Terms of Service
Terms
The following terms, together with any documents they expressly incorporate by reference, govern your access to and use of Chokwaa including any content, functionality and services offered, whether as a guest or registered user. Please note that these terms are separate and distinct from the Terms applicable to Chickasaw.net.
1. Acceptance of Terms
Please read these Terms carefully before using Chokwaa and using the services (“Services”) provided and managed by the Chickasaw Nation (the “Nation”). These Terms set forth the legally binding terms and conditions for your use of Chokwaa. By using Chokwaa, you accept and agree to be bound and abide by these Terms and the Privacy Policy, which can be found here. If you do not agree to these Terms or the Privacy Policy, please refrain from accessing or using Chokwaa.
2. Changes and Modifications
The Chickasaw Nation reserves the right, at its sole discretion, to modify or replace these Terms by posting updated terms on its website. Your continued use of Chokwaa after any such changes constitutes your acceptance of the new Terms. Please review the website periodically for changes. If you do not agree to any or all posted changes, please do not continue to access or use Chokwaa.
3. Accessing the Website and Account Security
The Chickasaw Nation will do its best to ensure that Chokwaa is operational at all times, except for periodic down times relating to updates and maintenance. We will not be liable if for any reason Chokwaa is unavailable at any time or for any period. We will provide a customer support e-mail and will respond within a reasonable time period to all service and help requests. We cannot be held responsible for internet outages, faulty connections, or other connectivity issues beyond our control. When registering for an account on Chokwaa, you may be asked to provide certain information such as your full name and contact details. It is a condition of your use of Chokwaa that all information you provide is correct, current, and complete. You agree that all information you provide through Chokwaa is governed by the Platform’s Privacy Policy. The Nation reserves the right to disable any user profile, username, password or other identifier at any time for any or no reason, including if, in its opinion, you have violated any provision of these Terms.
4. External Links and Content
Chokwaa may contain links to other sites and resources provided by third parties. These links are provided for your convenience only and include links contained in advertisements, including banner advertisements and sponsored links. The Nation has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Chokwaa, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. User Age Requirement
Chokwaa is designed to help people and households discover programs and services that may be relevant to them. Anyone aged 13 or older may create an account, but creation of an account does not guarantee participation in particular programs or receipt of particular services. We reserve the right to determine user eligibility and/or refuse services according to the requirements of the relevant program or service.
6. Copyrights, Trademarks, and Service Marks
Chokwaa and its original content, features and functionality are owned by the Chickasaw Nation and are protected by applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except for a user’s personal data, none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the Chickasaw Nation.
7. Governing Law, Jurisdiction and Venue
By using Chokwaa, you affirmatively consent to the jurisdiction of the courts of the Chickasaw Nation and all matters relating to Chokwaa and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be decided solely by such courts. These Terms shall be governed by the laws, guidelines, resolutions, and ordinances of the Chickasaw Nation. You agree that state law shall not be applicable nor shall disputes be subject to any authority outside the Nation.
8. Geographic Restrictions & Third-Party Links
Chokwaa is controlled and offered by the Chickasaw Nation from its facilities in the United States of America. If you are accessing or using Chokwaa from other jurisdictions, you do so at your own risk and you are responsible for compliance with applicable law. Notwithstanding the foregoing, Chokwaa may contain or provide links to content hosted on websites located outside of the United States of America. Such links, or links to any other internet sites, content, or services provided by third parties do not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites. The Chickasaw Nation does not operate or control in any respect any information, products or services that third parties may provide on or through Chokwaa or on linked sites. Third-party sites have separate and independent privacy policies, and the Chickasaw Nation has no responsibility or liability for the content and activities of these linked sites.
9. Indemnification
You agree to indemnify and hold harmless the Chickasaw Nation from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys' fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Chickasaw Nation from and against any and all claims brought by third parties arising out of your use of any of Chokwaa.
10. Limitation of Liability
Except to the extent required by applicable law and then only to that extent, in no event will the Chickasaw Nation, its agents, officers, or employees, affiliates be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with Chokwaa (or the termination thereof for any reason), even if foreseeable or if any form of notice has been provided. You specifically acknowledge and agree that the Chickasaw Nation is not liable for any defamatory, offensive or illegal conduct of any user. You agree that if you are dissatisfied with any aspect of Chokwaa, its Terms, or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Service.
11. Warranties
THE CHICKASAW NATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Violation of this Agreement
Any user who violates these Terms may be blocked from future access from using Chokwaa. We may terminate your access to Chokwaa without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms shall by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Contacting Us
For questions regarding these Terms, please contact us using the information below.
the Chickasaw Nation
520 Arlington
Ada, OK 74820
(580) 436-2603
14. Sovereign Immunity
Nothing contained in these Terms is intended to or shall be construed to waive the Chickasaw Nation’s, and its agents’, officers’, and employees’, sovereign immunity from unconsented suit. You agree that any ambiguity contained in these Terms as to sovereign immunity shall be construed in favor of sovereign immunity.
Source: Chickasaw Nation
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