PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 05/07/2024.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Shop Alaska, located at 17035 N Eagle River Loop Rd, Eagle River, Alaska 99577, and our subsidiaries and affiliates in association with the use of the website, which includes shopalaska.com (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Provide a local online network exclusively for Alaskan businesses, nonprofits, and other
organizations to showcase their products and/or services.
Any and all visitors to our site, whether registered or not, shall be deemed as “users” of the Services provided for the purpose of this TOS. Once an individual registers for our Services through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Shop Alaska. At its discretion, Shop Alaska may offer additional website Services and/or products or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Shop Alaska reserves the right to cancel and cease offering Services and/or products. As the end user and/or member, you acknowledge, accept, and agree that Shop Alaska shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/ or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services. Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided “AS IS,” and as such, Shop Alaska shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or failure to store user content, communication, or personalization settings.
REGISTRATION
To register and become a “member” of the Site, you must be at least 18 to enter and form a legally binding contract. In addition, you must be in good standing and not an individual previously barred from receiving Services under the laws and statutes of the United States or other applicable jurisdictions.
When you register, you may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, and personal interests. You can edit your account information at any time. You will no longer be anonymous once you register with us and sign in to our Services.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information to maintain accuracy and completeness.
If anyone knowingly provides any information that is false, untrue, inaccurate, or incomplete, Shop Alaska will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement and, as such, refuse any and all current or future use of Shop Alaska Services or any portion thereof. It is Shop Alaska’s priority to ensure the safety and privacy of all its visitors, users, and members, especially those of children. Therefore, it is for this reason that the parents of any child under the age of 13 who permit their child or children access to the website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, she/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. The parent’s and/or legal guardian’s responsibility is to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
The Shop Alaska, Online Privacy Policy, strictly protects all member’s registration data and other personal information (see the full Privacy Policy at https:// shopalaska.com/privacy-policy/). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, or use by Shop Alaska and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Shop Alaska immediately if you notice any unauthorized access, use of your account, password, or any other security breach. Shop Alaska shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by the Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by using our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by .
Furthermore, you herein agree not to make use of Shop Alaska’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c)impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d)forging captions, headings, or titles or otherwise offering any content that you personally have no right to according to any law nor having any contractual or fiduciary relationship with;
e)uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f)uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer according to any law or under any contractual or fiduciary relationship;
g)uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h)uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs that have been designed to interfere, destroy, and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
j)interfering with or disrupting any Shop Alaska Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k)intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” by Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing personal data relating to any other member or user concerning the prohibited conduct and/or activities outlined in the aforementioned paragraphs.
Shop Alaska reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or otherwise be considered offensive to other visitors, users, and/or members.
Shop Alaska herein reserves the right to access, preserve, and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content violates the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property, or personal safety of Shop Alaska, its visitors, users, and members, including the general public.
Shop Alaska herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and/or material is subject to usage guidelines and regulations established by Shop Alaska or any other content providers supplying content services to Shop Alaska. You are prohibited from attempting to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using shopalaska.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, and uploading files, photos, and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you acknowledge that this Service’s use shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the internet’s global nature, through our network, you hereby agree to comply with all local rules relating to online conduct that are considered acceptable Content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/ sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/ liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology, or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer, or upload any software, technology, or other technical data that would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Shop Alaska shall not claim ownership of any content submitted by any visitor, member, or user nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Shop Alaska the below listed worldwide, royalty-free and non-exclusive licenses, as applicable
a) The content submitted or made available for inclusion on the publicly accessible areas of Shop Alaska’s sites, the license provided to permit the use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Shop Alaska’s sites and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Shop Alaska’s sites, the license provided to permit the use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Shop Alaska’s sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Shop Alaska’s sites, the continuous, binding, and completely sub-licensable license is meant to permit the use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas of Shop Alaska’s sites that may be deemed “publicly accessible” are those areas of our network properties that are meant to be available to the general public. These would include message boards and groups that are openly available to both users and members. However, those areas that are not open to the public and thus available to members only would include our mail system and instant messaging.
CONTRIBUTIONS TO THE COMPANY WEBSITE
Shop Alaska provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions, and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of and
e) is under no obligation to compensate or provide any form of reimbursement.
INDEMNITY
All users and/or members herein agree to insure and hold Shop Alaska, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, or exploit for any commercial reason any part, use of, or access to its sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Shop Alaska may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by Shop Alaska, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Shop Alaska’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period. In addition, you also agree that Shop Alaska has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period.
Furthermore, Shop Alaska shall reserve the right to modify, alter, and/or update these general practices and limits at our discretion. Any messenger service, including any web-based versions, shall allow you and the individuals you communicate with to save your conversations in your account on Shop Alaska’s servers. In this manner, you can access and search your message history from any computer with internet access. You also acknowledge that others can use and save conversations with you in their personal account on shopalaska.com.
Your agreement to this TOS establishes your consent to allow Shop Alaska to store any and all communications on its servers.
MODIFICATIONS
Shop Alaska reserves the right to modify, alter, and/or discontinue, whether temporarily or permanently, our service or any part thereof at any time it may deem fit, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Services or any part thereof.
TERMINATION
As a member of shopalaska.com, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request to: Michael@shopalaska.com.
As a member, you agree that Shop Alaska may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
a)any breach or violation of our TOS or any other incorporated agreement, regulation, and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c)the discontinuance, alteration, and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems; any extended periods of inactivity;
e) You engaged in any fraudulent or illegal activities and/or the nonpayment of any associated fees that you may be owed in connection with your shopalaska.com account services.
Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party regarding the termination of your account, associated email address, and/or access to any of our Services.
The termination of your account with shopalaska.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within shopalaska.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account or any part thereof; and
c) barring any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Shop Alaska shall not be held responsible or liable for any loss or damage of any nature or manner incurred directly from any such dealings or the presence of such advertisers on our website.
LINKS
Either Shop Alaska or third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources. As such, we neither endorse nor are we responsible or liable for any content, products, advertising, or other materials on or available from such third-party sites or resources.
Furthermore, you acknowledge and agree that Shop Alaska shall not be responsible or liable, directly or indirectly, for any damage or loss that may be a result of, caused by, or allegedly caused by or in connection with the use of or the reliance on any such content, goods, or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Shop Alaska’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Shop Alaska or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on Shop Alaska Services (e.g., Content or Software), in whole or part.
Shop Alaska herein has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, to obtain unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Shop Alaska for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF SHOP ALASKA SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SHOP ALASKA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) SHOP ALASKA AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SHOP ALASKA SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SHOP ALASKA SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SHOP ALASKA SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SHOP ALASKA SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK. AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION CONCERNING ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/ OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SHOP ALASKA OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SHOP ALASKA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Shop Alaska (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from our Services concerning companies, stock quotes, investments, or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, the phrase “Let the investor beware” is appropriate for this particular type of information. Shop Alaska’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Shop Alaska and our licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available through our Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD-PARTY BENEFICIARIES
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Shop Alaska may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services unauthorizedly. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You acknowledge, understand, and agree that all of the Shop Alaska trademarks, copyright, trade name, service marks, and other Shop Alaska logos and any brand features and/or product and service names are trademarks and, as such, are and shall remain the property of Shop Alaska. You agree not to display and/or use the Shop Alaska logo or marks in any manner without obtaining Shop Alaska’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Shop Alaska will always respect the intellectual property of others, and we ask that all of our users do the same. Concerning appropriate circumstances and at its sole discretion, Shop Alaska may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us with the following information:
a)The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b)A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c)A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e)A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
f) Finally, a statement, made under penalty of perjury, that the information in your notice is truthful and accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Shop Alaska Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Shop Alaska
Attn: Copyright Agent
17035 N Eagle River Loop Rd Eagle River, Alaska 99577
Telephone: 907-694-7467
Email: michael@shopalaska.com
CLOSED CAPTIONING
BE IT KNOWN that Shop Alaska complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at shopalaska.com.
GENERAL INFORMATION ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Shop Alaska and shall govern the use of our Services, superseding any prior version of this TOS between you and us concerning Shop Alaska Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Shop Alaska Services, affiliate Services, third-party content, or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Shop Alaska concerning the TOS that the relationship between the parties shall be governed by the laws of the state of Alaska without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Shop Alaska, shall be filed within the courts having jurisdiction within the County of Anchorage, Alaska or the U.S. District Court located in said state. You and Shop Alaska agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to exercising jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Shop Alaska fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable, and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 10 years (s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Shop Alaska as follows:
Mailing Address:
Shop Alaska
17035 N Eagle River Loop Rd Eagle River, Alaska 99577
Telephone: 907-694-7467
Email: michael@shopalaska.com
Terms & Conditions
These terms and conditions constitute a legally binding agreement between your company or organization (the Business) and ShopAlaska.com, Inc.
By subscribing to a ShopAlaska.com paid plan, you acknowledge that you have read our terms and conditions and agree to them. You also indicate that you are authorized to act as a representative of the Business.
1. Organization Location
As ShopAlaska.com is a location-specific directory, it reserves the right to refuse to include organizations not physically located (service areas do not count) in your community area.
If the Business does not have a physical presence in this area and proceeds with listing its organization on ShopAlaska.com, the Business will have three options:
1. Remain listed on ShopAlaska.com and have their listing restricted to the ‘Out of Area’ directory category. This means the Business listing will not be allowed under regular directory categories and will be relegated to being listed in one general ‘Out of Area’ category and its subcategories.
2. Transfer the Business listing to another ShopAlaska.com directory serving the community in which the organization is physically located, should such a directory exist. Extra charges may apply.
3. Remove the Business listing from ShopAlasak.com altogether.
3. Transfer of Membership
Should the business sell or transfer ownership of the business’ organization, the Business has the right to transfer ownership of the Business’ membership, including the Business’ enhanced listing, content, and any upgrades purchased, to another owner of the Business’ organization.
The business also has the right to change the business listing information to reflect that of another organization, which is completely unrelated to the business organization, provided the business is the owner of both organizations and the new organization is physically located in the Your Community area. For example, if the Business’ original company goes out of business, it has the right to use its membership for the duration of its term to promote another organization, should the Business own that organization.
ShopAlaska.com reserves the right to deny all other transfers.
4. Ownership and Modification of Content
ShopAlaska.com owns all content used in the Business’ enhanced listing or enhanced listing upgrades and residing within ShopAlaska.com’s directory system. ShopAlaska.com retains the right to use or transfer this content for any purpose desired and without providing the Business with any restitution for this content. This includes listing photos, text, maps, and database entries.
Any business-generated content for use in the Business’ enhanced listing may be freely used for other purposes. ShopAlaska.com is not, however, obligated to assist the Business with transferring said content to another service or for use in other projects.
All content, including trademarks, logos, graphics, maps, code, databases, text, and pages directly related to the provisioning of this service, remain the content of ShopAlaska.com and are copyrighted works that any member may not use for any purpose other than the display of the Business’ enhanced listing or operation of ShopAlaska.com’s services.
All other company, product, or service name references in this website are used for identification purposes only and may be trademarks of their respective owners.
ShopAlaska.com reserves the right to modify the content of any listing if necessary to ensure the integrity of the website’s content and to populate a business’s information on the site from publicly available information, including from the business’s website.
This website contains hyperlinks to websites controlled by parties other than ShopAlaska.com. ShopAlaska.com is not responsible for and does not endorse or accept responsibility for the contents or use of these websites.
5. Termination of Services
ShopAlaska.com reserves the right to terminate the Business’ membership and deny the Business membership renewal should the Business engage in any of the following conduct:
1. Enhanced listings may not include profanities, obscene material, defamatory remarks, and pirated or illegal material, including text, photos, links, or other multimedia.
2. Misuse of categories, keywords, and text content results in the business gaining unwarranted exposure via searches or directory lookups under terms unrelated to the business organization. One (1) warning will be given to offenders before termination of services.
3. List organizations that do not exist for humorous, satirical, experimental, or other purposes.
6. Fees for Access/Service
ShopAlaska.com reserves the right to adjust fees for subscriptions and services at any time, for any reason, with 60 days’ notice, for any or all plans.
7. Cancellation of Services
ShopAlaska.com offers businesses a choice of free or paid services. Free business listings can be canceled anytime by requesting the removal of a Business profile page by calling 1-888-430-7467. Businesses that choose to access ShopAlaska.com’s paid services enter into a subscription agreement based on the payment period selected at the time of upgrade. Subscriptions will automatically renew unless otherwise canceled. Businesses must provide 30 days’ notice before their next renewal term’s renewal date to cancel a paid subscription. It is ShopAlaska.com’s policy not to offer refunds on paid subscriptions.
8. Limitation of Liability
The Business agrees not to hold ShopAlaska.com liable for any loss or damages, perceived or actual, arising from the Business’ ShopAlaska.com enhanced listing membership.
This includes but is not limited to, lost revenues or profits due to incorrect information, non-functioning email addresses and phone numbers, service outages, website malfunctions, miscommunications, work stoppage, computer failure or malfunction, competitor or customer claims, acts of nature, data loss, domain name issues or any other potential source of problems.
The Business agrees that any damage claims cannot exceed the price paid to ShopAlaska.com and that due diligence must be exercised before using this service.
9. Features and Functionality
The Products and Services include an online shopping cart that can be integrated with your existing website, blog, and social network. In our sole and absolute discretion, we reserve the right to make changes occasionally and without notice in how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation concerning how the Products and Services always will work. We are making constant adjustments to the Products and Services, and often, these Terms of Service do not capture these adjustments completely.
10. Social Media
For members in certain countries, some of the Products and Services, such as our PowerShop shopping cart, can be added to your page on social media networks like Facebook. By connecting your PowerShop account to your Facebook account, you acknowledge and agree to the continuous release of information about you to others, including Facebook (by your privacy settings on Facebook and your account settings on PowerShop). Do not use the Facebook Connect feature if you do not want information about yourself to be shared this way. We and Facebook are continually making changes and improvements to this feature; therefore, the available features and information shared may change from time to time. These changes may occur without your notice and may not be described in these Terms of Service.
11. Service Testing
From time to time, ShopAlaska.com or its partners may test various aspects of our Products and Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
12. Third-Party Apps, Software, Products, Services and Websites
ShopAlaska.com may occasionally recommend or enable third-party apps, software, products, services, or website links for your consideration or use. Such apps, software, products, services, and links are provided only as a convenience to you and do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ShopAlaska.com concerning any third party, any third party’s party apps, software, products, services or websites. These Terms of Service do not apply to such third-party apps, software, products, services, or websites, and you should review such third-party agreements related to such third-party apps, software, products, services, or websites; they may be different than these Terms of Service, and it is your sole responsibility to comply with such third party terms. Your use or access to any third party’s apps, software, products, services, or websites is at your own risk. ShopAlaska.com makes no representations or warranties regarding third-party apps, software, products, services, or websites and will not be liable for your use of any third-party apps, software, products, services, or websites.
13. Privacy and Confidentiality
ShopAlaska.com agrees to hold all communications, data, and company information securely. ShopAlaska.com will not sell or rent your information to third-party services and will never share any data, statistics, files, or information with competitors or other services.
ShopAlaska.com’s services use ‘cookie’ technology to allow members to store their login information on a local computer to prevent having to enter their username and password repeatedly. These cookies are not used for tracking purposes and can be disabled, deleted, or canceled using various methods.
14. Warranties and Disclaimers
All materials are provided ‘as is’ without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ShopAlaska.com reserves the right to change the terms & conditions at any time without advance notice.
The materials posted on this website could include technical or other mistakes or inaccuracies. ShopAlaska.com disclaims all warranties and makes no representations regarding the quality, accuracy, completeness, or suitability of the materials on this or any other website. It also disclaims any duty to keep this information current or accurate. ShopAlaska.com may change any information on this website or any product or service described on this website, including functionality, pricing, or performance thereof, at any time and without notice.
That said, we will do our best to provide you with a high-quality, valuable service. If you have any additional questions, comments, or suggestions, please contact us.