Last Updated: 04/17/2020
These Terms and Conditions of Use apply to the websites of the Seminole Tribe of Florida (“the Seminole Tribe”) or its affiliates, which include but are not limited to: www.semtribe.com/stof/TheSites.
Protecting your privacy is important to us. Please take a few minutes to read the following policy to understand how we handle use of websites.
USE OF AND ACCESS TO THE SITES
We encourage you to read the Terms and Conditions of Use (the “Terms”) carefully because they control your use of and access to the Sites, now and in the future.
The Sites are offered and intended for users who are at least 13 years of age or older. Unless otherwise specified, the Sites and all content on them are intended to promote our products and services available in the United States. The Sites are controlled and operated by the Seminole Tribe of Florida from its offices in Broward County, Florida, United States.
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice for any reason. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS. THE SEMINOLE TRIBE EXPRESSLY RESERVES THE RIGHT TO MODIFY THE TERMS AT ANY TIME, WITHOUT PRIOR NOTICE, BY POSTING AN UPDATED VERSION OF THE TERMS ON THE SITES. THEREFORE, YOU SHOULD REVIEW THE TERMS WHENEVER YOU USE THE SITES. YOUR CONTINUED USE OF THE SITES CONSTITUTES YOUR CONSENT TO THE CURRENT TERMS POSTED AT THE TIME OF YOUR VISIT.
DO NOT USE the SEMINOLE TRIBE’s SITES IF YOU DO NOT AGREE TO THE TERMS.
The Seminole Tribe of Florida and all related names, logos, product and service names, designs, and slogans are trademarks of the Seminole Tribe or its affiliates or licensors. You must not use such marks
without the prior written permission of the Seminole Tribe. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
The Sites and all contents accessed through or on the Sites including but not limited to the text, information, software, images, videos, logos, design, and graphics (collectively, the “Materials”) are owned by the Seminole Tribe or its affiliates or licensors. The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws and treaties. The Terms permit you to use the Sites for your personal, non-commercial use only. You may print or save copies of the Sites solely for your personal, non-commercial use. You may not:
Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.
You may not use the Sites for any unlawful purpose or in violation of any provision of applicable federal, state, and local laws or these Terms.
You may not:
If we are notified of allegedly defamatory, damaging, illegal, or offensive content posted or provided by a user, we may investigate the allegation and determine, at our sole discretion, whether to modify or remove such content from the Sites.
If we determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Sites.
We may disclose any content or electronic communication from you: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Sites; or (iii) to protect the rights or property of the Seminole Tribe, its members, users of the Sites, or third party service providers.
The Sites may contain comment boards, message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users
or other persons content or materials (collectively, “User Contributions”) on or through the Sites. All User Contributions must comply with the Content Standards set out in these Terms (below).
Any User Contribution you post to or submit through the site will be considered non-confidential and non-proprietary. By posting a comment or a message or contributing in any way to the Sites, you expressly grant the Seminole Tribe the right to use in any way, copy, republish or sell your comment, message or other contribution as part of its property.
By posting or submitting a User Contribution, you represent and warrant that:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.
We do not undertake to review all User Contributions before they are posted on the Sites. Accordingly, we have no liability or responsibility to anyone regarding transmissions, communications, or content provided by any user or third party.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local laws and regulations. Without limiting the foregoing, User Contributions and users use of Interactive Services must not:
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by the Seminole Tribe.
The Sites may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
All purchases or donations made through our Sites are governed by these Terms and any additional terms and conditions that are applicable to specific purchases or donations. Please be sure to review all additional terms and conditions before you make any purchases or donations via the Sites.
The Seminole Tribe safeguards the security of the information you provide to us or that we collect with physical, electronic, and managerial measures. Among other protections, we use industry-standard SSL encryption on all web pages where personal information is required or may be submitted to us. To make purchases from any of our Sites, you must use an SSL-enabled browser such as Internet Explorer, Google Chrome, or Mozilla Firefox.
The safety and security of your information also depends on you. Please use caution when you are on the Internet to protect your personal data. Change your passwords regularly, do not share passwords, and use a combination of letters, numbers and special characters for your passwords. Always make sure you use a secure browser when on the Internet.
Unfortunately, the transmission of information via the internet is not completely secure. Although we take reasonable steps to protect your information, we cannot guarantee the security of your information transmitted via our Sites. Any transmission of information is at your own risk.
To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms or we believe such action is appropriate to ensure the security of the Sites or your account, or to address any suspected security incidents or breaches.
Our Sites are not intended for anyone under age 13. Further, the Seminole Tribe does not knowingly collect or solicit personal information from children or youth under age 18. If you are under age 18, please do not provide any information about yourself to us via our Sites, email, text, voicemail or any other means. If we learn that we have collected or received personal information from someone under age 18 without parental consent, we will delete that information. If you believe we might have personal information from an individual under age 18, please contact us at: InfoSec@semtribe.com
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the content on the Sites from time to time, but their content is not necessarily complete or up-to-date at all times. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of the Sites’ contents.
The Sites may provide chat rooms, bulletin boards, and other means for the public to contribute information and make statements. The Seminole Tribe does not endorse these statements and does not represent or confirm the statements are true and accurate. You should be cautious when acting on information provided by contributors to these public areas. We disclaim all liability and responsibility arising from any reliance placed on such information or statements by you or any other visitor to the Sites.
The Sites contain links to third party websites. These links are provided for your convenience and the third party websites are not under the control of the Seminole Tribe or its affiliates. The Seminole Tribe does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by the Seminole Tribe with respect to any third party, any third party’s website, the content of any third party’s website, or any products or services provided by a third party. We have no obligation or liability for any linked third party websites. Please be aware that, when you visit a linked website, you are subject to the privacy policies and terms and conditions of use for the linked website and you should review those policies carefully. Please exercise caution before sharing or sending any information to anyone via the internet.
The Sites, their features, and their contents are provided “as is,” without any express or implied warranty of any kind. We cannot and do not guarantee or warrant that: (1) all information you transmit or submit via the Sites will be completely secure and unable to be accessed, altered, deleted; or (2) the Sites, their contents, or features will be free from errors, viruses, bugs, or other harmful components.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.
YOUR USE OF THE SITES, THEIR CONTENTS AND ANY FEATURES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SEMINOLE TRIBE 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE SEMINOLE TRIBE OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Seminole Tribe, its affiliates, and its third party service providers, and their respective directors, officers, employees, owners, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms by you and/or your activities in connection with the Sites. We may participate in the defense of any claim. You shall not settle any claim that affects the Seminole Tribe without our prior written approval.
WHERE PERMITTED BY APPLICABLE LAW, YOU AND THE SEMINOLE TRIBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Seminole Tribe agree, no tribunal may consolidate more than one person’s suits or actions or otherwise preside over any form of a representative or class proceeding.
The Seminole Tribe respects the intellectual property of others. If you believe any materials posted or accessible on the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by sending written notice to our designated copyright agent at:
Seminole Tribe of Florida
Attn: Information Security Department
6300 Stirling Road
Hollywood, FL 33024
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice must include substantially the following:
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Sites infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of these Terms in any other jurisdiction.
These Terms and your use of our Sites shall be governed by and interpreted in accordance with the applicable laws of the United States and the Seminole Tribe of Florida without giving effect to any choice of law or conflict of law provision or rule. To the extent that federal law or Tribal laws are held to have not preempted local law, these Terms and your use of our Sites shall be governed by the laws of the State of Florida, to the extent applicable, without regard to the rules regarding conflict of laws.
By using our Sites, you consent to the exclusive jurisdiction of the federal and state courts in Broward County, Florida for any action or proceeding arising out of or relating to these Terms or your use of, or reliance on, our Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have any questions or concerns about the Sites or these Terms, please contact us at: InfoSec@semtribe.com