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Public Notice Website
Terms of Use Agreement

This Site (www.mnpublicnotice.com), which serves as repository for public notices in Minnesota, is a statewide website established and maintained by the Minnesota Newspaper Association (MNA). This Site allows Minnesota newspapers to publish online those public notices that also appear in their print newspaper editions. MNA provides the mnpublicnotice.com website as a public service to make public notices easily accessible on the Internet.

DISCLAIMERS AND TERMS OF USE

1. ACCEPTING & UPDATING THESE TERMS
By using the Site you agree to these Terms. MNA may update those Terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Site, please contact MNA at admin@mnpublicnotice.com. Subject to your compliance with the Terms, MNA grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site for your personal, non-commercial use only. You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any content on the Site for commercial purposes; (b) not to alter the Site content in any manner or use such Site content in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; and (d) except with MNA’s written consent, not to frame, link, associate with advertisements or commercially exploit this Site or Site content.

2. THIRD PARTY CONTENT
The Site consists of public notices submitted by newspapers in Minnesota. Because content is submitted by third parties directly, MNA exercises no control over that content or its accuracy, nor does MNA assume any responsibility for the timely publication of these notices. You agree that MNA shall not be responsible or liable for any loss caused or alleged in connection with use of the Site. Minnesota newspapers are not required by law to upload notices to this Site. MNA does not charge newspapers a fee to upload these notices but reserves the right to charge a fee for participation in this Site. As a condition of uploading notices to this Site, each participating newspaper certifies that it meets the statutory requirements of Minnesota law to be a qualified publisher of those notices. MNA takes no responsibility for that certification. Each person or public body placing a notice for publication with a newspaper is responsible for selecting a newspaper which meets the specific requirement for each notice. The requirements of each statute which requires the publication of the notice should be reviewed to determine which newspaper or newspapers are eligible to publish the notice. MNA assumes no responsibility for the selection of the appropriate newspaper for publication.

3. DISQUALIFICATION AND TERMINATION
You agree that MNA, in its sole discretion, may disqualify you from using the Site if MNA believes that you have violated or acted inconsistently with the Terms of Use. MNA shall not be liable to you or any third party for termination of your access to the Site. MNA may terminate a user’s smart search subscription, if that user fails to pay for this enhanced search feature.

4. PRIVACY
Except for smart search subscribers, MNA does not collect names or addresses of Site users. Unless required by law, MNA does not sell, rent, barter mailing lists of users or disclose users' names, addresses, or other personally identifying information except that it may, at its discretion, make this information available to partners that have a specific, contractual relationship to act as a sales agent for this Site.

5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS IS." MNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED BY WAY OF THE SITE SHALL CREATE ANY WARRANTY BINDING MNA.

6. INDEMNIFICATION
You agree to indemnify and hold MNA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorneys' fees, made by any third party arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the Site.

7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MNA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (d) ANY OTHER MATTER RELATING TO THE SITE. UNDER NO CIRCUMSTANCES SHALL MNA BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE USE OF THE SITE.

8. GOVERNING LAW & JURISDICTION
The Site is compiled and made available to the public by MNA from its offices in Minneapolis, Minnesota, United States of America. If you choose to access this database from outside Minnesota you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Site shall be governed by Minnesota law and adjudicated by the Hennepin County Fourth District Court or the United States District Court, District of Minnesota and you consent to the personal jurisdiction of those courts.

9. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between MNA and you and govern your use of the Site, superseding any prior agreements between you and MNA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. MNA’s failure to act with respect to a breach by you or others does not waive MNA’s right to act with respect to subsequent or similar breaches. By using the Site, you represent that you can form legally binding contracts. These Terms and all writings incorporated by reference into the Terms set forth the entire agreement between us with respect to the Site.

10. PRIVACY POLICY
As used herein, the term “personally identifiable information” or “personal information” refers to information that identifies a particular individual, such as the individual’s name, postal address, e-mail address, billing address, telephone number and credit card information. When other information is directly associated with personally-identifiable information, this other information also becomes personally identifiable information for purposes hereof. When you access or use this Site, you consent to the collection, use and disclosure of your information in accordance with the Terms. By providing personal information to this Site, you are acknowledging your understanding and consent to the collection and processing of such information by MNA.

INFORMATION COLLECTED
Like many websites, MNA collects personal information from you when you voluntarily provide it to us by (i) utilizing any “contact” feature on this Site, (ii) emailing us, or (iii) registering for use or using certain features on this Site. MNA may collect any personal information that you provide to us, including, but not limited to, your name, e-mail address and payment information.

THIRD PARTY VENDORS
MNA may engage third-party vendors to provide various services relating to this Site, including, without limitation, development, marketing, payment processing, hosting and sales and marketing services, and MNA may disclose to such vendors information about individual users that is necessary for performing the services. To protect your privacy, MNA requires its vendors to maintain the confidentiality of any personal information.

USE OF COLLECTED INFORMATION
The personal information that you provide to MNA may be stored, processed and used by MNA for the following purposes: (i) to respond to your comments, requests for information and inquiries; (ii) to help administer and protect the security or integrity of this Site, (iii) to provide certain features on this Site and process online purchases, (iv) for marketing and promotional purposes, and (v) for distribution to partners for marketing and promotional purposes.

DISCLOSURE EXCEPTIONS
Notwithstanding the above policies, MNA reserves the right to disclose your personal information to appropriate third parties if MNA believes that such action is necessary:
- To comply with any laws or other legal process, such as search warrants, subpoenas or court orders;
- To protect MNA’s rights and property or defend against legal claims;
- To protect any other party’s rights, property and safety;
- To report to any law enforcement agency any unlawful activities;
- To investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving harassment, abusive messages or potential threats to the physical safety of any person; and
- To protect against misuse or unauthorized use of this Site.

SECURITY OF COLLECTED INFORMATION
To protect the privacy of personal information provided by you, MNA and its hosting vendor employ security controls, including, without limitation, physical access controls and Internet firewalls. Unfortunately, no electronic communication over the Internet can be guaranteed to be 100% secure. While MNA strives to take great care to protect your personal information, MNA cannot warrant the security of any information that you submit to us, and you do so at your own risk. Remember to close your browser window when you are finished using this Site. This is to ensure that others cannot pose as you online.