8. Cooperation; Removal of Submissions
9. Content Accessible Through Links on Website and Search Results
The content on or otherwise related in any way to NBCMontana.com or any third party sites or services linked to or from NBCMontana.com is provided “as is” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and noninfringement. We do not warrant that any content will be error-free, that access thereto will be uninterrupted, that defects will be corrected or that NBCMontana.com servers that make such content available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use of the results of the use of any content. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit cards and other personal information). You understand acknowledge and agree that the use of NBCMontana.com is at your own risk. Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on NBCMontana.com is strictly at your own risk. NBCMontana.com may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of NBCMontana.com is intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, NBCMontana.com without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
12. Limitation of Liability
13. General Provisions
This agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between NBCMontana.com 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 United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. NBCMontana.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver for any provision of this Agreement. NBCMontana.com 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.
14. Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Notification must be submitted to the following:
Designated Agent: Willy Miller
Service Provider: NBCMontana.com
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:
340 West Main Street Missoula, MT 59802
Telephone Number of Designated Agent: 406-721-2063
Facsimile Number of Designated Agent: 406-542-1606
E-Mail Address : firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which NBCMontana.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
15. Attribution and Notices
The following provisions apply to Third Party Content made available on NBCMontana.com. Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above.
Associated Press ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium.
Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use.
Users may not download or reproduce a substantial portion of the AP material found on this web site.
AP will not be held liable for any delays, inaccuracies, errors, or omissions there from or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing.