We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

8. Cooperation; Removal of Submissions

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from NBCMontana.com that violates these terms of use (including the “Rules of Conduct”) and (b) identify any user to third parties, and/or disclose to third parties any Submission or Personally Identifiable Information (PII), when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the “Rules of Conduct”) and/or our contests, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including NBCMontana.com. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

9. Content Accessible Through Links on Website and Search Results

You should be aware that when you are on NBCMontana.com, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from NBCMontana.com or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

10. Disclaimers

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.

11. Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of NBCMontana.com and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. Limitation of Liability

Under no circumstances, including negligence, shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, or NBCMontana.com content, or (b) the conduct or actions, whether online or offline, of any user of NBCMontana.com or any other person or entity, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contact, tort (including negligence) or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to NBCMontana.com moreover, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act or force majeure or causes beyond our or their reasonable control. We may terminate your further access to NBCMontana.com or delete content or features in any way, at any time and for any reason or no reason. The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

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:
    Willy Miller

  • 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 : wmiller@keci.com

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.