Terms of Use

TERMS & CONDITIONS

Welcome to Perdido Bay Tribe.org This site is owned and operated by Perdido Bay Tribe of Southeastern Lower Muscogee Creek Indians Inc., hereinafter referred to as, "Perdido Bay Tribe". The following basic rules, hereinafter referred to as "Terms" govern the use of Perdido Bay Tribe's web site. Please note that use of Perdido Bay Tribe's site by a teacher, student, or any other interested person hereinafter referred to as "Visitor" constitutes Visitor's agreement to follow and be bound by these Terms. If Visitor does not agree to these Terms, then Visitor should leave this site immediately. Although Visitor may "bookmark" a particular portion of this site and thereby bypass these Terms, Visitor's use of this site still binds Visitor to these Terms. Perdido Bay Tribe reserves the right to update or modify these Terms at any time without prior notice. Visitor's use of the Perdido Bay Tribe site following any such change constitutes Visitor's acceptance of the Terms as changed. THE TERMS SHOWN HERE APPLY TO PERDIDO BAY TRIBE ONLY. Other sites owned by Perdido Bay Tribe may have different Terms.

COPYRIGHTS AND TRADEMARKS - Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, logos, banners, graphics, text and other materials that are part of this site are copyrights, trademarks, trade dress and other intellectual property owned, controlled or licensed by Perdido Bay Tribe or by third parties who have licensed their materials to Perdido Bay Tribe. The collection, arrangement, and assemblage of all content on this site are the exclusive property of Perdido Bay Tribe.

USE OF THIS SITE - This site and all its contents are intended solely for personal, educational, non-commercial use. Visitor is permitted to download or copy the contents displayed on the site for Visitor's personal, educational, non commercial, use only. No right, title or interest in any downloaded or copied materials is transferred to Visitor as a result thereof. Visitor may not reproduce (except as noted above), modify, publish, display, distribute, create derivative works from, sell, in whole or in part, any of the contents. Visitor may not use on Visitor's web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner. Customer may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of Perdido Bay Tribe.

COMMENTS, FEEDBACK AND OTHER SUBMISSIONS – All feedback, comments, suggestions, ideas, and other submissions, hereinafter referred to as “Feedback”, disclosed, submitted or offered to Perdido Bay Tribe on or by this site, whether by e-mail, submission form, information request form, commit form or other, shall be and remain the property of Perdido Bay Tribe. Visitors are asked to not send Perdido Bay Tribe any Feedback that Visitor does not wish to assign to Perdido Bay Tribe, including any confidential information or any original creative materials such as original artwork, computer code, stories or product ideas. Disclosure, submission or offer of any Feedback shall constitute an assignment to Perdido Bay Tribe of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback. Thus, Perdido Bay Tribe will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Feedback. Perdido Bay Tribe is and shall be under no obligation to hold any Feedback in confidence, pay to Visitor any compensation for any Feedback or to respond to any Visitor Feedback. Visitor agrees that no Feedback submitted by Visitor will violate any right of any third party. Visitor further agrees that no Feedback submitted by Visitor will be or contain libelous or otherwise unlawful, abusive or obscene material. Visitor is and shall remain solely responsible for the content of any Feedback.

TERMINATION - These Terms are effective upon posting and shall remain effective until terminated by Perdido Bay Tribe. Visitor may terminate these Terms at any time. Perdido Bay Tribe may terminate these Terms at any time and may do so immediately without any prior notice, and accordingly deny Visitor access to the site, if in Perdido Bay Tribe's sole discretion Visitor fails to comply with any term or provision of these Terms. Upon any termination of the Terms by either Visitor or Perdido Bay Tribe, Visitor must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under these Terms or otherwise.

DISCLAIMER OF WARRANTIES AND LIABILITY - THIS SITE IS PROVIDED BY PERDIDO BAY TRIBE ON AN "AS IS" BASIS. PERDIDO BAY TRIBE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED HEREON. VISITOR EXPRESSLY AGREES THAT USE OF THIS WEB SITE IS AT VISITOR'S SOLE RISK. NEITHER PERDIDO BAY TRIBE NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANTS THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER USED TO MAKE THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, PERDIDO BAY TRIBE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. VISITOR HEREBY ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF VISITOR'S SYSTEM. VISITOR EXPRESSLY ACKNOWLEDGES AND AGREES THAT PERDIDO BAY TRIBE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. THE CONTENT THAT VISITOR ACCESSES ON THIS WEB SITE IS PROVIDED SOLELY FOR VISITOR'S CONVENIENCE AND INFORMATION. PERDIDO BAY TRIBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO VISITOR'S USE OF THIS WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PERDIDO BAY TRIBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERDIDO BAY TRIBE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IF VISITOR IS DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE PERDIDO BAY TRIBE’S TERMS, VISITOR'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PERDIDO BAY TRIBE WEB SITE. VISITOR ACKNOWLEDGES, BY VISITOR'S USE OF THE WEB SITE, THAT VISITOR'S USE OF THE SITE IS AT VISITOR'S SOLE RISK.

INDEMNIFICATION - Visitor agrees to indemnify, defend, and hold harmless Perdido Bay Tribe, its officers, directors, employees, affiliates, agents and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by Visitor of these Terms

JURISDICTIONAL ISSUES - This Web Site is controlled and operated by Perdido Bay Tribe, Inc. from its offices located in Pensacola, Florida. The mailing address is 12533 Polonious Parkway, Pensacola, FL 32506, Phone 850-492-3593. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as they are applied to agreements entered into and to be performed entirely within such State. Any action Visitor, any third party or Perdido Bay Tribe brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the State or Federal courts located in and for Escambia County, Florida and Visitor expressly consents to the jurisdiction of said courts.

SURVIVAL - If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT - These Terms represent the entire agreement between Visitor and Perdido Bay Tribe and supersedes any prior agreements. In the event that any inconsistencies exist between these Terms and any future published Terms, the last published Terms shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY PERDIDO BAY TRIBE, INC.