complete a purchase, such as your name, full address, credit card information or other payment information as appropriate to the selected payment method. The Big Lake Times solely relies on third party payment providers for purchases and do not store any credit card information.
In creating an Account, you will be given a unique username and password, which you will use each time you access the Product. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify The Big Lake Times immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your username and password.
The Account supplied to you is personal to you, and The Big Lake Times does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your username and password (except as expressly provided herein or otherwise explicitly approved of by The Big Lake Times) may result in suspension or termination of your Account.
Suspension/Termination: By The Big Lake Times.The Big Lake Times RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Accounts terminated by The Big Lake Times shall not be reinstated under any conditions whatsoever. You may terminate your Account at any time, for any reason or no reason, by contacting The Big Lake Times.

VI. USER CONTENT

The Big Lake Times does not, and cannot, pre-screen or monitor all User-Submitted Content, but we do our best to moderate submissions. However, it’s the Internet so some material may get through that some will find offensive. Contact us so that we may adress the situation. Its representatives may monitor and/or record your communications (including, without limitation, Private Messages and Forum postings) when you are using the Product or the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Once it’s posted to the Internet, it’s there forever, so think before you post. The Big Lake Times does not assume any responsibility or liability for Content that is generated by users of the Site and/or Product. The Big Lake Times has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, The Big Lake Times also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of The Big Lake Times; (iv) where someone’s health or safety may be threatened; (v) to report a crime or other offensive behavior. Please take care to not provide any personally identifiable information in the Comments and Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in Private Messages or Forums, and that members of The Big Lake Times and the Community, outside of those you chat directly with, might have access to the information in the Private Messages or the Forums at any time.
If you have a valid and active Account, you may post communications and other content to any story or the “forum” section of the Site or Product (the “Forums”), or comment on any story. You agree to abide by the Code of Conduct while participating in the Forums and posting comments. You understand that much of the information included in the Forums is from other users who are not employed by or under the control of The Big Lake Times. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums and comments may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. The Big Lake Times neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums or posts to stories by you or the other users, including links. The opinions expressed in the Forums and comments reflect solely the opinions of you and/or the other users and may not reflect the opinions of The Big Lake Times. The Big Lake Times is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will The Big Lake Times be liable for any loss or damage caused by your reliance on the information in the Forums/postings or your use of the Forums. You should be aware that, when you disclose information about yourself in a post or Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a post or Forum, you do so at your own risk. The Big Lake Times reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other users transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.

VII. CODE OF CONDUCT

While using the Software and using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Product (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and The Big Lake Times reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Product, regardless of whether a specific behavior is listed here as prohibited. We will ban you. The following are examples of behavior that warrant disciplinary measures:

Impersonating any person, business, or entity, including an employee of The Big Lake Times, or communicating in any way that makes it appear that the communication originates from The Big Lake Times;
Posting identifying information about yourself, or any other user, in the Product;
Harassing, stalking, or threatening any other users in the Product;
Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of The Big Lake Times contained in the Product and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
Transmitting or communicating any content which, in the sole and exclusive discretion of The Big Lake Times, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
Spamming the posts, forum or private messages, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
Participating in any action which, in the sole and exclusive judgment of The Big Lake Times, “exploits” an undocumented aspect of the Product in order to secure an any benefit;

VIII. LINKS

The Site may contain links to websites operated by other parties. The Big Lake Times provides these links to you as a convenience, use of these links and the external websites are at your own risk. The linked sites are not under the control of The Big Lake Times, and The Big Lake Times is not responsible for the content available on the other sites. Such links do not imply endorsement by The Big Lake Times of information or material on any other site, and The Big Lake Times disclaims all liability with regard to your access to and use of such linked websites.

IX. UPDATES AND MODIFICATIONS

The Big Lake Times may provide Updates to the Software that must be installed for you to continue to use the Product.

The Big Lake Times reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Product and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this License Agreement by clicking on the “EULA” link located at the bottom of the Site. You are responsible for checking this License Agreement periodically for changes. If the Software requires an Update at the time you launch the Software to access the Product, you will also have the opportunity to review and to accept or reject the current version of this License Agreement. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance and must immediately stop using the Product and uninstall the Software. Your continued use of the Product following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

X. TERMINATION OF AGREEMENT

This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying The Big Lake Times of your intention to terminate. The Big Lake Times may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or The Big Lake Times, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer”s permanent memory and destroy any and all copies of the Software that may be in your possession.

XI. TERMINATION OF Product SERVICE

You acknowledge and agree that The Big Lake Times, in its sole and absolute discretion, may stop providing support for or access to the Product at any time, for any reason or no reason. You also agree that The Big Lake Times may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Product at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Product. Notwithstanding the above, The Big Lake Times will make its best effort, in case of suspension or discontinuation of the service to provide a solution for you to keep using all downloaded Content on your computer.

XII. CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)

If you are a copyright owner or agent thereof and believe that content posted on the Site by a Big Lake Times user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. ” 512(c)) to the The Big Lake Times Copyright Agent with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; the URL of the location on the The Big Lake Times containing the material that you claim is infringing; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We will require proof that you are the owner.

The Big Lake Times Copyright Agent can be reached by mail at The Big Lake Times DMCA, P.O. Box 520481, Big Lake Alaska 99652. Please note that these notifications are legal notices, and that The Big Lake Times may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.

XIII. WARRANTY DISCLAIMER

THE Product (INCLUDING WITHOUT LIMITATION THE WEBSITE, THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, The Big Lake Times DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE Product OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE Product AND/OR THE SOFTWARE. The Big Lake Times DOES NOT WARRANT THAT THE Product AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE Product AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE Product AND THE SOFTWARE.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

XIV. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS The Big Lake Times FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS” FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE Product AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. The Big Lake Times reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Big Lake Times in asserting any available defenses.

XV. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL The Big Lake Times BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE Product, EVEN IF The Big Lake Times KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, The Big Lake Times SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT, OR PROFILE INFORMATION STORED BY THE Product. The Big Lake Times SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL The Big Lake Times BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO The Big Lake Times FOR Product-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of The Big Lake Times shall be limited to the fullest extent permitted by applicable law.

XVI. EQUITABLE REMEDIES

You hereby acknowledge and agree that The Big Lake Times would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that The Big Lake Times shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

XVII. MISCELLANEOUS

This License Agreement represents the complete agreement between you and The Big Lake Times with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and The Big Lake Times. The Product is operated by The Big Lake Times in Big Lake, Alaska. Those who choose to access the Product from locations outside the USA do so on their own initiative and are responsible for compliance with applicable local laws. The Big Lake Times’s failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by The Big Lake Times of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. All provisions shall survive any termination of this License Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE SOFTWARE AND USING THE website/Product, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
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