TERM OF WEBSITE USE
In these Terms of Website Use (the “Terms”), the words “You” and “Your” mean the visitor. The words “Noonday Market,” “We”, “Us”, and “Our”, mean GLG, LLC d/b/a Noonday Market. Noonday Market is a wholly owned and operated subsidiary of MBPI, LLC, d/b/a Gun Lake Investments (“Gun Lake Investments”), a wholly owned and operated economic arm and instrumentality of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (“Tribe”), created for the benefit of the Tribe and operating pursuant to Tribal law.
PLEASE CAREFULLY REVIEW THESE TERMS BEFORE USING THIS WEBSITE (the “Site”). NOONDAY MARKET REQUIRES THAT ALL VISITORS TO OUR SITE ADHERE TO THE FOLLOWING TERMS. BY ACCESSING THE SITE, YOU AGREE TO AND ACCEPT THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USING THE SITE.
Noonday Market reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms, at any time. It is Your sole responsibility to check the Terms periodically for any changes. Your continued use of the Site following the posting of changes will constitute Your agreement with and acceptance of the changes.
You agree to use this Site for lawful purposes only. You are prohibited from using this Site or its content in a manner that would violate any applicable Tribal, federal, state, or local law, regulation, rule or ordinance or that could give rise to any civil or criminal liability.
Information Provided on the Site
The contents of this Site, including its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material may be protected under United States copyright, trademark and other intellectual property laws. The contents of the Site belong or are licensed to Noonday Market or its software or content suppliers. Noonday Market grants You the right to view and use the Site subject to the Terms. You may download or print a copy of information provided on the Site for Your personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Site, in whole or in part, for any other purpose, is expressly prohibited without Our prior written consent. Noonday Market neither represents nor warrants that Your use of materials displayed on the Site will not infringe rights of third parties. While Noonday Market uses reasonable efforts to include accurate and up-to-date information on the Site, We make no warranties or representations as to the Site’s accuracy.
You understand that by posting materials on the Site or otherwise providing materials to Noonday Market, You are granting to Noonday Market a royalty-free, perpetual, irrevocable license to use this information in the course of offering our services. Furthermore, You understand that Noonday Market retains the right to reformat, excerpt or translate any materials submitted by You. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such content originated, and that Noonday Market will not be liable for any errors or omissions in any content.
As a condition of Your use of this Site, You agree that You will not take any action intended to: (i) access data that is not intended for You; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Noonday Market network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business. Violations of system or network security may result in civil or criminal liability.
While Noonday Market uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. Noonday Market assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
It is the policy of Noonday Market to respect the privacy of its users. In using the Site You recognize and accept that We may disclose and transfer any information that You may provide Us or that may be generated in Your use of the Site: (1) to comply with legal requirements or procedures or if We have a legal right to disclose it; (2) to protect and defend the rights or property of Noonday Market; (3) to comply with these Terms; (4) to any person or entity as You may authorize Us to do so; or (5) as permitted by Noonday Market’s Privacy Notice, which applies to Your use of this Site, and its terms are made a part of the Terms by reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Noonday Market’s efforts to protect such transmissions.
This Site may contain links to sites maintained by third parties. Noonday Market is not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites. Please note that other websites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those websites and web pages when visiting them.
Disclaimers of Warranties
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. ADDITIONALLY, NOONDAY MARKET DOES NOT WARRANT THAT THE SITE IS FREE FROM HARMFUL VIRUSES.
NOONDAY MARKET MAY AMEND OR MODIFY THE CONTENT OF THIS SITE WITHOUT NOTICE TO YOU OR ANY LIABILITY TO YOU. YOU USE THIS SITE AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
Limitations of Liabilities
UNDER NO CIRCUMSTANCES WILL NOONDAY MARKET, ITS MEMBERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF NOONDAY MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY LINKED SITE, OR RESULTING FROM A DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, NOONDAY MARKET SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS SITE OR ITS CONTENT.
By using the Site, You agree to defend, indemnify, and hold harmless Noonday Market, its members, affiliates, directors, officers, employees, agents, contractors, successors and assigns (“Noonday Market’s Indemnified Parties”) from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that Noonday Market’s Indemnified Parties may incur arising or resulting from Your use of this Site, the content of the Site, or Your breach of these Terms. Noonday Market’s Indemnified Parties reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
Preservation of Sovereign Immunity
It is the express intention of the Tribe and Noonday Market, operating as an economic arm of the Tribe, to fully preserve, and not waive either in whole or in part, exclusive jurisdiction, sovereign immunity, and any other rights, titles, privileges, and immunities, to which they are entitled. To protect and preserve the rights of the parties, no person may assume a waiver of immunity exists except by express written resolution of the Gun Lake Investments Board of Directors in accordance with the Tribal Limited Liability Ordinance, § 9.2 and Noonday Market’s Operating Agreement, § 6.2.
This Site is not directed at children under the age of eighteen (18) and Noonday Market does not knowingly collect personal information at this Site from any child under the age of eighteen (18). By using this Site You represent and warrant to Noonday Market that You are at least 18 years of age.
Content Submitted or Made Available for Inclusion at the Site
Noonday Market’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments, questions or concepts that are offered or communicated to Noonday Market through this Site or otherwise shall become the property of Noonday Market and may be treated by Noonday Market as non-confidential and non-proprietary. Noonday Market shall have the unrestricted right to use and disclose such ideas, suggestions, know-how, comments, questions or concepts for any purpose without compensation or obligation to any party.
Conduct of Site Visitors
Although Noonday Market may from time to time monitor or review postings, transmissions, and the like on the Site (collectively, “Communication(s)”), Noonday Market is under no obligation to do so and assumes no responsibility or liability arising from the content of any Communications, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Communication on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, rule or ordinance. Noonday Market retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing Noonday Market to disclose the identity of anyone posting any such information or materials.
Noonday Market may give notice to its users by means of a general notice on this Site, email to a user’s email address in our records, or by written communication sent by first class mail to a user’s address in our records. In order to receive electronic communications, you will need a working connection to the Internet. Your browser must support the Secure Sockets Layer (SSL) protocol and (at least) 128 bit encryption. SSL provides a secure channel to send and receive data over the Internet through HS encryption capabilities. Microsoft Internet Explorer 10 or above, Mozilla Firefox 28 or higher, or equivalent software support this feature. You will also need a printer connected to your computer to print disclosures/notices. We do not provide ISP services. You must have your own Internet Service Provider.
None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) to (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Noonday Market against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by You of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion that is unlawful, void or unenforceable shall be stricken from these Terms. You agree that if Noonday Market does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Noonday Market has the benefit of under any applicable law), this will not be taken to be a formal waiver of Noonday Market’s rights and that those rights or remedies will still be available to Noonday Market. All covenants, agreements, representations and warranties made in these Terms shall survive Your acceptance of the Terms and the termination of the agreement(s) contained herein. These Terms represent the entire understanding and agreement between You and Noonday Market regarding Your use of the Site and supersede all other previous agreements regarding same.
If You have any questions or concerns regarding this Site, please contact Us by email at EMAIL or by phone at PHONE.