Agreement between user and www.keepitintheup.com
Welcome to www.keepitintheup.com. The www.keepitintheup.com website (the "Site") is comprised of various webpages operated by Eagle Radio.
www.keepitintheup is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
your Use of www.keepitintheup.com constitutes your agreement to all such terms.
please read these terms carefully, and keep a copy of them for your reference.
Privacy Statement
We use customer contact information to send the user occasional information about our company. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below.
Be assured that Eagle Radio will not disclose your personal information to third parties without your consent. Eagle Radio may, however, disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Eagle Radio's rights or property, other Eagle Radio users, or anyone else that could be harmed by such activities. Eagle Radio may disclose user information when we believe in good faith that the law requires it.
Electronic Communications
Visiting www.keepitintheup.com or sending emails to Eagle Radio constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirements that such communications be in writing.
Contests
From time to time, we may run contests aimed at users over the age of 13 on our site. To register for these contests, we ask visitors for contact information (like their email address). We use contact data from our contests to send users information about our company. The customer's contact information is also used to contact the visitor when necessary (such as to send winner notifications or a thank you for entering a contest.). Users may opt-out of receiving future mailings; see the choice/opt-out section below.
Advertising:
We display banner ads on our site. These ads may contain cookies. While we may use cookies in other parts of our web site as well, we do not disclose this information to outside sources.
Security:
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All contact information, usernames, passwords and other information that is gathered about users by Eagle Radio is stored in a secure area that is not accessible to any third party. The Eagle Radio staff will only access this information to administer our services, contact you when necessary or to retrieve information that you request from us.
Choice/Opt-Out:
This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.
1. You can send email to eaglegm@up.net
2. You can send mail to the following postal address:
Eagle Radio
Post Office Box 550
Baraga MI 49908
3. You can call the following telephone number: 906-483-4910
Correct/Update:
This site gives users the following options for changing and modifying information previously provided.
1. You can send email to cupadmin@up.net
2. You can send mail to the following postal address:
Eagle Radio
Post Office Box 550
Baraga MI 49908
3. You can call the following telephone number: 906-483-4910
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. you may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that Eagle Radio is not responsible for third party access to your account that results from theft or misappropriation of your account.
Eagle Radio and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Eagle Radio does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.keepitintheup.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.keepitintheup.com may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of Eagle Radio and Eagle Radio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Eagle Radio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement byEagle Radio of the site or any association with its operators.
Certain services made available via www.keepitintheup.com are delivered by third party sites and organizations.
By using any product, service, or functionality originating from the www.keepitintheup.com domain,you hereby ackowledge and consent that Eagle Radio may share such information and data with any third party with whom Eagle Radio has a contractual relationship to provide the requested product, service or functionality on behalf of www.keepitintheup.com
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.keepitintheup.com strictly in accordance with these terms.
As a condition of your use of the site, you warrant to Eagle Radio that you will not use the site in any manner which could damage, disable, overburden, or impair the Site or interefere with any other party's use and enjoyment of the Site.
you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Eagle Radio or its suppliers and protected by copyright and other laws that protect intellectual property and proprietory rights.
You agree to observe and abide by all copyright and other proprietory notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participatein the transfer or sale, create derivitive works, or in any way exploit any of the content, in whole or in part, found on the Site.
keepitintheup.com content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietory rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other use of the content without the express written consent of Eagle Radio and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of Eagle Radio or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your keepitintheup.com account to third party accounts.
By connecting your keepitintheup.com account to your third party account, you ackowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).
If you do not want information about you to be shared in this manner, do not use this feature.
International Users
the Service is controlled, operated and administered by Eagle Radio from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.
You agree that you will not use the keepitintheup.com Content accessed through www.keepitintheup.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Eagle Radio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inabilty to use the Site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Eagle Radio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eagle Radio in asserting any available defense.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMMAND HQ COMPUTERS AND/OR sUUPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE ANY TIME.
EAGLE RADIO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILTY, AVAILABILTY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
EAGLE RADIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLEAGLE RADIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILTYT TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE, EVEN IF EAGLE RADIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILTY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Eagle Radio reserves the right, in its sole discretion, to terminate you access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Keweenaw Bay Indian Community and you hereby consent to the exclusive jurisdiction and venue of courts in the Keweenaw Bay Indian Community in all disputes arising out of, or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eagle Radio as a result of this agreement or use of the Site.
Eagle Radio's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eagle Radio's right to comply with governmental, court and law enforcement requests or requirements realting to your use of the Site or information provided to or gathered by Eagle Radio with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liabilty limitations set forth above, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eagle Radio with respect to the Site and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eagle Radio with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissable in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be written in English.
Changes To Terms
Eagle Radio reserves the right, in its sole discretion, to change the Terms under which www.keepitintheup.com is offered. The most current version of the Terms will supercede all previous versions.
Eagle Radio encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Eagle Radio welcomes your questions or comments regarding these Terms.
Eagle Radio
P.O. Box 550
Baraga, MI 49908
906-483-4901
eaglegm@up.net
Effective as of September 1, 2011
Welcome to www.keepitintheup.com. The www.keepitintheup.com website (the "Site") is comprised of various webpages operated by Eagle Radio.
www.keepitintheup is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
your Use of www.keepitintheup.com constitutes your agreement to all such terms.
please read these terms carefully, and keep a copy of them for your reference.
Privacy Statement
We use customer contact information to send the user occasional information about our company. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below.
Be assured that Eagle Radio will not disclose your personal information to third parties without your consent. Eagle Radio may, however, disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Eagle Radio's rights or property, other Eagle Radio users, or anyone else that could be harmed by such activities. Eagle Radio may disclose user information when we believe in good faith that the law requires it.
Electronic Communications
Visiting www.keepitintheup.com or sending emails to Eagle Radio constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirements that such communications be in writing.
Contests
From time to time, we may run contests aimed at users over the age of 13 on our site. To register for these contests, we ask visitors for contact information (like their email address). We use contact data from our contests to send users information about our company. The customer's contact information is also used to contact the visitor when necessary (such as to send winner notifications or a thank you for entering a contest.). Users may opt-out of receiving future mailings; see the choice/opt-out section below.
Advertising:
We display banner ads on our site. These ads may contain cookies. While we may use cookies in other parts of our web site as well, we do not disclose this information to outside sources.
Security:
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All contact information, usernames, passwords and other information that is gathered about users by Eagle Radio is stored in a secure area that is not accessible to any third party. The Eagle Radio staff will only access this information to administer our services, contact you when necessary or to retrieve information that you request from us.
Choice/Opt-Out:
This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.
1. You can send email to eaglegm@up.net
2. You can send mail to the following postal address:
Eagle Radio
Post Office Box 550
Baraga MI 49908
3. You can call the following telephone number: 906-483-4910
Correct/Update:
This site gives users the following options for changing and modifying information previously provided.
1. You can send email to cupadmin@up.net
2. You can send mail to the following postal address:
Eagle Radio
Post Office Box 550
Baraga MI 49908
3. You can call the following telephone number: 906-483-4910
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. you may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that Eagle Radio is not responsible for third party access to your account that results from theft or misappropriation of your account.
Eagle Radio and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Eagle Radio does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.keepitintheup.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.keepitintheup.com may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of Eagle Radio and Eagle Radio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Eagle Radio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement byEagle Radio of the site or any association with its operators.
Certain services made available via www.keepitintheup.com are delivered by third party sites and organizations.
By using any product, service, or functionality originating from the www.keepitintheup.com domain,you hereby ackowledge and consent that Eagle Radio may share such information and data with any third party with whom Eagle Radio has a contractual relationship to provide the requested product, service or functionality on behalf of www.keepitintheup.com
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.keepitintheup.com strictly in accordance with these terms.
As a condition of your use of the site, you warrant to Eagle Radio that you will not use the site in any manner which could damage, disable, overburden, or impair the Site or interefere with any other party's use and enjoyment of the Site.
you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Eagle Radio or its suppliers and protected by copyright and other laws that protect intellectual property and proprietory rights.
You agree to observe and abide by all copyright and other proprietory notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participatein the transfer or sale, create derivitive works, or in any way exploit any of the content, in whole or in part, found on the Site.
keepitintheup.com content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietory rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other use of the content without the express written consent of Eagle Radio and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of Eagle Radio or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your keepitintheup.com account to third party accounts.
By connecting your keepitintheup.com account to your third party account, you ackowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).
If you do not want information about you to be shared in this manner, do not use this feature.
International Users
the Service is controlled, operated and administered by Eagle Radio from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.
You agree that you will not use the keepitintheup.com Content accessed through www.keepitintheup.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Eagle Radio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inabilty to use the Site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Eagle Radio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eagle Radio in asserting any available defense.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMMAND HQ COMPUTERS AND/OR sUUPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE ANY TIME.
EAGLE RADIO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILTY, AVAILABILTY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
EAGLE RADIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLEAGLE RADIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILTYT TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE, EVEN IF EAGLE RADIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILTY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Eagle Radio reserves the right, in its sole discretion, to terminate you access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Keweenaw Bay Indian Community and you hereby consent to the exclusive jurisdiction and venue of courts in the Keweenaw Bay Indian Community in all disputes arising out of, or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eagle Radio as a result of this agreement or use of the Site.
Eagle Radio's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eagle Radio's right to comply with governmental, court and law enforcement requests or requirements realting to your use of the Site or information provided to or gathered by Eagle Radio with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liabilty limitations set forth above, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eagle Radio with respect to the Site and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eagle Radio with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissable in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be written in English.
Changes To Terms
Eagle Radio reserves the right, in its sole discretion, to change the Terms under which www.keepitintheup.com is offered. The most current version of the Terms will supercede all previous versions.
Eagle Radio encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Eagle Radio welcomes your questions or comments regarding these Terms.
Eagle Radio
P.O. Box 550
Baraga, MI 49908
906-483-4901
eaglegm@up.net
Effective as of September 1, 2011
© 2011 Eagle Radio All Rights Reserved
