Website Use and Privacy Policy

POKAGON BAND OF POTAWATOMI INDIANS WEBSITE USE AND PRIVACY POLICY

This Website Use and Privacy Policy (“Policy”) governs access to and use of the www.pokagonband-nsn.gov website ("Site") by users (each, a “User”, “You”  or “Your”), as well as the manner in which the Pokagon Band of Potawatomi Indians (“Pokagon Band”, “We” or “Our”) collects, uses, maintains and discloses information collected from Users.  This Policy applies to all Users, the Site, and all programs and services offered by Pokagon Band through the Site.

Acceptance of Terms
The Pokagon Band has created and maintains the Site and makes available for Your information, education and communication, certain information, documents, photographs, videos, etc. (“Materials”) all subject to the Policy.  By accessing the Site, You agree to accept, without limitation or qualification, the Policy.  The Pokagon Band reserves the right to change the Policy from time to time, in the Pokagon Band’s sole discretion and without prior notice. Your use of the Site will be subject to the most current version of the Policy posted on the Site at the time of such use.  In addition, when accessing or using Materials, You shall be subject to any additional posted guidelines or rules that may be applicable to such Materials, in addition to those in this Policy.  All such guidelines or rules are hereby incorporated by reference into this Policy. In the event of a conflict between any such guidelines or rules and this Policy, this Policy shall govern.  If You breach or violate this Policy, Your authorization to use the Site shall automatically terminate as of such breach or violation and You shall immediately destroy any Materials obtained, downloaded, or printed from the Site.

Intellectual Property
The Site, including the Materials and all intellectual property rights associated with the Site, are the sole property of the Pokagon Band and such Materials and intellectual property rights are protected by intellectual property laws.   All custom graphics, icons, trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of the Pokagon Band, its affiliates, or other third parties that have granted the Pokagon Band the right to use such.  Except as may be provided otherwise in applicable Pokagon Band law, You are not permitted to use the Marks without the prior written consent of the Pokagon Band or such affiliate or third party that owns the particular Marks.

Use of Site Information
Except as otherwise provided in this Policy or on the Site, You may view, download and print the Materials available on the Site, subject to the following conditions:  (1) You may use the Site solely for lawful purposes; (2) You may not take any action that might comprise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or its contents; (3) You may not add to, subtract from or otherwise modify the Materials or contents of the Site; (4) You may not use the Site in any manner that may interfere with the rights of other persons or third parties; (5) You may only use the Materials and contents of the Site solely for personal, informational, and non-commercial purposes; (6) You may not distribute or post the Materials or content in any form or manner whatsoever of the Site, unless the Materials or content expressly indicates that it is intended for distribution or posting or You obtain the prior written consent of an authorized representative of the Pokagon Band to distribute or post the Materials or content; and (7) You may not remove any copyright or other proprietary notices contained in the Materials or content of the Site.

Indemnification
You understand and agree that You are personally responsible for your behavior on, or through use of, the Site.  You agree to indemnify, defend, and hold the Pokagon Band, its officials, employees and representatives harmless from and against all claims, expenses, losses, damages and liabilities of any nature whatsoever, including but not limited to attorneys’ fees and litigation costs, arising in connection with or resulting from Your use, misuse, or inability to use the Site, or any breach or violation of this Policy.

Right to Revoke Authorization
To the fullest extent permitted by applicable law, the Pokagon Band, in its sole discretion, reserves the right to revoke, terminate, suspend or restrict Your authorization to view, download, and print Materials on the Site, or to otherwise use the Site, or any portion of the Site, at any time for violation of this Policy, even if access and use continues to be allowed to others, and any such use shall be discontinued immediately upon written or electronic notice from the Pokagon Band.  The Pokagon Band shall not be liable to You or any third party for any revocation, termination, or suspension of Your access and use of the Site.

Accuracy of Information
The Pokagon Band is providing information via the Site as a public service for general information purposes only.  Although the Pokagon Band strives to ensure the accuracy of the Site, the Pokagon Band makes no claims, representations, guarantees, or warranties as to the quality, content, accuracy, completeness, currency, suitability of the information, text, graphics, photos, links, Materials, and other items provided via the Site.

Links to Other Websites
The Site may contain links to a third party website or resources that are not under the control of the Pokagon Band.  The Pokagon Band makes no representation whatsoever about any other website for which You may have access to through the Site.  The Pokagon Band provides such links merely as a convenience, and the inclusion of such links does not imply that the Pokagon Band accepts responsibility for the content or use of such website or resources.  The Pokagon Band is not responsible for the availability of such external sites or resources and is not responsible or liable for any information, documentation, content, advertising, products, services or their materials on or available from such sites or resources.  When You access a non-Pokagon Band website, You do so at Your own risk and the Pokagon Band shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such link or non-Pokagon Band website.

No Endorsement
The presence of links to third party websites or resources shall not be construed as an endorsement by the Pokagon Band of the linked website, resource, or content.  The Pokagon Band makes no representations or warranties concerning the content of any website, resource, or content linked to the Site.

Disclaimer of Warranties
The Pokagon Band makes no representations about the content, information, documents, or services of the Site.  All Materials on the Site are provided on an “AS IS” and/or “AS AVAILABLE” basis.  The Pokagon Band makes no express or implied warranties, representations, or endorsements whatsoever regarding the Site, the Materials or contents of the Site.  To the fullest extent permitted by applicable law, the Pokagon Band expressly disclaims all warranties of any kind, express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, the content, the Materials, and any product or service furnished or to be furnished via or facilitated by the Site.  The Pokagon Band does not warrant the functions performed by the Site or that the service will be uninterrupted, timely, secure, or error free, or that defects in the Site will be corrected.  The Site may contain technical or other mistakes, errors, or inaccuracies, and the Materials at the Site may be defective.  Downloading or other acquisition of any Materials through the Site is done at Your own discretion and risk, and You shall, to the fullest extent permitted by applicable law, be solely responsible for any damage to Your computer system or any loss of data that results from downloading or acquisition of such Materials.  No advice or information obtained by You from the Pokagon Band or from use of the Site shall create any warranty of any nature whatsoever.

Limitation of Liability
In no event shall the Pokagon Band be liable for any damages whatsoever, including but not limited to, direct, incident, consequential, special, exemplary, or other indirect damages arising in connection with or resulting from:  (1) the use or inability to use the Site, its Materials, or other content; (2) any transaction conducted through or facilitated by the Site; (3) any claim attributable to errors, omissions, or other inaccuracies in the Site, its Materials, services, or content; (4) any unauthorized access to or alteration of Your transmissions or date; or (5) any other matter relating to the Site, the Materials, its service or content, even if the Pokagon Band has been advised of the possibility of such damage.  If You are dissatisfied with the Site, its contents, the Materials, or its services in any way, and/or if You are dissatisfied with this Policy, your sole and exclusive remedy is to discontinue use of the Site.

Personal Identification Information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit the Site, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on the Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit the Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-Personal Identification Information
We may collect non-personal identification information about Users whenever they interact with the Site. Non-personally identification information may include the browser name, the type of computer and technical information about Users means of connection to the Site, such as the operating system and the Internet service providers utilized and other similar information.

Web Browser Cookies
The Site may use "cookies" to enhance User experience. Users’ web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them.  Users may choose to set their web browser to refuse cookies, or to alert when cookies are being sent.  If they do so, note that some parts of the Site may not function properly.

How We Use Collected Information
The Pokagon Band may collect and use Users’ personal information for the following purposes:

  • To improve customer service Information which helps Us respond to Your customer service requests and support needs more efficiently;
  • To improve the Site We may use feedback You provide to improve Our products and services;
  • To run a promotion, contest, survey or other Site feature;
  • To send Users information they agreed to receive about topics We think will be of interest to them; and
  • To send periodic emails

We may use the email address to respond to inquiries, questions, and/or other requests.   If Users decides to opt-in to Our mailing list, they will receive emails that may include Pokagon Band news, updates, related product or service information, etc. If at any time a User would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email.

How We Protect Your Information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of Your personal information, username, password, transaction information and data stored on the Site.  Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing Your Personal Information
We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and Users with Our business partners, trusted affiliates and advertisers for the purposes outlined above.  We may use third party service providers to help us operate Our business and the Site or administer activities on Our behalf, such as sending out newsletters or surveys.  We may share Your information with these third parties for those limited purposes provided that You have given us Your permission.

Compliance with Children's Online Privacy Protection Act
Protecting the privacy of the very young is especially important. For that reason, We never collect or maintain information at the Site from those We actually know are under the age of 13, and no part of the  Site is structured to attract anyone under the age of 13.

No Waiver
The Pokagon Band has not waived the sovereign immunity of the Pokagon Band or its officials, employees or representatives in connection with this Policy.

Waiver of Breach
A waiver or a decision by the Pokagon Band not to enforce, pursue, or prosecute a breach of this Policy shall not be deemed to constitute a waiver by the Pokagon Band to insist on strict compliance in the future with this Policy, and shall not prevent the Pokagon Band from enforcing, pursing, or prosecuting a subsequent breach to the fullest extent permitted by applicable law.

Contacting the Pokagon Band
If You have any questions about this Policy, the practices of the Site, or Your dealings with the Site, please contact us at:

Pokagon Band of Potawatomi Indians
www.pokagonband-nsn.gov
58620 Sink Road
Box 180
Dowagiac, Michigan 49047

(800) 517-0777
website@pokagonband-nsn.gov

Severability
The provisions of this Policy are severable.  If any provision of this Policy is determined to be invalid or unenforceable it shall be considered deleted from this Policy and the invalidity of such provision shall not affect the validity or enforceability of any other provisions of this Policy, which shall remain in full force and effect.

Entire Policy
This Policy represents the entire understanding relating to the use of the Site and supersedes all prior discussions, communications, and agreements concerning Your use of the Site.

Governing Law
This Policy shall be construed in accordance with the laws of the Pokagon Band.

Personal Jurisdiction
The Site is controlled by the Pokagon Band from its main administration offices located on Pokagon Band trust land in Dowagiac, Michigan.  By accessing and using the Site, You hereby consent to the personal jurisdiction of the Pokagon Band’s Tribal Court for any action arising in connection with or relating to Your access to, or use of the Site, and You waive all objections to said venue.

This was last updated on February 1, 2016, when it was approved by Tribal Council motion.