TERMS AND CONDITIONS OF USE
Welcome to the California Nations Indian Gaming Association’s (“CNIGA”) web site (“Web Site”). This page states the “Terms and Conditions” under which you may use the Web Site. Please read this page carefully. CNIGA provides the information contained in this Web Site subject to the following conditions. By using this Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. If you do not accept the Terms and Conditions stated here, do not use this Web Site and service. CNIGA may revise these Terms and Conditions at any time by updating this posting. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Web Site for any reason. You should visit this page periodically to review the Terms and Conditions because they are binding on you. In addition, when you use any current or future CNIGA service (e.g., the Web Site), you also will be subject to the guidelines and conditions applicable to such service.
LICENSE AND SITE ACCESS
CNIGA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with CNIGA’s express written consent. This Web Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without CNIGA’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CNIGA without express written consent. You may not use any meta tags or any other “hidden text” utilizing CNIGA’s name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by CNIGA.
USE OF MATERIAL
The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other “Material”, are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of CNIGA. The compilation, collection, arrangement and assembly of all content on this Web Site is CNIGA’s exclusive property and is protected by United States and International copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment is prohibited.
The Web Site may be used only for lawful purposes by individuals seeking information related to CNIGA. Users may not use the Web Site in order to transmit, distribute, store, or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. CNIGA will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. CNIGA specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: (1) using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site; (2) taking any action which imposes an unreasonable or disproportionally large load on this Web Site’s infrastructure; (3) if you have a password allowing access to a non-public area of this Web Site, disclosing to, or sharing your password with, any third parties or using your password for any unauthorized purpose; and (4) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CNIGA ON AN “AS IS” AND “AS AVAILABLE” BASIS. CNIGA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CNIGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CNIGA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OR RELATED TO THIS WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CNIGA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER OR NOT THE YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or authorized by you. You agree to immediately notify CNIGA of any unauthorized use of your registration and password.
The Material may contain inaccuracies or typographical errors. CNIGA makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time and without notice.
LINKS TO OTHER SITES
The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by CNIGA of the contents on such third-party web sites. If you decide to access linked third party web sites, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
JURISDICTION, VENUE AND SOVEREIGN IMMUNITY
You agree that any legal action brought against CNIGA shall be governed by the laws of the United States and the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of the Web Site shall be an appropriate federal or state court located in Sacramento County, California. You further agree that CNIGA is an organization formed of federally-recognized Indian tribal governments, and thus that CNIGA shares tribal sovereign immunity from unconsented suit.