Definitions

tribalbusinessnews.com is the website maintained by Indian Country Media, LLC (referred to here as “Tribal Business News”). As used in these Terms of Use:

“Site” means the website located at tribalbusinessnews.com and any subscription content, research, databases or other services made available through it.

“User” means any person who accesses the Site.

“Subscriber” means an individual or organization that has paid a fee to access editorial content, research, databases or other information provided by Tribal Business News.

“Individual Subscription” means a subscription purchased for use by one individual and any other persons expressly permitted under the applicable subscription plan.

“Group Subscription” means a subscription purchased by a business, government agency, tribal government, educational institution, nonprofit organization or other entity for use by a specified number or category of Authorized Users.

“Organization” means the entity that purchases or otherwise holds a Group Subscription.

“Authorized User” means an employee, officer, member or other individual whom an Organization has authorized to use its Group Subscription, subject to the number of users and any other limitations stated in the applicable order, invoice, proposal or subscription agreement.

“Access” means viewing, downloading or otherwise obtaining or requesting information through the Site.

Acceptance of Terms

By accessing the Site via the Internet or any other medium, User accepts and agrees to all conditions imposed in these Terms of Use.

Tribal Business News reserves the right to modify these Terms of Use at any time without prior notice to User. Any change in these Terms of Use is effective immediately upon User's receipt of notice from Tribal Business News. Notice can be given through e-mail, a posting of the revised Terms of Use on the Site, or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms of Use.

Tribal Business News has the exclusive right to control the accessibility, hours of use, and the features on the Site. Tribal Business News can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. Tribal Business News reserves the right to monitor use of the Site.

User is solely responsible for providing the equipment used to access the Site, including all computer equipment, remote communications equipment, telephone or other equipment.

Privacy

User should review the Privacy Policy for this site, which is incorporated by reference into these Terms of Use.

Accessing the Site

Some content may be available to Users who visit the site, based solely on the decisions of Tribal Business News.  The majority of content will be behind an electronic “paywall” that requires a User to become a Subscriber.  In order to gain access to the Site, you must register and create a login and password. You can do this online by completing the registration form on the applicable page. In our registration form we ask you to submit your name, address, telephone number, and e-mail address.

You will be asked for credit card information for payment of the subscription fee. An Individual Subscription may be used only by the individual Subscriber and members of the Subscriber’s immediate household, provided that the Subscriber remains responsible for all use of the account and the account is not shared with anyone outside that household.  A Group Subscription may be used only by its Authorized Users and is subject to the terms below and any additional limitations stated in the applicable order, invoice, proposal or subscription agreement.

Group Subscriptions

An Organization purchasing a Group Subscription may provide access to the number or category of Authorized Users specified in the applicable order, invoice, proposal or subscription agreement. Unless Tribal Business News agrees otherwise in writing, each Authorized User must be associated with the subscribing Organization and must have a separate account and individual login credentials.

The Organization is responsible for designating its Authorized Users and ensuring that their use of the Site complies with these Terms of Use. The Organization must promptly notify Tribal Business News when an Authorized User is no longer eligible for access. The Organization may reassign an account to a replacement Authorized User, subject to reasonable administrative and security procedures established by Tribal Business News.

Login credentials are personal to the Authorized User to whom they are issued and may not be shared. An Authorized User may not permit another person to access the Site using that Authorized User’s credentials. The Organization and its Authorized Users must take reasonable steps to protect their accounts and promptly notify Tribal Business News of any suspected unauthorized access, disclosure or use.

Authorized Users may access and use subscription content for the Organization’s internal business, governmental, educational or nonprofit purposes. Authorized Users may share links to Site content and may share reasonable excerpts or individual downloaded or printed copies with other Authorized Users covered by the same Group Subscription.

Unless Tribal Business News provides prior written permission, a Group Subscription does not permit an Organization or Authorized User to:

• provide Site access or subscription content to individuals who are not Authorized Users;
• publish, post, distribute or transmit complete articles, reports, database records or other subscription content outside the Organization;
• create a shared archive, repository, database or other collection of subscription content;
• systematically download, scrape, harvest or extract Site content;
• use automated systems to circumvent access controls or subscription limitations;
• use Site content to train, develop or improve an artificial intelligence or machine-learning system; or
• resell, sublicense or commercially redistribute Site content.

Reasonable quotations, citations and references to Tribal Business News reporting are permitted when accompanied by appropriate attribution and when otherwise allowed by applicable law. Nothing in a Group Subscription transfers ownership of Tribal Business News content or grants rights beyond those expressly stated in these Terms.

Tribal Business News may monitor account activity for subscription administration, security and enforcement of these Terms. If Tribal Business News reasonably believes that credentials have been compromised or that an account presents a security threat, Tribal Business News may temporarily suspend the affected credentials while investigating the matter. When reasonably practicable, Tribal Business News will notify the Organization and work with it to restore authorized access.

The specific number of Authorized Users, subscription period, price and any additional usage rights will be stated in the applicable order, invoice, proposal or subscription agreement. If such a document expressly conflicts with this Group Subscriptions section, the expressly negotiated document will control for that Group Subscription. For a United States government subscription, any executed federal rider or addendum will control to the extent it conflicts with these Terms of Use.

Responsibility for User Accounts

It is your responsibility to keep your login credentials confidential and secure. Please do not share your credentials with others. Anyone who has your login credentials can access our services and freely obtain or tamper with any information posted in your account. By subscribing to Tribal Business News, you agree to accept responsibility for all activities that occur at the Site under your registration account. Tribal Business News reserves the right, in its sole discretion, to refuse service or terminate your account.

Copyrights and Trademarks

All content on the Site (with the exception of content that may be provided by Tribal Business News's third party content providers or materials submitted by Users) is the copyrighted property of Tribal Business News. Other than the download to the viewer's computer that is inherent in viewing a web page, Site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of Tribal Business News. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Site. Any third party trademarks and content appearing on the Site are the property of their respective owners. You are not permitted to use any of these third party trademarks or content without permission of the respective owners.

Users submitting their own content on the Site pursuant to the terms of these Terms of Use (including but not limited to profile information and submissions such as press releases, news tips, and announcements) retain the copyright in such material, but they are deemed to have given Tribal Business News a license to use the material in any media or format, including online formats, which means that Tribal Business News can, among other things, copy the material for backup and archival purposes, display it on the Site, allow viewers to view it (including by downloading a copy to the viewer's machines), edit it, use it marketing materials and advertising, or provide it to other news organizations. This license is perpetual, irrevocable, worldwide, transferable in whole or in part, and fully-paid up. Tribal Business News also has the right to remove User-submitted content from the Site at any time for any purpose.

Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

• Use any device or other means to harvest information about other Users.
• Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
• Transmit, install, upload or otherwise transfer any virus or other item to the Site that in any way affects the use, enjoyment or service of any User's or Tribal Business News employee's computer or other medium used to access the Site.
• Submit any material to the Site that is offensive to any other User. Tribal Business News maintains the exclusive right to determine what is offensive.
• Submit to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
• Modify the information, including headers, found on the Site.
• Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication.
• Engage in any action which Tribal Business News determines is detrimental to the use and enjoyment of the Site.
• Use the Site for any unlawful or defamatory means.
• Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

Disclaimer of Warranties

Tribal Business News endeavors to provide accurate and timely information. However, Tribal Business News does not warrant or guarantee that any content available through the Site will be error-free, complete, current or suitable for any particular purpose.

The Site and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Tribal Business News disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Tribal Business News does not warrant that the Site will always be available, uninterrupted, secure or free from viruses, harmful code or other technical problems. Tribal Business News also does not warrant the accuracy, reliability or availability of content, products, services or websites provided by third parties or reached through links on the Site.

This Disclaimer of Warranties describes the basis on which the Site and its content are provided. It is independent of and severable from the Limitation of Liability below.

Limitation of Liability

To the fullest extent permitted by applicable law, Tribal Business News and its affiliates, officers, employees, agents, assigns and third-party content providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages arising from or related to the use of, inability to use or reliance upon the Site or its content. This exclusion includes, without limitation, lost profits, lost revenue, lost business opportunities and loss of or damage to data, even if Tribal Business News has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, Tribal Business News will not be liable for loss or injury resulting from unauthorized access, telecommunications failures, malicious code, the conduct of other Users, or the criminal, tortious or negligent acts or omissions of third parties.

For a subscription purchased by the United States government, this Limitation of Liability applies only to the extent permitted by federal law and any applicable federal rider, addendum, purchase order or subscription agreement. Any modification or replacement of this Limitation of Liability for a United States government subscription will not modify or eliminate the separate Disclaimer of Warranties above unless the controlling federal document expressly states otherwise.

Third Party Content

Tribal Business News is not the publisher or speaker of any information on the Site that is provided by third party content providers or by Users, and Tribal Business News is not liable for any claims related to that information. Any mention on the Site of products or services provided by third parties, including any advertisement or sponsored content found on the Site, is for informational purposes only and constitutes neither an endorsement nor a recommendation by Tribal Business News. Tribal Business News assumes no responsibility for those advertisements, products or services. Any dealings among any User and any third parties mentioned on or found through the Site (including through classified advertising) are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.

Tribal Business News MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY AN ADVERTISER, THIRD PARTY CONTENT PROVIDER TO USER VIA THIS SITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION ON ANOTHER SITE. ADDITIONALLY, Tribal Business News DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

Indemnification

User agrees to defend, indemnify and otherwise hold harmless Tribal Business News and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's use of the Site.

Security

Users are prohibited from violating or attempting to violate the security of the Site. Tribal Business News will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

Termination of Terms of Use

Tribal Business News may terminate these Terms of Use at its discretion. In addition to Tribal Business News's other rights, Tribal Business News may terminate access to this site or cancel membership to any service that Tribal Business News provides on the Site, if User breaches the Terms of Use in any way or engages in conduct that Tribal Business News deems inappropriate. In the event of termination of the Terms of Use, the provisions in this paragraph and the provisions found under the captions "Copyright and Marks," "Prohibited Conduct," "Disclaimer and Limitation of Liability," "Third Party Content," "Indemnification," "Security" and "Miscellaneous" shall survive.

Refunds

User may cancel their Tribal Business News subscription in writing to info@indiancountrymedia.com or by using the Cancel Account option in their Account Dashboard. Refunds will be provided, on a pro-rata basis, only where User has less than six months of their annual subscription remaining. Tribal Business News reserves the right to retain at least six months of the annual subscription fee for administration and other costs.

Copyright Protection

Except as expressly permitted under the Group Subscriptions section or otherwise authorized in writing by Tribal Business News, Site content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, framed on another site or distributed.

Tribal Business News honors the intellectual property rights of others and asks the same of Users of the Site. Tribal Business News may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Tribal Business News with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tribal Business News to identify the material;
• Information that is reasonably sufficient to permit Tribal Business News to contact the complaining party, such as address, telephone number and, if available, e-mail address;
• A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Tribal Business News can be contacted at:

PO Box 1629
Grand Rapids, MI 49501
(616) 229-0649
Email: accounting@indiancountrymedia.com

Miscellaneous

These Terms of Use constitute the entire agreement between Tribal Business News and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Tribal Business News and User dealing with the subject matter hereof is superseded. If any portion of these Terms of Use is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of these Terms of Use, Tribal Business News may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Tribal Business News's remedies are cumulative and not exclusive. Failure of Tribal Business News to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action by User arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Tribal Business News makes no representation that the content of the Site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of Kent County, Michigan USA, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in Michigan, USA, or where applicable, the relevant United States Court, and each User consents to exclusive jurisdiction and venue in such courts for such purpose.