ISLAND PEŽI TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE BROWSING, DOWNLOADING,OR USING ANY INFORMATION, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR ANY OTHERMATERIALS ON THE ISLAND PEŽI SITES, OR PLACING ANY ORDERS FOR PRODUCTS SOLD BY ISLANDPEŽI. BY ACCESSING THE ISLAND PEŽI SITES, YOU ACKNOWLEDGE THAT YOU HAVE READAND UNDERSTOOD THESE TERMS OF USE AND THAT YOU AGREE TO BE LEGALLY BOUND THEMWITHOUT EXCEPTION. IF YOU ARE ACCESSING THE SITES ON BEHALF OF ANY OTHERPERSON, COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THEAUTHORITY TO BIND THAT THIRD-PARTY TO THESE TERMS OF USE. IF YOU DO NOT AGREETO ALL OF THESE TERMS OF USE, INCLUDING ANY MODIFICATION HEREOF, THEN YOU MAYNOT ACCESS ANY PART OF THE ISLAND PEŽI SITES.
1. Definitions. For the purpose of these Terms of Use, all capitalized terms shall have the following meanings:
1.1 “Island Peži”“we,” “us” and “our” means Prairie Island 316, Inc., dba Island Peži, a tribally chartered corporation and Tribal Entity of the Prairie Island Indian Community, a federally recognized Indian tribe.
1.2 “Island Peži Products” means Island Peži branded products and other products sold by Island Peži.
1.3 “Applicable Law” means the laws, regulations, and rules of the governmental or regulatory authorities that apply to the User or Island Peži.
1.4 “Content” means any information, data, text, images, video, audio or any other materials available from Sites.
1.5 “Damaged” means the product that is defective or non-conforming with applicable regulations required for product to be suitable for retail purchase and consumption.
1.6 “Intellectual Property” means all rights to and in, or otherwise relating to the Island Peži brand, Sites, Content, products, services and other content, including but not limited to any current or pending copyright, trademark, service mark, tradename, trade dress, proprietary logo, insignia, business identifier, product offering, concepts, and/or other images, texts, or graphics related to the Sites, Content, products, services and other content, as well as the text, graphics, programming, photographs, video, and audio contained therein.
1.7 “Privacy Notice” means Island Peži’s notice to Users regarding the collection, protection and use of certain User data through the Sites, available at islandpezi.com/privacy and incorporated herein.
1.8 “Prairie Island Indian Community” or “Tribe” means the federally recognized sovereign Indian Tribe located on the Prairie Island Indian reservation.
1.9 “User Content” means any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, communication, data, content or materials transmitted, emailed, posted, uploaded or otherwise shared by a User when accessing or using the Sites.
1.10 “User”“ you” and “your” means the person accessing the Sites, including any person, entity or company that the person is accessing the Sites on behalf of.
1.11 “Terms of Use” or “Terms” means the terms and conditions governing access and use of the Sites, including these Terms and the Privacy Notice, and any changes, additions or modifications made to any such Terms or Privacy Notice.
1.12 “Sites” means the website located at islandpezi.com as well as any and all other applications, platforms, and social media profiles, owned or operated by, for, or on behalf of Island Peži, including each of their respective mobile applications, together with the Content contained in, or otherwise made accessible through, the Sites. For the purposes of Section 7 herein, the definition of Sites shall include third-party sites contracted by Island Peži to offer certain services, such as ordering Island Peži products, unless otherwise specified therein.
2. General Use
2.1 Overview and Binding Effect. By accessing the Sites you agree to be bound by these Terms and any modification that we may make to the Terms from time to time.
2.2 Eligibility. You represent and warrant that you are either twenty-one (21) years of age or older, or, you are eighteen (18) years of age or older and you have a valid medical marijuana registration card, and that you have the capacity to agree to be legally bound by these Terms. Certain parts of the Sites, including the ability to purchase Island Peži products, may be subject in whole or in part to other eligibility requirements. As such, you may be asked to verify that you meet the heightened other eligibility requirements during your use of the Sites and services, and you hereby agree that you shall not misrepresent your age or other eligibility.
2.3 Modifications to Sites and Terms. We may change these Terms, including modifying, adding, or deleting any provision or condition at any time, with or without notice to the User. Any such changes shall take effect immediately when posted. Your use of the Sites after such posting shall be deemed to constitute acceptance of such modifications, additions or deletions. It is your responsibility to check the Sites to ensure you have read and understand the current Terms. We may also change or discontinue any aspect of the Sites, Content, product or service at any time, without or without notifying you, and explicitly disclaim any liability for any such change.
2.4 Available Only Where Permitted by Law. The products and services described on the Sites are only offered within the Tribe’s jurisdiction, or, in other jurisdictions where they may be legally offered for sale. The Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to Applicable Law.
3. Use and Access Limitations
3.1 Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive ,non-transferable license, to access and view the Sites and any Content to which you are permitted access, solely for your personal and noncommercial purposes, unless otherwise provided herein, and you may not reproduce, publish, transmit, distribute, display, perform, exhibit, modify, use to create derivative works, sell, resell or use in any sale, or exploit for in any way, in whole or in part, without our prior written consent. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property rights owned or controlled by us or our licensors, except for the limited license and permissions expressly granted in these Terms.
3.2 User Guidelines. When accessing the Sites, you agree: (a) not to interfere with or disrupt the Sites or the servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected or otherwise related to the Sites; (b) not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Sites or Content; (c) not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; and (d) not to interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about Users of the Sites or transmitting private information about a third party.
3.3 Contact Information. You may provide us with certain information such as your name, telephone number and e-mail by contacting us through the Sites. All such contact information shall be governed by our Privacy Notice available on at islandpezi.com/privacy.
3.4 Applicable Laws. Your use of the Sites shall be subject to and governed by the laws of the Tribe, to which you unequivocally consent. To the extent that your Use of the Sites is additionally subject to certain laws, regulations, and rules of governmental or regulatory authorities in your jurisdiction, you understand and agree that you may also be bound by those laws. By agreeing to these Terms, you agree to act in compliance with and be legally bound by any and all Applicable Law.
3.5 Right to Deny Access and Terminate Sites. You have no inherent right to access the Sites or services. We reserve the right to refuse access to the Sites by any User for any reason and at any time, and to terminate the Sites and discontinue the services or products.
4. User Content
4.1 Limited License. Other than certain personally identifiable information and other data that is subject to specific protections in our Privacy Notice, User Content will be considered non-confidential and non-proprietary. By submitting or making available any User Content through or on the Sites, including any written or verbal communications with us regarding our Sites, Content, services, or products, you hereby grant to Island Peži a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content to promote or market our Sites, Content, or any other products or services. Island Peži does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You understand and agree that we shall be under no obligation: (a) to maintain any User Content in confidence; (b) to pay compensation for any User Content; or (c) respond to any specific requests or use any User Content.
4.2 Warranty Regarding User Content. You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content, or you have all rights, licenses, consents and releases that are necessary to grant to Island Peži the rights in such User Content as contemplated under these Terms; (b) the User Content does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of property, publicity or privacy, or result in the violation of any Applicable Law; (c) the User Content contains no information or claims you know to be false, misleading or inaccurate; (d) the User Content contains no blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; and (e) the User Content does not advocate, instruct, or intend to incite dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them, advocate or incite violent behavior, or poses a reasonable threat to personal or public safety.
4.3 Prohibited Conduct. In addition to other prohibitions as set forth in these Terms, you are prohibited from transmitting any User Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Applicable Law; (d) to infringe upon or violate our Intellectual Property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites, Content, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) to interfere with or circumvent the security features of the Sites or any related applications or services, other websites, or the Internet.
4.4 Ownership. All User Content or other content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted in these Terms.
4.5 Disclaimer. We take no responsibility and assume no liability for any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content. We may, but have no obligation to, monitor, edit or remove User Content that may be posted to the Sites or other forums regarding the Sites, Content or any other Island Peži productor service that we determine in our sole discretion violate these Terms or is otherwise objectionable.
5. Island Peži Intellectual Property.
5.1 Affirmation of Rights. Unless otherwise indicated by us, alI Intellectual Property is the property of Island Peži or our licensors, vendors, or suppliers, and is protected by applicable intellectual property laws. Your use of the Sites does not grant you any rights or licenses relating to the Intellectual Property except as may be otherwise expressly provided for in the Terms. Any unauthorized use of any such information or materials may violate patent laws, copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, and we reserve the right to seek all remedies available by law and in equity for any such unauthorized use.
5.2 Reservation of Rights. You acknowledge that any other use of the Sites or Content from the Sites is strictly prohibited and you agree not to infringe or enable others to infringe our Intellectual Property rights. You further agree to retain all copyrighted and other proprietary notices contained in the material provided via the Sites on any copy you make of the Content, but failing to do so shall not prejudice any intellectual property rights therein. Any rights not expressly granted herein to use the Content contained on or through the Sites are reserved by Island Peži in full. You additionally agree to indemnify and hold harmless Island Peži for any and all claim, dispute, damage or liability related to or arising under your use of the Intellectual Property, whether or not authorized under these Terms.
6. Third Party Tools and Links
6.1 As Is. We may provide you with access to third-party tools through the Siteswhich we neither monitor nor have any control nor input. You acknowledge andagree that we provide access to such tools “as is” and “as available” withoutany warranties, representations or conditions of any kind, and without anyendorsement with respect to their use.
6.2 Third-Party Content. Certain Content may include materials from third parties, or linksthat direct you to third-party websites that are not affiliated with us. We arenot responsible for examining or evaluating the quality or accuracy of anythird-party materials or websites, and we do not warrant and will not have anyliability or responsibility for any such materials, products, or services ofthird-parties.
6.3 Third-Party Services. Certain services may be made available through the Sites, such as the ability to purchase goods or services, by third-party sites and organizations. By using any product, service or functionality originating from the Sites domains, or from a third-party domain accessible through the Sites or otherwise shared with you via electronic means, you hereby acknowledge and consent that we may share such information and data with any third-party with whom we have a contractual relationship to provide the requested product, service or functionality.
6.4 Express Disclaimer. We shall have no liability whatsoever arising from or relating to the use of third-party links, tools, or services. Any use of third-party tools, links, or services offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those tools or links are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase of any course, product, services, resources, content, or any other transactions made in connection with any third-party tools, links, websites, services or products. Complaints, claims, concerns, or questions regarding third-party tools, links and materials should be directed to the relevant third-party provider(s).
7. Purchase Terms.
7.1 Legal Age. Only Users with a valid, verifiable identification showing they are at least twenty-one (21) years old shall be eligible to purchase products through the Sites. We reserve the right to ask for proof of valid ID at anytime. We are prohibited from making any sales to Users without a valid, verifiable ID, and should you fail to provide proof of such ID at any time, we may report your non-compliance to the applicable governing authorities.
7.2 Geographic Restrictions. Only Users within the geographic boundaries of the State of Minnesota, including tribal lands located there in ,are eligible to purchase Island Peži products.
7.3 User Information and Account Registration. To purchase our products, you must provide your name, phone number, driver’s license number, and a photo of your driver’s license or other valid government issued identification. You may choose to register for an account through the Site or third-party service. When you register for an account, you will be required to provide us with some information such as name, address, email address, billing, licensing information, contact and shipping information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account, and for any of personal accounts used in in association with your account or orders made from the Sites, such as email.
7.4 Placing Orders. Eligible Users may be given access to an electronic menu of Island Peži products available for purchase from the Sites. Orders are placed by selecting products form the electronic menu and clicking the button indicated to transmit the order, which may include identifying text such as “checkout” or “place order”. You will receive a text or e-mail confirmation of your order. When you click to transmit your order, you are making an irrevocable offer to purchase the products in your order. Purchase and sale of products are subject to product availability. We make no guaranty that all products will be available for purchase in the quantities and prices requested in your order. We specifically disclaim all liability for any claims or costs incurred for lack of product inventory, including any inaccuracies on the electronic menu. If you choose to pay online through the Site, you authorize Island Peži and its third-party payment processors to charge your designated payment method for the total order amount, including any applicable taxes. You represent and warrant that all payment information provided is true, accurate, and complete, and that you are authorized to use the submitted payment method. If you elect to pay at pickup, payment is due in full at the time of collection. Orders not picked upby 9 p.m. on the day the order is placed shall be cancelled.
7.5 Pick-up. Details for receiving the order shall be set forth in the order confirmation. User shall pick-up the products ordered through the Sites at the retail location that the order was placed. Title and risk of loss shall be transferred to the customer upon pick-up at Island Peži. We reserve the right to refuse to allow any pick-up for any legal and discretionary reason, including because the User is under-age or otherwise ineligible to purchase the products, or due to lack of inventory, and disclaims all costs and liabilities that may be associated with such cancellation.
7.6 Returns. All sales are final. Returns will only be accepted for Damagedproducts within seven (7) days of the date of purchase at the retail locationthe order was placed. Returned products must be in their original packaging. Returnswill not be accepted for any other reason, at any other time, or in any otherlocation. If the return is accepted, you will receive a refund for the originalamount paid for the Damaged product in cash.
7.7 Payment. Payment shall be made either prior to or upon pick-up.
7.8 Purchase for Personal Use Only. Products purchased through the Sites are intended for personal, non-commercial use only. By placing an order, you warrant that you are purchasing the products for your own personal consumption and not for any resale, distribution, or other commercial purpose.
7.9 Reservation of Rights. There are various circumstances under which your order may be declined or cancelled, in full or in part, before or after your order has been confirmed. We reserve the right, in our sole discretion, to cancel or decline to allow pick-up of your order for any reasonable motive, and hereby expressly and fully disclaim any cost and liability for such decision. If we cancel your order, we will refund any monies paid for the order.
7.10 Warranties. THE PRODUCTS SOLD PURSUANT TO THESE TERMS ARE PURCHASED BY THE BUYER “AS IS” AND “WITH ALL FAULTS” AND SELLER DOES NOT PROVIDE ANY WARRANTY FOR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTIES THAT THE PRODUCTS ARE OF MERCHANTABLE QUALITY OR THAT THE PRODUCTS CAN BE USED FOR ANY PARTICULAR PURPOSE.
8. Additional Terms and Conditions. Additional termsand conditions may apply to specific portions or features of the Sites,including contests, promotions, or other similar features, all of which termsare made a part of these Terms by this reference. You agree to abide by suchother terms and conditions that may apply to the Sites. If there is a conflictbetween these Terms and the terms posted for or applicable to a specificportion of the Site, the latter terms shall control with respect to your use ofthat portion of the Site.
9. Errors. Occasionally there may be Content that contains typographical errors,inaccuracies or omissions. We reserve the right to correct any errors,inaccuracies or omissions, and to change or update information or modify,discontinue, or cancel any products or services offered, including prices, atany time with or without prior notice. We undertake no obligation to update,amend or clarify Content or the Sites.
10. Disclaimers
10.1 WE DO NOTGUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITES WILL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT ANYCONTENT, INCLUDING ANY INFORMATION ON PRODUCTS OR OTHER SERVICES WILL MEET YOUREXPECTATIONS OR THE DESCRIPTIONS ON THE SITES, NOR THAT ANY CONTENT IS ACCURATEOR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLERISK.
10.2 THE SITES, CONTENT ANDPRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANYREPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS ORIMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ANDNON-INFRINGEMENT.
10.3 THE SITES DO NOTPROVIDE MEDICAL ADVICE. NOTHING STATED OR POSTED ON THE SITES IS INTENDED TOBE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITES ANDCONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITES AND CONTENT IS NOTINTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, ORTREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHPROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVERDISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OFINFORMATION YOU HAVE OBTAINED THROUGH THE SITES. YOU REPRESENT TO US (WHICHREPRESENTATION SHALL BE DEEMED TO BE MADE EACH TIME YOU ACCESS ANY OF THESITES) THAT YOU ARE NOT USING THE SITES FOR THE PURPOSE OF SEEKING MEDICALATTENTION. WE SPECIFICALLY DISCLAIM ALL RESPONSIBILITY FOR ANY LIABILITY, LOSSOR RISK, PERSONAL OR OTHERWISE, THAT IS INCURRED AS A CONSEQUENCE, DIRECTLY ORINDIRECTLY, OF THE USE OR CONTENTS OF THE SITES.
11. Indemnification. You agree to indemnify and hold harmless Island Peži, its parents ,affiliates, subsidiaries, directors, managers, members, officers, employees, contractors, agents and assigns from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to: (a) your use of the Sites, including your transmission of User Content; (b) breach of these Terms; (c) your violation of any third party right, including without limitation any Intellectual Property right or privacy right; and (d) any third-party claims related to the authorized resale of any products purchased. This indemnity shall apply to your successors and assigns and shall survive any modification or termination these Terms or the Sites. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein.
12. Limitations on Liability.
12.1 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ISLAND PEŽI, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ACCESS OR USE OF THE SITES, INCLUDING ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY INSERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITES OR CONTENT. YOU AGREE THATTHIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OFACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ISLAND PEŽI OR ANY FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ISLAND PEŽI OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRDPARTIES.
12.2 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SITES OR CONTENT, YOU ACKNOWLEDGE THAT ISLAND PEŽI HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH SITES OR CONTENT, AND THAT IF ANY OF THE FOREGOING LIMITATIONS IN THESE TERMS OF USE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT ISLAND PEŽI’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE SITES OR CONTENT, (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED $100.
13. Sovereign Status. You understand that Island Peži is atribally chartered corporation and Tribal Entity of the Prairie Island IndianCommunity, a federally recognized sovereign Indian tribe located within theboundaries of the United States. As a Tribal Entity, Island Peži shares in theimmunities and privileges of the Tribe, including immunity from unconsentedsuit. Nothing in these Terms shall be construed as a waiver or abrogation ofany such immunity or privilege, nor shall it be construed as consent to thejurisdiction of any state.
14. Governing Law and Tribal Court. Any and all disputes, claims and controversies arising out of or in connection with these Terms shall be governed by, and construed exclusively in accordance with the laws of the Tribe without giving effect to its conflict of laws provisions. You understand and agree that by accessing and using the Sites you are entering into a consensual relationship with a Tribal Entity within the jurisdiction of the Prairie Island Indian Community reservation boundaries, and that any breach of these Terms would directly affect the economic security and welfare of the Tribe. By accessing the Sites you expressly consent and submit to the jurisdiction of the Mdewakanton Dakota Tribal Court. YOU FURHTER AGREE THAT ANY CLAIM SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Miscellaneous. These Terms are effective unless and until terminated by us. If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we may terminate these Terms as they apply to you, and you will remain liable for all actions or omissions taken prior to that termination date. These Terms, including the Privacy Notice constitute the entire agreement between you and us with respect to the access and use of the Sites, provided however, if we agree to modify these terms or add additional terms in relation to purchasing products in a signed writing, they shall be read in conjunction with these Terms. A signed writing is the only way to modify or add terms. The provisions of these Terms are for the benefit of the Island Peži, its affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Theterms, covenants and conditions contained in this Agreement shall bind and inure to the benefit of the Parties their respective permitted successors and permitted assigns. If any part of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these terms will remain binding. The section headings used herein are for convenience only and shall not be given any legal import.
16. Contact. Communication regarding these Terms should be sent to us at info@islandpezi.com, or by mail to Island Peži, 6030 Sturgeon Lake Road, Site B, Welch, MN 55089.