Terms of Use

Date Posted: February 8, 2023

These Terms of Use (“Terms”) govern your use of GuardianGazette.com(“Site”), By using the Site or Services, you agree to these Terms.  We reserve the right to make changes to the Site and these Terms at any time.  The changes will be posted here and enforced from the date of the revision posting forward without further notice to you.  The posted Privacy Policy describes our collection and use of all information provided by you or collected by us throughout our website and is incorporated by reference.  We are located in the United States of America and your use of our Website is governed by the laws of the United States.  The information provided may not be appropriate or available for use in other jurisdictions.  If you access or use our Website from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.  You must be at least 16 years old to use the Site or any services or products provided on or through the Site.

THESE TERM HAVE AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES AND RESTRICTS YOU FROM CLASS ACTION PARTICIPATION.  IT ALSO HAS TERMS WHICH LIMIT OUR LIABILITY.  PLEASE REVIEW CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1. Our Services and Your Participation.

We provide updated and interesting information on our Site through our posted news, articles, and blogs.  We own or have licensed all content and information we post on the Site.  You may copy and reproduce our content for your own non-personal use but you may not use it for any commercial use.  If you provide us with an article or content, such as posting comments, photos or submitting information intended to be posted on our Site, you own the content, but have provided us a license or permission to use, copy, display and publisher your content on the Site and in our marketing and newsletters.  As such, we may display your content to be viewed by others and we may use it to advertise and promote the Site or other commercial and marketing purposes.  You agree that use of your content is royalty-free, and we do not owe you any revenue or other benefits from using your content.  Your license to us is intended by you to last as long as we use the content.

Because of our use of your content, you agree that you provide us only content in which you own all rights to the content and that you have authority to provide it to us to use in the manner described in this section.  You also represent and warrant that your content does not violate or infringe on the  intellectual property, privacy, publicity, or other legal rights of any third party.

We will use your content in our sole discretion and we may not accept or use your content.  We may remove your content any time and for any reason.  

2. Use of the Site and any Services.

You are responsible for your use information, services or products found through links on the Site.  The news articles, opinion blogs, links, services and products found throughout our Site are all owned by third parties and we have no control and therefore no liability for these links, services, or products.  These are put on the Site for your convenience and to generate ad revenue for us to continue our publication of informational articles, news, and blogs.  We do not endorse any of the services or products found through the links.  You use these links and purchase products and services at your own risk. 

3. Prohibited Conduct.

Our goal is to create a safe and informed platform to express all different types of opinions.  To promote this goal, we prohibit certain conduct that may be harmful to other users or to our reputation.  When you use the Site or Services, you may not: (a) violate any law or regulation; (b) violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights; (c) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (d) transmit any malicious or unsolicited software; (e) stalk, harass, or harm another person or entity; (f) impersonate or misrepresent your affiliation with another person or entity; (g) use malicious code to “scrape,” “crawl,” or “spider” any pages contained in the Site; or interfere with or disrupt the Site.

4. Accuracy of Information.

We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Site.  We are not liable for any loss or damage that might arise from your reliance on any content available on or through the Site or Services.  Use the Content at your own risk.

5. Digital Millennium Copyright Act.

We respect the intellectual property rights of others.  If notified of a violation of another party’s intellectual property rights, we will remove the offending content.  If you believe your work has been copied in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• identification of the claimed infringing material reasonably sufficient to permit us to locate the material on the Site.
• information reasonably sufficient to allow us to contact you, such as an address, telephone number, and, if available, an email address.
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or by law.
• a statement by you, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• your physical or electronic signature.

We will be in contact with you within thirty (30) days of receipt of your notice or sooner if possible.  We appreciate your authorship and ownership of your intellectual property and we will work with you to address all of your concerns.

6. Disclaimer of Links.

Our Site may contain links to other third party’s websites.  As described above, this does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third party Web site.  You should always read the terms and conditions and privacy policy of a third party Web site before using it.

7. Termination.

We reserve the right not to provide the Site to any user.  We also reserve the right to terminate any user’s right to access the Site at any time, in our sole discretion and for any reason.  Certainly, if you violate any of these Terms, our permission to use the Site automatically terminates.

8. Disclaimer and Limitations on Our Liability.

YOU USE THE SITE AT YOUR OWN RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY THIRD PARTY WEBSITE OR RESOURCE ACCESSED THROUGH A LINK ON THE SITE.  WE HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON THE SITE OR OUR EMAILS TO YOU.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SITE OR ANY LINKED WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO USE OF THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.

9. Indemnification.

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) provision and use of your content; (b) the use or distribution of any portion of the Site by you; (c) the violation of these Terms of Use by you; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you.  We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  If we assume the defense, you will reasonably cooperate with us in such defense.

10. Dispute Resolution and Governing Law.

These Terms will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any conflict of laws rules or provisions.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this Section 10.  If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute.  The arbitration shall be initiated and conducted according to the JAMS Comprehensive Arbitration Rules and Procedures in effect as of the date of such dispute, including the Optional Appeal Procedure provided for in such rules (“Arbitration Rules”).  The arbitration shall be conducted in in Minnesota before a single neutral arbitrator appointed in accordance with the Arbitration Rules.  The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms.  

No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.  ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.  The arbitrator shall not have the power to award punitive damages against any party.

11. Waiver and Severability of Terms.

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms 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 Agreement remain in full force and effect.

12. Entire Agreement.

This Agreement constitutes the entire agreement between you and us and governs your use of the Site, superseding any prior agreements.  If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. 

13. Electronic Communications.

When you visit our Site or send email to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.