Terms and Conditions of Use
1.1 The terms “us” or “we” or “our” refers to Yakama Nation General Council, the owner of this website. The term “you” or “user” is someone who has registered with website. The term “this Agreement” refers to these terms and conditions which govern use of our website.
1.2 THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS that limits our liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing our website constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit our website immediately and do not use, access and/or browse it any further.
2.1 Access to certain areas of our website is restricted. We reserve the right to restrict access to our whole website at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
2.2 To be eligible for an individual account on our website under this Section 6, you must [be at least 18 years of age and an enrolled member of the Yakama Nation].
2.3 You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].
2.4 You must not allow any other person to use your account to access the website.
2.5 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
2.6 You must not use any other person’s account to access the website.
III. Copyright Notice and License to Use Website
3.1 Unless otherwise stated, we own and control all the copyright and other intellectual property rights in our website and the material on our website. Subject to the license below, all these intellectual property rights are reserved.
3.2 We grant you a non-exclusive, non-transferable, revocable license to access and use our website and services strictly in accordance with this Agreement. Your use of our website is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print our or electronic version of any part of our website or services may be used by you in any litigation or legal matter whatsoever under any circumstances.
3.3 You may only use our website for your [own personal and purposes], and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.1 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4.2 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
subject to the restrictions set out below and elsewhere in these terms and conditions.
4.3 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].
4.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose;
(e) use data collected from our website to contact individuals, companies or other persons or entities; or
(f) redistribute material from our website.
5.1 If you register for an account with our website, we will provide you with a user ID and password.
5.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8; you must not use your account or user ID for or in connection with the impersonation of any person.
5.3 You must keep your password confidential.
5.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
5.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
6.1 We may suspend your account, cancel your account, and/or edit your account details at any time in our sole discretion without notice or explanation.
6.2 You may cancel your account on our website at any time.
VII. Your Content: License
7.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and publish your content on and in relation to this website and any successor website] OR
7.3 You may edit your content to the extent permitted using the editing functionality made available on our website.
7.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
VIII. Your Content: Rules
8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be untrue, false, inaccurate, misleading, or otherwise libelous or maliciously false;
(b) be obscene, offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
(c) be pornographic, lewd, suggestive or sexually explicit, or depict violence in an explicit, graphic or gratuitous manner;
(d) infringe on any right of privacy;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(h) constitute spam; or
(i) infringe any copyright, database right, trade mark right, design right, right in passing off, or other intellectual property right.
9.1 We do not represent or otherwise warrant that our website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our website will be correct, accurate, timely or otherwise reliable.
9.2 We may make changes to the features, functionality or content of our website or services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our website or services.
9.3 We reserve the right to discontinue our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.4 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
10.1 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.2 We will not be liable to you for your use of our website or services that results in any losses or damages of any nature, including, but not limited to:
(a) business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
(b) any loss or corruption of any data, database or software;
(c) any special, indirect or consequential loss or damage; or
(d) loss or damage arising out of any event or events beyond our reasonable control.
10.3 You accept that we have an interest in limiting the personal liability of our General Council Executive Officers, employees and staff, and having regard to that interest, you agree that you will not bring any claim personally against or General Council Executive Officers, employees or staff for any losses you suffer in connection with the website or these terms and conditions.
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
11.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including creating and/or using a different account.
12.1 We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
12.2 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
XIV. Third-Party Rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15.1 These terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
XVI. Law and Jurisdiction; Dispute Resolution
16.1 You agree to comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our website, content and services.
16.2 The validity, interpretation, and performance of these terms and conditions shall be governed by and construed in accordance with the laws of the Yakama Nation without regard to conflict of law principles. This Agreement is deemed executed in Toppenish, Washington. You agree that acceptance of this Agreement is your consent to Yakama Tribal Court jurisdiction for any disputes arising under these terms and conditions. Venue of any court action filed to enforce or interpret the provisions of this Agreement shall be exclusively in the Yakama Nation Tribal Court(s).
16.3 In the event that a dispute arises over the your use (or another user’s use) of our website or our services, the aggrieved party shall submit the matter, in writing, to [the Chairman of the Yakama Nation General Council. The decision of the Chairman shall be final and binding. In the event that the Chairman has a conflict of interest that would prevent the Chairman from issuing a decision on the dispute, the Chairman may decline to hear the dispute and appoint an alternate Tribal Leader or Elder to resolve the dispute.
16.4 Our failure to enforce any provision of this these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
XVII. Sovereign Immunity.
Notwithstanding any other terms or provisions of this Agreement, you understand and agree that Yakama Nation, by virtue of any of the terms and conditions of this Agreement, does not waive its sovereign immunity from suit, nor does it waive, alter, or otherwise diminish its sovereign rights, privileges, remedies, or services guaranteed by the Treaty with the Yakamas of 1855 (12 Stat. 951).
XVIII. Our Details
18.1 This website is owned and operated by Yakama Nation General Council.
18.2 Our principal place of business is at [address].
18.3 You can contact us:
(a) by mail, using the postal address PO Box 151, Toppenish, WA 98948
(b) using our website contact form;
(c) by telephone, on 509-865-5121;