Website Terms and Conditions for ExperienceSiouxFalls.com

Effective Date 1/1/2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE, AND ANY OF ITS PAGES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS OF USE AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

General

Thank you for visiting the website of Experience Sioux Falls (formerly the Sioux Falls Convention and Visitors Bureau) (“ESF”). The experiencesiouxfalls.com website (the "Website") is comprised of various web pages and features operated by ESF. The terms “we,” “our,” and “us” refer to ESF, the Sioux Falls Area Chamber of Commerce (“SFACC”), and any parent companies, subsidiaries, or affiliates of either or both of ESF and SFACC, and the terms “you” or “your” refer to any users who access this Website. By accessing or using this Website, you agree and consent to be legally bound by these Terms and Conditions of Use (the “Terms”) without limitation or qualification.

Use of Website

Our Website is not directed towards children. If you are using this Website, you are confirming that you are 18 years of age or older, or are over 13 years of age and using the Website with the consent and supervision of your parent or guardian. Use of the Website is also governed by our Privacy Policy, which informs users of our data collection practices.

If you fail to comply with any of these Terms, your permission to use the Website automatically terminates. If we become aware that you have been using the Website in an unauthorized way, we may block or suspend your access to the Website, bar you from future usage of the Website, or take any other action we deem necessary or appropriate, and we may pursue any or all legal or equitable claims against you for such unauthorized use. We further reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to this Website, or any of our resources or services, at any time for any reason without notice. We shall not be held liable to you or any third party for any termination of your access to this Website.

You agree to indemnify and hold us harmless from any liability, loss, claim or expense including attorney’s fees, related to your violation of these Terms or your use of the services, products, software, applications, or information made available through the Website.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, but not limited to, the liability, indemnification, arbitration, and jurisdiction sections contained herein below.

International Users

This Website is controlled, operated, and administered by us from our offices within the United States of America. This Website is not targeted towards users outside of the United States, and you agree that any use of the Website shall occur within the United States. By using or continuing to use the Website, you represent and agree that you are located in the United States. If you are using this Website outside of the United States, you agree that you will cease such usage immediately. You further agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Unauthorized Use

Unauthorized use of this Website is prohibited. The following uses are expressly unauthorized:

• Gathering, monitoring, or copying any content on this Website by using any crawler, spyware, engine, robot, “bot,” spider, device, extraction tool, software, or any other utility, automatic device, or manual process of any kind without our express permission.
• Harvesting or otherwise collecting information about others including, without limitation, e-mail addresses or phone numbers, without their explicit consent.
• Interfering, or attempting to interfere, with the operations of the Website or using any device or software that will interfere, or attempt to interfere, with the operations of the Website; or posting any unauthorized material to the pages of the Website or the databases that power it.
• Attempting to circumvent Website security in any way; probing or testing the vulnerability of the Website or any network connected to the Website; or hacking, breaching, or attempting to breach any part of the Website, its security or authentication measures, or any network connected to the Website, including the content management system and source code.
• Uploading or submitting any data or information containing viruses, trojans, worms, malware, or any other computer code, corrupt file, program or component designed to interfere with this Website or its use, or the use of any software, hardware, networks, servers, computers, electronic devices, or other equipment of ours or any third party.
• Submitting any content in such volume as to disrupt use of this Website; or taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website.
• Taking any action or making any communication that is inappropriate, unlawful, threatening, harassing, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, or a violation of the our legal rights or the legal rights of a third party (including, without limitation, privacy and publicity rights).
• Violating the copyright, trademark, or other intellectual property rights of any other person or entity.
• Posting Submissions (defined below) or any other content using any manual or automatic posting tools other than those provided by us, unless you have received our express written consent.
• Improperly assuming or claiming the identity, characteristics, or qualifications of another person or entity.
• Conducting or forwarding surveys, contests, pyramid schemes, or chain letters.
• Taking actions to seek or discover any materials or information, including passwords, through or in connection with the Website, except as authorized by these Terms and as intentionally made available to you through the Website.
• Attempting to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.
• Interfering or attempting to interfere with the use of the Website by other users.
• Violating any applicable laws or regulations.
• Posting hyperlinks to other websites that contain content that falls within the descriptions set forth above.
• Attempting to use this Website for any purposes other than those intended by us, as determined in our sole discretion.

Website Modifications

We reserve the right to modify or terminate this Website or any service available on this Website, any link, embed, platform, widget, application, software, or feature used by this Website, and your access to this Website, in whole or in part, at any time whatsoever.

Changes to Website Policies

We reserve the right to make changes to Website policies at any time without advance notice to you including, without limitation, these Terms and our Privacy Policy. We encourage you to continue to review these Terms each time before using this Website, as your continued use will be strictly subject to the then-current Terms. Each time we modify the content of these Terms, we will update the effective date set forth above.

Electronic Communications

Visiting this Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications from us and agree to notify us of any changes in your email address. Except as otherwise required under applicable law, you agree that all agreements, notices, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

Text Messages and Other Communications to a Telephone

You authorize us to contact you, including by sending text messages or other communications to a cell phone using an automatic telephone dialing system or an artificial or prerecorded message, at any number you provide. You acknowledge that any text messages or prerecorded messages sent by us may contain sales or marketing content. We will only send you a text message for the purposes to which you have consented.

Links, Widgets, Embeds, Social Media, and Other Third Party Features

Our Website may provide links to other websites for the convenience of our Website users. Our Website may also make use of widgets, embeds, social media, or other third party features that are hosted by a third party or hosted directly on our Website. Your interactions with any link or third party widget, embed, social media, or other feature are governed by the terms and conditions of use of the third party providing the widget, embed, social media, or other third party feature, or the terms and conditions of use of the linked website. The terms and conditions of use of third parties may be substantially different than these Terms. We neither own nor control third party websites, widgets, embeds, social media, or other features that are accessible through this Website. Therefore, before visiting the website of a third party, or making use of a third party feature on our Website, whether by means of widget, embed, social media feature, or otherwise, you should first consult that third party’s terms and conditions of use (if any) and inform yourself of the terms applicable to that third party’s website, feature, or services (if any). We are not responsible for any dealings with third parties you may have through a third party website, link, widget, embed, social media, or other third party feature.

Endorsements

Any description of a product, service, or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by us of that product, service, or publication. Moreover, the inclusion of any third-party link, social media feature, embed, or widget on our Website does not imply an endorsement by us or any association with its third party operator.

Use of Third Party Sites and Organizations

Certain services made available via the Website are delivered by third party sites and organizations acting as our third party service providers. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that we may share your information and data with any third party service provider that provides the requested product, service, or functionality on behalf of our users and customers.

Conditions of User Non-Exclusive, Non-Transferable, Revocable License

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, or any software, digital products, applications, or services provided by this Website, strictly in accordance with these Terms. As a condition of your use of the Website, or any software, digital products, applications, or services provided by this Website, you warrant to us that you will not use the Website, or any software, digital products, applications, or services provided by this Website, for any purpose that is unlawful or prohibited by these Terms. You may not use the Website, or any software, digital products, applications, or services provided by this Website, in any manner which could damage, disable, overburden, or impair the Website or any software, digital products, applications, or services provided by this Website, or interfere with any other party's use and enjoyment of the Website or any software, digital products, applications, or services provided by this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, or any software, digital products, applications, or services provided by this Website. Using this Website or any software, applications, or digital products from this Website does not give you title to this Website or such software, application, or digital product, including any files, data and images incorporated in or associated with the Website or any software, application, or digital product provided by this Website.

Except for use expressly authorized, you agree that you will not copy, modify, publish, transmit, distribute, reverse engineer, perform, display, participate in the transfer or sale, license, create derivative works, reproduce, decompile or disassemble, or in any way exploit any of the content, in whole or in part, found on the Website, or in any software, application, or digital product we provide you. This Website and its content, along with the software, applications, and digital products available on this Website, is copyrighted by us or its owner. Our content is not for resale. Your use of the Website, software, application, or digital product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of us or our licensors except as expressly authorized by these Terms.

Submissions

Any content, remarks, suggestions, feedback, testimonials, ideas, graphics, reviews, comments, advertisements, listings for products and/or services, or other information communicated to us through this Website (together, the "Submissions") which you post, input, or submit to the Website or our associated services is considered to be non-confidential and public. We do not claim ownership of your Submissions, however, you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions alone or as part of other works (including, without limitation, for products or advertising) in any form, media, or technology whether now known or hereafter developed, without incurring any liability for royalties or any other consideration of any kind, and to sublicense such rights through multiple tiers of sublicensees. You agree that we shall not be liable as a result of any similarities that may appear between Submissions and our future operations and/or content.

You agree that all Submissions provided on this Website are the sole responsibility of the person or entity from which the Submissions originated, and that you are responsible for any Submissions that you post on this Website. By posting, uploading, inputting, providing or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further represent and warrant that you are the sole author of all Submissions you post or submit to the Website, and that such Submissions do not infringe upon the copyright, trademark, privacy, publicity, or other rights of any person or entity. You agree we are not liable or responsible for any Submissions made by you or other third parties.

By way of example, and not as a limitation, you agree your Submissions will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or electronic device; conduct or forward surveys, contests, pyramid schemes or chain letters; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Website; violate any code of conduct or other guidelines which may be applicable for any particular Submission; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

We have no obligation to monitor Submissions. However, we reserve the right to review and to delete, remove, edit, move, or decline to post any Submissions on the Website in our sole discretion. You are exclusively responsible for the accuracy of all Submissions you post or submit to the Website. If you believe information in your Submission is incorrect, you must amend, delete, or flag such Submission immediately, or contact us to amend or delete such Submission, or if you have concerns with our services regarding your Submission, you must notify us immediately.

No compensation will be paid with respect to the use of your Submissions, as provided herein. We are under no obligation to post or use any Submissions you may provide and we may remove any Submission at any time in our sole discretion.

Ownership

All content on this Website whether provided by this Website or through links, widgets, embeds, or social media or other third party features, is the copyrighted work of us, the owner(s) of the links, widgets, embeds, or social media or other third party features, and/or the owner(s) of Submission(s). Except as stated herein, none of the content of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of us, the owner(s) of the links, widgets, embeds, or social media or other third party features, and/or the owner(s) of Submission(s), with the exception that Website content may be shared through social media, so long as such sharing maintains a true and official link back to the Website and the shared content is unaltered.

Any trademarks, service marks, or logos appearing on this Website are our property or the property of the party that provided the trademarks, service marks, or logos to us. We and any party that provided trademarks, service marks, or logos to us retain all rights with respect to any of our respective trademarks, service marks, or logos appearing in this Website, whether registered or not. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Privacy & Information Use

Information processed via the Website and its systems may be stored and used for various purposes. Use of this Website is also governed by this Website’s Privacy Policy which outlines what information we collect on our Website and how that information is used. Please review our Privacy Policy for more information on our information collection, use, and sharing practices.

Liability & Indemnity

For the purpose of this liability and indemnity provision, the terms “we,” “our,” and “us” refer to ESF, the Sioux Falls Area Chamber of Commerce (“SFACC”), and any parent companies, subsidiaries, or affiliates of either or both of ESF and SFACC, and any owners, shareholders, members, directors, managers, officers, employees, agents, licensors or licensees, service or content providers, and suppliers of ESF, SFACC, or any parent company, subsidiary, or affiliate of either or both of ESF and SFACC. The terms “you” or “your” refer to any individuals who use or access this Website.

General Liability Release.

Any and all content contained on this website, including but not limited to TEXT, graphics, IMAGES, software, code, products, APPLICATIONS, information, AND CORRESPONDING SERVICES is relied upon at your own risk and is presented “as is” or “AS AVAILABLE.” No warranties of any kind, whether express, statutory, or implied, are provided for our website or its content, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AS WAY OF EXAMPLE, NOT LIMITATION, WE PROVIDE NO WARRANTIES OR REPRESENTATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE CONTENT ON THIS webSITE. We PROVIDE NO Warranties THAT our website or its content is free from error OR DEFECTS (LIKE VIRUSES OR MALICIOUS CODE), that use of our website will be free from interruptions, or that our website will not be compromised by a cyberattack, hack, or other similar event. You expressly acknowledge that any reliance upon ANY CONTENT ON THIS WEBSITE shall be at your sole risk, and that WE will not be liable in any way for CONTENT POSTED ON THIS WEBSITE OR otherwise made available through use of this webSITE, INCLUDING BUT NOT LIMITED TO, THROUGH EMAIL or text notifications.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING any injury to person, property, or body, or any kind of loss or damage whatsoever to you or any third party CONNECTED WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY A “CLAIM”). THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, DELAYS, INTERRUPTIONS, insufficient, incomplete, MISSING OR DELETED content, DETERIORATION OR CORRUPTION OF FILES OR CONTENT, LOSS OF DATA, LOSS OF PROFITS, ERRORS, DEFECTS, VIRUSES, worms, trojans, malware and malicious code, or injury to person, property, or body, or any other kind of loss or damage whatsoever, to you or any third party. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT YOU AGREE THAT OUR LIABILITY SHALL BE WAIVED TO THE MAXIMUM EXTENT PERMISSIBLE BY THE LAW OF YOUR STATE OR JURISDICTION. IF YOU ARE DISSATISFIED WITH OR DISAGREE WITH ANY PORTION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THIS LIABILITY AND INDEMNITY PROVISION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Indemnity.

By using THIS WEBSITE, You expressly agree: (1) YOUR use of THIS WEBSITE is at your own risk; (2) YOU CONSENT TO AND ARE BOUND BY THE ABOVE LIABILITY WAIVER; (3) you WILL iNdemnify and hold us harmless against any and all liability and will indemnify us for any claim (including, without limitation, the cost of investigating any claim, the cost of litigation, and attorneys’ fees, whether or not legal proceedings are instituted) arising from, attributable to, or in connection with your access to or use or misuse of THIS WEBSITE, ITS CONTENT, OR ANY INFORMATION, GOODS, OR SERVICES PROVIDED THROUGH OR ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY SUBMISSIONS YOU POST ON THIS WEBSITE, YOUR BREACH OF ANY OBLIGATION, TERM, OR WARRANTY IN THESE TERMS, AND YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES, or any act or omission by you in violation of THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION; AND (4) WE EXPRESSLY RESERVE THE RIGHT, AT OUR SOLE AND COMPLETE DISCRETION AND AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANy AVAILABLE DEFENSES.

No Agency, Joint Venture, Employment, or Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Website. You agree that our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

Enforceability

These Terms shall be given effect to the fullest extent permissible by law. If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason whatsoever, that provision shall be severed and the rest of these Terms shall remain valid and in full force and effect, and a provision as similar in terms as may be valid and enforceable shall be used in lieu of such provision. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Disputes, Governing Law, & Venue

This Website, and your use of this Website, is governed by the laws of the State of South Dakota, in the United States of America, and these Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, regardless of where the user is based. Any disputes about this Website, or these Terms, shall be exclusively venued in Minnehaha County, South Dakota, subject to South Dakota law without regard to conflict of law principles. You agree that any action at law or in equity arising out of or relating to this Website or these Terms shall be filed only in the state or federal courts located in Minnehaha County, South Dakota. By using or continuing to use this Website, you hereby consent and submit to be subject to South Dakota law and the exclusive jurisdiction and venue of the Minnehaha courts for any such action.

Entire Agreement and Headings

Unless otherwise specified herein, these Terms, coupled with our Privacy Policy, reflect the entire agreement between you and us regarding the Website and supersede and replace all prior or contemporaneous understandings or agreements of any type regarding this subject matter. Notwithstanding the foregoing, any additional terms and conditions provided with any service or product you obtain through the Website will also govern your use of that service or product.

The headings used herein are provided solely for your convenience and have no legal or contractual effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Specific areas or pages of this Website may include additional or different terms relating to the use of this Website. In the event of a conflict between such terms and these Terms, the terms provided on the relevant specific area or page of the Website shall control.

Reservation of Rights

Rights not expressly granted herein are reserved exclusively and entirely to us.

Assignment

You may not assign these Terms. We may assign these Terms, in whole or in part, at any time.

Accessibility

The website was built to WCAG 2.0 level AA accessibility specifications. Website templates were designed and coded with this accessibility in-mind. Note: as website content changes, accessibility status may change as well. Regular accessibility checks are performed. If any portion of this Website is inaccessible to you for any reason, please contact us at 605.275.6060.

Notices; Contact Information

Unless otherwise permitted under applicable law or these Terms, all notices provided to us in connection with these Terms, as well as all questions regarding these Terms, should be directed to the following address via certified mail:

Certified Mail:

ATTN: Legal Department

Experience Sioux Falls

200 N. Phillips Ave, Suite #102

Sioux Falls, SD 57104

Email:

info@experiencesiouxfalls.com