Terms of Use Agreement
This site (SDPublicNotices.com), which serves as a repository for public notices in South Dakota, is a statewide website established and maintained by the South Dakota News Media Association. This site allows South Dakota newspapers to publish online public notices that first appear in their print newspaper editions. SDNA provides the SDPublicNotices.com website as a public service to make public notices easily accessible on the internet.
Disclaimers and Terms of Use
These disclaimers and terms of use ("terms") explain the contractual agreement between you and SDNA regarding your use of the site SDPublicNotices.com. SDNA provides the site in an effort to make public notices easily accessible in South Dakota. SDNA provides access to the site free of charge to members of the public and at no additional cost to government.
1. ACCEPTING & UPDATING THESE TERMS
By using the site, you agree to these terms. SDNA may update these terms from time to time. The updated terms shall be effective once posted. If you have any questions about these terms or the site, please contact SDNA at admin@sdpublicnotices.com. Subject to your compliance with the terms, SDNA grants you a non-exclusive, non-transferable, terminable, limited right to access and use this site for your personal, non-commercial use only.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any content on the site for commercial purposes; (b) not to alter the site content in any manner or use such site content in a manner not authorized by the terms; (c) not to interrupt or attempt to interrupt the operation of this site in any way; and (d) except with SDNA’s written consent, not to frame, link, associate with advertisements or commercially exploit this site or site content.
2. THIRD PARTY CONTENT
The site consists of public notices submitted by newspapers in South Dakota. Because content is submitted by third parties directly, SDNA exercises no control over that content or its accuracy, nor does SDNA assume any responsibility for the timely publication of these notices. You agree that SDNA shall not be responsible or liable for any loss caused or alleged in connection with use of the site.
South Dakota newspapers are not required by law to upload notices to this site. SDNA reserves a right to charge these newspapers a fee to upload these notices. Any newspaper uploading notices agrees to pay any applicable upload fees as established and modified by the SDNA Board from time to time.
3. DISQUALIFICATION AND TERMINATION
You agree that SDNA, in its sole discretion, may disqualify you from using the site if SDNA believes that you have violated or acted inconsistently with the terms of use. SDNA shall not be liable to you or any third party for termination of your access to the site.
4. PRIVACY
Except for Smart Search subscribers, SDNA does not collect names or addresses of site users. Unless required by law, SDNA does not sell, rent or barter mailing lists of users or disclose users' names, addresses or other personally identifying information.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS IS." SDNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED BY WAY OF THE SITE SHALL CREATE ANY WARRANTY BINDING SDNA.
6. INDEMNIFICATION
You agree to indemnify and hold SDNA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorneys' fees, made by any third party arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the site.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SDNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (d) ANY OTHER MATTER RELATING TO THE SITE. UNDER NO CIRCUMSTANCES SHALL SDNA BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE USE OF THE SITE.
8. GOVERNING LAW & JURISDICTION
The site is compiled and made available to the public by SDNA from its offices in Lincoln, South Dakota. If you choose to access this database from outside South Dakota, you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the site shall be governed by South Dakota law.
9. OTHER GENERAL PROVISIONS
These terms constitute the entire agreement between SDNA and you and govern your use of the site, superseding any prior agreements between you and SDNA. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. SDNA’s failure to act with respect to a breach by you or others does not waive SDNA’s right to act with respect to subsequent or similar breaches. By using the site, you represent that you can form legally binding contracts. These terms and all writings incorporated by reference into the terms set forth the entire agreement between us with respect to the public notice database.