Terms of Service
TERMS OF SERVICE
Welcome! The following describes the terms on which Hawkeye Communications, Inc. offers you access to its online services.
This website is made available to you by Hawkeye Communications, Inc., subject to the following Terms of Service ("TOS"), which may be updated or modified from time to time without notice to you. Hawkeye Communications, Inc. reserves the right to change the TOS at any time in its discretion and to notify users of any such changes solely by changing the TOS. Your continued use of any portion of the Site after the posting of any amended TOS shall constitute your agreement to be bound by any such changes. In addition, when using particular features of the Site, you shall be subject to any posted guidelines or rules applicable to such features which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by this reference into the TOS. Any new features later added to the Site that augment or enhance the current Site shall be subject to the TOS. The "Site" refers to the Hawkeye Communications, Inc. website, and all such pages, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials and content on the Site.
You understand and agree that the Site is provided "AS-IS" and that Hawkeye Communications, Inc. assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device, and you assume the entire cost of all necessary maintenance or repair relating to such equipment.
Using Hawkeye Communications, Inc.’s Site
While using the Site, you will not:
Post content or items in an inappropriate category or areas on the Site;
Violate any laws, third party rights, or Hawkeye Communications, Inc. policies;
Use the Swaptime portion of the Site to sell or purchase goods or services, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Hawkeye Communications, Inc.’s Site;
Circumvent or manipulate Hawkeye Communications, Inc.’s fee structure, the billing process, or fees owed to Hawkeye Communications, Inc.;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm Hawkeye Communications, Inc., or the interests or property of Hawkeye Communications, Inc. users;
Harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing the Site
Hawkeye Communications, Inc. works to keep the Site working properly and reserves the right to take any action it deems appropriate in response to potential abuse by Site users. Please report problems, offensive content, and policy violations to Hawkeye Communications, Inc..
Without limiting other remedies or otherwise incurring any obligation to pursue any given remedy, Hawkeye Communications, Inc. may limit, suspend, or terminate its service and user accounts, prohibit access to the Site, delay or remove hosted content, and take technical and legal steps to keep users off the Site if Hawkeye Communications, Inc. thinks that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of Hawkeye Communications, Inc. policies.
Fees and Services
Hawkeye Communications, Inc. reserves the right at any time to charge fees for access to any portion of the Site or the Site as a whole. Such fees, if any, will be posted in appropriate locations on the Site.
All information, content, services and software displayed on, transmitted through, or used in connection with the Site, including but not limited to news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection, layout and arrangement (collectively, the "Content"), is owned by Hawkeye Communications, Inc., and its affiliated companies, licensors and suppliers. Hawkeye Communications, Inc., its affiliated companies, licensors and suppliers, exclusively own all right, title and interest (including but not limited to all copyright interest) to such Content, with All Rights Reserved. You may use the Content solely for your occasional personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. No other use is permitted without prior written permission of Hawkeye Communications, Inc.. The permitted use described in this Paragraph is contingent on your compliance at all times with the TOS. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
The Site has been specially designed for presentation of Content in a unique format and appearance to our users. We are concerned about the integrity of our Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Site. Without limiting the provisions of the above paragraph, neither you nor any third party shall make use of the Content in any manner that constitutes an infringement of our rights, including copyright. You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in, or use the Content to construct, any database, compilation or archive. You may not modify, sell, publish, transmit, display or otherwise use in any public or commercial manner any portion of the Content. You may not frame or utilize framing techniques that involve any Content or portion of the Site or suggest any relationship between our Site and you without our express written consent. You may not scrape our Content or Site. You agree not to: decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or insert any code or product or manipulate the Content or Site in any way that affects the user's experience, or use any data mining, data gathering, or data mining extraction method with respect to the Content or Site, or use any cancelbots or Trojan horse in connection with your use of the Site.
Should you send any materials, ideas, or content of any nature, including but not limited to photographs and documents (collectively, "User Submission") to Hawkeye Communications, Inc., you do so with the understanding no additional consideration of any sort will be provided to you, and you are hereby waiving any claim against Hawkeye Communications, Inc. and its affiliates regarding the Use (as defined below) of any User Submission.
For any User Submission, you hereby grant Hawkeye Communications, Inc., its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such User Submission (or any part thereof), in any form, media, software or technology of any kind now existing or developed in the future (collectively, "Use"). Without limiting the generality of the previous sentence, you hereby authorize Hawkeye Communications, Inc. to share any User Submission in whole or in part with all affiliated companies and web sites, to include any User Submission in whole or in part in a searchable format accessible by users of Hawkeye Communications, Inc. and other companies and web sites, and to use in our discretion your name and any other information in connection with any Use of any User Submission you provide. You also hereby grant Hawkeye Communications, Inc. and its affiliates the right to Use any material, information, ideas, concepts, know-how or techniques contained in any User Submission you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
By providing any User Submission or communicating with Hawkeye Communications, Inc., including, for example, communication on any bulletin board, forum, message or chat area, posting any content, placing any advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to any User Submission you provide and the rights to Use it and provide it to us as provided in the TOS; (2) all information you provide is true, accurate, current and complete, and does not violate the TOS; and, (3) any Use of any User Submission provided by you will not cause injury to or violate the rights of any person or entity.
No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Modifications to Site
Hawkeye Communications, Inc. reserves the right at any time and from time to time to modify, restrict, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or liability. You hereby agree that Hawkeye Communications, Inc. shall not be liable to you or to any third party for any modification, restriction, suspension or discontinuance of the Site (nor any part thereof). In addition, Hawkeye Communications, Inc. may at any time transfer rights or obligations hereunder to any affiliate or business unit, or any of their affiliated companies or divisions, or any entity that acquires Hawkeye Communications, Inc. or any of its assets.
Hawkeye Communications, Inc. views protection of users' privacy as a very important principle and any personal information submitted by you will be used only for Hawkeye Communications, Inc. purposes. Hawkeye Communications, Inc. does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
You agree that Hawkeye Communications, Inc., in its sole discretion, may terminate your use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, if Hawkeye Communications, Inc. believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of the TOS. You hereby agree that any termination of your access to the Site under any provision of the TOS may be effected without prior notice, and hereby acknowledge and agree that Hawkeye Communications, Inc. may immediately deactivate or delete your account and all related information and/or bar any further access to the Site. Further, you hereby agree that Hawkeye Communications, Inc. shall not be liable to you or any third-party for any termination of your access to the Site.
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hawkeye Communications, Inc. has no control over such sites and resources, you hereby acknowledge and agree that Hawkeye Communications, Inc. is not responsible or liable for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hawkeye Communications, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Hawkeye Communications, Inc.’s Proprietary Rights
You hereby acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable copyright, intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hawkeye Communications, Inc. or (if applicable) its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND HEREBY AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hawkeye Communications, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE OF TRADE OR COURSE OF DEALING.
Hawkeye Communications, Inc. MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OR CONTENT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL REVIEWED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE SUITABLE FOR YOUR NEEDS, AND (V) ANY ERRORS IN THE CONTENT, SITE OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD Hawkeye Communications, Inc. HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Hawkeye Communications, Inc. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hawkeye Communications, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hawkeye Communications, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS, DATA, INFORMATION OR SERVICES REVIEWED, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. REGARDLESS OF WHETHER ANY REMEDY OR WARRANTY (IF ANY) PROVIDED BY THE TOS OR BY OPERATION OF LAW FAILS OF ITS ESSENTIAL PURPOSE, THE CUMULATIVE MAXIMUM RECOVERY AGAINST Hawkeye Communications, Inc., ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, FOR ANY CLAIM OF ANY NATURE DIRECTLY OR INDIRECTLY RELATING TO THE TOS, THE SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO ANY USE OF, OR INABILITY TO USE THE SITE, OR CONTENT, SHALL NOT EXCEED THE FEE (IF ANY) ACTUALLY PAID BY THE CLAIMANT TO Hawkeye Communications, Inc. FOR THE SPECIFIC ONE-TIME USE OF THAT PORTION OF THE SITE OR MATERIAL AT ISSUE. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS PARAGRAPH SHALL SURVIVE ANY TERMINATION OF THE TOS.
If you have a dispute with one or more users based on their actions or inactions, you release Hawkeye Communications, Inc. (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You acknowledge that Hawkeye Communications, Inc. is not involved in actual transactions that may transpire between users of the Swaptime portion of the Site. Hawkeye Communications, Inc. has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You acknowledge that Hawkeye Communications, Inc. is not involved in actual transactions that may transpire between users of the Swaptime portion of the Site. Hawkeye Communications, Inc. has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. You agree to indemnify and hold Hawkeye Communications, Inc., its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of your access or use of the Site, your connection to the Site, your violation of the TOS, your violation of applicable law, or any rights of another. You agree to cooperate as fully as reasonably required in the defense of any such claim.
The TOS constitute the entire agreement between you and Hawkeye Communications, Inc. and govern your use of the Site, superceding any prior agreements, terms or understandings between you and Hawkeye Communications, Inc., whether written or oral. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and Hawkeye Communications, Inc. shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions. With respect to any claim or suit directly or indirectly relating to your use of the Site or any of the TOS, you hereby agree to accept service of process and submit to the personal and exclusive jurisdiction and venue of the courts located within Page County, Iowa, and you hereby waive any objections thereto.
The failure of Hawkeye Communications, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision and Hawkeye Communications, Inc. does not guarantee it will take action against all breaches of the TOS.
If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You hereby agree that regardless of any statute or law to the contrary, any claim or cause of action directly or indirectly arising out of or related to use of the Site, Content or the TOS must be filed in a federal or state court within Page County, Iowa within three (3) months after the earliest date on which any event, act or omission giving rise to such claim or cause of action first began or such claim shall be forever barred and you hereby agree such claim is forever waived. You and Hawkeye Communications, Inc. hereby irrevocably waive any and all right to trial by jury directly or indirectly arising out of or relating to matters covered by the TOS or your actual or attempted use or access of the Site (including but not limited to any matters relating to content on the Site).
Hawkeye Communications, Inc. shall be excused from any performance or obligation to the extent of any delay or interference by factors beyond its reasonable control, including but not limited to acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
The section titles in the TOS are for convenience only and have no legal or contractual effect.