Terms and Conditions
1. Copyright, Licenses and Submissions.
Copyright and trademark laws protect the entire contents of the Distinctly Montana website. The owner of the intellectual property, copyrights and trademarks is Thunderstruck Media, LLC, its affiliates or other third party affiliates or licensors. You are prohibited from reproducing, republishing or otherwise utilizing the site content without the express written permission of Thunderstruck Media LLC.
You may print and download portions of material from the different areas of the site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Thunderstruck Media LLC dba/Distinctly Montana, a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (including, but not limited to bulletin boards, forums and newsgroups) or by e-mail to Thunderstruck Media LLC dba Distinctly Montana by all means and in any media now known or hereafter developed.
You also grant the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Thunderstruck Media LLC dba Distinctly Montana for any alleged or actual infringement or misappropriation of any proprietary rights.
Distinctly Montana, its website, seminars, conferences, events, trade shows, publications, products, content or services referenced herein are the exclusive trademarks or service marks of Thunderstruck Media LLC, including the "look" and "feel" of the site, color combinations, layout, and all other graphical elements. Any use of Distinctly Montana trademarks is strictly prohibited without the express written permission from Thunderstruck Media LLC. Other product and company names mentioned in the site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Thunderstruck Media LLC or Distinctly Montana, the company does not operate, control or endorse any information, products or services on the internet in any way. Except for identified information, products or services, all information, products and services offered through the site are offered by third parties that are not affiliated with Thunderstruck Media LLC dba Distinctly Montana. You also understand that Thunderstruck Media LLC dba Distinctly Montana cannot and does not guarantee or warrant that files available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Distinctly Montana offers a search feature within the site. Thunderstruck Media LLC dba Distinctly Montana explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Thunderstruck Media LLC dba Distinctly Montana also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a Thunderstruck Media LLC dba Distinctly Montana official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the site’s features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Thunderstruck Media LLC dba/Distinctly Montana product or service if you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THUNDERSTRUCK MEDIA LLC LLC DBA DISTINCTLY MONTANA PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY; AND THUNDERSTRUCK MEDIA LLC LLC DBA DISTINCTLY MONTANA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK THUNDERSTRUCK MEDIA LLC DBA DISTINCTLY MONTANA HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL THUNDERSTRUCK MEDIA LLC LLC DBA DISTINCTLY MONTANA BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THUNDERSTRUCK MEDIA LLC LLC DBA DISTINCTLY MONTANA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THUNDERSTRUCK MEDIA LLC DBA DISTINCTLY MONTANA LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless Thunderstruck Media LLC dbs/Distinctly Montana, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement by you or your use and access of the Site.
5. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Thunderstruck Media LLC dba/Distinctly Montana shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The site may provide, or third parties may provide, links to non-Thunderstruck Media LLC dbs/Distinctly Montana internet web sites or resources. Because Thunderstruck Media LLC dba/Distinctly Montana has no control over such sites and resources, you acknowledge and agree that Thunderstruck Media LLC dba/Distinctly Montana is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Thunderstruck Media LLC dba/Distinctly Montana shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Agreement shall all be governed and construed in accordance with the laws of the State of Montana, United States applicable to agreements made and to be performed in the State of Montana, United States. You agree that any legal action or proceeding between Thunderstruck Media LLC dba/Distinctly Montana and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Gallatin, State of Montana, United States.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The failure of Thunderstruck Media LLC dba/Distinctly Montana to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Thunderstruck Media LLC dba/Distinctly Montana may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.