Read This Terms of Use Agreement Before Accessing the Website.
Effective Date: This Terms of Use Agreement was last updated on December 1, 2023.
This Terms of Use Agreement sets forth the standards of use of the Mitchell Convention & Visitors Bureau (hereinafter MCVB) Online Service. By accessing and browsing the www.visitmitchell.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. MCVB reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.visitmitchell.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Mitchell Convention & Visitors Bureau is providing Member with Internet access to information for visitors and attractions in the area of Mitchell, South Dakota. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to theInternet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by MCVB on an “as is” and on an “as available” basis. To the full estextent permitted by applicable law, MCVB makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MCVB shall have no liability for any interruptions in the use of this Website. MCVB disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
3. Limitation of Liability
Mitchell Convention & Visitors Bureau SHALL NOT BE LIABLE FORANY DAMAGES WHATSOEVER, AND IN PARTICULAR MCVB SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MCVB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Indemnification
Member agrees to indemnify and hold Blackhawk Waterways Convention and Visitors Bureau, its partners, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or their user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Mitchell Convention & Visitors Bureau reserves the right to modify or discontinue the Service with or without notice to the Member. MCVB shall not be liable to Member or any third party should MCVB exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MCVB does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Merchants,Vendors or collected from publicly available sources. While MCVB takes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Mitchell Convention & Visitors Bureau makes no warranties or representations whatsoever with regard to any product provided or offered by anyVendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of South Dakota. As such, we are subject to the laws of the State of South Dakota, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of South Dakota. Any legal action must be commenced in Ogle County, South Dakota.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
You should assume that everything you see or read on this Site is copyrighted unless otherwise noted.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements there of is ©2009 ww.visitmitchell.com with all rights reserved, or is the property of Mitchell Convention & Visitors Bureau and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MCVB is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Mitchell Convention & Visitors Bureau.
Mitchell Convention & Visitors Bureau™ and www.visitmitchell.com™ are proprietary marks of visitmitchell.com. Mitchell Convention & Visitors Bureau’s trademarks may not be used in connection with any product or service that is not provided by Mitchell Convention & Visitors Bureau, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mitchell Convention & Visitors Bureau.
All other trademarks displayed on MCVB’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Mitchell Convention & Visitors Bureau.You may download material displayed on the Site for internal corporate or for personal use provided you also retain all copyright and other proprietary notices contained in the material. However, you may not distribute, broadcast, modify, transmit, reuse, re-post or use in any form the contents of this site, or use the content to build other data bases without written permission of MCVB.Whenever you reproduce or use any part of this Site in accordance with these Terms andConditions, you must include this notice, acknowledge Blackhawk WaterwaysConvention and Visitors Bureau as the source, and include visitmitchell.com’s address.
11. Notification of Claimed Copyright infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, visitmitchell.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Mitchell Convention & Visitors Bureau
601 N Main St
Mitchell, SD 57301
By Telephone: 605-996-6223
By Email: [email protected]
12. Linking/Framing
You may link to this Site provided that you notify us in writing and agree to remove such links immediately upon request by MCVB to do so. You may not link to this Site in away that results in the Site being displayed in a frame on your Site, if the framing obscures any of the content of this Site being framed.
13. Privacy
The following privacy policy governs MCVB’s online collection of information from you.This privacy policy does not apply to any information you may provide MCVB or that MCVB may collect off line and/or through other means; for example, at a live event, via telephone or through the mail. MCVB may collect and store information, personal or otherwise, that you voluntarily supply to us online as part of this Service. We also collect and store information that is generated automatically as users navigating online through this Service. Unless you inform MCVB otherwise, visitmitchell.com reserves the right to use, and to disclose to third parties, information collected from you while you are using the Service for a variety of reasons and purposes, such as providing users with information about products and services. If you do not wish to be included in such uses,you must send an email or a letter to us requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third party vendors.
In addition, please keep in mind that whenever you voluntarily disclose personal information online, for example an online contest, through email, or in any other interactive areas, that information can be collected and used by others besides visitmitchell.com. visitmitchell.com cannot be responsible for any unauthorized third party use of information that you disclose online.
We use “cookies” in a limited way to help deliver advertisements and to identify subscribers and readers that visit us and to track usage throughout our Site. Some of our business affiliates and advertisers use cookies, which can be used to tell when your computer has contacted a website. Because we do not control the privacy policies of our business affiliates, advertisers or any other sites to which we may provide hyper links, you should check the privacy policy of the site you are visiting if you have any concerns about that site’s use of cookies or about that site’s use of your information. We also make some content, products and services available through our Service through cooperative relationships with third party providers, where the brands of our provider partner appear prominently on the Service. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of any one of our provider partners, you should contact the provider directly for more information.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Terms of Service Agreement, or to protect the rights, property or safety of others of our Services, the public or visitmitchell.com.
Please also note that as MCVB’s business grows, we may buy or sell various assets. In an unlikely event that we, sell some or all of our assets, or one or more of our websites is acquired by another company, information on our users may be among the transferred assets.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MCVB in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
