Welcome to Beyond the Barbed Wire, a website and web application hosted at www.beyondbarbedwire.org ("Site"), operated by Friends of Minidoka ("we," "us," "our"). By accessing or using our Site, you agree to comply with and be bound by the following terms and conditions ("Terms"). If you do not agree to these Terms, please do not use the Site.
Terms and Conditions Agreement for Beyond the Barbed Wire
Effective Date: September 1, 2024
1. Acceptance of Terms
By using our Site, you confirm that you have read, understood, and agree to be bound by these Terms. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.
2. Use of the Site
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of others or restrict or inhibit anyone else's use of the Site. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Site.
3. Unacceptable Behavior
We expect all users of the Site to engage respectfully and responsibly. Unacceptable behavior includes, but is not limited to:
Harassment: Any form of harassment, including offensive comments related to race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
Disruption: Attempting to disrupt the normal operation of the Site, including submitting spam, viruses, or other harmful software through the "Contact Us" form.
Impersonation: Impersonating another person or misrepresenting your affiliation with any person or entity.
Illegal Activities: Engaging in or promoting any illegal activities through the Site.
Content Misuse: Submitting or sharing any content that is obscene, defamatory, or otherwise violates the rights of others via any communication channels on the Site.
We reserve the right to remove content and/or ban users who engage in unacceptable behavior without prior notice.
4. Intellectual Property
All content on the Site, including but not limited to text, images, graphics, logos, videos, and software, is the property of Friends of Minidoka and is protected by copyright, trademark, and other intellectual property laws. Certain content, where specified, may belong to third parties and is used on this Site with permission. You may not use, reproduce, distribute, or create derivative works from any of the content on the Site without our express written permission or, where applicable, the permission of the third-party rights holders.
Copyright: Friends of Minidoka retains all copyright over branding, logos, and other significant business features, including but not limited to the domain name www.beyondbarbedwire.org. Unauthorized use of any copyrighted material is strictly prohibited.
Trademarks: The trademarks, logos, and service marks displayed on the Site are the registered and unregistered trademarks of Friends of Minidoka. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.
5. User-Generated Content
If you submit or post content on the Site, you grant Friends of Minidoka a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content on the Site and in any media.
6. Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by Friends of Minidoka. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Friends of Minidoka is not responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services available on or through any such websites or services.
7. Disclaimers
The Site is provided on an "as-is" and "as-available" basis. Friends of Minidoka makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Friends of Minidoka shall not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions.
10. Arbitration Agreement
Agreement to Arbitrate: By using the Site, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or the services provided by Friends of Minidoka shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Arbitration Procedures: Arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Boise, Idaho, and the arbitrator's decision shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Friends of Minidoka. Arbitration shall be conducted only on an individual basis, and neither you nor Friends of Minidoka may seek to bring claims as a plaintiff or class member in any purported class, collective, or representative proceeding.
Costs and Fees: Each party shall bear its own costs and attorneys' fees, and the parties shall share the fees and expenses of the arbitrator equally, unless the arbitrator determines that the costs and fees shall be otherwise allocated.
Exceptions: Notwithstanding the above, Friends of Minidoka may seek injunctive or other equitable relief in a state or federal court to enforce its intellectual property rights, and you agree to submit to the jurisdiction of such courts for such purposes.
Severability: If any portion of this arbitration clause is found to be unenforceable, the remainder will remain in full force and effect.
Contact Us
If you have any questions about these Terms, you may contact us using the information below.