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