Terms and Conditions
These Terms and Conditions (“Terms and Conditions”) are made in connection with The Historic Bay View Lake Captains Society, LLC, a Wisconsin Domestic Limited Liability Company (“Company”) website, www.historicbayviewlakecaptainssociety.com (the “Site”). The Site contains research and materials created by Douglas Mintline, and all materials offered on the Site are the exclusive property of Company. By accessing and using the Site you agree to abide by the most recent version of these Terms and Conditions, which constitute an agreement between Company and you. If you do not agree to these Terms and Conditions, you must not access or use the Site.
1. Your Access and Use of Site. All materials contained in the Site are protected by U.S. trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from the Site for your personal own use. You are prohibited from reproducing, duplicating, distributing (including by email or other electronic means), publishing, modifying, copying or transmitting material from the Site. You agree to comply with all applicable federal, state and local laws and regulations in connection with your access and use of the Site. You acknowledge and agree that you will not at any time post or make available on the Site any material or content that Company believes in its sole discretion is inappropriate in any way, and that Company has the right but not the obligation to take appropriate action related thereto, including but not limited to legal action.
Any content on the Site, in complete or partial form, including Company’s research, discoveries, photographs, contained or referenced on the Site, in any form, structure, or format, must be cited upon each use, on all materials created based upon this Site’s content, distributed or otherwise produced or published. These materials include, but are not limited to use of the Site’s content in walking tours, newsletters, books, or other forms of publication by any other organizations and/or authors not affiliated with Company. Citations to the content of this Site should include the following language for attribution:
“Taken from original research by:
Mintline, Douglas D. “Skip” Mintline, Commander, USNR, Ret.; Bay View: Town of Lake CAPTAINS!; The Historic Bay View Lake Captains Society, LLC; Milwaukee, Wisconsin, [page number/website page]; 2024.”
2. Third Party Links. You acknowledge and agree that Company is not responsible for the content or availability of outside websites or resources linked to or referenced on the Site. Company does not endorse and is not responsible for any claims that arise from your access to or use of any content, advertising, products, or other materials on or available on the Site.
3. Disclaimer of Warranties. To the extent permitted by state law, you acknowledge and agree that the materials on the Site are provided “as is” and to the extent permitted by law, are provided without warranties of any kind or nature, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purposes, and title and non-infringement. Company makes no warranty that (i) access or use of the Site will be uninterrupted, timely, secure, error-free, or free from malware or other harmful components or (ii) the quality of any content, services, information or other material obtained by you through accessing or using the Site.
4. Limitation of Liability. You acknowledge and agree that Company, and its employees, shareholders, officers, directors and agents are not liable for, in connection with the Site, (i) any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defect, viruses, communication line failure, and (ii) for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge and agree that Company is not liable for any defamatory, offensive, or illegal conduct or material on the Site transmitted by someone other than Company or a Company employee. You acknowledge and agree that Company is not liable for any incidental, special, consequential, or punitive damages, in connection with or arising from your use or from your inability to access or use the Site.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE LAST SIX MONTHS TO ACCESS AND USE THE SITE, AND (B) $100.
5. Indemnification. You agree to defend, indemnify and hold Company and its officers, directors, shareholders, employees and agents harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach of the Terms and Conditions, any third party claims in connection with your access or use of the Site, or your violation of any federal, state, or local law in connection with your access or use of the Site.
6. Termination. Company may terminate your access to and use of the Site at any time if Company determines in its sole discretion that you have violated the Terms and Conditions or have engaged in conduct that is inappropriate in any way.
7. Amendment. Company may amend the Terms and Conditions at any time without notifying you.
8. Severability. If any provision in the Terms and Conditions is unlawful, void, or unenforceable, that provision is deemed severable from the Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
9. Governing Law. The Terms and Conditions are governed by, and construed in accordance with, the laws of the state of Wisconsin without giving effect to any principles of conflicts of laws.